Sun.Nov 07, 2021

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CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). The request for preliminary ruling arose from a dispute between Ferrari and Mansory Design, currently pending before the German Federal Court of Justice (Bundesgerichtshof).

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Free Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18-Dec 17; Register by Nov 8]

SpicyIP

We’re pleased to inform you that Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a free five-week online course/workshop on ‘Access to Medicines, TRIPS and Patents’ from 18th November, 2021. The deadline for registration is 8th November, 2021. For further details, please read the announcement below: Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18 – Dec 17].

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Italy has transposed the DSM Directive

The IPKat

Merpel celebrated Halloween in Florence Together with Spain [Katpost here ] , this week it has been Italy’s turn to transpose the DSM Directive into its own law. Next week, the Legislative Decree approved by the Council of Ministers will be published on the Italian Official Journal ( Gazzetta Ufficiale ). During the summer, The IPKat discussed the content of some of the most ‘interesting’ draft provisions that Italy was considering adopting to implement the Directive into its own law.

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Poor eBay!

Likelihood of Confusion

News item: eBay Beats The Street; Revenue Up 16 Percent To $2.5B; Net Income Up 12 Percent eBay just reported first quarter earnings today posting revenue of $2.5 billion, an increase of. The post Poor eBay! appeared first on LIKELIHOOD OF CONFUSION™.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Sunday Surprises

The IPKat

November is here, autumn is in full gear and so is this issue of Sunday Surprises with new IP events and new opportunities. Events This Kat is always amazed by the colours of the leaves in autumn. 4iP Council - Licensing Negotiation Groups: what, why, how 4iP will hold an online webinar to discuss the proposed formation of Licensing Negotiation Groups (LNGs) of implementers that would collectively negotiate and license standard essential patents (SEPs).

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BBB Defeats Defamation Lawsuit (After 7 Years)–Better Way v. BBB

Technology & Marketing Law Blog

A Better Way Wholesale Autos sells cars “as is.” Some buyers who experienced mechanical problems nevertheless felt hornswoggled, and over 100 of them complained to the Better Business Bureau (BBB). The vendor sued BBB because the low ratings were allegedly costing it profitable sales. Defamation. The court says: the heart of the plaintiff’s claim against CBBB in this count is that “Defendant CBBB’s ranking of Plaintiff is inaccurate and there is no calculation available w

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Judge Stark Grants Plaintiff’s Motion for Partial Summary Judgment as to Defendants’ Affirmative Defenses of Laches, Acquiescence and Statute of Limitations in Trademark Infringement Action

Delaware Intellectual Property Litigation Blog

By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd. , Civil Action No. 20-1652-LPS (D.Del. November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. as to the affirmative defenses of laches, acquiescence, and statute of limitations of Defendants as to Defendants’ allegedly infringing use of the EMERSON QUIET KOOL trademark.

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Herbert Smith Freehills advises joint global coordinators on UJU Holding's HK$800 million Hong Kong IPO ????????????????????????????8???IPO??????

Herbert Smith Freehills

Leading global law firm Herbert Smith Freehills has advised CMBC Securities Company Limited and Guotai Junan Securities (Hong Kong) Limited as joint global coordinators of online marketing solutions provider UJU Holding Limited (01948.HK)'s Main Board listing on the Stock Exchange of Hong Kong. The IPO raised over HK$800 million (approximately US$103 million), and listed on 8 November 2021.

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Do You REALLY Own Your Business Name?

LexBlog IP

You put a great deal of effort in choosing the perfect name for your business. You registered the business with the Secretary of State in every state in which you operate. That’s all you need to own your business name, right? Wrong. Registering your business with the Secretary of State only means no other business in your state has the exact same name.

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Three trade secret trends that matter most to in-house counsel

Managing IP

Counsel at four companies including Lam Research and Heraeus weigh in on employee mobility, the rise of software and remote working

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Judge Stark Grants Plaintiff’s Motion for Partial Summary Judgment as to Defendants’ Affirmative Defenses of Laches, Acquiescence and Statute of Limitations in Trademark Infringement Action

LexBlog IP

By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd. , Civil Action No. 20-1652-LPS (D.Del. November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. as to the affirmative defenses of laches, acquiescence, and statute of limitations of Defendants as to Defendants’ allegedly infringing use of the EMERSON QUIET KOOL trademark.

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Leahy, Tillis launch WDTX attack; $650mn CRISPR IP deal; Merck UN covid licence agreement; Samsung hit by Russia injunction; InterDigital strikes gold; plus much more

IAM Magazine

Get ready for the new working week with a summary of all the stories posted on the IAM platform over the past seven days.

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Computer and Internet Weekly Updates for 2021-11-06

Barry Sookman

Computer and Internet Weekly Updates for 2021-10-30 [link] 2021-10-31. While being investigated, Google announces more news partnerships [link] 2021-11-01. President’s Working Group on Financial Markets Releases Report and Recommendations on Stablecoins | U.S. Department… [link] 2021-11-01. Quebec’s Bill 64 Introduces New Transparency and Consent Standards | McCarthy Tétrault [link] 2021-11-03.

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Ranibizumab Updates: FDA approval of Roche’s Refillable Ocular Implant and FDA Acceptance of Bioeq’s BQ201 BLA

LexBlog IP

On October 22, 2021 Roche announced the FDA’s approval of its ranibizumab intravitreal injection, marketed as Susvimo. Susvimo is a refillable ocular implant—requiring refills every six months—that continuously delivers medicine into the eye for the treatment of neovascular or wet age-related macular degeneration, a condition that can cause rapid and severe vision loss.

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"To be safe, however, Whiteley has rechristened the project 'Justin Bieber Is Suing Me,' and the gallery’s Instagram page now acknowledges the parodic nature of the project."

The Art Law Blog

Sarah Cascone at artnet news: Justin Bieber’s Lawyers Tried to Shut Down a Gallery Show by an Artist Impersonating the Pop Star to Sell $100,000 Paintings. The show was at Gablowsian gallery.

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Can You Patent Your Idea?

LexBlog IP

Maybe. The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Not every application succeeds in becoming a granted patent, though. Important requirements must be met in order for an invention to be patented. Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions gra

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UFC on Piracy: Suing YouTube & Facebook Not Viable, They Hide Behind the DMCA

TorrentFreak

The Entertainment Law Institute and the Sports and Entertainment Law Society (SELI) at the University of New Hampshire recently hosted a panel discussion titled “Online Piracy of UFC Fights and Live Sports: The Role of Copyright Law.”. It featured Lawrence Epstein (Chief Operating Officer of the UFC), Debbie Spander (Founder and CEO of Insight Sports) and Ryan Vacca (Professor of Law at UNH Law).

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