May, 2024

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Why Plagiarizing Iron Maiden is a Really Bad Idea

Plagiarism Today

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea 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).

Copyright 130
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Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

JD Supra Law

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.

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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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WIPO Report Highlights Importance of Patenting to Improve Tech Capabilities

IP Watchdog

On May 2, the World Intellectual Property Organization (WIPO) issued its most recent biennial report, entitled “Making Innovation Policy Work for Development,” which analyzes patent filing, scientific publications and economic data across the globe over the last two decades to identify innovation policies effective at diversifying national economies.

Reporting 105
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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.

Branding 108

More Trending

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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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On the Internet, “Partners” Don’t Hear You Scream: Spotify CEO Makes a $350M “Bundle” While Sticking Songwriters with an ESG “Bundle” of Crap

The Trichordist

Spotify CEO Daniel Ek makes a $350 million bundle off of selling Spotify stock at the same time he extracts profits by reducing songwriter royalties.

Copyright 117
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USPTO Announces Request for Comments: AI's Impact on Prior Art and the PHOSITA

JD Supra Law

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures.

Art 112
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Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss

IP Law 360

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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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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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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How the Copyright Claims Board Deals with Bad Faith Filers

Plagiarism Today

The Copyright Claims Board has to strike a delicate balance between allowing for mistakes and preventing abuse. Here's how it does it. The post How the Copyright Claims Board Deals with Bad Faith Filers appeared first on Plagiarism Today.

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Tips for Using AI Tools After the USPTO’s Recent Guidance for Practitioners

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) recently released new guidance for practitioners using artificial intelligence (AI)-based tools. The guidance primarily serves as a reminder of longstanding requirements and best practices for patent and trademark practitioners. For example, patent practitioners have a duty of candor and good faith to the USPTO and a duty of confidentiality to their clients.

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April 2024 Roundup of Copyright News

Copyright Alliance

In April, the creative community celebrated World IP Day amid a flurry of copyright related activities. Congress was busy with a variety of copyright issues with an AI and authorship […] The post April 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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Cannabis Rescheduling and What It Means for Trademark Owners

JD Supra Law

What was hinted at in the fall of 2023 appears to be heading towards reality as reports circulate that the U.S. Drug Enforcement Administration (DEA) has agreed to reschedule marijuana—or cannabis, as most in the industry prefer—from Schedule I to Schedule III status under the Controlled Substances Act (CSA).

Trademark 112
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Grubhub Urges Justices Not To Review Kroger TM Dispute

IP Law 360

Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.

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Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallicunations

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.

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3 Count: Spotify Robots

Plagiarism Today

Lawsuit over Tiger King music is dismissed, Protecting Lawful Streaming Act sees its first conviction and band outs Spotify copycats. The post 3 Count: Spotify Robots appeared first on Plagiarism Today.

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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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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

Law 81
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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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11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit

IP Law 360

The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.

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Pirate IPTV Owner’s Conviction First Ever Under Protecting Lawful Streaming Act

TorrentFreak

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time. One way or another, file-hosting and BitTorrent sites could be linked to the unlicensed reproduction and distribution of copyright works, both of which carry felony charges.

Law 94
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3 Count: Privacy vs. Piracy

Plagiarism Today

More newspapers sue Microsoft and OpenAI, CJEU rules Hadopi is legal and Netflix wins dismissal of King of Collectibles lawsuit. The post 3 Count: Privacy vs. Piracy appeared first on Plagiarism Today.

Privacy 197
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When Are Nonprofits Exempt From Sales Tax? Sales and Use Tax Exemption – Cogency Global

Cogency Global

What this is : Most nonprofits are exempt from federal and state income tax, and they are also frequently exempt from real property tax. But the one tax exemption that even nonprofits sometimes find elusive is sales tax. What this means : Considering the varying state processes for obtaining sales tax exemption along with specific charitable use requirements, it can be challenging to determine where, when and how a nonprofit organization qualifies for a sales tax exemption.

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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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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.

Copying 71
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Walgreens Fights $1B Arb. Award Over COVID Test Contract

IP Law 360

At-home lab test maker Everly Health urged a Delaware federal judge to affirm its nearly $1 billion arbitration award against Walgreens over claims the pharmacy chain deliberately misused the digital health platform's trademark while secretly diverting COVID-19 tests to its own pharmacists while Walgreens argued the arbitrator overstepped his authority in bestowing such an "egregious" award.

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Google Removes Pirate IPTV Services From UK Search Results

TorrentFreak

The United Kingdom is no stranger to website blocking. The High Court granted permission for a blockade against Newzbin2 in 2011 ; The Pirate Bay and numerous other targets were blocked soon after. A rough inventory carried out by TorrentFreak recently revealed that blocked domains, including subdomains, now exceed 10,000 separate targets. That’s a conservative estimate.

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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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[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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FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

JD Supra Law

On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which a district court should generally order “stay, transfer, or dismissal” of a second-filed action that substantially overlaps with a pending, first-filed action—in this case, Ryan, LLC v.

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The Trademark Reporter's "Annual Review of European Trademark Law"

The TTABlog

The Trademark Reporter has published its "Annual Review of European Trademark Law," with contributions from an impressive roster of authors from across Europe. The volume may be downloaded here. Willard Knox, Editor-in-Chief, comments as follows: The Annual Review of European Trademark Law, by the TMR’s own Tom Scourfield, Jordi Güell, Martin Viefhues, plus TMR author Alicja Zalewska-Orabona (and others), contains highlights of European trademark cases rendered by courts in 2023 in the European

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How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

IP Law 360

Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.

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Pirate Site Blocking Agency Reveals How and Why Pirates Circumvent Blocking

TorrentFreak

This year, major rightsholders are hoping that data from similar programs overseas will persuade Congress that site-blocking is a measured and reasonable response to surging worldwide piracy rates. The usual entrenched positions on whether site blocking is, or indeed is not, a type of censorship in conflict with free speech, will be heard once again.