Sat.Dec 24, 2022 - Fri.Dec 30, 2022

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What is an Assignment of Ownership?

Erik K Pelton

Ownership changes and transfers for trademark applications and records can be quite complex. In this episode, Erik shares some of the key terms and principles about trademark assignment documents. The post What is an Assignment of Ownership? appeared first on Erik M Pelton & Associates, PLLC. Ownership changes and transfers for trademark applications and records can be quite complex.

Ownership 130
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Can someone’s face be a trade mark?

The IPKat

The trade mark that Maartje Verhoef sought to register In a world in which the legal tools available to protect one’s own likeness and persona vary significantly – with some countries, e.g., providing for strong image rights protection [see the case of Italy here , here and here ] and others not even acknowledging the very existence of self-standing image rights [that is the case of the UK: here ] – the question posed in the title of this post is an intriguing one.

Copyright 145
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The Year in Copyright: 2022 Gives Creators Hope for the Future

IP Watchdog

The Constitution empowers Congress to enact federal copyright laws because the Founders recognized that the best way to advance the public interest is by enabling creators to pursue their own private interests. The copyright system secures uniform property rights to creators across the nation as a reward for their productive labors and as incentive for them to profit in the marketplace.

Copyright 141
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exciting DMCA times on my side blog

43(B)log

I received a DMCA notice for my wooden puzzle blog! It was a review of Unidragon's Alluring Fox (332 pieces). Google did not, interestingly enough, actually provide the notice, so I don't yet know whether this was overenforcement by Unidragon (which has a counterfeiting problem by makers of cheap knockoff puzzles) or something even more bizarre. Google instead directs me to Lumen to look up the notice, but Lumen doesn't seem to have posted it yet, so that's a tad frustrating.

Blogging 130
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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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‘House of the Dragon’ Is The Most Pirated TV-Show of 2022

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates. For several years in a row the list was headed by Game of Thrones but that reign came to an end in 2019 after the series ended. This changing of the guard made room for two Disney+ exclusives to step in. In 2020, ‘The Mandalorian’ was the most pirated show, followed by ‘Wandavision’ in 2021.

Reporting 131
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NIST: Reflecting Back on 2022

U.S. Department of Commerce

NIST: Reflecting Back on 2022. December 29, 2022. KCPullen@doc.gov. Thu, 12/29/2022 - 14:10. ICT Supply Chain. Infrastructure. As another productive year comes to a close, it’s always nice to take a moment to look back on everything our hard-working staff members have accomplished and celebrate the wins. From semiconductors to quantum computing (and post-quantum encryption) to artificial intelligence, this year has seen NIST accomplish some major milestones.

Reporting 103

More Trending

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Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm

JD Supra Law

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by the Ninth Circuit Court of Appeals.

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Where Are the Pirated Movie Screeners This Year?

TorrentFreak

Screeners are advance copies of recent movies that are generally sent out to critics and awards voters for review. These copies have regularly ended up in the hands of pirates after which they’re widely circulated online. That includes screeners of potential Academy Award nominees, which usually appear around December. In recent history, hundreds of these screeners have leaked early.

Copying 130
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Building on a Year of Progress, FirstNet Authority Looks to Public Safety to Drive Future Growth

U.S. Department of Commerce

Building on a Year of Progress, FirstNet Authority Looks to Public Safety to Drive Future Growth. December 30, 2022. KCPullen@doc.gov. Fri, 12/30/2022 - 10:14. First responder network. Infrastructure. By Lisa Casias, Acting CEO, First Responder Network Authority (FirstNet Authority). 2022 was another banner year for public safety and their network — FirstNet.

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Claim Drafting Issues for Biotech, Chemical and Pharma Patent Applications, Part II: From Indefiniteness to Negative Claim Limitations, Know Best Practices

IP Watchdog

In our previous blog post, we covered claim construction, Markush Groups, and dependent claim invalidation. As stated previously, while it is impossible to cover all of the various issues related to claim drafting for biotech, chemical and pharma patent applications, in Part II we will highlight some more of the most common issues that may come up, including changes to the law around indefiniteness; product-by-process and means plus function claims; and negative claim limitations.

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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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New PMPRB Guidelines will not be implemented January 1, 2023

JD Supra Law

The Patented Medicine Prices Review Board (PMPRB) has advised that the new Guidelines will not be implemented on January 1, 2023, and that the Interim Guidance issued by the Board on August 18, 2022 will remain in place until further notice. The comment period on the proposed Guidelines closed on December 5, 2022 (see our article on the draft Guidelines). 88 submissions were provided (see “Submissions” tab), including from Health Canada.

Patent 98
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ACE Expands to Become a Lean and Mean Anti-Piracy Machine

TorrentFreak

Five years ago , several of the world’s largest entertainment industry companies teamed up to create a brand new anti-piracy coalition. The Alliance for Creativity and Entertainment ( ACE ) brought together well-known Hollywood companies including Disney, Warner Bros, NBCUniversal, media giants such as Sky and BBC, as well as streaming-based newcomers Amazon, Netflix, and Hulu.

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Zediva: The world’s longest extension cord

Likelihood of Confusion

The AP reports that a small California (of course) company thinks it has a brilliant idea, a way to out-Netflix Netflix: Zediva Inc. is going to make available for viewing. The post Zediva: The world’s longest extension cord appeared first on LIKELIHOOD OF CONFUSION™.

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In 2022 the IP CloseUp Blog Surpassed 250,000 Visits; 360,000 Page Views

IP Close Up

2022 was a breakthrough year for IP CloseUp, a leading independent blog that follows intellectual property developments, trends and people. The no-fee publication has generated Continue reading.

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Blockbuster Biologics Review | Issue 18

JD Supra Law

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 40 biosimilars have been approved, 22 of which have launched. Notably, since our last update, the first BPCIA complaint was filed for Eylea with Regeneron accusing Mylan of infringing 24 patents.

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Russian Cinemas Get Help to Bypass Sanctions to Screen “Avatar: The Way of Water”

TorrentFreak

With its invasion of Ukraine, Russia ignited a regional conflict with global repercussions. Thousands of lives have been lost and many more ruined. In response, many U.S. entertainment industry companies took a stand by ceasing their Russian operations. Since Russia is a relatively small source of revenue, the damage is mostly contained for the major Hollywood studios.

Cinema 127
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Righthaven – Media Bloggers Association files amicus brief

Likelihood of Confusion

I’ve written a little bit about the Righthaven lawsuits before. Now, as reported in the Las Vegas Sun, on behalf of the Media Bloggers Association I’ve helped write something that. The post Righthaven – Media Bloggers Association files amicus brief appeared first on LIKELIHOOD OF CONFUSION™.

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Simple homage to pre-existing work doesn't qualify as parody under French law

The IPKat

One of the alleged parodic busts The comic strip "The adventures of Tintin" and its characters, created by the Belgian cartoonist Hergé, have been the source of numerous copyright infringement disputes in recent years [ here ]. Such is the case with a recent decision issued by the Court of Appeal of Aix-En-Provence, concerning unauthorised sculptures of Tintin and the Moon rocket.

Law 95
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PTAB Redeclares Interference No. 106,132 and Suspends Priority Phase Proceedings

JD Supra Law

On December 14th, the Patent Trial and Appeal Board (PTAB) rendered its Decision on Motions in Interference No 106,132 between Senior Party Sigma-Aldrich ("Sigma") and Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") (see "PTAB Decides Parties' Motions in CRISPR Interference").

Patent 98
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Pirate Movie Cammers Plagued UK Cinemas After COVID Shut Them Down

TorrentFreak

When movies are recorded directly from cinema screens, the resulting pirate copy is known as a ‘cam’, regardless of the device used – camcorder or otherwise. The terms camming, camcording, cammer, and other variations are not exclusive to movie piracy circles though; those paid to monitor and crack down on pirates use them a lot too.

Cinema 123
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IP creep by the IP creeps

Likelihood of Confusion

The record industry moves in yet another way toward getting the law to treat your music purchase as a music license (via BoingBoing), writes Ken Fisher: New “pawn shop” laws. The post IP creep by the IP creeps appeared first on LIKELIHOOD OF CONFUSION™.

IP 95
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High School Students Can Be Disciplined for Racist Private Instagram Account–Chen v. Albany School District

Technology & Marketing Law Blog

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit starts to fill in some of the gaps. The case involves several Albany High students, including Epple and Chen. In 2016, Epple created a private Instagram account named “yungcavage” as “a private forum where [he] could share funny memes, images, and comments with [his] close friends that [they]

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Haug Partners Successfully Defends Takeda’s Vyvanse® Patents At Trial Against Generic Challenge

JD Supra Law

On December 27, 2022, Haug Partners LLP and Gibbons PC obtained a key victory as to all counts for its client, plaintiffs Takeda Pharmaceutical Co. Ltd. and Takeda Pharmaceuticals U.S.A., Inc., defeating a generic challenge by Norwich Pharmaceuticals Inc. to Takeda’s Orange Book-listed patents for Takeda’s multibillion dollar Vyvanse® product. In a 107-page Opinion, Judge….

Patent 98
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Analysis of U.S. Pirate Site Domain Seizures During FIFA World Cup 2022

TorrentFreak

After gathering data and in the absence of announcements by U.S. law enforcement agencies, on December 10 TorrentFreak reported on a wave of domain seizures. Many of the affected sites displayed a banner indicating the involvement of three government agencies – IPR Center, Homeland Security Investigations, and the Department of Justice. Data clearly showed that the domains were all connected to illicit live sports streaming, but it took another three days for that to be officially confirme

Marketing 114
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Cyber Civil Rights Initiative Files Common Sense Brief in Major Section 230 Case

The Illusion of More

In my recent post about Gonzalez v. Google—the Section 230 case granted cert by the Supreme Court—I expressed the view that the word “recommendation” is too charming to describe the interaction between social media algorithms and many users’ experiences. Systems capable of reinforcing suicidal ideations in a teenager or stoking violent instincts in a potential […].

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Conflicting Terms of Service Provisions Undermine Arbitration Clause–Suski v. Coinbase

Technology & Marketing Law Blog

Coinbase launched “Dogecoin promotion” sweepstakes in 2021. Users sued Coinbase and its marketing agency, asserting claims under state law. Coinbase sought to send the case to arbitration, but there was a possible conflict in the governing TOSes. Coinbase’s standard terms required consumers to arbitrate their disputes with Coinbase. However, the terms accompanying the Dogecoin sweepstakes offer contained an exclusive forum selection clause, requiring resolution of disputes in California courts.

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Navigating Open Source Pitfalls in Transactions

JD Supra Law

With technology deals increasingly involving open source software (OSS), clients are seeking our help analyzing OSS licenses, developing open source policies and negotiating contract terms for open source. In this episode, partner Paul Chandler and host Julian Dibbell discuss how OSS is impacting deals and how to address and mitigate the legal risks.

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Australia Launches Copyright Enforcement Review & Consultation

TorrentFreak

Over the past five years the Australian Government has committed significant resources to several copyright-related initiatives , not least the Copyright Amendment (Online Infringement) Act 2018. In preparation for 2023 and beyond, the government wants to determine whether enforcement measures available under existing copyright law remain appropriate, effective and proportionate.

Copyright 109
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What I’ll Be Watching in 2023

The Illusion of More

T’is the week for year-in-review and/or looking-ahead articles. In that spirit, I recommend posts by Devlin Hartline, Hugh Stephens, and Aaron Moss. And here’s my list with commentary for your consideration: AWF v. Goldsmith Everyone in copyright world will be waiting, like Ralphie expecting his decoder ring, for the decision in this case. The highly […].

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My Trustcon 2022 Keynote Talk

Technology & Marketing Law Blog

In September, I attended Trustcon , the first annual membership conference for the Trust & Safety Professional Association (TSPA), followed by Stanford Internet Observatory’s first Trust & Safety Research Conference (co-sponsored by the Trust & Safety Foundation). For more on Trustcon, see the TSPA recap. * * *. At Trustcon, I delivered a closing keynote talk.

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Federal Court of Appeal dismisses appeal challenging amended basket of comparator countries in PMPRB Regulations

JD Supra Law

On December 5, 2022, the Federal Court of Appeal (FCA) dismissed Innovative Medicines Canada (IMC) and sixteen innovative pharmaceutical companies’ appeal regarding the validity of the amended basket of comparator countries in the Patented Medicines Regulations: Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 (Appeal Decision).

Patent 98
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U.S. Marshals Will Sell Pirate IPTV Owner’s House, ‘Only’ $99m Still to Pay

TorrentFreak

Some players in the pirate IPTV market view subscription sales as little more than a side hustle, one that brings in a few dollars here, and a few dollars there. No big deal. That may well be the case but elsewhere in the chain, people are making serious money. Bill Omar Carrasquillo, aka Omi in a Hellcat, openly admits that he made multiple tens of millions from his service, Gears TV.

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Companies versus their fans

Likelihood of Confusion

Walter Olson: The famous maker of candies and candy-dispensers is suing the owners of the Burlingame Museum of Pez Memorabilia in Northern California, claiming that its venture into Pez homage, The post Companies versus their fans appeared first on LIKELIHOOD OF CONFUSION™.

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Semantic Search vs. Keyword Search

Velocity of Content

Ever tried searching for medical papers using a standard search engine? Happy with results you get? Probably not. There are serious limitations to using keyword search in the pharmaceutical industry. Imagine you were looking for papers featuring the enzyme type ‘GSK’. Using a generic search engine, you would get articles that mentioned ‘glycogen synthase kinase’, as well as articles about the company ‘GlaxoSmithKline’ – which is not particularly relevant to your search here.

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Federal Court rejects pre-trial determination of a question of law about the nature of the section 8 but-for world

JD Supra Law

As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (422 patent) – which relates to treatment of prostate cancer in humans by co-administration of abiraterone acetate (Janssen’s ZYTIGA) and prednisone – invalid in actions under the Patented Medicines (Notice of Compliance) Regulations (Regulations) against Apotex, Dr.

Law 95