07 August

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Embedding Images Can Infringe Copyrights

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On December 7, 2020, in the Southern District Court of Manhattan, Paul Nicklen and Cristina Mittermeier filed a complaint against a host of defendants too numerous to list here accusing the defendants of “embedding and/or displaying Plaintiff Nicklen’s Video and, in four instances, Plaintiff Mittermeier’s photo. The case is styled: “Nicklen v. Sinclair Broadcast Group – 1:20-cv-10300.” The complaint was subsequently amended on December 10, 2020. “Paul Nicklen a resident and domiciled in Canada is an iconic, renowned Canadian photographer, filmmaker and marine biologist. Nicklen's work is regularly featured in National Geographic Magazine, the New York Times, and many other publications...

29 June

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Copyright Office Begins Period of Petitioning for Exemptions to Section 1201 of the DMCA

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“[T[he Copyright Office indicated that it continues to support changes that were outlined in the 2017 Section 1201 report… Given the Senate IP Subcommittee’s focus on DMCA modernization in recent months, it’s possible that proposed fixes to Section 1201 could gain new traction before the new round of Section 1201 temporary exemptions goes into effect.” On June 22, the U.S. Copyright Office published a request for petitions in the Federal Register, which officially kicked off the eighth triennial rulemaking process for temporary exemptions to Section 1201 of the Digital Millennium Copyright Act (DMCA). While Section 1201 generally prohibits the circumvention of technological protection measures...

29 June

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How to name your business in the digital age?

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Before we answer that question, let’s explore some fundamental. What’s in a name? For starters, “naming” goes back to Biblical times when God brought the animals to Adam to name the animals. Gen 2:19. Some Biblical commentators posit that having the man name the animals is another way of giving him responsibility to rule, subdue, and care for the animals. It is more than folklore to name something, someone. It is a significant and important milestone. Even more so today with the advent of the Internet, which brings about domain names among other things. As for the name of your business,...

28 May

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DC Attorney General Launches Antitrust Suit Against Amazon

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On Tuesday, May 25, 2021, DC (District of Columbia) Attorney General Karl Racine launches antitrust suit against Amazon. The suit accuses the company of stifling competition through Market place pricing requirements involving its e-Commerce platform. Amazon, an e-commerce giant, is accused of suppressing competition by placing strict conditions on what third-party sellers (TPS) can do outside of the company’s platform. “Amazon’s policies have prevented competing platforms, including sellers’ own websites, from competing on price and gaining market share,” Racine said in a press call. “The loss of competition results in less innovation.” The lawsuit styled District of Columbia v. Amazon.com, Inc., is filed for...

12 August

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Other Barks & Bites for Friday, June 12: USPTO Provides Relief for Restoring Priority/ Benefit Rights; China Reducing Patent Pendency; CJEU Says Copyright Can Cover Functional Shapes; Tillis Questions Internet Archive on Copyright Concerns

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Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites: USPTO announces relief under the CARES Act for restoring priority/ benefit rights; the CJEU has ruled that “functional shapes” are eligible for copyright protection if they are original works; China’s IP agency releases its annual budget including details on reducing patent pendency times to nearly seven months shorter than the USPTO; the Second Circuit finds a commercial activity exception to the Welsh government’s sovereign immunity defense against copyright infringement; Google creates takedown form for search results leading to counterfeits; the...

30 June

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The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks

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“If ‘Booking.com’ were generic, we might expect consumers to understand Travelocity—another such service—to be a ‘Booking.com.’ We might similarly expect that a consumer, searching for a trusted source of online hotel-reservation services, could ask a frequent traveler to name her favorite ‘Booking.com’ provider. Consumers do not in fact perceive the term ‘Booking.com’ that way, the courts below determined.” – SCOTUS decision in Booking.com The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods or services only if the term has that meaning to consumers.” The opinion was delivered...

30 June

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Intellectual Property and Bankruptcy: The IP Value Proposition that Startups Should Not Overlook During Financial Distress

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The global economic recession associated with COVID-19 is unmatched by anything aside from the Great Depression. During these times of financial distress, technology companies will benefit by paying particular attention to the value of their patent portfolio The international economic disruption caused by COVID-19 presents unprecedented challenges. Thriving tech startup companies worth millions in January might find themselves struggling to stay afloat today. This article highlights the value of intellectual property (IP) that companies – particularly small companies without an IP department – can sometimes overlook in times of financial distress. The policy goals behind IP rights are at odds with the goals of bankruptcy...

30 June

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Eighth Circuit Finds ‘Hot Pocket’ Patents Were Not Fraudulently Obtained

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“[T]he circuit court explained that there was no need to determine whether the prior sales were material because Inline did not present clear and convincing evidence that any Graphic employee who owed a duty of candor to the USPTO ‘knew that the prior sales were material [and] deliberately chose not to disclose them.’” On June 18, the U.S. Court of Appeals for the Eighth Circuit (the circuit court) affirmed the district court’s grant of summary judgment in Inline Packaging, LLC v. Graphic Packaging International, LLC, holding that the district court properly concluded that there was no genuine dispute of material fact regarding...

29 June

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This Week in Washington: Digitized Payment Systems, Operation Warp Speed and Changing American Tech

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This week in our nation’s capital, the Senate Banking Committee holds a hearing on introducing decentralized ledger technologies into government payment systems while the Senate Labor Subcommittee looks at Operation Warp Speed’s progress on developing a COVID-19 vaccine. Over in the House of Representatives, the House Rules Committee will look at amendments to the INVEST in America Act, a major transportation infrastructure bill which earmarks federal funding for mobility innovation programs. Elsewhere, New America looks at the impact that the year 2020 will have on the world of big tech while the Center for Strategic & International Studies discusses Main...

29 June

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Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious

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“The CAFC explained that ‘[w]hile antecedent basis alone is not determinative of whether a preamble is limiting, use of preamble terms to define positive limitations in the body of claims can evince an inventor’s intent that the preamble limit the scope of the claim.’” On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) in Shoes By Firebug LLC v. Stride Rite Children’s Group, LLC, wherein the CAFC held that the PTAB did not err in...

Embedding Images Can Infringe Copyrights

Copyright Office Begins Period of Petitioning for Exemptions to Section 1201 of the DMCA

How to name your business in the digital age?

DC Attorney General Launches Antitrust Suit Against Amazon

Other Barks & Bites for Friday, June 12: USPTO Provides Relief for Restoring Priority/ Benefit Rights; China Reducing Patent Pendency; CJEU Says Copyright Can Cover Functional Shapes; Tillis Questions Internet Archive on Copyright Concerns

The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks

Intellectual Property and Bankruptcy: The IP Value Proposition that Startups Should Not Overlook During Financial Distress

Eighth Circuit Finds ‘Hot Pocket’ Patents Were Not Fraudulently Obtained

This Week in Washington: Digitized Payment Systems, Operation Warp Speed and Changing American Tech

Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious

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