Wed.Oct 26, 2022

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Can an emoji also be a trademark?

Erik K Pelton

Can you register an emoji as a trademark? Erik and his team had a lot of fun recently creating their own emoji – and applying to register it. Listen to learn more about emoji trademark issues. The post Can an emoji also be a trademark? appeared first on Erik M Pelton & Associates, PLLC. Can you register an emoji as a trademark? Erik and his team had a lot of fun recently creating their own emoji – and applying to register it.

Trademark 130
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Europe’s fintech opportunity

McKinsey Operations

Fintech has moved from the fringes of European finance to its core, but performance varies widely. If all countries could match the best in region, the economic benefits would be considerable.

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‘AI-Powered’ Music Mixer Responds to RIAA Copyright Infringement Claims

TorrentFreak

Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. The music group reported well-known targets such as The Pirate Bay, Newalbumreleases, MP3Juices, RARBG, and RapidGator, plus other piracy-related sites and services. AI Piracy? The RIAA also carved out a brand new category this year, labeled AI Based Extractors/Mixers.

Music 132
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Jean Paul Gaultier, Birth Your Own Venus

IPilogue

Ariel Goldberg a 1L JD candidate at Osgoode Hall Law School. French fashion brand Jean Paul Gaultier’s garments featuring Botticelli’s Birth of Venus are heading off the rack and to legal battle. Uffizi Galleries (“Uffizi”), based in Florence, Italy, are pursuing legal action against Jean Paul Gaultier for “illicit” unauthorized use of Botticelli’s Birth of Venus which violates Italy’s Codice dei Beni Culturali (Code of the Cultural and Landscape Heritage )(the “Italian Code”).

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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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Quiet quitting and performance management

McKinsey Operations

Churn is up. Engagement is down. And year-end reviews are here. Are you worried that giving feedback will make workers feel worse?

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IP Reveries: Class 5.1 – Drugs, Secrets, and Innovation: Brooding Over The Basics

SpicyIP

WHO is the authority? Prof Antilegend’s classes are back! After a few sessions on conceptual and theoretical ideas around IP, this set of sessions will now take the class on a different not-so-theoretical topic and deliberates upon IP issues that crop up around clinical trial test data, drug innovation, Indian drug regulatory regulation etc. If this is your first time coming across the IP Reveries series, you can see what its about as well as get links to our previous classes in the introd

IP 118

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France: 15% of Blocked Live Sports Pirates Go Legal, 46% Pirate Elsewhere

TorrentFreak

After jumping into the hot seat on January 1, 2022, the fledgling Audiovisual and Digital Communication Regulatory Authority (ARCOM) has been battling to reduce piracy in France. Like many of its European counterparts, Arcom’s main weapon of choice is website blocking. According to a September statement by Arcom president Roch-Olivier Maistre, more than 700 sites were blocked in the first six months of 2022.

Reporting 111
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Keep it secret or file a patent?

Patent Trademark Blog

Patent your idea or keep it secret? If this question has crossed your mind, I’m willing to venture that your product or idea is not so simple. There must be something about your concept that is not easy for others to figure out. Let’s face it. If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential.

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CCC at the Charleston Conference 2022

Velocity of Content

CCC is pleased to once again be participating in and speaking at The Charleston Conference, the annual gathering in Charleston, SC of publishers, librarians, electronic resource managers, consultants, and many others to discuss various topics and issues of importance to them all. The 2022 Charleston Conference is being held in a two-tiered hybrid model this year, with the in-person element being held November 1-4 in Charleston, SC and the virtual element broadcast on November 14-18.

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The Titanium Economy: How to overcome the challenge of filling high-quality jobs

McKinsey Operations

Thriving industrial technology companies use apprenticeships, upskilling, and upward mobility to staff and retain their workforces.

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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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Fish & Richardson Principal Recognized for Pro Bono Contributions

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is proud to announce that Principal Crystal Culhane, Ph.D. was recognized at Casa Cornelia Law Center’s 15 th Annual La Mancha Awards. Culhane was honored with the Pro Bono Publico award for her commitment to advocating for victims in the immigrant community who are victims of domestic violence. Culhane is currently in the midst of her third case, assisting her client with securing a U visa so that she can legally remain in the country and separate from her abusive husband,

Law 86
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UK IPO publishes Innovation and Growth Report 2021/22

The IPKat

The UK Intellectual Property Office (IPO) has published its annual Innovation and Growth report for 2021/22. The aim of this annual report is to capture how the IPO has worked across government, together with its partners and stakeholders, to encourage investment in innovation and growth. Some of the key take-aways from the report include: • The UK IPO received a record level of trade mark applications.

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Protection of Geographical Indications in Cambodia

IP and Legal Filings

Introduction. Geographical Indication is a name or sign used on certain products which corresponds to a specific geographical location or origin. The use of a GI may act as a certification that the product possesses certain qualities, is made according to traditional methods or enjoys a certain reputation, due to its geographical origin. The GI legal protection aims to protect both producers against unfair competition and misappropriation on one hand and consumers against misleading on the other

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Sufficiency of broad functional genus and first medical use claims in Europe (T 0424/21)

The IPKat

The Board of Appeal in T 0424/21 considered the sufficiency of a broad genus of antibodies and their use to treat any disease. The breadth of the patent claims upheld on appeal may well be astonishing to US readers used to the onerous US sufficiency requirements. In contrast to the US, the decision from the EPO Boards of Appeal is a case study of how functional claim language that wouldn't pass muster in the US, can be used to great effect in Europe.

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Canadian Heritage Minister Pablo Rodriguez’s Credibility Problem, Part Two: Misleading and Missing Data on Bill C-18

Michael Geist

As noted in yesterday’s post , Canadian Heritage Minister Pablo Rodriguez appeared before the Standing Committee on Canadian Heritage last Friday for one hour and walked away with a serious credibility problem. Friday’s hearing focused on two issues – the Laith Marouf/CMAC issue of government funding for an anti-semite and Bill C-18 – and Rodriguez faced credibility questions on both.

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Johnny Depp and Jeff Beck Sue Folklorist Accusing Them of Stealing Lyrics to ‘Hobo Ben’ Poem

IP Watchdog

Johnny Depp and guitarist Jeff Beck filed a lawsuit last Friday against folklorist and SUNY Buffalo professor Bruce Jackson, who accused the pair of plagiarizing a song on their latest album, “18”. In two demand letters the folklorist sent in August, Jackson alleged that Depp and Beck infringed the copyright of the poem “Hobo Ben” by copying entire passages.

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Jumping In Line: IPR and District Court Dance

Patently-O

Molly Metz is a competitive jump-roper ( 5-time world champ ) and also an inventor of an innovative jump rope handle that allows super speed jumping loved by both competitors and cross-fit freaks. U.S. Patent Nos. 7,789,809 and 8,136,208. There has been massive infringement since her patents issued 10-12 years ago. Financing an infringement lawsuit is a bit tricky, especially for a total-startup (micro entity) in a fairly small market.

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Getting to net-zero in Asia: No returns on a dead planet

McKinsey Operations

Steve Howard, chief sustainability officer of Temasek, shares why stakeholders urgently need to go all in with a net-zero transition plan.

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Attys Accused Of 'Riling Up' Texas Jury Against Facebook

IP Law 360

Quinn Emanuel Urquhart & Sullivan lawyers representing a smartphone app developer in a patent case are accused of repeatedly referencing social media spying and censorship in order to "rile up the jury's prejudices against Facebook" last month in order to win a $175 million verdict that Meta Platforms is now trying to knock out.

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TTABlog Test: Is "LICKMAT" Merely Descriptive of Pet Feeding Receptacles and Pet Amusement Mats?

The TTABlog

Okay, all you pet lovers, sink your teeth into this one. The USPTO refused to register the marks LICKMAT and LICK MAT , in standard character form, for "Feeding receptacles for pets, namely, bowls, dishes, and troughs, all for feeding" and for "Pet amusement mats being pet toys; pet toys; chewable pet toys," finding the marks to be merely descriptive of the goods under Section 2(e)(1).

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Apple Tells 11th Circ. Virtual IPhone Is Not Fair Use

IP Law 360

Apple urged the Eleventh Circuit on Wednesday to revive its copyright suit over a startup's "virtual" version of the iPhone to detect bugs, arguing that the product is not transformative enough to be covered under the fair use doctrine.

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Copyright Office Issues NPRM to Correct MLC’s ‘Erroneous’ Dispute Policy on Post-Termination Blanket License Royalties

IP Watchdog

On October 25, the U.S. Copyright Office issued a notice of proposed rulemaking (NPRM) in the Federal Register to clarify the application of the derivative works exception to copyright termination rights within the context of blanket licenses administered under the Music Modernization Act (MMA). The Office is hoping to correct what it sees as a legally erroneous dispute resolution policy established by the Mechanical Licensing Collective (MLC), which administers the MMA’s blanket licenses to dig

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DivX Targets Amazon, Vizio In New Patent Campaign

IP Law 360

DivX LLC is asking the U.S. International Trade Commission to block imports of Amazon and Vizio streaming products that allegedly infringe its patents, while also lodging suits against the companies in Virginia and California federal courts.

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Looking back: Meet the new P/E normal, same as the old P/E normal

McKinsey Operations

Weighted average and median P/E ratios rarely diverge significantly—and when they do, the gap soon closes.

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The Creative Process

Art Law Journal

Ideas can come from the most unusual, unconventional, and unexpected sources, and everyone has a unique way of generating that spark. In THE CREATIVE PROCESS, award-winning designers and accomplished artists take us behind-the-scenes to share their creative process. They explain their method of defining the concept and walk us through their various stages of development.

Designs 52
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Nilotinib included in the Medicines Patent Pool; New voluntary licensing agreement between the Medicines Patent Pool (MPP) and Novartis

The IPKat

The Medicines Patent Pool (MPP) and Novartis have unveiled a new voluntary licensing agreement to allow generic drugmakers in seven middle income nations to develop, manufacture, and supply generic versions of the leukaemia treatment nilotinib. This new agreement was announced on the side-lines of the World Cancer Congress. The MPP is a United Nations-backed public health organisation engaged in increasing access to, and facilitate the development of, life-saving medicines for low- and middle-in

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What Makes Art Great

Art Law Journal

In WHAT MAKES ART GREAT, art world luminaries discuss great works and the lives of the legendary artists that made an indelible mark in history. Delve deeply into the stories behind the works and how they remain immensely relevant throughout time.

Art 52
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Association of American Publishers Prevails in Federal Court

BYU Copyright Blog

In June, a federal district judge handed a victory to the Association of American Publishers.In recent months, several state legislatures have proposed or approved measures directing publishers that license digital literary works to consumers to also make that content available to public libraries, usually with a stipulation about making the terms of such agreements reasonable.

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The Power of Images

Art Law Journal

In THE POWER OF IMAGES, trailblazers & titans of the creative world show us how extraordinary images continuously compel us to evolve emotionally, innovatively, politically, and philosophically. Experience these incredible moments and the stories they tell.

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Two Decades of The IP Book

LexBlog IP

Time certainly flies while you’re having fun, and for me, the past two decades of serving as an editor and author for The IP Book and also as a planner for the Midwest IP Institute is no exception: In the 2022 IP Book you’ll find a lot of terrific content, including Tiffany and Molly ‘s Trademark Modernization Act Updates, and Draeke ‘s Trademark Failure to Function Update.

IP 52
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TTAB Sustains WIRED Magazine’s § 2(d) Objection to Application to Register “WIRED” As A Mark for Clothing, But Not for Fitness Services

JD Supra Law

The Trademark Trial and Appeal Board (“TTAB”) sustained the objection of the publisher of the tech magazine WIRED (“Opposer”) to an Applicant’s (“Applicant”) bid to register the term “WIRED” for clothing but rejected its objection for fitness-related services.

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TTAB Sustains WIRED Magazine’s § 2(d) Objection to Application to Register “WIRED” As A Mark for Clothing, But Not for Fitness Services

LexBlog IP

The Trademark Trial and Appeal Board (“TTAB”) sustained the objection of the publisher of the tech magazine WIRED (“Opposer”) to an Applicant’s (“Applicant”) bid to register the term “WIRED” for clothing but rejected its objection for fitness-related services. The Applicant sought registration for “WIRED” marks for fitness-related services and athletic clothing.

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Two Decades of The IP Book

DuetsBlog

Time certainly flies while you’re having fun, and for me, the past two decades of serving as an editor and author for The IP Book and also as a planner for the Midwest IP Institute is no exception: In the 2022 IP Book you’ll find a lot of terrific content, including Tiffany and Molly ‘s Trademark Modernization Act Updates, and Draeke ‘s Trademark Failure to Function Update.

IP 52
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The Five Biggest Mistakes the USPTO is Seeing in Expungement and Reexamination Petitions—and How to Avoid Making Them Yourself

JD Supra Law

The U.S. Patent and Trademark Office (“USPTO”) has received more than 170 petitions for expungement and reexamination since it began accepting these new filings late last year. And although the Office has issued guidance about how to prepare and submit a petition properly, it has reported a number of “common mistakes” that could easily be cured by those with otherwise meritorious claims.

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Patent protection for software inventions in Europe

IAM Magazine

Inventions related to user interfaces, business methods, mathematical methods and simulations require extra care in Europe. Inventions related to image processing and cryptography are usually considered to have technical character in Europe.