Tue.Aug 02, 2022

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Can We Reexamine the Role of Blockchain in Copyright Now?

Plagiarism Today

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive. Though the book is rare and valuable, with approximately 10 copies made, previous ones sold for approximately $28,000, making Spice DAO’s purchase more than 100 times the going rate.

Copyright 231
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Trademarks: Measure Twice Cut Once

Erik K Pelton

Borrowing from the world of carpentry, Erik uses the “Measure Twice, Cut Once” metaphor to explain its analogy to the world of trademark protection. Watch or listen to this episode to discover the meaning behind this metaphor. The post Trademarks: Measure Twice Cut Once appeared first on Erik M Pelton & Associates, PLLC. Borrowing from the world of carpentry, Erik uses the “Measure Twice, Cut Once” metaphor to explain its analogy to the world of trademark protection.

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3 Count: Bridgerton’s Musical

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Netflix Slams Unofficial ‘Bridgerton’ Musical Creators in Copyright Infringement Lawsuit. First off today, Larisha Paul at Rolling Stone reports that Netflix has filed a lawsuit against a duo of musicians alleging that they violated an agreement and staged live performances of their album the Unofficial Bridgerton Musical.

Music 193
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Connecting Online Platform Audiences to News Media Content: Is There A “Missing Link”? 

Hugh Stephens Blog

Last week I talked about developments in Australia, Canada and the US regarding how to find ways to require large online platforms that aggregate news content for their users to share some of their digital advertising revenues with the producers of that content, namely news publishers and broadcasters. Australia has already taken action, successfully.

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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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Why Nintendo Uses the DMCA to Take Down Piracy-Enabling SigPatches

TorrentFreak

Nintendo has been tackling videogame piracy for a very long time but a lot of water has gone under the bridge since the simplicity of the SNES-based Super Wild Card. These days Nintendo has multiple attack vectors to cover, from bringing down commercial groups such as Team-Xecutor to blocking sites that distribute pirated Switch ROMs. As a result, the Japanese gaming giant often finds itself taking action under the DMCA but as a case from late last week shows, that isn’t necessarily straig

Copyright 136
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Tillis, Leahy Introduce Legislation Mandating Reports, USPTO Improvements on Patent Quality

IP Watchdog

Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) today announced the introduction of the Patent Examination and Quality Improvement Act of 2022, which is aimed at “evaluat[ing] and improv[ing] the patent examination process and the overall quality of patents issued by the USPTO,” according to a press release. Last week, Tillis told IAM that he would be introducing legislation to reform U.S. patent eligibility law, which is still to come.

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More Trending

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SOCAN v ESA: Royalties in the Age of Streaming

IPilogue

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On July 15, 2022, the Supreme Court of Canada (“SCC”) released its decision for the case Society of Composers, Authors and Music Publishers of Canada (“ SOCAN ”) v. Entertainment Software Association (“ ESA ”). The unanimous decision written by Justice Rowe clarified provisions of the Copyright Act (the “Act ”) , ruling that the Act only requires users to pay one royalty fee to stream works online as opposed to

Music 122
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Network effects: How to rebuild social capital and improve corporate performance

McKinsey Operations

People’s professional networks have shrunk since the onset of the COVID-19 pandemic, while companies’ attrition and hiring challenges are growing. To help reverse these trends, people and organizations will need to manage workplace interactions more intentionally. Here’s how.

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The Beijing Intellectual Property Court’s rejection of a deceptive trade mark application: ‘THE QIXIA APPLE BRANDY’

The IPKat

A deceptive sign is not eligible for trade mark registration. Such rule, in the Trade Mark Law of China ( TMLC ), is directly stipulated in Article 10.1 (7): None of the following signs may be used as trade marks: (…) (7) Those that are deceptive and are likely to mislead the public in terms of the quality, place of production or other characteristics of the goods; How does this provision apply when the sign at issue is in a foreign language, e.g., English?

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Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!” claims that successful shows tend to attract like a magnet.

Music 110
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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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July 2022 Roundup of Copyright News

Copyright Alliance

Here is a quick snapshot of several copyright-related activities that occurred during the month of July and a few events to look forward to for the month of August. Copyright […]. The post July 2022 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 104
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What Cannabis Cos. Can Expect If Broadcast Ad Bill Passes

IP Law 360

If it becomes law, a portion of the federal funding bill package that recently passed the House would allow for cannabis ads to be broadcast on local television and radio, creating an entirely new avenue for cannabis advertising that would require businesses to consider states' cannabis-specific statutory prohibitions, consumer protection laws and more, say John Heinbockel and Kenneth Wilton at Seyfarth.

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Legal Protection for the Software Arts — Part 10

JD Supra Law

Finally, other than various state law trespass and common law claims, the most common form of protection for software is a simple contract. Unlike free and open source software, most commercial software products are distributed under license solely in object code form and can be subject to shrinkwrap or clickwrap agreements. Notwithstanding legitimate concerns about whether such agreements are enforceable or an abuse of dominant position, they generally.

Art 98
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Brexit was my toughest challenge, says outgoing UK IP Office head

IAM Magazine

In an exclusive interview, Tim Moss talks through the five years he spent leading the agency and provides an update on its current study of SEP/FRAND policy issues

IP 98
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PTAB Orders Production of Final Infringement Contentions from Related Litigations Because they were Inconsistent with Patent Owner’s Response

JD Supra Law

Petitioners moved for an order requiring Patent Owner to produce discovery comprising Final Infringement Contentions from related district court litigations between the parties. Petitioners set forth two independent bases for requested discovery: (1) the Final Infringement Contentions should be produced as “additional” discovery under 37 C.F.R. § 42.51(b)(2)(i); or (2) the Final Infringement Contentions were required “routine” discovery under 37 C.F.R. § 42.51(b)(1)(iii).

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Patent Grants Declined Broadly in 2021; only 3 of the Top-10 U.S. Recipients were U.S.-based Companies

IP Close Up

Whether it is a quest for quality where “less is more,” diminished U.S. patent reliability or a function of budget cutbacks, leading U.S. companies received significantly fewer Continue reading.

Patent 87
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Compulsory licensing for expensive medicines – new report published in Belgium

JD Supra Law

On 14 June 2022, the Belgian Health Care Knowledge Centre (KCE), a think-tank funded by the Belgian government, published a report on the compulsory licensing of expensive medicinal products (the Report).

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Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)

Technology & Marketing Law Blog

It’s an election year, and like clockwork, legislators around the country want to show they care about protecting kids online. This pre-election frenzy leads performative bills that won’t actually help any kids. Today I’m blogging about one of those bills, California AB 2408 , “Social media platform: child users: addiction.” (For more on how the California legislature is working to eliminate the Internet, see my posts on the pending bills AB587 and AB2273 ).

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Killing Them Easier: USPTO “Reverses” the Federal Circuit on Genericness

JD Supra Law

Generic terms—terms that are primarily understood to be the name of a product or service—cannot be trademarks. For example, one cannot register APPLE as a trademark for (you guessed it) apples. When a trademark becomes generic, the mark falls into the public domain, and anyone can use it.

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Intern Spotlight Series: Gianna Juarez

U.S. Department of Commerce

Intern Spotlight Series: Gianna Juarez. August 2, 2022. ASowah@doc.gov. Tue, 08/02/2022 - 12:06. Gianna Juarez is an intern in the Office of the White House Liaison. In this Q&A, she writes about her experience as a summer intern working for the Department of Commerce. This is the third installment of a seven-part series. Can you share a little bit about yourself and why you chose the U.S.

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CRISPR Technology in the Agricultural Industry: Patent and Regulatory Updates

JD Supra Law

The ability to edit eukaryotic DNA entails an almost limitless ability to alter the genetic makeup of the plants that become our food. Recently, scientific attention has been directed to applying a class of new gene-editing techniques that utilize CRISPR to food crops for the introduction of commercially desirable traits.

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Intern Spotlight Series: Charles Huang

U.S. Department of Commerce

Intern Spotlight Series: Charles Huang. August 2, 2022. ASowah@doc.gov. Tue, 08/02/2022 - 10:34. Charles Huang is an intern in the Office of Policy and Strategic Planning, Office of the Secretary. He shares his experience working at the Department of Commerce this summer in this Q&A. This is the second installment of a seven-part series. Can you share a little bit about yourself and why you chose the U.S.

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Fish & Richardson Named a Top Firm for Patent Prosecution, Patent Litigation, and Trademark by Managing IP

Fish & Richardson Trademark & Copyright Thoughts

Managing IP recently released its 2022 rankings for intellectual property work, recognizing the world’s most prominent firms across a range of practice areas. Fish was ranked as a “Tier 1” firm nationwide in the patent contentious, PTAB litigation, patent prosecution, and trademark contentious categories, an achievement that Fish shares with fewer than 10 other firms in each practice area.

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A data-driven approach to addressing COVID-19 vaccine uptake in Africa

McKinsey Operations

To help improve COVID-19 vaccination rates across Africa, stakeholders may consider improving research efforts to gain a better understanding of barriers and drivers behind population vaccine uptake.

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Zillow's 'Post-Hoc' IP Breach Defense Meritless, 9th Circ. Told

IP Law 360

A real estate photo company urged the Ninth Circuit to uphold its finding that Zillow infringed thousands of copyrighted pictures, accusing it of trying to avoid liability by making "untimely and substantively baseless" claims that the images should have been registered before filing suit.

IP 75
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Copyright Office Tells Tillis Deferred Copyright Examination Will Not Achieve Cost Reductions

IP Watchdog

On August 1, the U.S. Copyright Office sent a report addressed to Senator Thom Tillis (R-NC) detailing the results of the agency’s study into the feasibility of a deferred registration examination (DRE) option for copyright applicants seeking registration under U.S. law. While the Office recognized the genuine concerns of those seeking the creation of such an option, the report issued by Register of Copyrights Shira Perlmutter concluded that alternative approaches for addressing those issues wo

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J&J Should Get $18M For 'Horrific' Counterfeits, Judge Says

IP Law 360

Calling the case "an extreme outlier in the anticounterfeiting case law" with a "horrific" human cost, a Florida magistrate judge on Monday recommended awarding a Johnson & Johnson unit a default trademark judgment totaling $18 million against companies that sold counterfeit surgical products.

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What is One-Piece Flow?

Christopher Roser

In my last post I went into detail on the concept and philosophy of flow. This post goes deeper and looks at one-piece flow. If you are working in manufacturing, you surely must have heard the term one-piece flow. However, despite it being ubiquitous, I find that this is still often not very well understood. Read more. The post What is One-Piece Flow?

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AMC, Sony Accused Of Smearing Tax Biz In 'Better Call Saul'

IP Law 360

Liberty Tax Service accused AMC Networks and Sony of trademark infringement and defamation in New York federal court, saying they disparaged the chain by depicting a similar business that stole customers' cash in the hit show "Better Call Saul.

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Smart fluid hydraulics: Preparing for the imminent revolution in the fluid systems industry

McKinsey Operations

Smart pumps may help companies in process industries achieve two of their main goals: optimizing energy efficiency and reducing emissions.

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China: Metaverse and Chinese Trademark Filings

IP Tech Blog

The Metaverse trademark hype is on. Companies are increasingly focusing their attention on developing Metaverses, and big brands are entering the Metaverse through gaming, social networks and virtual commerce. They need to also secure the appropriate IP rights to protect their brands in this emerging new virtual market place. Fashion brands are thus filing trademark applications in the US and the EU to secure protection for the digital projection of their shoes and accessories.

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TTABlog Test: Are Battery Monitors Related to Fault Diagnosis Instruments?

The TTABlog

The USPTO refused to register the mark MBBM for "battery monitors" on the ground of likelihood of confusion with the registered mark MBBM-VAS for, inter alia , "apparatus and instruments for conducting, switching, transforming, accumulating, voltage regulating, and controlling electric signals and electricity. in the fields of development, quality control and fault diagnosis, but not in the field of factory equipment.

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Cartel Intel: Interview with Ashley Brickles, Senior Managing Director at FTI Consulting

Herbert Smith Freehills

As part of our quarterly Cartel Intel series, Herbert Smith Freehills' Brussels partner Daniel Vowden sat down with Ashley Brickles, (Senior Managing Director at FTI Consulting) to discuss the latest EMEA cartel developments. The cartel crackdown continues across EMEA, with levels of enforcement exceeding those witnessed immediately before the COVID-19 pandemic.

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Prosecution Pointer 340

LexBlog IP

WIPO provides a chart summarizing whether respective offices accept requests for the restoration of the right of priority. A link can be found here to this summary. Read more.

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Assignment of Trademark

Biswajit Sarkar Copyright Blog

Assignment has been defined in Section 2(1)(b) of the Trademarks Act, 1999. According to this section, an assignment has to be in writing and has to be executed by both the assignor and assignee. The assignor or the registered proprietor can assign the trademark for consideration under section 37 of the Act. When does an assignment occur? An assignment occurs when the ownership of the trademark is transferred from the assignor to the assignee along with or without the goodwill of the business.