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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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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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3 Count: Bounce House

Plagiarism Today

Sony sues Marriott over social media posts, Beyonce and Big Freedia sued over samples and photographer sues over wallpaper photo. The post 3 Count: Bounce House appeared first on Plagiarism Today.

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We have a new treaty! Report on the conclusion of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge

The IPKat

The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here ). This is the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.

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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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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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It’s USTR “Watch List” Time Again

Hugh Stephens Blog

Image: [link] (under licence) Apart from the budding of leaves, the rites of spring are marked by another annual phenomenon, the issuance of the annual Special 301 Report by the Office of the United States Trade Representative (USTR), widely known as the USTR Watch List.

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How Long Does a Trademark Last?

Erik K Pelton

The post How Long Does a Trademark Last? appeared first on Erik M Pelton & Associates, PLLC.

Trademark 130
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USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Patently-O

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The memo, signed by USPTO Director Kathi Vidal, aims to immediately align USPTO practices with the more flexible approach outlined by the Federal Circuit, which eli

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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 98
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The First Biosimilar Disputes at the Unified Patent Court (UPC)

JD Supra Law

As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April.

Patent 117
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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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Infographic | All about wine

Olartemoure Blog

Let’s raise our glasses to the fascinating world of wine! Behind every bottle, there’s an intellectual property voyage. Today we travel through vineyards and vintages to celebrate National Wine Day. What’s in a Label? The bottle’s label includes the winery’s name and the Denomination of Origin, ensuring that the wine complies with specific geographical and quality conditions.

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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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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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Danger Ahead? Graham and KSR Now Apply to Design Patents

JD Supra Law

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. v. Teleflex Inc. LKQ Corporation et al. v. GM Global Technology Operations, LLC, Case No. 2021-2348 (Fed.

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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.

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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 86
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Using A Children's Book Approach In Firm Marketing Content

IP Law 360

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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AI Models Reveal Pro-Copyright Bias By Shutting Down Piracy Research

TorrentFreak

Good news concerning AI development often finds itself dampened by reports of models hallucinating, providing misleading responses, or simply inventing facts that are anything but. This week Michael Kearns of Penn Engineering wrote about “model disgorgement,” a potential solution that forces models to purge themselves of “content that leads to copyright infringement or biased responses.” From our admittedly very narrow perspective, that proposition couldn’t be more ironic.

Copyright 106
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Gavel to Gavel: Limits on copyright infringement not limited

JD Supra Law

Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year period.

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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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"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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How Real Estate Cos. Can Protect Their IP In The Metaverse

IP Law 360

The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

IP 97
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Hollywood Takes Down Animeflix, Vegamovies and Others With Broad Anti-Piracy Order

TorrentFreak

Pirate sites and services are a major problem for rightsholders and can be challenging to deal with. In India, however, recent court orders have proven to be quite effective. Indian courts have issued pirate site blocking orders for over a decade. In recent years, these have transformed into a powerful legal tool, allowing rightsholders to protect existing and future works with relative ease.

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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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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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Filibuster of Bill S-210 Confirmed: Conservative MPs Put Privacy and Free Speech Online At Risk Over Release of Report

Michael Geist

Last week I posted on concerns that Conservative MPs were engaged in a prolonged filibuster at the committee study of Bill S-210, a bill the government has called “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media.

Privacy 88
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Biden's Judicial Impact And What's Left On The Wishlist

IP Law 360

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Jury Finds ‘Destiny 2’ Cheat Seller Liable For Copyright Infringement in Landmark Lawsuit

TorrentFreak

Three years ago, Bungie filed a complaint at a federal court in Seattle, accusing Destiny 2 cheat seller AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the operating company behind the website, and third-party developer James May. AimJunkies denied the claims and argued that cheating isn’t against the law.

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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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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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Section 230 Doesn’t Apply to “Editorializing” About Third-Party Content–Marvin v. Lanctot

Technology & Marketing Law Blog

This case involves the Warroad High School girls’ hockey team. Warroad, Minnesota is located just a few miles south of the Canadian border, near the Northwest Angle , and hockey appears to be a big thing in town (e.g., the town calls itself Hockeytown USA ). On October 30, 2023, a group of community members circulated a letter that seemingly accused head coach Marvin of player mistreatment and other misdeeds.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority.

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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 88
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Anti-Obesity Medications: Noteworthy Developments as Policymakers Weigh Coverage Considerations

JD Supra Law

Key Points - GLP-1 agonists have ushered in a new era in anti-obesity medication policy considerations against the backdrop of a continued focus by policymakers on both drug access and pricing. CMS has taken steps to clarify the current Medicare coverage but is working within statutory constraints that go back to the enactment of the Medicare Modernization Act of 2003.

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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

Introduction On February 8, 2023, the jury returned its verdict in the infamous case Hermès vs Rothschild [1] , a significant precedent that has received acclamation and flak alike. The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’.