Fri.Oct 22, 2021

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RIAA: ‘Refocused’ Yout Stream-Ripping Lawsuit Should Be Dismissed

TorrentFreak

Yout.com’s legal battle with the RIAA, which was instigated by the YouTube-ripping service in 2020, hasn’t been a straightforward affair. The original complaint hoped to achieve a declaratory judgment that the service operates legally but the RIAA has fought back on every detail. The basis of Yout’s complaint is that it operates an entirely legal service that, contrary to the claims of the RIAA, does not “descramble, decrypt, avoid, bypass, remove, deactivate, or impair” YouTub

Music 122
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Does the Canadian Online Harms Proposal Increase Privacy Risks?

IPilogue

Photo by AbsolutVision ( UNSPLASH ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . . Online privacy is, without a doubt, an area of growing concern. As technology takes a greater presence in our lives, lawmakers are right to turn their minds to its potential deleterious effects. However, with the new Liberal government proposal, legal scholars and law students alike are left wondering if the Canadian Online Harms proposal will do more harm tha

Privacy 116
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Trending Sources

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Models’ Lawsuits Against Nightclubs Highlight SCOTUS Petition Challenging Elevation of ‘Public Prominence’ Factor in Lanham Act Cases

IP Watchdog

In mid-October, a pair of lawsuits were filed in the Eastern District of Virginia by different groups of professional models seeking damages and injunctive relief under the Lanham Act from adult entertainment clubs for the unauthorized use of the models’ images in promotional materials. The filings come at about the same time that the U.S. Supreme Court is considering a petition for writ of certiorari from the U.S.

Trademark 112
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RCN Asks Court to Dismiss ‘Copyright Trolls’ Piracy Liability Lawsuit

TorrentFreak

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. In the past such drastic action was rare but with the backing of legal pressure, ISPs are increasingly being held to this standard. Initially, these lawsuits were mostly initiated by music companies, backed by the RIAA. However, in recent months a group of independent filmmakers joined in.

Copyright 109
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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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Cher Sues Mary Bono for $1 Million Over Missing Royalties

JD Supra Law

- Cher filed a lawsuit against her late musical partner and ex-husband Sonny Bono’s widow over the rights to many of their cherished Sonny & Cher songs. She asked the court to block the trust which handles Sonny’s estate, the Bono Collection Trust, from terminating her rights that granted her 50 percent of the royalties under their divorce settlement.

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Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White

Technology & Marketing Law Blog

I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over social media content (e.g., Rapaport v. Barstool ). Still, online defamation claims can succeed, as this case shows. But even if the plaintiff wins in court, does it truly win? * * *. The court summarizes the facts: On the job at Steak N Shake, Melissa White thought she found worms in hamburger meat, and insisted her manager inspect the meat.

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The Briefing – Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

The IP Law Blog

In this episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product manufacturer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.”. Watch this episode on the Weintraub YouTube Channel, here.

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Phillips Nizer Pulls TTAB Vet From Amster Rothstein

IP Law 360

Phillips Nizer has picked up a trademark partner from Amster Rothstein & Ebenstein LLP with over 30 years of experience representing everyone from fashion wholesalers to brand names like Six Flags at the Trademark Trial and Appeal Board.

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13 Small Business Legal Requirements and Tips For Launch

Legal Zoom

There are many small business legal requirements to keep track of when you start a business. Save yourself the extra stress and use this checklist to monitor your progress.

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US TV, Film Studios Win Blocking Order On Pirate Websites

IP Law 360

A judge granted website blocking orders sought by a group of major American entertainment studios, including Disney and Columbia Pictures, on Friday against six U.K. telecommunications companies, saying the targeted websites authorize the infringement of copyrighted film and television content.

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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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Manufacturing Month 2021: Celebrating Women-Led Manufacturers Like Woofables, the Gourmet Dog Treat Bakery in Coralville, Iowa

U.S. Department of Commerce

Manufacturing Month 2021: Celebrating Women-Led Manufacturers Like Woofables, the Gourmet Dog Treat Bakery in Coralville, Iowa. October 22, 2021. KCPullen@doc.gov. Fri, 10/22/2021 - 13:14. Manufacturing. In today’s manufacturing world, women play a much larger role than they have in the past. From leadership in the front office to machine operators on the shop floor, women of all ages are changing the stereotypes and face of manufacturing.

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IP Law Professors, Litigators Launch New Firm Lex Lumina

IP Law 360

A group of litigators and intellectual property academics have announced the opening of Lex Lumina, their new litigation firm in New York City.

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FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

JD Supra Law

On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding practices involving customer endorsements, testimonials, reviews, influencer marketing and native advertising that it considers to be deceptive.

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What Is the Self-Employed Health Insurance Deduction?

Legal Zoom

The self-employed health insurance deduction can help offset some of the costs of paying out-of-pocket for health care coverage. Find out who can take the deduction, what it includes, and how to claim it.

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Virginia Judge Ships Suit Over AbbVie's Humira To Illinois

IP Law 360

A Virginia federal judge on Friday transferred a declaratory judgment suit from a potential AbbVie Inc. rival hoping to make a biosimilar of its blockbuster immunosuppressant Humira to Illinois, saying the transfer order rendered a bid by AbbVie for dismissal moot.

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Why and How to File Back Taxes

Legal Zoom

The IRS is typically willing to work with taxpayers who make an effort to get caught up on their tax filing obligations. Filing back taxes can help you avoid drastic IRS collection efforts.

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Brand Battles: Polaris Won't Go Soft On Monster Energy's TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, ATV maker Polaris Industries Inc. is trying to block Monster Energy Co.'s trademark application for "Polaris" energy drinks — plus four other cases you need to know about.

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What Is a Synchronization License?

Legal Zoom

Whether you're using a popular recording in your company's web presentation or just posting a cool video of your toddler singing one of today's hits, you'll need a synchronization license for that music before you put the content out into the world.

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Settlement A No-Go As Adidas Targets Clothier Over Stripes

IP Law 360

A Manhattan federal judge heard Friday that "epic" settlement talks over two years have failed in what could be a big-dollar trademark infringement battle between sportswear giant Adidas and clothier Thom Browne over striped athletic gear and shoes.

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Federal Circuit Grants Mandamus to Dish, Ordering Albright to Transfer

IP Watchdog

In its latest rebuke of Judge Alan Albright’s approach to motions to transfer cases out of his court, the United States Court of Appeals for the Federal Circuit (CAFC) on October 21 granted DISH Network’s petition for a writ of mandamus challenging the denial of its motion to transfer a case filed by Broadband iTV (BBiTV) from the United States District Court for the Western District of Texas to the United States District Court for the District of Colorado.

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Facebook Asks Full 3rd Circ. To Review News Anchor's IP Suit

IP Law 360

Facebook asked the Third Circuit for an en banc rehearing in an intellectual property lawsuit launched by a Philadelphia-based TV journalist over the unauthorized use of her photo, arguing a split panel's decision to revive the suit conflicts with Section 230 of the Communications Decency Act.

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TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

The TTABlog

The USPTO refused to register the mark BEDLAM VODKA in the word-plus-design form shown below left, for vodka [VODKA disclaimed], finding confusion likely with the registered mark BEDLAM! in the word-plus-design form shown below right, for beer. Applicant argued that the design elements of the marks are distinct, and further that "vodka and beer are not related on this record because the Examining Attorney proffered evidence of only ten producers that offer both vodka and beer out of more than 7,

Designs 94
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Best Practices As More Retailers Join The Secondhand Space

IP Law 360

Retailers entering the burgeoning secondhand market face best practice issues that traditional sellers may not be accustomed to considering, including the risk of deceptive reference pricing and extensive regulations under California's secondhand dealer law, say attorneys at Steptoe & Johnson.

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Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages

JD Supra Law

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages. However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially the same.

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The Briefing – Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

LexBlog IP

In this episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product retailer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.” Watch this episode on the Weintraub YouTube Channel, here.

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Investment Banker Tells Publishers Buyer Interest Is Strong

Velocity of Content

For the Frankfurt Book Fair’s annual Global 50 CEO Talk on Wednesday, investment banker Robin Warner , Managing Director of Oaklin DeSilva+Philips and Klaus Driever , Managing Director of Allianz, discussed, “Consolidation, Consumers and Communities.” Warner joined online from New York, with Driever speaking at the fair’s onsite broadcast studio.

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The Briefing – Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

LexBlog IP

In this episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product manufacturer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.” Watch this episode on the Weintraub YouTube Channel, here.

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Burns & Levinson Snags Patent Ace From Dinsmore & Shohl

IP Law 360

Burns & Levinson has nabbed a veteran patent partner from Dinsmore & Shohl LLP, adding life sciences muscle to a robust intellectual property group, the Boston firm announced Thursday.

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Leahy-Corbin Proposals for “Restoring the America Invents Act”

JD Supra Law

We recently reported on bipartisan legislation introduced by Senators Patrick Leahy (D) and John Cornyn (R) to significantly revamp certain features of the America Invents Act (AIA), ten years after its debut. This proposed legislation, entitled the “Restoring the America Invents Act,” seeks to curb the recent rise in discretionary denials….

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Blogocracy

Likelihood of Confusion

Today’s top story for blog-navel-gazers: CURRIE FOR CONGRESS: REPRESENTATIVE WATERS HAS FRIENDS IN AL JEZEERAH. Per Dean Esmay, one of the ‘sphere’s favorite milibloggers wants to unseat the Honorable Comrade. The post Blogocracy appeared first on LIKELIHOOD OF CONFUSION™.

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[Audio] Podcast: The Briefing by the IP Law Blog - Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

JD Supra Law

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and the holiday product manufacturer, Fun World, over his use of the iconic ghost mask from the horror film, "Scream.".

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Huawei Can't Get £8M Security From Patent Fund In 3G Case

IP Law 360

A judge rejected a Huawei subsidiary's bid to get £8 million ($11 million) in security from a Japanese patent fund suing the Chinese technology giant for allegedly infringing its mobile phone technology, saying Friday it was unlikely the claimant would lose on all points of its case.

Patent 52
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What to know about Baosteel: the Chinese giant behind Japan’s biggest patent dispute

IAM Magazine

The state-owned firm has moved up the value chain despite its limited overseas patent holdings, but it is no stranger to high-stakes IP legal fights abroad.

Patent 52
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Other Barks & Bites for Friday, October 22: Tillis Co-Sponsors Cyber Incident Reporting Act, Samsung Faces Major Smartphone Ban in Russia, and House Passes Four Telecommunications Infrastructure and Competition Bills

IP Watchdog

This week in Other Barks & Bites: Facebook comes to a preliminary agreement on copyright royalties with French news publishers; Senator Thom Tillis announces his support of a bill increasing cyber-attack reporting requirements for critical infrastructure owners; the Federal Trade Commission issues a report on “troubling” ISP practices surrounding consumer personal data; a Moscow court enters a ruling banning dozens of Samsung smartphone models from Russia after finding infringement of mobil

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Talks over covid vaccine IP waiver appear increasingly futile

IAM Magazine

Saturday Opinion: The prospect of an international agreement on the proposed suspension of TRIPS now appears vanishingly small.

IP 52