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3 Count: Partly Sonny (and Cher)

Plagiarism Today

A judge sides with Cher in a royalty dispute, UK businesses are hit with damages over unlicensed sports, and the Reggaeton lawsuit continues. The post 3 Count: Partly Sonny (and Cher) appeared first on Plagiarism Today.

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Erik K Pelton - Untitled Article

Erik K Pelton

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: PTO–T–2022–0034 Comments of Erik M. Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. Pelton & Associates, PLLC ® (“EMP&A”), in response to the Notice of Proposed Rulemaking, published on March 26, 2024, in the Federal Register at 89 Fed.

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence: Issues Affecting Creators, Writers and Artists

JD Supra Law

In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models.

IP 131
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Why Months of Jewish Discrimination and the Normalization of Antisemitism on University Campuses Must Stop

Michael Geist

This weekend, two people approached a Jewish girls elementary school in Toronto and fired multiple gun shots. There was no one present at the school at the time, but the shooting will only heighten the fears of a Canadian Jewish community that has now experienced multiple shootings at schools and community centres, attacks on students, and vandalism at Jewish businesses and homes.

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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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Former USPTO Officials Urge Vidal to Immediately Withdraw NPRM on Terminal Disclaimers

IP Watchdog

On May 28, a group of five former Directors, Deputy Directors and Patent Commissioners at the U.S. Patent and Trademark Office (USPTO) sent a letter addressed to current USPTO Director Kathi Vidal in opposition to a rule package on terminal disclaimer practice proposed earlier this month. This group of highly-ranking former government officials join a growing chorus of voices who are concerned by the apparent overreach of the nation’s patent granting agency into substantive rulemaking that would

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Australian Business Accused of Plagiarizing a Whole Store

Plagiarism Today

An Australian business has sparked an unusual plagiarism controversy. It's accused of copying a store that's just a short walk away. The post Australian Business Accused of Plagiarizing a Whole Store appeared first on Plagiarism Today.

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Copyright, Upcycling, and the Human Right to Environmental Protection

Kluwer Copyright Blog

Photo by Dinh Pham on Unsplash As the environmental crisis escalates due to overproduction and overconsumption, there is an increasing recognition of the urgent need for environmental consciousness and a shift towards a sustainable, circular economy (see, in the intellectual property context, Pihlajarinne & Ballardini (2020) , Senftleben (2023) , Calboli (2024) ).

Copyright 113
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This is Who We Are Now

Michael Geist

There was another shooting at a Jewish school in Montreal yesterday, which led to what has become the Canadian version of “thoughts and prayers”, namely a politician lamenting that “this isn’t who we are.” But months of escalating antisemitism make it clear that this is exactly who we are. Just this week, there were shootings at two Jewish schools in Canada, testimony at an Ottawa school board hearing on appalling antisemitism, a mother pulled her child out of a Burlington school due to antisemi

Law 118
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IOENGINE v. Ingenico: Are Electronic Communications Fair Game for the Printed Matter Doctrine?

JD Supra Law

In IOENGINE, LLC v. Ingenico Inc.,2021-1227 (Fed. Cir. May 3, 2024), the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) determination that certain claim features did not carry patentable weight under the printed matter doctrine. This decision is notable, as it concerns the application of the printed matter doctrine to a digital communication.

Patent 117
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Copyright Claims Board Awards It’s Highest Damages Ever

Plagiarism Today

The Copyright Claims Board (CCB) has handed down its two largest damage awards, including it's first five-figure decision. The post Copyright Claims Board Awards It’s Highest Damages Ever appeared first on Plagiarism Today.

Copyright 208
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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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FBI Carries Out Fresh Round of Z-Library Domain Name Seizures

TorrentFreak

Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and articles that can be downloaded for free. The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina. According to the latest available information, these two defendants are still fighting their extradition.

Copyright 109
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Abbott, Dexcom Call For New Glucose Monitor Patent Trial

IP Law 360

Just over two months after a jury in Wilmington handed down a mixed verdict in a patent lawsuit over glucose monitors, both sides are now asking the judge to give them another trial.

Patent 105
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Cher and Share Alike: Singer Wins Copyright Termination Lawsuit

Copyright Lately

Judge to Cher: “I Got You Paid,” as court rejects Mary Bono’s bid to use copyright recapture to overturn a decades-old divorce settlement. It took nearly three years of litigation, but in the end, Mary Bono’s copyright terminations weren’t strong enough to overcome Cher’s 1978 marital settlement agreement with Sonny Bono.

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The Limit Does Not Exist: No Time Limitation on Copyright Damages  

JD Supra Law

Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) - On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this case originated from a circuit that applies the discovery rule to the Copyright Act, the Supreme Court assumed that the discovery rule applied and deferred its determination on that issue.

Copyright 117
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Copyright and Cheating in Video Games

Plagiarism Today

Bungie recently scored a significant win against a video game cheat maker. Here's what the law says about cheating in modern video games. The post Copyright and Cheating in Video Games appeared first on Plagiarism Today.

Copyright 187
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NVIDIA Denies Copyright Infringement Claims in Authors’ AI Lawsuit

TorrentFreak

Thus far, chip giant NVIDIA has been the main financial beneficiary of the Artificial Intelligence boom. The company published its latest quarterly results last week, reporting $26 billion in revenue; a 340% increase compared to two years ago. The staggering revenue numbers over the past year have significantly raised the value of the company, which is now worth more than all public companies in Germany combined.

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BREAKING: Jury Awards Electric Jet Startup $72M In Boeing IP Case

IP Law 360

A Washington federal jury said Thursday that The Boeing Co. should pay Zunum Aero Inc. $72 million for misappropriating the electric jet startup's trade secrets and souring a deal with a potential investor, in an award partially subject to trebling under state law.

IP 98
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Curb Your Enthusiasm: Why Bill S-210 Could Mandate CRTC-Backed Age Verification For Streaming Services Like Netflix, Crave and CBC Gem

Michael Geist

There are many reasons to be concerned about Bill S-210 , the mandated age verification bill that raises significant privacy and freedom of expression risks and which is being improbably backed by Conservative MPs. The bill would mandate age verification technologies that the Privacy Commissioner of Canada says creates concern given missing safeguards , it establishes website blocking that government officials warn could undermine net neutrality and an open Internet, and its broad scope goes bey

Privacy 94
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Singapore Subsidiary vs. Singapore Branch Office: Key Differences

Cogency Global

What this is : A foreign company keen to conduct business in Singapore may choose between 2 major types of legal entities, namely a Singapore branch office or a subsidiary company. What this means : Depending on the type of legal entity, key considerations such as annual compliance requirements and tax treatments may vary significantly. It is, therefore, crucial for foreign enterprises to choose the type of legal entity properly so as to avoid any undesired regulatory or cost issues.

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3 Count: Escape Routes

Plagiarism Today

Cox files a new appeal in their case against record labels, Serie A sues Cloudflare over pirate sites, and Senator pushes for AI copyright exemptions. The post 3 Count: Escape Routes appeared first on Plagiarism Today.

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Court Denies Filmmakers’ Renewed Attempt to Get Redditors’ IP Addresses

TorrentFreak

Reddit has gone head-to-head with a group of filmmakers over the past year, aiming to protect the privacy of its users. In three separate cases, the filmmakers subpoenaed Reddit for details of users who commented on various piracy related topics. The movie companies said they were not planning to go after these people in court but wanted to use their comments as evidence in ongoing piracy liability lawsuits against Internet providers.

IP 91
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What To Watch As The FTC Targets Drug Patent Listings

IP Law 360

The Federal Trade Commission has been scrutinizing patents listed by drugmakers on a key federal database, warning several companies that their listings are improper and drive up drug prices. Here's a look at what the agency and others could do next.

Patent 98
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How Web Content Consumption Has Evolved

Likelihood of Confusion

Far be it from me to be a malcontent, but one problem we have around here is that the copyright and trademark statutes have changed very little to reflect the way we consume “content” today — or, worse, especially in the case of copyright, they represent a rearguard action amounting to denial of this change, […] The post How Web Content Consumption Has Evolved appeared first on LIKELIHOOD OF CONFUSION™.

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The Behind-the-Scenes Bill C-18 Battle: How Newspapers, Big Broadcasters and the CBC Are Trying to Seize Control Over How Google Money is Allocated to Canadian Media

Michael Geist

Bill C-18, the Online News Act, is best known for two things: the government’s bad bet that Meta was bluffing when it said it would block news links in response to a system that mandated payments for links (news links have now been blocked for 10 months in Canada) and its attempt to salvage the legislation by striking a deal with Google worth $100 million annually.

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3 Count: Cheater Cheater

Plagiarism Today

Bungie wins a jury verdict against a cheat maker, Japan seeks help stopping anime/manga piracy and DAZN posts about boxing piracy. The post 3 Count: Cheater Cheater appeared first on Plagiarism Today.

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Serie A Legal Action Claims Cloudflare Helps Pirates Evade Piracy Shield

TorrentFreak

During the first week of April 2024, the CEO of top Italian football league Serie A was brimming with confidence. Luigi De Siervo said that Piracy Shield, Italy’s brand new anti-piracy blocking system, was having such an effect that “No pirate can sleep peacefully.” Those who doubted its capabilities, he implied, should note what Serie A investigators were seeing on pirate Telegram channels after the system’s launch; ‘excitement’ apparently, but of what kind w

IP 93
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How AI Cos. Can Cope With Shifting Copyright Landscape

IP Law 360

In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.

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"A S LIVE FOREVER" Fails-to-Function as a Service Mark for Online Retail Store Services, Says TTAB

The TTABlog

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. [ TTABlogged here ]. The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing

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Canadian Drug Importation May Undermine Intellectual Property Protection

JD Supra Law

The Situation: Earlier this year, Florida became the first state to receive authorization for its Section 804 Importation Program ("SIP") from the U.S. Food and Drug Administration ("FDA"). This initial step toward the legal importation of certain prescription drugs from Canada is the first of its kind, and legal challenges are likely.

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A Healthy Patent Family Is A Tree That Continues to Bear Fruit

IP Watchdog

When the Senate Judiciary Committee convened on May 21 for a hearing on Competition in the Prescription Drug Market, Senators were besieged with an array of tired and superficial arguments against patents for biopharmaceutical innovation. The main premise seemed to be that holding more than a single patent for a single product must be anti-competitive.

Patent 75
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Expend4bles: 3,000 Canadians Targeted in Federal Court Piracy Sweep

TorrentFreak

According to The Numbers , the most financially successful movie franchise of all time is the Marvel Cinematic Universe. Generating almost $30 billion at the worldwide box office, its closest rival is Star Wars, with just $10.3 billion. In 198th place with a still-respectable $840 million is The Expendables franchise. While not at the top of the heap here, none of the competition would have a chance of beating this series if legal action against members of the public was a competition.

IP 91
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Ex-USPTO Directors Want Vidal To Withdraw Disclaimer Plans

IP Law 360

Former U.S. Patent and Trademark Office Directors Andrei Iancu and David Kappos on Tuesday urged current Director Kathi Vidal to "immediately" withdraw proposed rules regarding so-called terminal disclaimers, saying the changes are "contrary to law" and "threaten serious harm to America's innovation economy.

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Celebrity Names and Trademark Claims: Insights from the Hobbs Winery Case

Patently-O

by Dennis Crouch The Federal Circuit’s recent decision involving Paul Hobbs and Hobbs Winery raises a number of important issues for anyone investing in celebrities or influencers. In the case, early investors in Hobbs Winery were unable to prevent Mr. Hobbs from using his name in other wine ventures, even though a registered mark on PAUL HOBBS was owned by Hobbs Winery.

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XZ Utils Supply Chain Attack Sheds Light on Vulnerabilities in Widely Adopted Open Source System

JD Supra Law

In a reminder that open source products can carry significant risks beyond intellectual property, a vulnerability in a compression tool commonly used by developers has triggered widespread concerns.

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ATRIP Winning Essay 2023: Whither Global South’s Copyright Scholars: Lost in the “Citation Game”?

SpicyIP

Image from here * A slightly long post discussing the key ideas of the essay. * A few months ago, I wrote a detailed post discussing the history of IP teaching in India highlighting that the same gained traction after the 2000s. There I asked, “[w]hether this delay has potentially trapped us in an epistemological framework given a canonical body of work that has already developed during or before our entry into IP teaching and research.