The IPKat

FEBRUARY 3, 2023

Ready to mine. As it was explained in the Impact Assessment accompanying the Commission’s Proposal for what would eventually become and be adopted by the Parliament and the Council as the DSM Directive [Katposts here ] , text and data mining (TDM) is a term commonly used to describe the automated processing ("machine reading") of large volumes of text and data to uncover new knowledge or insights.

Government 141

Government Related Rights Copyright Law 141

McKinsey Operations

FEBRUARY 3, 2023

Businesses risk billions if Black professionals continue to be underrepresented in tech jobs. Closing the gap means making changes to education, recruiting, and retention initiatives.

Business 139

Business 139

Patently-O

FEBRUARY 3, 2023

by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment.

Registration 128

Registration Trademark Social Media Music 128

McKinsey Operations

FEBRUARY 3, 2023

In this podcast, three McKinsey partners and leaders of the Insurance Practice discuss the themes that will define Asian insurance in 2023 and beyond.

Marketing 116

Marketing Marketing 116

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?

Technology

Michael Geist

FEBRUARY 3, 2023

Bill C-11 entered what may be its final phase yesterday with a near split screen: at the Prime Time conference held at the Westin Hotel in Ottawa was Heritage Minister Pablo Rodriguez telling an industry audience that he would reject any Senate amendments that have an impact, stating “there are amendments that have zero impact on the bill and other that may have some and we will not accept them.

Government 99

Government Music 99

JD Supra Law

FEBRUARY 3, 2023

Bringing a medical device to market relies on a broad understanding of IP, explain Sabing Lee and Kregg Koch of Knobbe Martens. The medical device industry is driven by innovation, where great ideas are developed into successful businesses and products to improve patient care and outcomes. As patent attorneys, we witness many different pathways to innovation and guide IP strategies for innovators of all types.

IP 98

IP Marketing Marketing Business 98

JD Supra Law

FEBRUARY 3, 2023

Case Name: Pharmacyclics LLC v. Alvogen, Inc., No. 2021-2270, 2022 WL 16943006 (Fed. Cir. Nov. 15, 2022) (Circuit Judges Chen, Bryson, and Hughes presiding; Opinion by Bryson, J.) (Appeal from D. Del., Connolly, J.).

98

98

TorrentFreak

FEBRUARY 3, 2023

YouTube’s terms and service prohibit users from downloading audio and video, but there are numerous ‘stream-ripping’ sites available on the web that do just that. These services are a thorn in the side of recording labels which consider them a major piracy threat. Some operators of these stream-ripping tools disagree, pointing at the variety of legal use cases instead.

Copying 89

Copying Technology Music Copyright 89

IPilogue

FEBRUARY 3, 2023

Prof. Carys Craig is the Director of IP Osgoode, Editor-in-Chief of the Osgoode Hall Law Journal, Academic Director of the Osgoode Professional LL.M Program in Intellectual Property, and an Associate Professor at Osgoode Hall Law School. I am delighted to be writing my first IPilogue post as incoming Director of IP Osgoode! I would like to begin by thanking the whole IP Osgoode team, community, and partners for their warm welcome.

IP 81

IP Intellectual Property Law Intellectual Property Journalism 81

IP Law 360

FEBRUARY 3, 2023

Denver Public Schools has agreed to settle a federal lawsuit in Colorado filed by current and former high school students who were fighting the school district's attempt to register a trademark for a social justice podcast they created in 2020 called "KNOW JUSTICE KNOW PEACE.

Trademark 75

Trademark 75

Advertiser: IPO

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.

Patent

Patently-O

FEBRUARY 3, 2023

by Dennis Crouch The Supreme Court will be handling some significant cases over the next few months that may have a major impact for folks working in IP & Tech fields. The following is brief list sorted by the date of oral arguments. Feb 21 – Gonzales v. Google (Does the safe harbor of CDA Section 230 shield Google from liability for encouraging users to view offending videos).

IP 69

IP Fair Use Trademark Law Litigation 69

IP Law 360

FEBRUARY 3, 2023

The past week in London has seen the Financial Conduct Authority hoping to put care home Ponzi schemes to bed in separate claims against Lupton Fawcett, a law firm in Leeds, and a social care group, MBi; oil giant Shell in a sticky situation in a claim over pollution in two Nigerian communities; and Plexus Law's former boss suing the personal injury firm in a commercial contracts claim.

Litigation 75

Litigation Contracts Law 75

Art Law Journal

FEBRUARY 3, 2023

Are you using AI like Dall-e or ChatGPT to create content? Find out how copyright law applies to content created through generative AI.

Copyright 78

Copyright Copyright Law Law Public Domain 78

IP Law 360

FEBRUARY 3, 2023

A California federal judge has thrown out claims against two distributors alleged to have been part of a nationwide conspiracy to sell counterfeit versions of AK Futures LLC's Cake-branded delta-8 THC vape products, saying the court does not have jurisdiction over the companies.

Branding 75

Branding Brands Branding 75

McKinsey Operations

FEBRUARY 3, 2023

Realizing it can no longer be ‘business as usual’, industry chiefs need to transform themselves and their organizations to succeed.

Business 77

Business 77

IP Law 360

FEBRUARY 3, 2023

A British nanotechnology company said Friday it landed $150 million from its litigation-funded patent infringement lawsuits against Samsung that ended in a settlement last month, just as jury selection was set to kick off in one of the cases in Marshall, Texas.

Litigation 75

Litigation Settlement Patent Patent Infringement 75

McKinsey Operations

FEBRUARY 3, 2023

As climate change impact becomes increasingly apparent, the adoption of decarbonization commitments is accelerating. Companies are acting rapidly and decisively to reduce greenhouse-gas emissions and neutralize residual emissions.

70

70

IP Law 360

FEBRUARY 3, 2023

Rimini Street Inc. urged an Illinois federal judge to reject an excess insurer's bid to indefinitely stay the software company's suit seeking coverage for its copyright infringement battle with Oracle, saying the carrier's motion is in "open defiance" of a prior court order.

Copyright Infringement 75

Copyright Infringement Copyright 75

Corsearch

FEBRUARY 3, 2023

Corsearch’s latest white paper shows that a disproportionate number of websites that offer counterfeit products and pirated content use Cloudflare’s Content Delivery services (CDN). Read our key findings, recommendations, and further insights and tips from the paper’s authors. What is a CDN? A content delivery network or content distribution network (CDN) is defined by Amazon as a “network of interconnected servers that speeds up webpage loading for data-heavy applications” [1].

Social Media 52

Social Media Branding Brands Branding 52

IP Law 360

FEBRUARY 3, 2023

Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

Litigation 75

Litigation 75

JD Supra Law

FEBRUARY 3, 2023

The Supreme Court will bring finality to several IP disputes this year. Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging IP Trademark Copyright 52

IP Law 360

FEBRUARY 3, 2023

Taylor Swift says a $1 million copyright suit alleging that a book accompanying her 2019 album "Lover" rips off the look of a 2010 poetry publication "never should have been filed," arguing in Tennessee federal court on Friday that the supposed infringing elements are generic, and the books don't look similar.

Copyright 75

Copyright 75

LexBlog IP

FEBRUARY 3, 2023

The Supreme Court will bring finality to several IP disputes this year. Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog. Josh wrote about these cases on The IP Law Blog here. Listen to this podcast episode here.

Blogging 52

Blogging IP Law Trademark 52

The IP Law Blog

FEBRUARY 3, 2023

The Supreme Court will bring finality to several IP disputes this year. Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog. Josh wrote about these cases on The IP Law Blog here. Listen to this podcast episode here.

Blogging 52

Blogging IP Law Trademark 52

LexBlog IP

FEBRUARY 3, 2023

As we take time to honor Black History Month and the countless contributions of African American leaders in law, we must first give nod to Ada Lois Sipuel Fisher. A native Oklahoman, Ms. Fisher was a leading activist, attorney and educator who fought to become the first African American student admitted to the Oklahoma University College of Law in 1949.

Higher Education 52

Higher Education Law Contracts Copying 52

Olartemoure Blog

FEBRUARY 3, 2023

On January 24, the U.S. Department of Justice, along with 8 US states, sued Google for allegedly abusing its dominant position in digital advertising. The purpose of the lawsuit is to order Google to get rid of “Google Ad Manager” and to suspend the commission of anti-competitive practices such as: reducing competition; increasing advertising costs; reducing website profits; and blocking innovation.

Advertising 52

Advertising Advertising Intellectual Property Marketing 52

LexBlog IP

FEBRUARY 3, 2023

We have written previously on this blog warning of misleading solicitations. For years, scammers have impersonated the United States Patent and Trademark Office (USPTO) in mailings, seeking payments from trademark owners for nonexistent services, such as trademark renewals. This week, the USPTO warned of a new scheme targeting trademark owners. The USPTO put out an alert that scammers have recently started calling trademark customers and impersonating USPTO employees.

Trademark 52

Trademark Blogging Licensing Law 52

Olartemoure Blog

FEBRUARY 3, 2023

The European Data Protection Board has updated the Guidelines on consent, focusing especially on granted consent through notices and use of cookies. For example, including provisions on pre-ticked consent boxes, opt-out buttons, improper sorting, among others. Although these Guidelines are not legally binding and do not generate sanctions for non-compliance, it should be noted that they include good practices that regulatory authorities may consider in terms of personal data protection complianc

Intellectual Property 52

Intellectual Property Privacy 52

JD Supra Law

FEBRUARY 3, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on NPE litigation as a whole, and what to expect in 2023.

Litigation 52

Litigation Patent Troll Patent 52

Olartemoure Blog

FEBRUARY 3, 2023

On January 26, Colombia’s Food and Drug Authority (Invima) issued a statement with clarifications to the label depletion procedure in accordance with resolution 2492 of 2022 and emphasizes the following dates to be considered by the business community: February 28, 2023: Deadline for filing applications to obtain authorization to deplete prior labels.

Intellectual Property 52

Intellectual Property Marketing Marketing Business 52

JD Supra Law

FEBRUARY 3, 2023

The trademark system in China follows the first-to-file rule. As long as the application meets the statutory application requirements, trademark registration can be obtained, resulting in a large number of bad faith preemptive registrations, hoarding of trademarks and trademark right enforcement in bad faith for profit.

Trademark 52

Trademark Registration 52

Olartemoure Blog

FEBRUARY 3, 2023

In order to harmonize the Spanish trademark system with that of the European Union and to speed up trademark procedures, on January 14, 2023, the last amendment contained in the reform of the Spanish Trademark Law (Law 17/2001) and its Royal Implementing Regulations (Royal Decree 687/2002), related to the nullity and revocation procedures of Spanish trademarks, came into force.

Trademark Law 52

Trademark Law Trademark Law Intellectual Property 52

JD Supra Law

FEBRUARY 3, 2023

Tattoo artist Catherine Alexander (“Alexander”) filed a lawsuit against World Wrestling Entertainment Inc. (“WWE”) and video game maker Take-Two Interactive Software Inc. (“Take-Two”) claiming they violated her intellectual property rights by reproducing her tattoo designs on the digital avatar of wrestling star Randy Orton in a series of released WWE 2K wrestling video games.

Intellectual Property 52

Intellectual Property Designs Design 52

Likelihood of Confusion

FEBRUARY 3, 2023

I subbed for a more important lawyer on a panel for the American Intellectual Property Association Spring Meeting in New York today (May 7, 2010). This is an outfit I. The post Where nobody knows your name appeared first on LIKELIHOOD OF CONFUSION™.

Intellectual Property 52

Intellectual Property Trademark Law Trademark Law 52

IP Law 360

FEBRUARY 3, 2023

The EU Court of Justice's recent ruling on Amazon's liability for trademark infringement in relation to fake Christian Louboutin shoes advertised by third parties on its website may leave web platforms that sell third-party vendors' products alongside their own brands more vulnerable to infringement claims, says Helen Reddish at Travers Smith.

Advertising 52

Advertising Advertising Branding Brands 52