Wed.Dec 15, 2021

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3 Count: Hiding the Ball

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: YouTube Says Creators are ‘Hiding the Ball’ With Copyright Claims. First off today, Blake Brittain at Reuters reports that YouTube is accusing plaintiffs in a class action lawsuit of “hiding the ball” by failing to make event a single alleged infringement in their complaint.

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Trademark protection is a brand’s best friend

Erik K Pelton

Dogs might be man’s best friend, but trademark protection is a brand’s best friend. Here are some fun canine themed trademarks we’ve helped protect: The post Trademark protection is a brand’s best friend appeared first on Erik M Pelton & Associates, PLLC.

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The (Still Secret) Online Harms Consultation: What the Government Heard, Part One

Michael Geist

The results of this summer’s online harms consultation remains largely shrouded in secrecy as the Canadian government still refuses to disclose the hundreds of submissions it received. Canadian Heritage Minister Pablo Rodriguez now leads the file, but he has said little about his department’s plans or explained why a public consultation should not feature public availability of the submissions.

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“The Witcher” Season 2 Premiere Leaks Early on Pirate Sites

TorrentFreak

The Witcher is one of Netflix’s undisputed hit series. The first season, which came out at the end of 2019, was viewed by over 76 million people within a month. That was a record-breaking number at the time. The series quickly amassed a loyal following eagerly awaiting the second season, a wait that lasted almost two years. This Friday is the big day as all eight episodes of the new season will appear on Netflix.

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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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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

Background. A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. Congress recognized how much power it was giving copyright owners in this scheme, so it tried to curb takedown notice abuse in a few ways.

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Reddit Bans ‘No Way Home Leaks’ For Excessive Copyright Complaints

TorrentFreak

When it is released this Friday in the United States, the much anticipated Spider-Man: No Way Home is almost guaranteed to become one of the highest grossing movies in recent years. To some, however, its many secrets will already be known. Since July this year, a dedicated discussion forum on Reddit called /r/NoWayHomeLeaks has been a hive of activity, with thousands of fans speculating on every tiny piece of available information that might give an early clue to what the movie has in store.

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3D Shape Trademark on Cars

Kashishipr

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. However, shape marks are not easy to register. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. In simple terms, the shape must be highly recognizable, noticeably distinct from other products in the market, and offer a clear indication of the origin of th

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CBD and Hemp Legal and Regulatory Roundup – December 2021 #2

JD Supra Law

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: Hemp - USDA policy changes enhance insurance coverage for hemp producers - The USDA’s Risk Management Agency is making it so hemp producers are no longer mandated to deliver their crop “without economic value for insurability.”.

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Why Hard Copy Articles Are Holding Strong in the Pharmaceutical Industry

Velocity of Content

I’ve been working with various organizations providing them personalized service in getting access to reprints essential to their success for over 10 years. Many of the clients I work with are pharmaceutical and similar life science companies. For these companies, their need is simple – get a hard copy of their research into the hands of physicians so they know it’s available if they ever need it.

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BigLaw's Big Guns Of Revenue Keep Growing

IP Law 360

The widening revenue gap between a handful of legal titans that pull in billions each year and other law firms will only continue to grow, experts say, resulting in a market consolidation that will likely give them a competitive advantage even over their BigLaw peers.

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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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When Nondisclosure Agreements and Pharmaceutical Trade Secrets Intersect

JD Supra Law

In the United States, the scale of trade secret theft is estimated to be between $180 billion and $450 billion annually. Among the targets of this theft are pharmaceutical companies, which are some of the most research-intensive institutions in the world.

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Production Jobs for Artists: Creative Hobby to Creative Career

Art Law Journal

In this series, you’ll find valuable information on making an art career! This article breaks down the opportunities for artists in the production field. The post Production Jobs for Artists: Creative Hobby to Creative Career appeared first on Art Business Journal.

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The Biggest Trademark Rulings Of 2021

IP Law 360

With the Trademark Trial and Appeal Board finding an attorney's reckless disregard for the truth was enough to prove fraud and the Eighth Circuit wading into the ongoing debate over the doctrine of initial interest confusion, the past year has been full of important decisions shaping trademark law. Here are Law360's picks for the top trademark rulings of 2021.

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CAFC Affirms TTAB: "BF-7" Registration for Nutritional Supplements Invalid Due to Non-Ownership

The TTABlog

In a non-precedential ruling, the CAFC affirmed the Board's decision ( here ) ordering cancellation of a registration for the mark BF-7 for "nutritional supplement goods" on the ground that Registrant Sunbio was not the owner of the mark at the filing date of the underlying application because it had not used the mark. The court rejected Sunbio's arguments that (1) it did not have proper notice of the theory on which cancellation was based, and (2) the Board's finding of nonuse was not supported

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Holmes' 'Risky' Decision To Testify Could Save Her, Attys Say

IP Law 360

With closing arguments in ex-Theranos CEO Elizabeth Holmes' monthslong criminal fraud trial slated to begin Thursday, legal experts say the outcome of her trial could hinge on her "highly risky" decision to take the stand and defend herself with claims of sexual abuse — uncharted territory for white collar prosecutions.

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What Level of Abstraction?

Patently-O

“An abstract idea can generally be described at different levels of abstraction.” Apple, Inc. v. Ameranth, Inc. , 842 F.3d 1229, 1240 (Fed. Cir. 2016). I really have no idea what to make of this quote from Judge Reyna’s opinion, but the PTAB Judges Appear to love it. More than 600 PTAB decisions have included the full quote over the past few years.

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Cardi B's Album Profits Fair Game In IP Trial, Judge Told

IP Law 360

A California man who says the rapper Cardi B misappropriated his image for a raunchy album cover asked a federal court to let him tell a jury about the rapper's royalties from the mixtape during an upcoming February trial.

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Production Jobs for Artists: Creative Hobby to Creative Career

Art Law Journal

Creativity is a way of life…but making creativity into a living can seem daunting — particularly when you don’t have an educational or professional background in art. If you are a non-professional artist who is eager to turn your artistic talents into a career, you’ve come to the right place. Together, Artrepreneur and Creative Circle have put together this comprehensive article series to support budding artists in the early stages of their art careers.

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Internet Association, Amicus Filer In Many IP Cases, Disbands

IP Law 360

The Internet Association, a lobbying group that filed numerous amicus briefs on behalf of companies operating on the internet in patent and copyright cases, announced suddenly on Wednesday that it would be ceasing operations by the end of the year.

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Eytan Rip discusses IDEL benefit extension with CTV News

Nelligan Law

Reading Time: < 1 minute. Eytan Rip recently joined CTV news to discuss the recent extension announcement of Ontario’s Worker Income Protection Benefit and what it means for both employers and employees. The benefit will be extended until July 31 st of 2022, as opposed to expiring at the end of this calendar year. The extension to this program was confirmed on Tuesday, December 7 th.

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Ticket Reseller Settles Trade Secrets Suit With Ex-Workers

IP Law 360

A Florida-based ticket reseller has settled its federal lawsuit accusing two brothers of stealing trade secrets while the company employed them so they could start a competing business.

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Crucial clauses in global IP transactions and the importance of local law advice

IAM Magazine

In this Q&A, three Gowlings WLG professionals provide practical advice from a local law perspective for IP transactions in three jurisdictions: Canada, China and the United Kingdom.

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Jeff Lowe Of 'Tiger King' Fame Hit With $10K In Sanctions

IP Law 360

An Oklahoma federal judge has ordered Jeff Lowe, a former executive in charge of the zoo featured in the hit Netflix documentary "Tiger King," to pay about $10,000 in sanction fees after he failed to meet his financial obligations while being forced to vacate the property.

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Protecting Your Trade Secret in US: Employer’s Perspective

IP and Legal Filings

Trade secret and confidential information is an important part of every company. The company opts for different policies and regulations which helps in protecting the trade secret for the company. Whether it be a Fortune 100 company or a small one, protection is required everywhere. The employers must be very clear when it comes to regulating the same and for this, it becomes imperative to understand the overview of two federal laws in the US.

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Ambiguities in the FTC’s New Made in USA Rule, Part 1

LexBlog IP

The FTC (the Commission) has given us plenty to write about these days, particularly as it looks for ways to beef up its ability to obtain monetary relief in light of the Supreme Court’s unanimous AMG decision. We have written a lot recently about the FTC’s Notice of Penalty letters, but we would be remiss if we did not take time to also comment more extensively on the FTC’s adoption of a new rule regarding misleading Made in USA claims on product labeling and in mail-order cat

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USPTO Finalizes Rules Implementing the Trademark Modernization Act

JD Supra Law

When Congress passed the Trademark Modernization Act of 2020 (TMA) on December 18, 2020, giving both the U.S. Patent and Trademark Office (USPTO) and trademark owners additional tools to reduce clutter and improve the integrity of the U.S. trademark register, it imposed a one-year deadline on the USPTO to develop procedures and implement certain changes enacted in the new law.

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District Court Enjoins Controversial Texas House Bill 20

LexBlog IP

Over the past several years, Section 230 of the Communications Decency Act, the federal law that provides social media platforms with immunity from liability for user content and was once hailed as “ the law that gave us the modern Internet ,” has gone from relative obscurity (at least outside of tech circles) to being a household name and politicians’ favorite punching bag.

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Court challenges to vaccine mandates – Malini Vijaykumar weighs in on CBC’s All in a Day

Nelligan Law

Reading Time: < 1 minute Listen as Malini Vijaykumar joins CBC’s All in a Day to discuss The Federal Court of Canada recently denying an injunction to suspend the vaccination mandate for suppliers to federal government buildings. She discusses employer obligations and employees rights regarding vaccination mandates, as well as how she expects these court challenges to potentially play out in the future.

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Damages for Copyright Infringement before You Register Your Copyright

LexBlog IP

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you are able to prove that the alleged infringer has infringed your work and you have notified the alleged infringer regarding the infringement of your copyright.

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The trademark year that was

Likelihood of Confusion

Our hero John Welch is the guest on this podcast thingy (you know I’ve never really understood that stuff — “pod”?) on the Legal Talk Network called, “2011 Intellectual Property. The post The trademark year that was appeared first on LIKELIHOOD OF CONFUSION™.

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Federal Circuit Requires Definitive Written Description Support for Quantitative Values and Ranges

LexBlog IP

Under U.S. law, every patent claim must be supported by an adequate written description, which conveys to those skilled in the art the nature and breadth of the invention. [1] The Federal Circuit recently decided two cases that found that claiming both a quantitative value and a quantitative range requires particular clarity in the disclosure. In Indivior v.

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Think Twice Before Using That Emoji ??????

Above the Fold

In a decision issued last month, the National Advertising Division (“NAD”) determined that the use of emojis in an advertisement is enough to constitute a claim. Stokely-Van Camp, the manufacturer of Gatorade challenged four of BodyArmor’s express claims which were made in a social media post. In the video, Baker Mayfield, BodyArmor endorser and Cleveland Browns quarterback, does a blind “taste test” of four drinks.

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Tire Boots v Tire Socks – ND Ill. – Lanham Act actions are continuing violations for purposes of Statute of Limitations in Illinois

LexBlog IP

Tireboots by Universal Canvas, Inc. v. Tiresocks, Inc. et al, No. 1:2020cv07404 – (N.D. Ill. 2021). Defendant allegedly redirected web traffic to its site beginning in 2011. Plaintiff learns of redirection in 2016 and takes corrective action (changing its name). Defendant ceeases the redirection in 2020. Plaintiff brings suit several months later.

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BREAKING: Dechert, Kramer Levin Alums Among Biden's Latest Picks For NY, Calif. Courts

IP Law 360

President Joe Biden nominated nine new district court judges in New York, California and Wisconsin Wednesday, bringing his total number of federal judge nominees for the year to 73, according to the White House.

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Podcast: Navigating the Fine Line Between Obviousness and Obviousness-Type Double Patenting

LexBlog IP

Partner Stephanie Lodise, Ph.D., and Patent Agent Tracy Palovich, Ph.D., break down the differences between obviousness rejections and obviousness-type double patenting rejections. They then provide important prosecution strategies how to respond to each type of rejection so as to maximize patent protection. Questions & Comments: slodise@bakerlaw.com.

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