Mon.Jun 12, 2023

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What to do if you received USPTO “Notice of Data Security Incident” regarding your trademark filing

Erik K Pelton

On Friday, the USPTO sent out a notice to many trademark owners who’s email address were “recently identified a data security incident that impacted domicile information in certain trademark filings between February 2020 and March 2023.” This incident is quite concerning, as the USPTO has maintained for several years that the applicant email address (when an application is filed using an attorney) would be hidden from all publicly accessible records.

Trademark 147
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TV Show Release Group CAKES Quits The Scene & Shuts Down

TorrentFreak

For several decades, The Scene has been a key source for pirated content that’s made available on the Internet. Technically, release groups operate in a closed ecosystem, but the reality is different. The vast majority of the files published on private Scene servers eventually find their way to public pirate sites. The secretive nature of The Scene has been a major challenge for law enforcement but in the summer of 2020, the US Department of Justice made a major breakthrough.

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Trending Sources

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Prioritized Examination: Why Filing a Track One Application Makes Sense

IP Watchdog

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S. utility or plant patent that would be otherwise unattainable.

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No Trial Today or Ever: YouTube Content ID Lawsuit Dismissed at 11th Hour

TorrentFreak

According to the original complaint filed July 2, 2020, this was a case about “copyright piracy” and how YouTube, the largest video-sharing website in the world, plays host to huge numbers of videos infringing on the rights of copyright holders. It was a case about how YouTube facilitates and induces a “hotbed of copyright infringement” through its development and implementation of a copyright enforcement system called Content ID, a system that protects powerful copyright

Copyright 127
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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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CAFC Affirms Google’s PTAB Invalidation of Voice Recognition Patent Claims

IP Watchdog

Parus Holdings, Inc. was unsuccessful today in its bid to the U.S. Court of Appeals for the Federal Circuit (CAFC) to reverse two Patent Trial and Appeal Board (PTAB) decisions invalidating its patent claims for voice recognition technology. The CAFC in part said in a precedential decision authored by Judge Lourie that since Parus violated the U.S. Patent and Trademark Office’s (USPTO’s) regulation against arguments incorporated by reference, the PTAB did not have to consider evidence related to

Patent 110
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Tomato Troubles: NatureSweet Files Third Lawsuit Against Angel Sweet Over Product Packaging

JD Supra Law

NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress infringement of its CHERUBS tomatoes packaging under federal and state law.

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Parody under the Copyright Law

IP and Legal Filings

Introduction The word ‘parody’ refers to work that uses humor as a means to critique, ridicule, or expose the flaws in existing work. A parody, by its nature, requires the audience to recognize the original work, and the way the work is critiqued or ridiculed. For this reason, a parody is argued to be dependent upon and is said to borrow from the existing work.

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Providing a Detailed Explanation of the Evidence

Patently-O

by Dennis Crouch The decision in Parus Holdings, Inc. v. Google LLC , — F.4th — (Fed. Cir. 2023), underscores the importance of adhering to the PTAB procedural requirements, particularly the prohibition against incorporating arguments by reference from one document into another during an IPR, as stipulated in 37 C.F.R. § 42.6(a)(3). The court’s affirmation of the PTAB’s decision not to consider arguments and evidence that violated this rule sends a clear message to future

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IP Management in Food Industries

IP and Legal Filings

Introduction The food industry has grown to be the largest industry in the world thanks to its extensive engagement in and influence on a number of industries, including farming, agriculture, production, packaging, distribution, retail, and catering. It should come as no surprise that it has also grown to be one of the most competitive sectors, with thousands of companies striving to outwit one another to get an advantage over their competitors.

IP 78
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Artist Scores Win in Banana Wall Art Copyright Suit

IP Law 360

A Florida federal judge has given an artist who created a viral installation of a banana taped on a wall a quick win in a suit claiming he plagiarized another piece of fruit-themed artwork, finding that the features in the artwork are not close enough to classify it as a copy.

Artwork 75
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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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Supreme Court Ruling in “Bad Spaniels” Case a Relief for Brand Owners

JD Supra Law

Brand owners are hailing as a win the US Supreme Court’s decision rendered on June 8, 2023, in the closely watched Jack Daniel's Properties Inc. v. VIP Products LLC case. The dispute involved a dog toy made to mimic the Jack Daniel's liquor bottle, which replaced various branding and trade dress elements with references to dogs. In the course of litigation, VIP conceded that it used the “Bad Spaniels” trademark and trade dress as source identifiers, as it had done with other, similar “parody”.

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Ga. Legal Marketing Biz Says Law Firm Stole Confidential Info

IP Law 360

A Georgia legal marketing company has accused an Arkansas law firm and its marketing wing of stealing and profiting off its trade secrets, including a valuable database of client leads for mass torts over talcum powder and heartburn medication.

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Trade Secrets and Generative AI: Protective Measures In an Evolving Technological Landscape

JD Supra Law

In Short - The Background: In recent months, artificial intelligence ("AI") platforms have taken the world by storm, introducing new, powerful tools for generating original and useful content based on training data and user prompts.

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Ex-Beach Boy Guitarist Asks 9th Circ. To Revive Royalty Fight

IP Law 360

Former Beach Boys guitarist David Marks urged the Ninth Circuit Monday to revive his proposed class action alleging Universal Music Group's subsidiary secretly pocketed an unfair cut of legacy artists' foreign streaming royalties, arguing the label is obligated to pay royalties and UMG's claim its payments are voluntarily is "nonsensical.

Music 74
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US Patent & Trademark Office Expands Climate Change Mitigation Pilot Program

JD Supra Law

The Climate Change Mitigation Pilot Program offers an opportunity for companies in the climate space to cheaply expedite the examination of US patent applications. The grant of a US patent provides a strong signal to investors and competitors about the strength of your IP position. A granted US patent can also often lead directly to the issuance of patents in other countries, particularly those who are members of the Patent Prosecution Highway (PPH) program, or those who do not perform their.

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Google, Composer End Copyright Row On Eve Of Trial

IP Law 360

A Grammy-winning composer who recently lost her class certification bid for copyright infringement claims against YouTube and its parent company, Google, has agreed to drop her individual claims against the companies on the eve of their Monday trial in California federal court.

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SkinGourmet: Ghana’s Edible Skincare Revolution

WIPO Magazine

In 2014, Ghanaian entrepreneur Violet Amoabeng began her all-natural skincare line, Skin Gourmet, which uses locally sourced ingredients that are so pure they’re edible. Amoabeng discusses the role IP plays in her business and outlines her impact-driven entrepreneurial vision.

IP 52
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

IP Law 360

As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

Law 66
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This Week in Washington IP: Incentivizing Climate-Related Innovation, Automation’s Impact on Innovation and Labor, and the Geopolitical Battle over Global Technological Standards

IP Watchdog

This week in Washington IP news, the IP5 are gathering in Hawaii to discuss how the world’s five largest IP offices are incentivizing innovations that address climate change. Elsewhere, the Hudson Institute is hosting a panel discussion that will look at how geopolitical struggles over technological standards could play out.

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Product-by-Process Claims Circumvent Petitioner’s Inherency Argument

LexBlog IP

In Restem, LLC v. Jadi Cell, LLC , IPR2021-01535, Paper 42 (P.T.A.B. April 18, 2023), the Patent Trial and Appeal Board (“Board”) issued a final written decision finding no challenged claims were shown to be unpatentable because the petitioner failed to demonstrate anticipation or obviousness by inherency. Please see the full post on Finnegan’s At the PTAB blog.

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Prioritized Examination: Why Filing a Track One Application Makes Sense

IP Watchdog

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S. utility or plant patent that would be otherwise unattainable.

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SCOTUS Rules in Favor of Jack Daniel’s

LexBlog IP

A few months back, I wrote about the U.S. Supreme Court’s decision to engage in some “whiskey business.” Now, after hearing Jack Daniels’s appeal, SCOTUS has ruled in favor of the whiskey brand by holding that trademark infringement is not precluded solely because the alleged infringement contains a comedic message. The Court found that VIP Products’ Bad Spaniels logo served as a trademark with source-identification functions and not merely as a parody mark, meaning

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CAFC Affirms Google’s PTAB Invalidation of Voice Recognition Patent Claims

IP Watchdog

Parus Holdings, Inc. was unsuccessful today in its bid to the U.S. Court of Appeals for the Federal Circuit (CAFC) to reverse two Patent Trial and Appeal Board (PTAB) decisions invalidating its patent claims for voice recognition technology. The CAFC in part said in a precedential decision authored by Judge Lourie that since Parus violated the U.S. Patent and Trademark Office’s (USPTO’s) regulation against arguments incorporated by reference, the PTAB did not have to consider evidence related to

Patent 52
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Gilstrap Wants Bench Trial After $6.6M Tire Pressure IP Verdict

IP Law 360

A day after a Texas jury issued a $6.6 million verdict against Autel Intelligent Technology Corp. Ltd. for infringing Orange Electronic Co. Ltd.'s tire pressure monitoring patent, U.S. District Judge Rodney Gilstrap ordered additional briefing Friday and a bench trial for July to probe certain evidence presented during the trial.

IP 52
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This Week in Washington IP: Incentivizing Climate-Related Innovation, Automation’s Impact on Innovation and Labor, and the Geopolitical Battle over Global Technological Standards

IP Watchdog

This week in Washington IP news, the IP5 are gathering in Hawaii to discuss how the world’s five largest IP offices are incentivizing innovations that address climate change. Elsewhere, the Hudson Institute is hosting a panel discussion that will look at how geopolitical struggles over technological standards could play out.

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SCOTUS Rules in Favor of Jack Daniel’s

Above the Fold

A few months back, I wrote about the U.S. Supreme Court’s decision to engage in some “whiskey business.” Now, after hearing Jack Daniels’s appeal, SCOTUS has ruled in favor of the whiskey brand by holding that trademark infringement is not precluded solely because the alleged infringement contains a comedic message. The Court found that VIP Products’ Bad Spaniels logo served as a trademark with source-identification functions and not merely as a parody mark, meaning that the mark must be examine

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Prioritized Examination: Why Filing a Track One Application Makes Sense

IP Watchdog

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S. utility or plant patent that would be otherwise unattainable.

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Intellectual Property is Integral to AI Regulation, and Getting it Wrong Will Hand More Power to Big Tech

LexBlog IP

Governments around the world are considering how they can – and should – regulate the development and deployment of increasingly powerful and disruptive artificial intelligence (AI) technologies. Australia is no exception. On 1 June 2023, the Australian government announced the release of two papers intended to help ‘ensure the growth of artificial intelligence technologies (AI) in Australia is safe and responsible’ The first of these is the Rapid Response Report: Generat

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CAFC Affirms Google’s PTAB Invalidation of Voice Recognition Patent Claims

IP Watchdog

Parus Holdings, Inc. was unsuccessful today in its bid to the U.S. Court of Appeals for the Federal Circuit (CAFC) to reverse two Patent Trial and Appeal Board (PTAB) decisions invalidating its patent claims for voice recognition technology. The CAFC in part said in a precedential decision authored by Judge Lourie that since Parus violated the U.S. Patent and Trademark Office’s (USPTO’s) regulation against arguments incorporated by reference, the PTAB did not have to consider evidence related to

Patent 52
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Podcast: NFTs and the Future of Digital Brands

LexBlog IP

Guests Jerry Ferguson and Scott Kominers discuss NFTs and how they can create opportunities for brands in the marketplace with the help of some Really Awesome Raccoons. Questions and comments: gferguson@bakerlaw.com. Listen to the full episode.

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This Week in Washington IP: Incentivizing Climate-Related Innovation, Automation’s Impact on Innovation and Labor, and the Geopolitical Battle over Global Technological Standards

IP Watchdog

This week in Washington IP news, the IP5 are gathering in Hawaii to discuss how the world’s five largest IP offices are incentivizing innovations that address climate change. Elsewhere, the Hudson Institute is hosting a panel discussion that will look at how geopolitical struggles over technological standards could play out.

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Podcast: NFTs and the Future of Digital Brands

IP Intelligence

Guests Jerry Ferguson and Scott Kominers discuss NFTs and how they can create opportunities for brands in the marketplace with the help of some Really Awesome Raccoons. Questions and comments: gferguson@bakerlaw.com. Listen to the full episode.

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Prioritized Examination: Why Filing a Track One Application Makes Sense

IP Watchdog

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S. utility or plant patent that would be otherwise unattainable.

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USPTO Program on Relationship between IP and Climate Change Innovation

JD Supra Law

The U.S. Patent and Trademark Office will be offering program entitled "Sustainable Innovation Dialogue: Exploring the Relationship between IP and Climate Change Innovation" on June 13, 2023 from 8:30 am to 12:30 pm Hawaii Time at the Waikiki Beach Marriott Resort & Spa in Honolulu, HI.

IP 52
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CAFC Affirms Google’s PTAB Invalidation of Voice Recognition Patent Claims

IP Watchdog

Parus Holdings, Inc. was unsuccessful today in its bid to the U.S. Court of Appeals for the Federal Circuit (CAFC) to reverse two Patent Trial and Appeal Board (PTAB) decisions invalidating its patent claims for voice recognition technology. The CAFC in part said in a precedential decision authored by Judge Lourie that since Parus violated the U.S. Patent and Trademark Office’s (USPTO’s) regulation against arguments incorporated by reference, the PTAB did not have to consider evidence related to

Patent 52