Sat.Dec 17, 2022 - Fri.Dec 23, 2022

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Top Trademark Trends of 2022

Erik K Pelton

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. It also saw the biggest procedural change to the USPTO application process in decades. Here are the biggest trademark stories of 2022 that we have been following at EMP&A.

Trademark 130
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Looking Back on 2022 and Forward to 2023: What was and will be important to Copyright, Creators and Content Industries?

Hugh Stephens Blog

As year-end approaches, I like to look back at the main themes that emerged over the past 12 months affecting copyright, creators and the content industries, drawing from my blog posts throughout the year. Some of the same issues I highlighted last year, such as payment to news content providers by online news aggregators (Google) … Continue reading "Looking Back on 2022 and Forward to 2023: What was and will be important to Copyright, Creators and Content Industries?

Copyright 246
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AI and the Danger of Good Enough

Plagiarism Today

In late 1999, if you were heading to a Y2K party and wanted high-quality photos of the event, you had two choices: You could either spend thousands of dollars on high-end camera equipment and learn how to use it (often in paid classes) or you could hire someone who had done all those things for you. Cell phone cameras were brand new (and terrible) and, though standalone digital cameras existed, they were of low quality and still very expense.

Art 205
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Generative AI is here: How tools like ChatGPT could change your business

McKinsey Operations

Generative AI and other foundation models are changing the AI game, taking assistive technology to a new level, reducing application development time, and bringing powerful capabilities to nontechnical users.

Business 145
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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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Why Restaurants Need Trademark Registration

Erik K Pelton

The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I love restaurants for many reasons. I love a great meal, I love supporting small local businesses, and I have a connection to the restaurant industry: my wife and my brother-in-law own two restaurants. I’ve seen firsthand the power of protecting a restaurant brand.

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AI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023

IP Watchdog

In general, the adoption of artificial intelligence (AI) and machine learning technologies has the potential to impact society in many ways. These technologies can automate tasks and make them more efficient, which can lead to job displacement and other economic impacts. They can also be used to make decisions that affect people's lives, such as in the criminal justice system or in hiring, which raises ethical concerns.

Business 145

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[BREAKING] CJEU issues decision in Louboutin's online marketplace trade mark battle

The IPKat

The IPKat would love red, if he could see it For those who are doing last minute holiday shopping for loved ones , may Merpel suggest some deliciously crafted shoes? Possibly ones with a red sole? That red sole has been famous on film, red carpets and in IP circles for many years. It has become even more famous in IP circles thanks to today's Court of Justice of the European Union's decision (currently available in French only) in the joined Louboutin/Amazon cases (C-148/21 and C-184-21) followi

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New tool for brand protection: YouTube Handle

Erik K Pelton

Those brand with YouTube channels (if you don’t have one, what are you waiting for?!) can now add some additional brand protection by claiming their new YouTube ‘handle.’ In essence the handle is another way for others to tag your account in videos, it is akin to a username or handle on Instagram, Twitter, or TikTok. It is worth claiming the handle because: you then ensure no one else will claim it and possibly cause confusion. you make it easier for others to tag and collabora

Branding 147
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London Brands Seminar: NFTs and the Metaverse

JD Supra Law

On 16 November 2022, partners Joel Smith and Sahira Khwaja and other members of our London brands team, hosted a client seminar on the ‘Metaverse’, including a lively panel discussion with Nicola Wood, Chartered Trade Mark Attorney from Group Legal at Vodafone and Simon Baggs, President of Brand and Content Protection at Corsearch, together with Oliver Wilson, Counsel in our Commercial and Regulatory team at Hogan Lovells.

Branding 141
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The IP News that Mattered Most in 2022, According to You

IP Watchdog

Here we are again at the end of a year—this one the first in several where courts and business proceeded mostly as usual and relatively free of shutdowns and delays due to the pandemic. We had surprising denials at the Supreme Court, expected rulings from the U.S. Court of Appeals for the Federal Circuit, a flurry of activity from the U.S. Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions a

IP 139
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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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Home Alone is the Most Pirated Classic Christmas Movie

TorrentFreak

As the holiday season approaches, many people choose Christmas movies to get into the festive spirit. Given that some are considered classics in their own right, it’s no surprise that December viewings have become a beloved tradition for many families. In most cases, Christmas movies are watched through legal channels. Behind the curtains of some homes, however, holiday entertainment arrives through TCP packets and The Pirate Bay, neatly wrapped in an MP4 container.

Reporting 138
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Lookout for the Latest Trademark Scam using USPTO Letterhead

Erik K Pelton

Trademark scams continue to proliferate. Listen for details about the latest details on scams using the USPTO’s seal and letterhead. For more about preventing or evaluating scams, visit www.isthisatrademarkscam.com. The post Lookout for the Latest Trademark Scam using USPTO Letterhead appeared first on Erik M Pelton & Associates, PLLC. Trademark scams continue to proliferate.

Trademark 130
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The secret to great health? Escaping the healthcare matrix

McKinsey Operations

The blueprint to achieve a lifetime of great health is increasingly clear and within our control. But unlocking it requires challenging the orthodoxies currently guiding individuals and institutions.

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SpicyIP Tidbits: IPO deals with formalities and reasons!

SpicyIP

Image from here. We have two interesting IPO related tidbits for you. Read on ahead! 1. The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue , and the Supreme Court has even given some tips for judgment writing recently. Surprising no one though, it still happens repeatedly, and this time a court gnashed at a gobbledygook(y) order.

Invention 130
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‘Someone’ Tried to Hijack a Domain Seizure Order, Posing as a Rightsholder

TorrentFreak

Adult entertainment conglomerate MindGeek owns several of the largest ‘free’ tube sites including Pornhub. In the early days, these sites thrived on pirated content but over time, that changed. Today, MindGeek itself is one of the most protective copyright holders in the industry. MindGeek subsidiary MG Premium, for example, has many thousands of works registered at the US Copyright Office.

Ownership 130
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The interpretation of trade mark goods and services: what about that definition in the regulation?

The IPKat

Kat friend Marcel Pemsel, who will shortly publish as a full-fledged Guest Kat, already shares his thoughts on a recent trademark decision by the General Court concerning that favorite of trade mark questions: what does the specification of goods and services cover? Interpreting the list of goods and services in trade mark law can be a tricky task. Many terms have a clear and precise meaning.

Editing 128
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Smart Wallets and Measuring Credibility of the Prior Art

Patently-O

by Dennis Crouch. “Smart wallets” are growing in popularity. I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. What should I call them now?

Art 124
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The future of banks: A $20 trillion breakup opportunity

McKinsey Operations

Banking is radically transforming. Many banks can thrive by fundamentally changing the way that financial services are embedded into daily life.

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New Global IPTV Anti-Piracy Coalition Takes on ‘Extremely Dynamic’ Providers

TorrentFreak

When the Alliance for Creativity and Entertainment launched in 2017 it signaled a new approach to anti-piracy enforcement. Rather than acting in isolation, ACE members pooled their resources, and today the results speak for themselves. Hundreds of sites have either been shut down or disrupted in the last five years, and new casualties are recorded every month, mostly every week.

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What is right with EU trade agreements?

The IPKat

This Kat has recently defended her thesis, titled “Deconstructing EU IP norm-export to the Eastern European Neighbourhood”. It was written at the Universities of Alicante and of Strasbourg, under the EIPIN-IS research grant. In this post, I would like to summarise some of the take-aways from my thesis, which looked into how European Union’s (EU) trade agreements shape intellectual property (IP) legislation in third (non-EU) countries.

IP 125
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Discretionary Remedies Clarified, and Videotron Ltd Successfully Defends Against Much Litigation-Experienced Rovi Guides Inc.

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed. Rovi supplies digital entertainment technology , and Videotron is a telecommunications corporation providing cable services and operating primarily in Quebec.

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Factual Disputes Preclude Grant of Summary Judgment of Improper Inventorship

JD Supra Law

Plastipak Packaging, Inc. v. Premium Waters, Inc. Before Newman, Stoll, and Stark. Appeal from the United States District Court for the Western District of Wisconsin. Summary: An overwhelming amount of evidence in favor of summary judgment is not sufficient if the nonmoving party presents evidence on which a reasonable factfinder could rely.

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Clock Ticking For Call of Duty Cheat Makers Who Took on Activision

TorrentFreak

In an effort to end or at least reduce rampant cheating in Call of Duty, Activision fought back with RICHOCET Anti-Cheat. The system reportedly identified and banned 50K cheaters across Warzone and Vanguard during the first day, but also faced stiff opposition from cheat makers determined to undermine it. Early January 2022, Activision filed a lawsuit against cheat makers EngineOwning UG and CMN Holdings S.A (both German companies), plus six named individuals (Valentin Rick, Leonard Bugla, Leon

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Art is Human

The Illusion of More

A few months ago, I attended a local event, where photographer Doug Menuez spoke about his project “Wild Place: The People of Kingston, NY.” The description on his website begins. Wild Place is the English translation of Wiltwyck, the original name given to Kingston, New York, in 1661 by Peter Stuyvesant and […]. The post Art is Human appeared first on The Illusion of More.

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Business building: The path to resilience in uncertain times

McKinsey Operations

In an uncertain economy, executives’ first instinct might be to cut costs and shore up established holdings. A better way is to build new businesses.

Business 122
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SpicyIP Tidbits: Delhi High Court Imposes Humongous Costs on Habitual Cybersquatter 

SpicyIP

Image from here. In a case concerning allegations of trademark infringement by cybersquatting and passing off, Delhi High Court imposed damages worth a whopping INR 2 Crores on the Defendant! The Defendant, one Namase Patel, was alleged to possess hundreds of domain names with deceptively similar domains- addobe.com and adobee.com. Furthermore, it was alleged that the defendant uses a catch-all function that enables them to have access to all the emails where the domain name of the recipient is

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U.S. Copyright Office Finds ‘Deep Disagreement’ on Anti-Piracy Measures

TorrentFreak

For many years, U.S. lawmakers have considered options to update the DMCA so it can more effectively deal with today’s online copyright issues. Many proposals have come and gone, without resulting in any significant updates. Calls to change current legislation persist, however. Copyright Office’s Review and Conclusions. Following repeated nudges from Senators Thom Tillis and Patrick Leahy, the Copyright Office launched a consultation on automated tools that online services can use to ensur

Copyright 124
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Music Copyright Cases Musicians Should Know

Copyright Alliance

Music has changed over the years. From the earliest Gregorian Chant to classical works by Beethoven and Mozart, and from the early days of rock and roll to current hip […]. The post Music Copyright Cases Musicians Should Know appeared first on Copyright Alliance.

Music 110
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Author Talks: A toolbox for social change

McKinsey Operations

Cofounder of Candid and former GuideStar CEO Jacob Harold details the tools—from design thinking to game theory—that organizations can use to optimize their social-impact work.

Designs 108
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Happy Holidays and Wishing Everyone a Bright New Year!

IPilogue

Prof. Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Innovation Clinic, and the IP Intensive Program, and the Editor-in-Chief of the IPilogue. As 2022 comes to an end, I would like to thank everyone who has worked with IP Osgoode and made it as successful as it has become over the past year and since its very beginning in 2008. When I first joined Osgoode Hall Law School as a professor in 2006, I dreamed of building closer bridges between academia, government, industry and exp

IP 106
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U.S. Doubles Down and Seizes ‘Comeback’ Domains of Pirate Sites

TorrentFreak

Earlier this month, we reported on a series of FIFA World Cup-themed domain name seizures by US law enforcement. In the initial wave, Homeland Security Investigations took down 55 domain names operated by pirate sports streaming sites. Many of the sites had millions of regular visitors who were confronted with a seizure banner featuring seals of prominent law enforcement outfits.

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SUPER HERO® my foot

Likelihood of Confusion

UPDATE: Our NPR interview on this topic was on NPR’s “All Things Considered” just before 6 tonight. We blogged on this topic last week. Today the LA Times weighs in, The post SUPER HERO® my foot appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 105
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HR’s new operating model

McKinsey Operations

Interviews with more than 100 chief human resources officers and people leaders reveal how the HR operating model is changing to drive value in a volatile business environment.

Business 111
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Apple Sues USPTO Over SMART KEYBOARD Trademark

IPilogue

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory.

Trademark 105
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GTA Cheat Developer Must Pay AU$130,000 for Copyright Infringement

TorrentFreak

In recent years, game companies have filed copyright infringement lawsuits against alleged cheaters, cheat makers, and sellers. GTA V developer Rockstar Games and its parent company Take-Two Interactive were among the first to go down this path four years ago. Infamous Lawsuit. In 2018, the game companies filed a lawsuit in Australia , targeting several people believed to be linked to the popular “Infamous” cheating mod.