Mon.Apr 01, 2024

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3 Count: Deutschland

Plagiarism Today

Rammstein sued over their 2019 song Deutschland, UK comedy lawsuit moves toward a trial and ACE targets pirate sites via Cloudflare. The post 3 Count: Deutschland appeared first on Plagiarism Today.

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Would Anyone Copyright This Flag? (Not an April Fool’s Joke)

Hugh Stephens Blog

Image: Flags of the World (Used with permission) No, this flag is not an April Fool’s joke, although I am posting this on April 1. As a flag design, it’s a dog’s breakfast. Not that a registered design has to be aesthetically appealing, but it needs to be original. And this one is original, in … Continue reading "Would Anyone Copyright This Flag?

Copyright 201
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Admission to Bar Denied Over Student Plagiarism

Plagiarism Today

An aspiring lawyer in Singapore has been denied a chance to join the Bar after he failed to disclose an incident of plagiarism. The post Admission to Bar Denied Over Student Plagiarism appeared first on Plagiarism Today.

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The Pirate Bay’s Oldest Torrent is Now 20 Years Old

TorrentFreak

When The Pirate Bay first came online, in the second half of 2003 , the ‘internet’ looked nothing like it does today. A Harvard student had yet to start writing the first lines of code on a new idea, called “TheFacebook” YouTube wasn’t around yet either, and the same was true for the smartphones that dominate people’s lives today.

Copying 130
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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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Apple, Intel Again Lose Fintiv APA Challenge In Calif. Court

IP Law 360

A California federal judge on Sunday ended Big Tech's coordinated challenge to Patent Trial and Appeal Board precedent that allows its judges to discretionarily deny patent reviews based on how proposed reviews overlap with related litigation in other forums.

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Insta-results

Likelihood of Confusion

Some people, it seems. You know what I mean. Instapundit Glenn Reynolds mentioned casually to ten or a hundred thousand of his closest friends that he was having the darndest time freeing up his INSTAPUNDIT® trademark so that it could be used — by him — as a Twitter username. Well he, with the help […] The post Insta-results appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Ownership: Exploring Employer-Employee Relationship

IP and Legal Filings

INTRODUCTION Remember the story affiliated with the famous – Taj Mahal, an exceptional creation yet the creators are only remembered with severed hands and blood. This is quite the picture of how the Indian copyright laws are treating the employees who try to become such exceptional creators. Unlike the U.S.A., the ownership disputes in India and the U.K. are heavily subjected to judicial interpretations.

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Veuve Clicquot colour trade mark about to be cancelled?

The IPKat

Trade marks that lack inherent distinctiveness and were only registered on the basis of acquired distinctiveness must be enforced rigorously in order to prevent them from losing their ability to indicate the commercial origin. This is particularly true for abstract colour trade marks. Enforcement usually invites counterattacks on the validity of the trade mark.

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Roblox Must Defend Illegal Gambling Claims–Colvin v. Roblox

Technology & Marketing Law Blog

[A reminder that I don’t do April Fools’ pranks.] The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” Users can buy Robux and exchange them on the platform for in-game experiences. Developers create in-game experiences, and when they make Robux selling those experiences on the platform, Roblox will let them cash out.

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Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit

JD Supra Law

A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components, mobile apps, social media posts, websites, music, developed characters appearing in ads, and logos.

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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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GuestPost: Do certain panel compositions of the UPC Court of Appeal breach article 6 ECHR?

The IPKat

The UPC Court of Appeal in Luxembourg Amidst the humblebrags and #blessed postings, LinkedIn these days is also full of posts on stats from the Unified Patent Court (UPC). As Merpel was wading through the usual analysis, she stumbled across a novel topic in a post from her Parisian Kat friend, Lionel Martin ( August-Debouzy ) posing the question as to whether the Court of Appeal's panel composition is in breach of the European Convention of Human Rights (ECHR) - and whether anyone would care eno

Art 67
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Untangling The Legal Complexities Of Trade Secrets And AI

JD Supra Law

With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially appealing. U.S. courts have rejected the notion that AI may be the sole inventor or creator of a patented invention or copyrighted work, and aspects of generative AI may have difficulties overcoming the patent eligibility, written description, enablement and novelty hurdles to.

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No Presents for Gift Card Patent Owner from Federal Circuit

IP Watchdog

AlexSam, Inc. lost its patent infringement cases against Simon Property Group/Blackhawk Network and Cigna Corporation in two separate decisions issued by the U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday, April 1. AlexSam owns U.S. Patent No. 6,000,608, which discloses a “multifunction card system.” Essentially, the invention is a type of gift card that “can serve a number of functions, thus allowing the consumer to have one card which may act as their card for financial transac

Patent 59
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Patent Poetry: Bill Proposes IP Protection for Golf Courses

JD Supra Law

Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. the BIRDIE Act), which proposes amending the definition of “architectural works” under US copyright law to include golf course designs.

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TTAB Quarterly Index: January - March 2024

The TTABlog

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com. Section 2(a) - False Suggestion of a Connection: Despite Applicant's Bad Intent, TTAB Dismisses Oppositions to EVSFOOD for Beverages Section 2(d) - Likelihood of Confusion: TTABlog Test: Is OTTO'S for Soda Pops Confusa

Designs 57
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Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

JD Supra Law

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding competitive advantages. In May 2023, the general counsel for the National Labor Relations Board (NLRB) issued a memorandum stating non-competes generally violate the National Labor Relations Act, except under rare circumstances.

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L'Oreal Wins Toss Of Trade Secret Suit Over Misconduct

IP Law 360

A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt on the veracity and integrity of all evidence" and that axing the suit altogether is the "only appropriate sanction.

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From Concept to Commerce: The Art of Trademark Specimens of Use

JD Supra Law

In the world of trademarks, specimens of use (or proof of use) play a crucial role in obtaining and maintaining a trademark registration with the United States Patent and Trademark Office (“USPTO”). In this blog post, we’ll delve into the types of specimens that are accepted by the USPTO (hint: they’re not alien artifacts!), the specific requirements for each type of specimen, and some practical tips to help you navigate the selection process.

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Pharrell's Neptunes Partner Says Hitmaker Committed Fraud

IP Law 360

Pharrell Williams has claimed sole ownership of the name the Neptunes, a move that lawyers for the pop sensation's producing partner said was fraud and led them to file a legal action at the Trademark Trial and Appeal Board.

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MarkIt to Market® - March 2024

JD Supra Law

Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the IPR Center’s efforts to stop global IP theft and address counterfeiting on both home and foreign turf; a recent TTAB decision on descriptiveness, which highlights the importance of selecting marks that evoke rather than describe; and the fundamentals of IP law for brands navigating social media and emerging technologies.

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Alien IP Suit Against New Age Video Co. Gaia Falls To Earth

IP Law 360

A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.

IP 52
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True Fans Keep It Real: Behind the IPR Center's Operation Team Player Public Awareness Campaign

JD Supra Law

While many brand owners are generally aware of and work with U.S. Customs and Border Protection (CBP) to record trademark and copyright registrations and help with seizures, fewer may understand the role of the National Intellectual Property Rights Coordination Center (IPR Center), which leads the U.S. government’s response to stop global IP theft and enforce trade laws.

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Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications

IP Law 360

A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.

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Argument Shifting at the PTAB: Balancing the Right of Reply against the Petition’s Role as Case-in-Chief

JD Supra Law

A vexing issue in post-grant patent practice is understanding the limits of how far a patent challenger can deviate from the four corners of its petition during the proceeding. The petition is the challenger’s case-in-chief. Petitions cannot be amended to address either the patent owner’s claim construction positions or its arguments and evidence rebutting the petitioner’s grounds of unpatentability.

Patent 65
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Ex-Pharma Co. Exec Denies Signing Noncompete Deal

IP Law 360

The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.

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Protecting Golf Courses with BIRDIEs

JD Supra Law

In February, a bill was introduced in the United States House of Representatives by Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) called the “Bolstering Intellectual Rights against Digital Infringement Enhancement Act.” Not coincidentally, it’s being called the “BIRDIE Act,” so apparently someone was working hard on their acronyms that day.

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Fears About The End Of Chevron Deference Are Overblown

IP Law 360

While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

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CAFC Sends Janssen Schizophrenia Treatment Claims Back to District Court for New Obviousness Analysis

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision authored by Judge Prost on Monday that certain claims of Janssen Pharmaceuticals Inc.’s patent for a schizophrenia drug are not indefinite but vacated and remanded the district court’s finding that Teva Pharmaceuticals had not proven all of the claims obvious.

Patent 52
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High Court Refuses To Revisit Alice Ruling In Steel Beam Case

IP Law 360

The U.S. Supreme Court declined Monday to revisit its landmark ruling on how courts should determine patent eligibility, this time rejecting a plea coming from a company whose claim to have invented an important new method for automating the manufacture of steel beams failed to hold up in court.

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VLSI-PQA Saga Continues in Virginia County/ Federal Courts

IP Watchdog

After VLSI Technology filed a complaint against Patent Quality Assurance (PQA) and its representative, Joseph Uradnik, in the Circuit Court of the City of Alexandria in late January this year, Uradnik recently filed a Notice of Removal with the U.S. District Court for the District of Alexandria, Alexandria Division, arguing the case should be tried there instead.

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Gwyneth Paltrow's Goop Faces TM Suit Over Health Products

IP Law 360

Oregon-based Good Clean Love Inc. sued Gwyneth Paltrow's Goop Inc. for trademark infringement over its good.clean.goop women's health products, alleging that the rival's branding is threatening Good Clean Love's reputation and goodwill by sowing customer confusion.

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Early Career Professionals in Scholarly Publishing Tell All

Velocity of Content

In surveys conducted for the STM Association in 2014 and 2020, hundreds of early-career staff working in scholarly publishing disclosed surprising details about their career ambitions and the barriers they face to realize them. European Science Editing , a peer-reviewed open-access academic journal of the European Association of Science Editors, published a report on those surveys in May 2022.

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Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit

IP Law 360

The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a longstanding licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.

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Protecting the Peaks: Forest River Secures $2 Million Verdict in Trademark Suit

Indiana Intellectual Property Law

Following a recent trial, a jury in the U.S. District Court in South Bend, Indiana delivered a resounding win for recreational vehicle giant Forest River Inc. The court awarded Forest River a $2 million judgment in its trademark infringement case against local competitor inTech Trailers Inc., a ruling that could have significant implications for the industry.

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Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict

IP Law 360

Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.