Mon.Oct 14, 2024

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25 Ways to Avoid Trademark Scams

Erik K Pelton

The following is an edited transcript of my video 25 Ways to Avoid Trademark Scams. Know that everything you file related to a trademark at the USPTO is in the public records. Use an attorney for many reasons when you’re filing a trademark application, but one of the valuable reasons is they can give you guidance about scams and they can act as a buffer by being the primary contact.

Trademark 130
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Evidence of Increasing Scams Targeting Trademark Applicants - and What Can Be Done

JD Supra Law

In a guest article, Venable's Rebecca Liebowitz, Andrew D. Price, and Samantha J. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients.

Trademark 101
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Can you photograph a copyright-protected wallpaper without the right holder’s explicit consent? Yes, says the German Supreme Court

The IPKat

If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German Supreme Court recently decided this question in three parallel cases ( I ZR 139/23 , I ZR 140/23 and I ZR 141/23 ).

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G7 Competition Authorities, Including DOJ and FTC, Release Joint Statement on AI Competition — AI: The Washington Report

JD Supra Law

On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges. The summit culminated in the release of a Digital Competition Communique, outlining the authorities’ shared concerns about competition risks in the AI ecosystem and joint commitments around safeguarding and promoting competition in the ecosystem.

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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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The Most Important Issues Facing the IP Industry | IPWatchdog Unleashed

IP Watchdog

This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.

IP 64
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False Claims of Patent Protection Can Be False Advertising Under Lanham Act

JD Supra Law

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim.

More Trending

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Federal Circuit Review - September 2024

JD Supra Law

Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two abstract ideas does not make either less abstract, and conventionality can be analyzed at both steps of the Alice test.

Patent 68
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[Guest post] Flat rates supported by clauses on universality of repertoire in contracts between CMOs and users are anti-competitive, says Spanish Competition Authority

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Lucius Klobučník (Aston University) on a recent decision of the Spanish Competition Authority regarding the compatibility of certain rates charged by collective management organizations (CMOs) with the prohibition of abuses of dominant position. Here’s what Lucius writes: Flat rates supported by clauses on universality of repertoire in contracts between CMOs and users are anti-competitive, says Spanish Co

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Read the Fine Print: Federal Circuit Vacates Dismissal of Patent Infringement Claims Based on an Express License, Where Some Transactions Could Fall Within the Scope of the Claims Yet Remain Unlicensed

JD Supra Law

Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent claims, but outside the scope of the license. .

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SpicyIP Weekly Review (October 7-October 13) 

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

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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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Will the Federal Circuit Bring the Hammer Down on Big Damages Claims?

JD Supra Law

On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case. The case, EcoFactor Inc. v. Google LLC, 104 F.4th 243 (Fed. Cir. 2024), relates to patent damages and has the potential to tighten the reins on damages experts and provide more clarity for district court judges when deciding whether to exclude an expert’s damages testimony.

Patent 65
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Artist Rights Institute: Estimated 2025 Inflation Adjustment for Physical and Vinyl Mechanicals

The Trichordist

The fight over frozen mechanicals continues to pay off as songwriters log another cost of living increase for physical/downloads while streaming falls farther behind.

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District Court in 9th Circuit Finds That Heightened Pleading Standard Applies to All Prongs of False Patent Marking Claim

JD Supra Law

The Central District of California ruled that the heightened pleading standard of Federal Rule of Civil Procedure Rule 9(b) applies to all three prongs of a false patent marking claim, including the third prong, competitive injury. In doing so, it took a clear stand on an issue with a nationwide split among district courts.

Patent 65
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USPTO Tweaks PTAB AIA-Trial Counsel Rules; NO Major Overhaul

Patently-O

by Dennis Crouch The USPTO has issued final rules aimed at expanding opportunities for practitioners to appear before the Patent Trial and Appeal Board (PTAB). The rules, which go into effect on November 12, 2024, make several changes to the requirements for counsel in AIA-trial proceedings. However, the final rules do not go as far as some had proposed in allowing non-registered practitioners to take lead roles.

Patent 40
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PTAB Grants Institution of Eight IPRs challenging The Johns Hopkins University Pembrolizumab Patents

JD Supra Law

Earlier this year, Merck Sharp & Dohme, LLC (“Merck”) requested inter partes review (“IPR”) of a number of patents owned by the Johns Hopkins University (“JHU”).

Patent 62
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Making Tall Claims: Amendments u/s. 59

SpicyIP

Image from here In JFC Steel Corporation v. The Controller of Patents , the appellant was challenging the Controller’s decision to refuse the patent application (279/DEL/2015) for lack of inventive step u/s. 2(1)(ja). The patent application related to a “method of activating a continuous annealing furnace for continuously annealing steel sheets”, thereby shortening the time period taken to stabilize the dew point of the in-furnace atmosphere.

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Rightsholders Seek U.S. Help to Collect $1.4 Million Piracy Judgment Against Cloudflare

TorrentFreak

Popular Internet infrastructure service Cloudflare has come under pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. These pirate sites have proven to be quite a headache for Cloudflare. For example, rightsholders continue to complain that the company helps pirates conceal their hosting locations and identities, as was made clear again in recent submiss

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RightFind Curriculum: A Comprehensive Copyright Licensing Solution for K-12 Education

Velocity of Content

In the evolving landscape of K-12 education, the demand for high-quality, culturally responsive content has never been greater. EdTech and curriculum development companies as well as educators are increasingly tasked with personalizing curriculum and lessons to meet diverse student needs. However, with this demand comes the challenge of navigating copyright laws and securing permissions for the use of educational materials.

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Court Revives Indiana AG’s False Advertising Case Against TikTok–State v. TikTok

Technology & Marketing Law Blog

This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to China. The lower court dismissed the case. The appeals court revives it. Statutory Application to “Free” Exchanges The lower court held that the state consumer protection statute didn’t apply to TikTok because the app was downloadable for

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Pre-Game Quiz Controversy

BYU Copyright Blog

Pre-Game Quiz Controversy Sports,University Audrey Vengesai October 14, 01:08 PM October 14, 01:08 PM On October 21, 2023, a packed and nationally televised football game between two known rivals, Michigan State University (the "University") and the University of Michigan, took an unexpected turn as a typical pregame show turned into a legal quagmire.

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Unsportsmanlike Conduct; 15 Yard Penalty, Pay $150,000

BYU Copyright Blog

Unsportsmanlike Conduct; 15 Yard Penalty, Pay $150,000 University,Sports Joshua Potter October 14, 01:22 PM October 14, 01:22 PM In August 2024, Carilius Media ("Carilius"), a small media company based in the Columbia, filed a lawsuit against Michigan State University ("MSU") for allegedly infringing its copyright in a YouTube video containing quiz questions.