Mon.Sep 12, 2022

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The Targeting of Anti-Plagiarism Advocates

Plagiarism Today

In Russia, Andrei Zaykin has been put under house arrest over allegations that he donated 1,000 ruble ($16) to an opposition leader’s anti-corruption foundation. That foundation was marked as “extremist” by Russian authorities last year and, if found guilty, he faces up to eight years in prison. However, this is far from the first time Zaykin has angered Russian authorities.

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Copyright Protection for Transitory or Ephemeral Works: Going Beyond the Photographic Record

Hugh Stephens Blog

Last month, I discussed the ephemeral art of US sand sculptor Jim Denevan, noting that the simplest way for Denevan to protect his monumental sand designs (if he wished to), was by photographing them.

Copyright 130
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3 Count: Pulp Friction

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Tarantino, Miramax settle copyright suit over ‘Pulp Fiction’ NFTs. First off today, Jack Queen at Reuters reports that Miramax and director Quentin Tarantino have reached a settlement in their dispute over Pulp Fiction-based NFTs. The dispute began last year when Tarantino announced that he would sell several non-fungible tokens (NFTs) based on the film Pulp Fiction.

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“TAKE FIVE” – the EUIPO Board of Appeal maintains that the slogan is not sufficiently distinctive for registration

The IPKat

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The Board of Appeal of the European Union Intellectual Property Office ( EUIPO ) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32 ( Case R 664/2022-1 ). Recap: Are slogans treated differently than other types of marks?

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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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Can Grandma’s Secret Recipes be Protected and Monetized? A look into the patentability of recipes

IPilogue

Michelle Mao is a 2L JD Candidate at Osgoode Hall Law School and an IPilogue Writer. The distinct smell of brown sugar and cinnamon wafting out of your grandma’s kitchen every time you visit is unique and unmistakable to you. You claim that it is “one-of-a-kind” and it invigorates you to power through until your next visit to grandma’s house. These features of grandma’s cookies give you a bright idea – what if you patent grandma’s cookies?

Patent 105
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The Path Forward from American Axle: Discussing Legislative and Agency Rulemaking Fixes to Section 101

IP Watchdog

Last year, there was a great amount of confidence among those in intellectual property circles that the U.S. Supreme Court might finally provide some much-needed clarity to Section 101 subject matter patentability after a petition for writ of certiorari was filed in American Axle v. Neapco Holdings. On the second day of IPWatchdog LIVE 2022, panelists at the breakout session titled “Where Do We Go From Here on Patent Eligibility After American Axle” discussed what opportunities were left for fix

More Trending

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The Risks In Lateral Hiring, And How To Avoid Them

IP Law 360

As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

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China’s Intellectual Property Enforcement Trends

JD Supra Law

Comprising tiers of specialized intellectual property (IP) courts within its court system, China bifurcated judicial and administrative proceedings for those seeking to protect and enforce against a patent infringement. The judicial route is more commonly used first which would see a case pass through the Intermediate People’s Courts, High People’s Courts, and ultimately, the Supreme People’s Court.

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New Vision Gaming Cites GAO Report to Bolster PTAB Bias Arguments

IP Watchdog

On September 6, New Vision Gaming and Development Inc. (New Vision) filed a brief with the U.S. Court of Appeals for the Federal Circuit (CAFC) on return from remand after the U.S. Patent and Trademark Office (USPTO) denied its request for Director Review. The case relates to a Patent Trial and Appeal Board (PTAB) decision canceling all claims of U.S.

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Should AI Machines Have Rights?

JD Supra Law

In the last few years, the U.S. Copyright Office refused to allow a copyright registration for a work of art created by a machine, and a federal district court held that an artificial intelligence system could not be an inventor on a patent.

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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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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. The only problem is that most people don’t know it exists. I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright

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FDA Approves Fresenius Kabi Biosimilar for Neulasta®

JD Supra Law

It was not so long ago that many, including members of Congress, were bemoaning the slow approval and introduction into the marketplace of biosimilar alternatives to (generally expensive) biologic drugs.

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The State Of The College Athletics NIL Revolution

IP Law 360

In the last year, a drastically new landscape has opened up for student-athlete compensation since the Alston U.S. Supreme Court decision and the NCAA's policy change on sponsor partnerships — with football and basketball players generating the most revenue and women securing some of the largest name, image and likeness deals, says Paul Greene at Global Sports Advocates.

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The Importance Of Patents For ML-Based Medical Device Inventions

JD Supra Law

The use of machine learning (ML) in the medical device field has greatly expanded in recent years, becoming increasingly important to the product offerings of many medical device companies.

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The Status of Quantum Computing and Its Innovative Capacity

IP.com

There is perhaps no frontier more exciting–or daunting–than quantum computing. Its promise is nothing less than transforming modern technologies in every industry from healthcare to manufacturing to national defense. It. The post The Status of Quantum Computing and Its Innovative Capacity appeared first on IP.com - IP Innovation and Analytics.

IP 96
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Breakfast, lunch and dinner at Tiffany’s — on Costco

Likelihood of Confusion

Costco owes Tiffany more than $19 million for selling counterfeit rings [link] pic.twitter.com/ZUjavk8TRH — Business – DM (@BusinessMarkhor) August 15, 2017 I wrote last fall that it didn’t look like it. The post Breakfast, lunch and dinner at Tiffany’s — on Costco appeared first on LIKELIHOOD OF CONFUSION™.

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Kilpatrick Adds Litigation Pro In Dallas From Griffith Barbee

IP Law 360

Kilpatrick Townsend & Stockton LLP is bulking up its commercial litigation team with a new counsel who comes on board from Griffith Barbee PLLC in Dallas.

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The Bill C-11 Hearings Are Back, Part One: The Risks of Regulating User Content

Michael Geist

The Senate Standing Committee on Transport and Communications resumes its hearings into Bill C-11 this week with plans for four sessions that will hear from a wide range of witnesses. Given the shortcomings of the House committee hearings – numerous important stakeholders were not given the opportunity to appear – the Senate review this fall provides a critical opportunity to re-examine the bill and to address some of its obvious flaws.

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Kiwi Farms: The Slippery Slope of Curating the Web

TorrentFreak

Ten years ago millions of people from all over the world spoke out against a U.S. bill that would’ve allowed courts to take problematic domain names offline. When that SOPA law failed to pass, many internet users celebrated a victory for free speech. A decade later, Internet curation is still a hot topic. However, many people who rallied against SOPA are now calling for companies, individuals, and websites to be ‘canceled’ online.

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Laser v. Dolin: Estoppel and the Billion Dollar Question of Whether an IPR Petition is filed “during” the IPR

Patently-O

by Dennis Crouch. The level of estoppel was a sticking point a decade ago in the lead-up to the America Invents Act (AIA). Patentee’s were concerned with repeat harassment by accused infringers; Accused infringers were concerned that IPRs would be ineffective and that they would then lose their right to challenge the patent in court. We now know that IPRs are very effective, but sometimes patent challengers would still like a second bite.

Patent 91
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ACE Shuts Down More Illegal Steaming Sites – These Sites May Be Next

TorrentFreak

There are just three certainties in life – death, taxes, and regular announcements by the Alliance for Creativity and Entertainment that more pirate sites have been shut down. The latest to fall to ACE are all part of an Argentina-based streaming ring, variously branded as Pelismart and Pelispop. ACE says that seven domains, all belonging to the same operator, were taken down in August following enforcement action in July. 27 Million Visits Per Month.

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Childish Gambino Looks To Get 'This Is America' Suit Tossed

IP Law 360

Rapper Childish Gambino has fired back against a Miami rapper accusing him of stealing the distinctive hook for his 2018 hit "This Is America," arguing the New York federal suit is doomed because a copyright for the allegedly infringed song was never registered.

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P2P Streaming Tool “Ace Stream” Decries Unjustified Site Blocking and Piracy Allegations

TorrentFreak

With millions of regular users, Ace Stream is one of the most popular streaming applications out there. The software was first released in 2010 under the name “ Torrent Stream “ Three years later it rebranded its service to Ace Stream, after which it took off. The original name reveals that the streaming application relies on a torrent engine built into the widely popular VLC media player.

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Catching Up With Delaware's Chancery Court

IP Law 360

Basketball and comic book legends made appearances in Delaware's Chancery Court during a shortened holiday week, along with gamblers, grocers, scientists and oil drillers. An investor in a company for building products petitioned for an appraisal, and a social media giant scored a win in its lawsuit against a big buyer with cold feet.

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Penguins and basketball: Brandit’s metaverse journey begins

Managing IP

Lorenzo Litta, chief business officer at Brandit, explains how and why the firm built a metaverse office in 10 weeks.

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After Arthrex, PTAB Says Claims In Decryption IP Are Invalid

IP Law 360

The Patent Trial and Appeal Board has invalidated nearly a dozen claims in a Personalized Media Communications LLC decryption patent challenged by Apple Inc., the latest such invalidation after the Supreme Court's Arthrex decision.

IP 52
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Incorporate or Trademark First?

Patent Trademark Blog

Does it matter whether you incorporate or trademark first? Incorporate or trademark first? The answer matters a great deal. Filing a trademark application properly requires a correct identification of the owner. Naming the wrong applicant can be fatal since the USPTO will not allow you to change the applicant’s name after filing your trademark application.

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Korean Co. Can't Be First To Invent CRISPR, PTAB Told

IP Law 360

The Patent Trial and Appeal Board is again considering who was first to invent the CRISPR-Cas9 gene-editing technology, this time hearing arguments Monday from Korean biotechnology company ToolGen Inc. that it was first to use the technology in plants and animals.

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Completed Case Roundup

BYU Copyright Blog

Over the last several years, we have reported on a number of cases that have reached quiet settlements or otherwise fizzled out without us acknowledging their end. Here, we round up final updates on a few of those cases:Meyer, Suozzi, English & Klein, P.C. v. Higbee et alWe previously reported on this case here. This dispute concerned an image shared under a Creative Commons license, which was allegedly used by the law firm Meyer, Suozzi, English & Klein, P.C.

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State Farm Says No Coverage For CBD Seller's Contract Suit

IP Law 360

A CBD retailer is not entitled to coverage for a suit accusing it of breach of contract and trade secret infringement, a State Farm unit told a California federal court, saying the underlying suit did not allege any claims for which the policy affords coverage.

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Shutting Down Paper Mills

Velocity of Content

Misinformation and disinformation are hardly limited to election campaigns. Fake science is overwhelmingly common and can be even more dangerous than fake news. A vote for the wrong party may be consequential, but a decision to take the wrong medical treatment can be deadly. No matter what the discipline, fake papers published in unsuspecting scholarly journals are damaging to the trust that researchers and other readers have in what they read.

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Patent Poetry: Moderna Sues Pfizer and BioNTech Over Covid Vaccine Patents

JD Supra Law

Moderna has sued Pfizer and BioNTech in Massachusetts and Germany (where the defendants are based), claiming that the companies violated three of its patents related to mRNA technology used to develop COVID-19 vaccines.

Patent 52
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Copyright Protection of Modern Art

IP and Legal Filings

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. It supports the idea that proper effort receives proper recognition and rewards.

Art 52
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Day One of IPWatchdog LIVE 2022: Update from Texas Regional Director, Iancu Accepts Judge Paul Michel Award

IP Watchdog

IPWatchdog LIVE 2022 kicked off Sunday afternoon in Dallas with a Welcome to Texas featuring a Fireside Chat with IPWatchdog Founder and CEO Gene Quinn and U.S. Patent and Trademark Office (USPTO) Texas Regional Director, Hope Shimabuku, who told attendees that the Office is actively working, both internally and with Congress, to fix confusion around U.S. patent eligibility law following the Supreme Court’s denial of certiorari in American Axle & Manufacturing v.

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Decoding The Limitations In According Authorship Rights To Artificial Intelligence

IP and Legal Filings

In the conventional sense, copyright law requires that the concerned work must, in its entirety, be an outcome of the intellectual labor of a human being. However, at the dawn of the digital era, computer software is being used in abundance to help create literary and artistic works. Courts across the globe, recognizing this aspect, have granted copyright protection to works generated using computer programs.