Wed.Mar 23, 2022

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3 Count: Free Law

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ed Sheeran Awaits Verdict Over Copyright Court Battle. First off today, The Associated Press reports that Ed Sheeran’s 11-day trial over the song Shape of You has concluded, and both sides are currently awaiting the ruling. The case was filed in the UK by Sami Chokri, who accuses Sheenan and his co-writers or infringing his 2015 song Oh Why.

Law 180
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RuTracker Found Itself Unblocked in Russia So Immediately Blocked Itself

TorrentFreak

After Russia invaded Ukraine on February 24, 2022, it became clear that the conflict would result in devastating loss of life with implications for the whole planet. As countries around the world implemented the broadest sanctions regime in history against Russia, entire nations and their industries prepared for the aftershocks and entertainment was no exception.

Reporting 145
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Trending Sources

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Expert Group Analyzes AI, Copyright and Designs

IP Watchdog

The European Intellectual Property Office (EUIPO) recently published a deep dive report, titled Study on the Impact of Artificial Intelligence on the Infringement and Enforcement of Copyright and Designs. The report is a product of the Impact of Technology Expert Group, which was established in early 2019. They followed an approach based on Lawrence Lessig’s ‘Code and Other Laws of Cyberspace’ also known as the Code Theory.

Designs 135
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Illegal IPTV Streaming: Four Receive Prison Sentences Totaling 10+ Years

TorrentFreak

On September 11, 2018, following an investigation and referral by the Federation Against Copyright Theft, two people were arrested in connection with the unauthorized streaming of TV broadcasts. Officers from Hampshire County Council’s Trading Standards unit assisted by local police executed a warrant at an address in Bursledon, Hampshire, close to the city of Southampton.

Licensing 132
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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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CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (Summer 2022)

IPilogue

Please send your completed applications to ipinnovationclinic@osgoode.yorku.ca. The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities.

IP 129
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The Hudson Institute Memo Draws the Wrong Conclusions from Discrepancies in I-MAK’s Data

IP Watchdog

The debate around whether patents are unnecessarily propping up drug prices has been simmering for years. A recent policy memo from the Hudson Institute has thoughtfully raised concerns about the data underlying this debate, and the memo made its way up to the U.S. Senate Judiciary Subcommittee on Intellectual Property. While the memo may have successfully poked holes in some of the data, it draws questionable conclusions regarding what those holes might mean.

More Trending

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Trademark Issues: How is Social Media Becoming the New Target for Cybersquatting?

Kashishipr

A trademark refers to a legally registered word or symbol representing a specific product or service of a company. It helps the public at large to identify the products and services of one and distinguish them from those of others. Therefore, we can say that a trademark serves as a helping hand in gaining more uniqueness and popularity everywhere, including on platforms as prevalent as the internet.

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Senior Party Sigma-Aldrich's Opposition to CVC's Substantive Preliminary Motion No. 4 in Interference No. 106,132

JD Supra Law

On February 18th, Senior Party Sigma-Aldrich filed its Opposition to Substantive Preliminary Motion No. 4* from the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC"), Junior Party in Interference No. 106,132, wherein CVC moved to add Senior Party Sigma-Aldrich's U.S. Patent Nos. 10,731,181 and 10,745,716 to the interference and designate claims 1-17 of the '181 patent and claims 2-4, 11, 14, 21, and 22 of the '716 patent as.

Designs 98
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Fortnite Maker Gets Patent Suit Nixed in WDTX

IP Law 360

Judge Alan Albright of the Western District of Texas has thrown out a lawsuit alleging Epic Games infringed a series of patents with the in-game communication system of its popular "Fortnite" game, finding that western Texas was the wrong place for the case.

Patent 98
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If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

Technology & Marketing Law Blog

Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion. This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. Among other things, plaintiffs complained that defendant used plaintiffs’ likenesses to drive traffic and sell subscriptions to paid searches.

Privacy 98
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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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New decisions in Europe and the US in CRISPR/Cas9 patent dispute

JD Supra Law

CRISPR/Cas technology, also known as “genetic scissor”, is one of the most targeted and promising tools in gene technology. It allows targeted and extremely precise modification of the DNA in humans, animals, plants and microorganisms. Therefore, it revolutionized genetic biotech as well as research.

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Substitute specimens: How to show trademark use when original specimens rejected

Patent Trademark Blog

Why the need for substitute specimens of use? If you’ve encountered a rejection of your trademark specimens of use , then you know what I’m talking about. Substitute specimens. Why and when do they come into play? What exactly are substitute specimens? What are the timing requirements? Can you create new specimens in time? You have questions.

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USPTO Provides Advice Regarding Dealings with Rospatent

JD Supra Law

Earlier this month, the U.S. Patent and Trademark Office announced that it was terminating engagement with officials from the Russian Federal Service for Intellectual Property (Rospatent) and Eurasian Patent Organization (EAPO), per guidance issued by the U.S. Department of State (see "USPTO Terminates Engagement with Rospatent and EAPO").

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What Separated Parents Should Know About Their Canadian Child Benefits

Nelligan Law

Reading Time: 3 minutes The Canada child benefit (CCB) is a tax-free, income based monthly payment made to eligible families to help with raising children under 18 years of age. To be eligible, you must meet citizenship and residency requirements, and you must be primarily responsible for the care and upbringing of a child or be in a shared parenting arrangement as defined by the CRA.

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Federal Court sets aside decision by the Minister of Health to issue RUZURGI NOC for the second time

JD Supra Law

On March 10, 2022, for the second time, the Federal Court set aside a decision by the Minister of Health (Minister) to issue Médunik Canada (Médunik) a Notice of Compliance (NOC) for its amifampridine product, RUZURGI, despite data protection for FIRDAPSE (containing amifampridine phosphate), and sent the matter back for a new determination: Catalyst Pharmaceuticals, Inc v Canada (Attorney General), 2022 FC 292.

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Takeda Asks Fed. Circ. To Undo Trintellix IP Loss

IP Law 360

Takeda Pharmaceuticals has asked the Federal Circuit to undo a decision — made by a former federal judge who just took a seat on the appeals court — that a slew of generic-drug makers don't infringe two of its patents on antidepressant drug Trintellix.

IP 75
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Intellectual Property in the Metaverse

JD Supra Law

GOODS AND SERVICES IN THE METAVERSE - Recent news articles are replete with references to the proliferation of trademark applications filed with the USPTO by various enterprises and high-profile personalities to register trademarks relevant to the sale of goods and services in the metaverse. A simple search at the USPTO reveals an astounding number of applications for registration of marks in association with virtual clothing and accessories, downloadable virtual goods, and virtual currency, as.

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Comet Awarded $40M In Trade Secrets Trial Against Rival XP

IP Law 360

A California federal jury on Wednesday awarded Comet Technologies $40 million in damages after finding that rival XP Power misappropriated trade secrets on equipment used to manufacture semiconductor chips.

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The Metaverse Gold Rush: What Smart Brands Should Do (And Not Do) Now

JD Supra Law

It is hard to escape the buzzword “metaverse” these days. Major tech companies are betting on the virtual future, with Facebook even re-naming itself “META” in homage to the concept. Traditional brick-and-mortar based brands are staking a claim as well. For example, in February 2022, McDonald’s filed trademark applications before the U.S. Patent and Trademark Office (“USPTO”) covering virtual goods and NFTs along with virtual restaurant services.

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50 Cent's Cognac Co. Can't Slip TM Claims Over Bottle Design

IP Law 360

A New York federal judge has held that cognac producer Remy Martin provided enough details about its cognac bottle design elements to keep alive claims that rapper 50 Cent's competing brand mimicked its bottle's trade dress, rejecting bids to trim those allegations from E. Remy Martin & Co.'s design patent suit.

Designs 75
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[Video] Monthly Minute | Intellectual Property in the Metaverse

JD Supra Law

Once a month, we cover an interesting topic in 60 seconds. This month, Partner David Caplan and Associate Daniel Gaitan share their thoughts on intellectual property issues in the metaverse.

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Meta Continues Move Toward Metaverse With New TM Filings

IP Law 360

Meta Platforms Inc. is continuing its exploration of the metaverse with its recent bids to register the company's new logo as trademarks for crypto and virtual products and services.

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Three reasons why patent applications for applied AI inventions do not succeed at the EPO

IAM Magazine

For an application to enjoy success at the EPO, it is vital that it fulfils the technicality, sufficiency and plausibility requirements. It remains to be seen whether the latter will play a greater role during assessment.

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Intellectual Property Rights and Dance Moves: An Indian Perspective

IIPRD

Granting Copyright. It is true that a work is considered copyrighted the moment it is created but a right to sue for infringement arises only when it is registered. For a dance move to be registered, it should be creative, original, unique, and consist of systematic dance steps. It should not consist of basic dance movements but have some level of uniqueness in order to prove the ownership.

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Ready or Not: Your Trademark Portfolio in the Metaverse

IP Tech Blog

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse.

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Presumption of Irreparable Harm

Patently-O

Is it time for Congress to overturn eBay v. MercExchange (2006) and create a presumption that an injunction will follow a determination of patent infringement? — Dennis Crouch (@patentlyo) March 23, 2022.

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JPO presses case for grace period harmony as trade deals bring issue to the fore

IAM Magazine

The grace period gap between major jurisdictions has recently been thrust into the spotlight. The JPO is one stakeholder pushing for major players to seize momentum and work towards harmonisation.

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Federal Appeals Court Affirms the Role of ‘Balance’ in Scheme for Extending Term of Pharmaceutical Patents

LexBlog IP

On 18 March 2022, the Full Court of the Federal Court of Australia issued decisions relating to term extensions of patents covering pharmaceutical products: Commissioner of Patents v Ono Pharmaceutical Co. Ltd [2022] FCAFC 39 (‘ Ono ’); and Merck Sharp & Dohme Corp. v Sandoz Pty Ltd [2022] FCAFC 40 (‘ MSD ’). The two decisions have (at least) three things in common.

Patent 52
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Wider implications for patent owners if Apple wins appeal of $308.5 million ‘submarine’ verdict

IAM Magazine

If Personalized Media Communications loses its quest to restore the verdict, and the Federal Circuit issues precedent on the prosecution laches defence, it could impact certain rights holders who have used serial prosecution or continuation practices.

Patent 52
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Pitch for Blawg Review #3

Likelihood of Confusion

Read all about it: Appellate Law & Practice: Blawg Review #3. You just might learn something! Originally posted 2005-04-25 22:47:00. Republished by Blog Post Promoter. The post Pitch for Blawg Review #3 appeared first on LIKELIHOOD OF CONFUSION™.

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USPTO Says More Minorities Are Using Pro Bono Program

IP Law 360

The U.S. Patent and Trademark Office said Wednesday that minorities who have been systematically excluded from the innovation ecosystem are turning to the agency's pro bono program to file patents.

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U.S. and Multilateral Russia-related Trade Policy and Import Restrictions

JD Supra Law

Key Points - The United States and its allies are banning imports or increasing tariffs on Russia’s top products—crude oil, petroleum, petroleum fuels, oils, liquefied natural gas, coal, fish, seafood, alcohol, non-industrial diamonds, iron and steel. The United States and its allies are also banning exports and re-exports into Russia of “luxury goods.”.

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Micro Entity Status: Qualifying to Reduce Patent Fees

LexBlog IP

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Amazon’s Utility Patent Neutral Evaluation Proceeding: Let the Seller Beware

JD Supra Law

Speed and efficiency have long been Amazon’s hallmarks, and its dispute resolution system for patent infringement claims is no exception. Amazon’s Utility Patent Neutral Evaluation (“UPNE”) proceeding is quickly emerging as an efficient and powerful dispute resolution tool, especially in the consumer goods industry, where sellers rely on Amazon for a significant portion of their sales.

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Ready or Not: Your Trademark Portfolio in the Metaverse

LexBlog IP

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Whilst the SPB Team does not blindly follow trends, we are advising all our trademark clients (even the more “conservative” ones) now to file trademarks covering goods and services related to the Metaverse.