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September 2017
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Videology Saves Advertisers Billions, Blocking Beaucoup Bots; Braavo Capital Closes $70M to Fuel Mobile App Growth; More

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Videology Saves Advertisers Billions of Dollars Using White Ops, Blocking Over 500 Billion Bot Requests in Past Three Years. Blocked Bot Requests on Track to Top 1 Trillion by Q1 2018. Videology, a software provider for converged TV and video advertising, announced that the company has blocked about 550 billion fraudulent bot requests - and [...]

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posted at: 12:00am on 20-Sep-2017
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Chrome Announces Unified Autoplay-What does it really mean for your ad?

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Autoplay will only be allowed when the media itself doesn't include sound, or when the user has indicated an interest in the media. The following was posted on the Chromium blog on September 14. Users watch and listen to a lot of media, and autoplay can make it faster and easier to consume on the [...]

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posted at: 12:00am on 20-Sep-2017
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Court Allows San Diego Comic-Con's Suit Against The Salt Lake City Comic Con To Move Forward

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A few months ago, we alerted our readers that a trademark dispute between the San Diego Comic-Con and a company producing a Salt Lake City Comic Con, originally filed in 2014, was still going on. In fact, the district court hearing the case just recently ruled on several motions from both parties, including motions for judicial notice (essentially having the court affirm basic facts about the case), motions to exclude expert testimony, and motions for summary judgement. On the face of it, the news is mostly bad for the Salt Lake City convention, with nearly every ruling coming down against it. However, digging into the ruling itself, there is a light at the end of the tunnel.As for the bad news, it seems to be mostly of the Salt Lake City Comic Con's own making, or the making of its legal team. The court points out that the defendant's lawyers motion and defenses are all over the place, in some places arguing for generecide -- or that "comic con" has become a generic term -- while in others arguing that "comic con" is generic ab initio -- or that the term was generic even prior to San Diego Comic-Con's initial use of it. It's an important distinction for a couple of reasons, including that the defenses SLC has stated it will make revolve around genericide, yet much of the evidence in the motions in this ruling revolve around generic ab initio and, more importantly, the 9th Circuit doesn't have any precedent or acknowledgement of generic ad initio as a matter of law, and this district court is governed by 9th Circuit precedent.

Unfortunately for Defendants, the Ninth Circuit has not recognized a genericness ab initio theory of defense. Instead, the Ninth Circuit very clearly states that there are only five categories of trademarks: (1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; and (5) fanciful. KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 408 F.3d 596, 602 (9th Cir. 2005). No case law from this circuit separates genericness into two different types nor have Defendants provided the Court with Ninth Circuit precedent that adopts their arguments. Accordingly, as there is no dispositive basis or Ninth Circuit jurisprudence to accept an argument revolving around a generic ab initio defense, the Court GRANTS Plaintiff’s motion for summary judgment on this contention.
So, yeah, not a real good look on the part of the SLC's legal team. Later in the ruling, the court goes on to rule against SLC's motion for summary judgement, which was essentially asking the court to rule that "comic con" is now a generic term. The court declined to do so, moving the case forward. But it's important to note that the court, in a ruling that otherwise dealt somewhat harshly with SLC's lawyers, makes a point of noting that it did not deny the motion because Salt Lake City doesn't have the facts on its side. Instead, the court notes that in motions like this, favorable weight is generally given both to the plaintiff and to any holder of a valid trademark (the plaintiff again, in this case), and that's what precludes the court from granting a summary judgement. The ruling goes on to state:
After a careful review of the parties’ moving papers, the applicable law, and the evidence on the record, the Court finds that Defendants have satisfied their burden of demonstrating a genuine issue of material fact as to genericide. “Federal courts [] view usage of [a] term by competitors in the industry as strong evidence of how the public perceives them.” Classic Foods Int’l Corp. v. Kettle Foods, Inc., 468 F. Supp. 2d 1181, 1190 (C.D. Cal. 2007). “The more members of the public see a term used by competitors in the field, the less likely they will be to identify the term with one particular producer.” Id. Here, Defendants produce evidence that demonstrates that “comic cons” are held in nearly every state of the United States including New York Comic Con, Amazing Arizona Comic Con, Emerald City Comic Con, and Tampa Bay Comic Con. (Doc. No. 223-1 at 39, 101, 129, 160.) This evidence of over 100 competitors using the unhyphenated form of Plaintiff’s trademark strongly suggests that the mark is generic. Consequently, this is persuasive evidence of genericide. See CG Roxane LLC v. Fiji Water Co. LLC, 569 F. Supp. 2d 1019, 1027 (N.D. Cal. 2008) (holding that a competitors use of a mark is compelling evidence of genericness as it reflects how the public identifies the term).
Due to that, the court denied San Diego Comic-Con's motion to deny SLC that defense. So, when the trial moves forward now, it should be clear exactly what the defense by Salt Lake City will be: generecide. Given this ruling's opinion of the facts on that question, it appears that defense will be quite strong.It's something of a canary in the coal mine for the SDCC, in other words. I somewhat expect we'll now hear more talks of a settlement before this goes much further.

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posted at: 12:00am on 20-Sep-2017
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HP Brings Back Obnoxious DRM That Cripples Competing Printer Cartridges

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Around a year ago, HP was roundly and justly ridiculed for launching a DRM time bomb -- or a software update designed specifically to disable competing printer cartridges starting on a set date. As a result, HP Printer owners using third-party cartridges woke up one day to warnings about a "cartridge problem," or errors stating, "one or more cartridges are missing or damaged," or that the user was using an "older generation cartridge." The EFF was quick to lambast the practice in a letter to HP, noting that HP abused its security update mechanism to trick its customers and actively erode product functionality.HP only made matters worse for itself by claiming at the time that it was only looking out for the safety and security of its customers, while patting itself on the back for being pro-active about addressing a problem it caused -- only after a massive consumer backlash occurred.Fast forward almost exactly one year, and it looks like HP hasn't learned much from the Keurig-esque experience. The company this week released a new software update for the company's OfficeJet 6800 series, OfficeJet Pro 6200 series, OfficeJet Pro X 450 series, and OfficeJet Pro 8600 series printers. One of the major "benefits" of the update? Printer cartridges from competing manufacturers no longer work. Again:

According to ghacks.net, a new firmware update for HP Officejet printers released yesterday appears to be identical to the reviled DRM update released exactly one year ago. When you try to use third-party ink after installing the new/old firmware, you apparently run into an error that says One or more cartridges appear to be damaged. Remove them and replace with new cartridges. Depending on how many cartridges your specific printer uses, it may be possible to insert one or two without getting an error. But it seems when all of the ink cartridge slots are filled up, the warning message will be displayed again.
Just like a year ago, this restriction is being foisted upon consumers under the guise of a security update, powered by a service HP calls its "Dynamic Security" platform. Fortunately, consumers have several paths to avoid dealing with this nonsense. Customers can head to the HP support website and download an alternate firmware without the Dynamic Security platform embedded (something that HP knows most users won't do, and which places the onus for remedying HP's bad behavior on the end user). Users then have to block HP's automatic update functionality to prevent this firmware from being installed automatically (at the cost of useful updates).There's probably an easier, more elegant solution: stop buying HP printers until the company realizes that eliminating device functionality under the pretense of security is obnoxious bullshit.

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posted at: 12:00am on 20-Sep-2017
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