Sat.May 04, 2024 - Fri.May 10, 2024

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The Difficult Nuance of Plagiarism

Plagiarism Today

Plagiarism is a complicated and nuanced topic. However, that nuance is often lost when it becomes a matter of public interest. The post The Difficult Nuance of Plagiarism appeared first on Plagiarism Today.

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Trade Secret Protection: What is It?

Erik K Pelton

The following is an edited transcript of my video What is Trade Secret Protection? There are numerous different types of intellectual property, such as trademarks, copyrights, and patents. Another type of intellectual property is trade secrets, such as the formula for Coca-Cola, or the original recipe for Kentucky Fried Chicken. These examples of intellectual property are protected because they have been kept secret, which makes them different from trademarks, copyrights, and patents in several

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The Economics of Copyright: Incentives and Rewards (It’s Important to Get them Right)

Hugh Stephens Blog

Image: Shutterstock Two years ago, in April 2022, the US Copyright Office (USCO) appointed its first Chief Economist, Dr. Brent Lutes. Many national Intellectual Property Offices have such a position, e.g, UK IPO, IP Australia, EUIPO, and WIPO. (Notably, Canada’s Intellectual Property Office–CIPO–does not).

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Subscene’s Demise is No Surprise But Millions of App Users Face Disruption

TorrentFreak

After two decades online and maybe even a few more under Divxstation branding right at the beginning, veteran subtitle download site Subscene.com has finally thrown in the towel. In various guises, linked to specific geographic regions, perhaps as many as 50 domains can be linked to Subscene over the past twenty years. At a time when legal streaming services didn’t even exist, Subscene offered subtitles for large libraries of movies and TV shows in multiple languages.

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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 AI Makes Copyright Registration More Important

Plagiarism Today

For most creators, copyright registrations aren't practical. However, AI may give some a reason to change their mind. The post Why AI Makes Copyright Registration More Important appeared first on Plagiarism Today.

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25 Names You Won’t Believe Are Registered Trademarks and Not Generic

Erik K Pelton

Erik shares 25 commonly used names that are actually registered trademarks in this episode. Some of them may surprise you! The post 25 Names You Won’t Believe Are Registered Trademarks and Not Generic appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 commonly used names that are actually registered trademarks in this episode.

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Control of medicine prices

Olartemoure Blog

Circular 18 of 2024 was issued by the National Commission for Medicine’s and Medical Devices prices (NCMMDP) to modify the methodology for the control of medicines prices which was originally contained in Circular 03 of 2013. The mentioned methodology can be summarized in the following six stages: Relevant Market Definition. All products with the same active pharmaceutical ingredient (defined through its Non Proprietary Name-INN); the same strength, the same “grouped” Pharmaceutical Dosage Form

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Yet Another NFT Copyright Failure

Plagiarism Today

Yuga Labs announced a new commercial NFT venture. However, the works involved were already placed in the public domain. The post Yet Another NFT Copyright Failure appeared first on Plagiarism Today.

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Pirate Site Owners Must Surrender, Informants Get Five-Figure Reward

TorrentFreak

Anti-piracy outfits come in all shapes and sizes and due to the nature of the business, there has been no shortage of controversies over the years, some justified and others less so. More recently, a strategy that has been seen only a handful of times before, has been playing out on social media. Protecting the interests of South Korean company Kakao Entertainment, the company’s ‘P.CoK’ anti-piracy unit has been engaging friend and foe alike, hoping to suppress piracy of local

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Amazon Looks Ready to Brawl Over ‘Road House’ Copyright Termination

Copyright Lately

Amazon and MGM Studios raise the stakes in a copyright termination fight over the Road House reboot, claiming that writer Lance Hill’s use of a loan-out corporation prevents him from recapturing the copyright in the original screenplay. MGM Studios and its parent company, Amazon Studios, are punching back against a copyright infringement lawsuit filed by R.

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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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[Video] John Harmon on the Evolving Impact of Artificial Intelligence on Intellectual Property

JD Supra Law

John Harmon is a shareholder in both the Mechanical and Chemical & Materials Technologies Practices at Wolf Greenfield. He represents clients in industry and academia in a wide range of technologies related to the mechanical, materials, and chemistry fields. One area of particular interest these days is the evolving impact of artificial intelligence (AI) on intellectual property matters.

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3 Count: Shark Bite

Plagiarism Today

Judge denies new trial in Kat Von D case, Sony sends notice over Shark Tank India clips and Musi raises questions about legality. The post 3 Count: Shark Bite appeared first on Plagiarism Today.

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The Law Bytes Podcast, Episode 202: David Soberman on the Reality Behind Claims Canadian Wireless Prices Have Been Cut in Half

Michael Geist

Prime Minister Justin Trudeau recently claimed that “ we’ve cut the cost of cell phone plans in half since 2019 – in part by increasing competition.” Is that true? What is the real state of Canadian wireless competition and how does pricing compare with other countries? To help answer those questions, this week David Soberman , a Professor of Marketing at the Rotman School of Management at the University of Toronto and the Canadian National Chair of Strategic Marketing joins the Law Bytes

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Understanding Eligibility for Short-Term Disability Benefits in Ontario 

Nelligan Law

Reading Time: 2 minutes If you’re facing a temporary health issue in Ontario, knowing how to navigate the short-term disability benefits landscape is crucial. This blog will help you understand the qualifications for short-term disability benefits, the process, and what’s needed to access the support required during a temporary setback in your health.

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Do You Own Your Social Media Account? Minding Your Intellectual Property Rights

JD Supra Law

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights prepared by our seasoned attorneys. This month, we are discussing ownership and proprietary rights to social media accounts.

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3 Count: Counterpunch

Plagiarism Today

MGM hits back in lawsuit over Road House script, DC Circuit skeptical about DMCA challenge and diss tracks freed of copyright restrictions. The post 3 Count: Counterpunch appeared first on Plagiarism Today.

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The 7 Habits of Highly Effective… Pirates?

TorrentFreak

Last summer, Lithuania amended its Code of Administrative Offenses , allowing media watchdog LRTK to fine pirates, without going to court. This legislative change is the latest attempt to deter piracy in the European country. The potential fines should make pirates reconsider their habits, the thinking was. Tracking Torrent Trackers Over the past several months, dozens of fines were handed out.

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Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements

SpicyIP

One of the seemingly under-discussed aspects of the Delhi High Court’s decision in Sun Pharma v. Dabur India is the Court’s passing comments on the responsibility to serve the Counter-Statement in trademark prosecution. Passed on February 9, 2024, the High Court Ruling clarified that the deadline to file evidence in opposition cannot be extended by the discretion of the Registrar.

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How Founders Can Get Paid (and Keep the Cash): A Practical Guide

JD Supra Law

Understanding market trends and effective planning strategies can yield improved financial results for start-ups and growth companies. Starting your start-up. What type of entity you form impacts your taxes, which hits your bank account both immediately (quarterly taxes) and in the long term (at exit). A C Corporation(c-corp) is taxed on income (currently at historically low rates), and if income is paid to shareholders (as dividends), shareholders are also taxed.

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3 Count: Nintendo Wipeout

Plagiarism Today

Nintendo wipes out more than 8,500 repos on GitHub, UK Lords pressures the government to act on AI, and YouTuber praises Kendrick Lamar. The post 3 Count: Nintendo Wipeout appeared first on Plagiarism Today.

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Z-Library Confusion as ‘Official’ Social Media Announces Crackdown in China

TorrentFreak

Any pirate site operating at scale risks negative attention from the authorities and once governments get involved, any movement in pressure is likely to be in an upwards direction. Considering Z-Library’s well-publicized issues with the United States government, including a criminal indictment in New York, the seizure of hundreds of domains, and the site’s subsequent return online, things seem to be going remarkably well.

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Judge Limits Valve's Arguments In Controller Patent Fight

IP Law 360

A federal judge in Seattle has partly granted a bid from Ironburg Inventions Ltd. to block Valve Corp. from raising certain arguments when challenging a video game controller patent at district court based on estoppel rules from the Patent Trial and Appeal Board.

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Battery Technology Trade Secret Theft Runs Out of Juice

JD Supra Law

A recent complaint alleging trade secret misappropriation in the Eastern District of New York demonstrates the importance of combing an alleged trade secret misappropriator’s social media for subtle – and not-so-subtle – evidence of their wrongdoing. The United States has charged Klaus Pflugbeil and Yilong Shao with conspiring to convey a trade secret without authorization within the Eastern District of New York.

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Outsourcing Patent Enforcement: You May Get What You Pay For

IP Watchdog

Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party. They may do so by availing themselves of programs operated by middlemen such as Amazon, which can potentially cripple a competitor with the threat of removal from Amazon.com, while the patentee can claim to be immune from a declaratory judgme

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[UPCKat] Preliminary injunctions in the UPC: Edwards Lifesciences v Meril

The IPKat

UPCKat keeping warm on a stack of UPC awarded costs As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte , Hiske Roos and Laura Mikkelsen and members from the team at Carpmaels we continue the journey, this time visiting the Munich Local Division back in December 2013 on the issue of cos

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Section 230 Preempts Product Design Claims–Lama v. Meta

Technology & Marketing Law Blog

The court summarizes: Plaintiff alleges that Defendants failed “to implement a child protective procedure whereby parents, school personnel, and other children[-]responsible persons would be able to protect against online bullying wherein the defendants’ products were foreseeably weaponized to facilitate online bullying,” and that, as a result of this failure, Plaintiff was harmed when he was subjected to hateful and bullying comments that were made about him on the “nrcs.anythings” Instagram ac

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New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

JD Supra Law

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey fans are now aware that the Coyotes will be relocating to Salt Lake City.

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Patenting Informational Innovations: IOEngine Narrows the Printed Matter Doctrine

Patently-O

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. IOEngine, LLC v. Ingenico Inc. , 2021-1227 (Fed. Cir. 2024). In this decision, the Federal Circuit partially reversed a PTAB invalidity finding against several IOEngine patent claims.

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Never Too Late: If you missed the IPKat last week!

The IPKat

If things are finally looking up after a very busy week (and hopefully, a May Day long weekend), here's the summary of what you missed. Trade Marks Things are looking up! Image from Pixabay. Alessandro Cerri discussed the recent decision ( T-157/23 ) which found that a trade mark's reputation is acquired progressively, and lost gradually, such that evidence from some time before or after the date of assessment can still be of relevance.

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CAFC Remands I-FIT FLEX Opposition at Request of USPTO for Re-consideration of First and Second DuPont Factors

The TTABlog

On motion of the USPTO Director as intervenor [pdf here ], the CAFC remanded to the Board its decision in Icon Health & Fitness, Inc. v ERB Industries, Inc. , Opposition No. 91264855 (June 27, 2003) [pdf here ], because the USPTO raised "legitimate concerns about the Board’s findings on the relatedness between ERB’s goods and iFIT’s services and also wishes to reconsider the decision in light of Naterra International, Inc. v.

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The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - April 2024

JD Supra Law

This week, the FTC continued its intense regulatory focus on pharmaceutical patents listed in the FDA’s Orange Book. As reported in earlier editions of The Interplay, the FTC issued a policy statement in September 2023, opining that improper listings in the FDA’s “Approved Drugs with Therapeutic Equivalence Evaluations” (the “Orange Book”) may impede competition from cheaper generic alternatives and keep branded drug prices artificially high.

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Infographic | How to protect packaging with IP

Olartemoure Blog

In the competitive market, protecting the packaging design of products is highly important. Let’s talk about three intellectual property ways that can be used to protect your packaging. Each method provides unique benefits and protections. How can I protect designs with copyrights? Whether it’s an elaborate label design with vibrant colors or a characteristic illustration on your product packaging, copyrights protect the visual elements that make your product truly distinctive.

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online ingredients list can't avoid deception claim, at least where survey suggests deception

43(B)log

Duncan v. Kahala Franchising, L.L.C., F.Supp.3d -, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold Stone Creamery’s] establishments expect that that product will contain actual pistachios?” Because it doesn’t, the consumer protection claim survives.

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Looks are not everything… even in design matters.

The IPKat

Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. In a recent judgment, the General Court emphasized that the actual use of the product in which the design is incorporated is an important factor in determining which features of the design are of particular relevance for the informed user (case T-654/22 ).

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Moonlighting: When Should I Quit My Day Job?

JD Supra Law

A founder’s eureka moment may come at any time, and commonly occurs while employed by another company. Sometimes the kernel of an idea is a result of something the founder encounters in their day job—an ancillary problem that they want to solve, or an issue that arises time and again and for which there is not a useful or practical solution.

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