Tue.May 30, 2023

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What Yoga Has Taught Me About Trademarks

Erik K Pelton

The following is an edited transcript of my video “ 5 Things Yoga Taught Me About Trademarks “ Lately, I’ve been trying to get back into a routine of practicing yoga, at least once a week. I really enjoy practicing yoga – It’s great for your body, mind, and so many different ways. Because I’m such a trademark-focused person, I want to share five things that yoga has taught me about trademarks.

Trademark 130
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3 Count: Blocked Dolphins

Plagiarism Today

TI and Tiny lose copyright case to MGA, Videotron wins key decision in Canada and Nintendo stops emulator from debuting on Steam. The post 3 Count: Blocked Dolphins appeared first on Plagiarism Today.

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Flawless IPTV: Men Behind UK’s Largest Pirate Service Jailed For 30+ Years

TorrentFreak

Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. For many UK football fans, Flawless granted access to the sport they love, at a price they could afford. Others viewed the service quite differently.

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Questioning Conventionality and Redefining Process in Patent Eligibility Law

Patently-O

by Dennis Crouch In CareDx v. Natera , an intriguing amicus brief was recently filed by the Honorable Paul Michel (Ret.) and Professor John Duffy in support of the patentee petitioners Stanford and CareDx. The brief advocates for the clarification of patent-eligibility law, and criticizes the Federal Circuit’s handling of the case. The filing of the brief has seemingly prompted the Supreme Court to request a response from the accused infringers, after they initially waived their right to d

Law 116
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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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Salesforce Reexams Vacated Because It Was Real-Party-in-Interest in RPX IPR

IP Watchdog

One of the most intriguing, and frankly long overdue, reforms the United States Patent and Trademark Office (USPTO) needs to consider is putting an end to the practice of for-profit entities like Unified Patents and RPX filing petitions challenging a patent. This practice has recently been called into question by the USPTO through an Advance Notice of Proposed Rulemaking (ANPRM) published in the Federal Register.

Invention 112
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U.S. Govt Launches Consultation on Future Anti-Piracy Strategies

TorrentFreak

For many years, U.S. lawmakers have considered amending legislation so that today’s online copyright issues can be addressed more effectively. Many proposals have come and gone, without resulting in any significant updates. Calls to change current legislation persist, however. Before any new laws or policies are introduced, the Government typically seeks input from stakeholders.

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Hear Me Out! Assessment of Phonetic Similarity is as Important as that of Visual Similarity: An Assessment of INSEAD v. Fullstack Education

SpicyIP

Image from here [ This post is co-authored with SpicyIP Intern Surima Singh. Surima is a fifth-year student pursuing B.A., LL.B from Christ Academy Institute of Law, Bengaluru. As she describes herself, she developed a keen interest in law and justice from an early stage. Her area of interest lies in Constitutional law and IP laws. ] On May 17, the Delhi High Court revoked Fullstack Education’s (respondent) INSAID mark for being deceptively similar to the Institut Europeen D Administration

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Extend the Deadline: My Submission to the CRTC on its Deeply Flawed Bill C-11 Consultations

Michael Geist

The CRTC’s Bill C-11 consultations are off to a rocky start with mounting concern over short deadlines that may limit public participation and reduce the quality of the submissions. A dozen groups have asked the Commission to extend the deadlines with more groups joining in the call. The deadline for comment on the extension ended yesterday and I navigated an exceptionally difficult consultation process (more on that shortly) to submit the comments posted below.

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The Legal Ramifications of Inventorship: What You Need To Know

JD Supra Law

There is the old adage in business: to go fast, go alone; and to go far, go together. When this applies to innovation and naming co-inventors in your patent application, it is important to understand the legal ramification of inventorship.

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Inauguration of Unified Patent Court held today in Luxembourg

The IPKat

Today, the Unified Patent Court (UPC) began its life in Luxembourg. The UPC will enter into force on 1 June this year. According to the programme available on the official website of the Grand Duchy ( here ), both the President of the Court of Appeal of the UPC and the President of the Court of First Instance of the UPC were in attendance amongst many other distinguished attendees.

Patent 86
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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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Who Owns Social Media Accounts?–In re Bang Energy Drinks

Technology & Marketing Law Blog

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts. (The professional/personal distinction remains hot for politicians using social media–that issue is headed to the Supreme Court).

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Precedential No. 16: TTAB Finds Guitar Shape for Hotel to be Inherently Distinctive

The TTABlog

The Board reversed a refusal to register "trade dress consisting of a three-dimensional building in the shape of a guitar" (shown below), for "casinos" and "hotel, restaurant and bar services," finding the proposed mark to be inherently distinctive. The examining attorney had accepted the Seminole Tribe's alternative claim of acquired distinctiveness under Section 2(f), but the Tribe chose to pursue its claim that the building shape is an inherently distinctive source indicator.

Designs 73
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Real vs. Planned Data in Pull Systems

Christopher Roser

Pull systems like kanban and reorder point are a cornerstone of inventory management and fluctuation reduction in lean manufacturing. The production is managed based on ACTUAL consumption. Theoretically, it is also possible to include expected but not yet actual consumption. In this post, I will explain to you the concept behind it and why I. Read more The post Real vs.

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Ex-Copyright Office GCs At Odds On AI Ingestion As Fair Use

IP Law 360

The former general counsel of the U.S. Copyright Office has penned a letter to the House Judiciary's intellectual property subcommittee taking aim at comments made by another former general counsel of the office at a hearing on the impact of artificial intelligence on copyright law.

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'GRUR meets Brussels' conference returns. and brings 30% discount for IPKat readers

The IPKat

Belgian waffle Kat The IPKat is pleased to inform readers that the 'GRUR meets Brussels' conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ( s.vonlingen@grur.org ) and use "IPKAT" in the subject-line. Let's here more about the conference programme from Henning Hartwig (Bardehle Pagenberg): In 2019, before the pandemic stopped activities, the German Association for

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Ahead Of Rematch, Cisco Rips Startup's Cybersecurity Tech

IP Law 360

Cisco has told a Virginia federal judge that a small cybersecurity startup "turned to patent litigation as its main revenue source" after repeatedly failing to secure outside investors, the latest development in the Silicon Valley giant's battle against a "rhetorically clever, but legally flawed" patent case.

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U.S. Trade Representative Releases 2023 Special 301 Report

JD Supra Law

On April 26th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2023 Special 301 Report. In a press release, the USTR stated that "[i]nnovation and creativity are at the heart of American competitiveness.

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TTAB Sets New Precedents Over Hotel Building Designs

IP Law 360

The Trademark Trial and Appeal Board issued precedential opinions Thursday, both rejecting Texas-based Hilton Palacio del Rio's trademark applications for its hotel building designs and overturning a refusal of the Seminole Tribe of Florida's trademark involving a guitar-shaped Hard Rock hotel.

Designs 74
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“It Might Be Your Character, But It’s My Business” The Saga of Themed Public Places and Trademark Infringement

IP and Legal Filings

Introduction We frequently spend time in a themed café or public space, attempting to immerse ourselves in the world of our favourite characters, whether they be from Harry Potter, F.R.I.E.N.D.S., Marvel, DC, Disney or any other. These themed locations allow us to re-enter the world of our characters, but we seldom consider if it is acceptable for person or organization to utilise these well-known figures.

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Mental Health and Financial Resources for Musicians

Copyright Alliance

From the pressures of performance and touring to financial instability and fighting against infringers, the music industry can take a toll on a musician’s mental health. To help with these […] The post Mental Health and Financial Resources for Musicians appeared first on Copyright Alliance.

Music 56
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Low-Bar for Corroboration

JD Supra Law

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board - Summary: Federal Circuit confirms low bar for evidence corroborating prior inventorship pre-AIA.

Patent 55
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“EMMENTALER” cannot be an EUTM, says the General Court

The IPKat

With a decision dated 24 May 2023 , the General Court (GC) held that the term “EMMENTALER”, as designating a type of cheese, cannot be protected as European Union trade mark (EUTM), having a descriptive character in part of the European Union (EU), which may be a single Member State (in this case Germany). The GC also confirmed that the trade mark applied for could not be protected as a collective mark, with the derogation provided by Art. 74(2) of Regulation 2017/1001 to Art. 7(1)(c) requiring

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If a Case Was Baseless, It Would Have Ended Sooner

JD Supra Law

OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger, Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before ultimately grating summary judgment suggests that suit was not objectively baseless.

IP 55
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Ebook Lending Library Infringes Publishers’ Copyrights

LexBlog IP

In a decision that could have wide reverberations on the internet, the U.S. District Court for the Southern District Court of New York granted summary judgment in favor of book publishers and against Internet Archive (“IA”) in a copyright infringement action involving ebooks brought by the four leading book publishers in the United States, Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons., Inc., and Penguin Random House LLC (together, the “Publishe

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Inevitable Disclosure Theory Helps Plaintiff Overcome Standing Hurdle

JD Supra Law

Earlier this month, a federal court judge in the United States District Court for the Central District of Illinois denied a defendant’s motion to dismiss a plaintiff’s amended complaint for, among other claims, trade secret misappropriation, based on a theory of inevitable disclosure in the future.

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Taco Tuesday’s Trademark Tug-o-War

LexBlog IP

Taco Bell — infamously known for their late-night hours and cheesy goodness, has recently filed a petition with the US Patent and Trademark Office to cancel the trademark “Taco Tuesday,” used by their rival chain company Taco John’s for the last 34 years. The hope from Taco Bell is that “Taco Tuesday,” can be shared, as it is a commonly used phrase that “should be freely available to all who make, sell, eat and celebrate tacos.” According to the fi

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A U.S. View on the UPC – Part 4: Injunctions

JD Supra Law

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC.

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Interesting Patents | Revolutionizing Wearable Audio Devices: A Comprehensive Look at Bose Corporation’s Innovative Patent

LexBlog IP

Interesting Patents | Revolutionizing Wearable Audio Devices: A Comprehensive Look at Bose Corporation’s Innovative Patent by Founders Legal Interesting Patents | Tuesday, May 30, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

Patent 52
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Taco Bell Throws Its Hat in the Ring to Free “Taco Tuesday” from Trademark Protection

JD Supra Law

It’s 9 a.m. on a Tuesday and you think to yourself. what are we having for dinner tonight? And then it hits you – it’s Tuesday. Taco Tuesday! Think twice before you snap a picture of your Tuesday taco treat and caption it “Taco Tuesday!” Taco Tuesday is trademarked.

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Free Webinar on PTAB ANPRM Concepts This Thursday

LexBlog IP

CLE Provided This coming Thursday at 12PM (EST), IPWatchdog will host the free webinar entitled: PTAB Rules: The Good, The Bad & The Ugly. The webinar will cover the recent Advanced Notice of Proposed Rulemaking (ANPRM), preview stakeholder reactions, Congressional concerns, and discuss the most likely outcomes. Register ( here ) With comments due from the public on or before June 20th, this topic will remain a focus of the agency for the remainder of 2024 and beyond.

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Protecting Your House Brand is Paramount: Two Case Studies Show Different Approaches

JD Supra Law

Companies may have hundreds of trademarks, but the primary or house mark is the most important and should be the centerpiece of every trademark strategy. Trademark owners take different approaches to brand awareness and protection, though sometimes your efforts on one side of the coin bleed over to the other.

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Free Webinar on PTAB ANPRM Concepts This Thursday

LexBlog IP

CLE Provided This coming Thursday at 12PM (EST), IPWatchdog will host the free webinar entitled: PTAB Rules: The Good, The Bad & The Ugly. The webinar will cover the recent Advanced Notice of Proposed Rulemaking (ANPRM), preview stakeholder reactions, Congressional concerns, and discuss the most likely outcomes. Register ( here ) With comments due from the public on or before June 20th, this topic will remain a focus of the agency for the remainder of 2024 and beyond.

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IP Hot Topic: Imperative Information on the New Unified Patent Court (UPC) Launching June 1

JD Supra Law

The new European Union Unified Patent Court (UPC) and Unitary Patent go live on June 1, 2023. Enterprises operating in Europe should understand the risks and rewards of this new system, one of the most significant developments in global intellectual property law in over a decade. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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What to Expect When You’re Expecting: An Overview of the Proposed Federal NIL Bill

LexBlog IP

A sneak peek into the potential future of federal name, image, and likeness (NIL) regulations has emerged with the release of a draft bill. This development marks the first significant step towards a federal NIL law since the 2022 election, following the congressional hearing on NIL held in March of this year. The circulation of draft bills indicates Congress’ interest in establishing more standardized laws surrounding NIL, aiming to supersede the increasingly complex web of state regulati

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Fair Use and Warhol’s Prince Silkscreens

JD Supra Law

Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 2023 WL 3511534.