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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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.

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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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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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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.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Will the PTO's Proposed Expansion of Filing Settlement Agreements Help to Reduce Drug Prices?

JD Supra Law

In a recent Federal Register notice, the PTO announced a proposed rule requiring that any settlement agreement resolving a PTAB proceeding, even if such agreement occurs prior to a decision to institute an inter partes review (IPR), be submitted to the PTO. Prior to this rule, only post-institution settlements were required to be submitted, but the PTO noted that over half of all settlements occur pre-institution.

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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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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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[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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New Bill Proposes Disclosure Requirements for Use of Copyrighted Materials In Generative AI Development

JD Supra Law

With generative AI on the rise, there have been growing concerns amongst copyright owners around the use of their materials in training such systems. AI systems will commonly use banks of content to "learn" how to best operate and perform requested tasks. Such content may contain copyrighted works, such as sound recordings, books, articles, news reporting and more, and the owners of such works may not even know that they are being used as training materials.

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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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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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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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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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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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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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The Pitch - April 2024

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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Cycling Towards Confusion: Is there room for iFIT Fitness Services and iFIT Safety Glasses?

Patently-O

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. iFIT is a major manufacturer of exercise equipment like treadmills and stationary bikes and holds several trademark registrations for IFIT marks covering fitness machines, online fitness training services and content, software, and some ancillary products like apparel.

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Judge Turns Down Realtek's Patent 'Conspiracy' Case

IP Law 360

A California federal judge has found that Taiwanese chipmaker Realtek can't use the federal courts to sue one of its major rivals for allegedly using a "bounty" to fund "patent troll" litigation against it because that doesn't break any federal antitrust laws.