Fri.Oct 13, 2023

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Regulations Alone Can’t Fix Bill C-18: Why News Media Canada’s “Surrender” May Not Be Enough to Stop Google From Blocking News Links in Canada

Michael Geist

After months of urging Heritage Ministers Pascale St-Onge and Pablo Rodriguez to stand up to Google and Meta’s response to Bill C-18, News Media Canada – the lead lobbyist for the legislation – appears to have waved the surrender flag as it is now urging the government to accommodate Google’s concerns with draft regulations. The shift in approach unquestionably marks a retreat for the group, which literally drafted a version of the bill for the government and wielded the power of maj

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[Audio] Podcast - The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods

JD Supra Law

Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.

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Other Barks & Bites for Friday, October 13: Caltech and Apple End Patent Infringement with Dismissal; Google Plans to Take Responsibility for Copyright Infringement Cases Caused by Generative AI; Draft Text of NO FAKES Bill Released

IP Watchdog

This week in Other Barks & Bites: U.K. politicians warn of widespread copyright infringement on NFT marketplaces; Google announces it will assume legal responsibility to offer customers protection from copyright disputes caused by the tech firm’s generative AI; Caltech and Apple jointly file a request to dismiss the patent infringement lawsuit between the two.

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Pirate Sites Exploit ‘Interplanetary File System’ Gateways, Publishers Warn

TorrentFreak

The InterPlanetary File System, more broadly known as IPFS , has been around for the past eight years. While the name may sound otherworldly to the public at large, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. The system makes websites censorship resistant and not vulnerable to regular hosting outages.

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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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Kirkland's Jim Hurst Returns After Stint Away From Law

IP Law 360

Prominent Kirkland & Ellis LLP trial lawyer Jim Hurst is back at the firm, just months after announcing that he was leaving the practice of law, according to the firm's website and court filings.

Law 98
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U.S. District of Arizona: “No automatic injunction upon a finding of copyright infringement”

Likelihood of Confusion

Not that the plaintiffs in the Designer Skin case didn’t get an injunction: They did (here it is); a narrow one utilizing proposed language by defendants explicitly permitting S&L to. The post U.S. District of Arizona: “No automatic injunction upon a finding of copyright infringement” appeared first on LIKELIHOOD OF CONFUSION™.

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Advising Pirates to Use VPNs is “Positive News” Says Piracy Blocking Chief

TorrentFreak

When Italy passed new law on July 14, authorizing widespread internet blocking and harsher punishments for pirates who supply or even consume illegal streams, football clubs and broadcasters breathed a sigh of relief. Strong proponents of the law believe that Italy’s ‘ Piracy Shield ‘ blocking system will be a game changer when it arrives.

IP 91
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New York Governor Signs Law Limiting Employment Clauses for Assignment of Employee Inventions

JD Supra Law

A recently enacted New York State law that took effect immediately restricts employers’ use of employment agreements which require that employees assign to their employer rights to inventions that were created by the employee on his/her own time and without the use of the employer’s resources.

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Does Social Media Make Leadership Impossible?

The Illusion of More

There is a quote attributed to French revolutionary Alexandre Ledru-Rollin, which says, “There go my people. I must find out where they are going so I can lead them.” The irony may be cited to describe the state of political leadership in the U.S. these days; and after my own party botched the budget/Speaker crisis […] The post Does Social Media Make Leadership Impossible?

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SEP Licensors and Licensees Become Increasingly Fragmented

JD Supra Law

In a report by IPlytics, published today, they have confirmed what most in the business already presumed: that ownership of 5G standard essential patents (SEPs) is becoming increasingly fragmented. That means, as each patent holder seeks to collect royalties on its portion of the total 5G "pie," its slice is going to be cut thinner and thinner.

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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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What is the standard for preliminary injunctions before the UPC?

The IPKat

The AmeriKat may not be the first before the UPC, but she is first for big eyes and cute smiles The AmeriKat has been enjoying the almost constant stream of Unified Patent Court (UPC) posts on LinkedIn. After the self-proclaimed heralds of being "the first" to do something in the UPC died down, more substantive content began to filter to the top as cases began their early hearings and the UPC started issuing decisions.

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New York Narrows the Scope of Employee “Invention Assignment” Provisions

JD Supra Law

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions created on the employee’s own time and without the use of employer resources or trade secrets. Such assignments are now considered void as against public policy.

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Chicago Law Firm Sues Over Online Atty Impersonation

IP Law 360

Intellectual property law firm Greer, Burns & Crain LTD filed a trademark infringement complaint claiming an unknown defendant has been using a nearly identical website domain name to impersonate its attorneys and request the release of court-ordered asset restraints in cases in which they're involved in Illinois federal court.

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Inside, Outside, USA: Key Developments on the Boundaries of Injunctive Relief in Trademark Disputes - Katten Kattwalk | Issue 26

JD Supra Law

Does federal trademark law reach conduct outside of the United States? The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., which prompted us to revisit a related issue we explored in the fall 2016 edition of The Katten Kattwalk.

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Chicago Bears Rookie Must Arbitrate NIL Suit, Investors Say

IP Law 360

Investment group Big League Advance Fund on Friday urged a Florida federal judge to send Chicago Bears rookie Gervon Dexter's name, image and likeness suit to arbitration, arguing an agreement he signed with the group while playing at the University of Florida clearly states any and all disputes must be resolved in that forum.

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Threats From a Copyright Troll? Here’s What to Do

JD Supra Law

It’s a common scenario – you receive a threatening letter, alleging that you have infringed on a third-party’s copyrighted images and demanding you pay a certain amount in order to settle the claim. This undoubtedly raises a number of questions: Is this legitimate or a scam? Should you respond or ignore the letter? Should you pay or fight back?

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Friday Fancies

The IPKat

The IPKat getting into the Autumn mood As the autumn/fall finally emerges in the UK , the IPKat has several news items and opportunities that may interest our dear readers. EPO soften priority rules in G1/22 and G2/22 This week, the Enlarged Board of Appeal (EBA) of the European Patent Office softened its rules on priority with the effect that it is now more likely that a priority claim will be valid even if there is a different applicant for the EPO application than for the priority application

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Cloaked in Secrecy: Can Secrecy Orders Shield Alien Innovations?

JD Supra Law

In a recent post, we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day? Or might there be a more clandestine approach, a proverbial cloak of invisibility wielded by the men in black?

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The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods

The IP Law Blog

Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub Youtube channel or stream this podcast episode here.

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Federal Circuit Continues to Strike Down Patents as Abstract Ideas

JD Supra Law

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023) 2023 U.S. App. LEXIS 19857.

Patent 65
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CAFC Says Invalidity Ruling Based on Vacated Collateral Estoppel Decision Can’t Stand

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on Friday vacating-in-part a district court decision that granted SonicWall, Inc. summary judgment of invalidity based on a collateral estoppel decision that the CAFC had since vacated. Judge Bryson concurred in part and dissented in part, disagreeing with the majority’s analysis affirming the district court’s grant of summary judgment of noninfringement as to the claims of certain patents.

Patent 59
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Commitment to innovation

Olartemoure Blog

Recently, the Ministry of Science, Technology, and Innovation has announced the approval by the Superior Council of Fiscal Policy (Confis) of a significant measure in favor of research, technological development, and innovation in the country. This significant step involves a budget allocation of 2.5 trillion pesos, marking a milestone as the largest commitment of resources for science, technology, and innovation in 2023.

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The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods

LexBlog IP

Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub Youtube channel or stream this podcast episode here.

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Controversial legislative proposal

Olartemoure Blog

Audiovisual producers in Uruguay are facing a controversial legislative initiative that aims to prohibit them from authorizing and collecting public communication rights for the management of works. This movement has united producers in a joint protest during the third edition of Iberseries & Platino Industria, where they expressed their disagreement with what they consider an arbitrary and unfair proposal.

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The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods

LexBlog IP

Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. Watch this episode on the Weintraub Youtube channel or stream this podcast episode here.

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Criminal mediation in Bogota

Olartemoure Blog

In an effort to streamline legal processes, the Chamber of Commerce of Bogota (CCB) rolled out updated arbitration and mediation rules on October 5, 2023. One major change is the introduction of a new service for mediating criminal cases. These 2023 rules allow users to address specific criminal issues, such as copyright disputes, data protection matters, and certain economic crimes.

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Loeb & Loeb Seeks Confirmation Of $3.4M Arb. Award

IP Law 360

Multiservice law firm Loeb & Loeb LLP urged a New York federal court Thursday to confirm a more than $3.4 million arbitration award against two former clients that failed to pay the firm after it successfully represented them in various intellectual property litigation.

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Anti-money laundering regulation update

Olartemoure Blog

On October 4th, the Colombian Superintendence of Companies issued External Circular 100-000004, a new regulation aimed at improving Anti-Money Laundering practices. This circular introduced some key changes, including a requirement for Chambers of Commerce and Non-profit Organizations (ESAL) operating in Colombia to establish an Anti-Money Laundering System (SAGRILAFT), report suspicious transactions to the UIAF, and implement Transparency and Business Ethics Programs (PTEE) through Self-Control

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After Beating TM Suit, Union Says Medieval Times Must Pay

IP Law 360

Woe to the conquered, as Medieval Times' unionized employees want their employer to pay nearly $70,000 in attorney fees after vanquishing a "frivolous" trademark lawsuit in New Jersey federal court, claiming the case was clearly "meritless" and was filed only to further a "relentless" union-busting campaign by the dinner theater chain.

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165 Trademark Registrations Issued to Indiana Companies in September 2023

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 165 trademark registrations to persons and businesses in Indiana in September 2023 based on applications filed by Indiana trademark attorneys: Reg. Number Word Mark 7176226 FLYDREAM FEATHERS 7178103 NUTRAMIGEN 7175120 SCRAPS ROOTED IN COMPOST ROOTED IN COMPOST ROOTED IN COMPOST 7175088 SCRAPS ROOTED IN COMPOST 7175083 SCRAPS 7174815 UNBOX WHAT’S POSSIBLE 7174740 FLYDREAMFEATHERS 7174431 MANDUDE 71743

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Navigating CRIs: Insights from the Raytheon Case

Intepat

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. Inventions, as defined under Section 2 if the Act denote “…a new product or process involving an inventive step and capable of industrial application… ”where “inventive step” is marked by any feature which is a technical advancement from the existing knowledge in the domain, where this advancement is non-obvious to a person skilled in the art.

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BREAKING: Allen & Overy, Shearman Partners Sign-Off On Merger

IP Law 360

A partner vote to approve the merger between Allen & Overy LLP and Shearman & Sterling LLP succeeded on Friday, securing more than 99% of the partner vote at each firm to approve the deal that creates a 3,900-lawyer legal giant, according to an announcement from Allen & Overy.

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Hall Leaves ALA, Napack Exits Wiley

Velocity of Content

On Tuesday, Wiley announced that CEO Brian Napack had stepped down. Matthew Kissner becomes interim CEO, effective immediately, according to Andrew Albanese , Publishers Weekly executive editor. “Kissner will oversee a restructuring that Wiley officials detailed earlier this summer,” Albanese says. “At the time, the company announced a plan to streamline the company’s operations to focus on research and learning and, in the process, sell a host of businesses that generated revenues of almos

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[Video] The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods

JD Supra Law

Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing.

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GM Warns Full Fed. Circ. Against Design Patent 'Free-For-All'

IP Law 360

Auto parts company LKQ Corp. is trying to turn a "common sense" approach to reviewing the invalidity of design patents into a "free-for-all" that cannot be endorsed by a federal appeals court, a General Motors unit has argued to the full Federal Circuit.