Plagiarism Today

OCTOBER 20, 2022

The boundaries of plagiarism vary wildly depending on the type of, the field that it is in, and the expectations of the audience. For example, a fiction author isn’t held to the same standards as an academic scholar, who isn’t held to the same standards as a songwriter. The rules of plagiarism change based on the norms of the space the work is in. One of the more complicated areas to look at has always been the legal field.

Plagiarism 254

Plagiarism Copying Publishing Law 254

McKinsey Operations

OCTOBER 20, 2022

Current economic and political turbulence could presage the start of a new era that is structurally very different with a new narrative of progress.

145

145

Plagiarism Today

OCTOBER 20, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Miley Cyrus Settles Paparazzo Copyright Dispute. First off today, Chris Cooke at Complete Music Update reports that Miley Cyrus has settled a lawsuit filed by photographer Robert Barbera over a photograph that Barbera took of Cyrus. Barbera filed the lawsuit, alleging that Cyrus posted a photo he took on her various social media presences.

Social Media 213

Social Media Settlement Copyright Plagiarism 213

JD Supra Law

OCTOBER 20, 2022

There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially broad implications for the enforceability of website terms of service.

Contracts 121

Contracts Copyright 121

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?

Technology

IPilogue

OCTOBER 20, 2022

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Many people have voiced their concerns about the abysmally low rates for ODSP (Ontario Disability Support Program) and OW (Ontario Works). In response, Ontario NDP MPPs have taken it upon themselves to conduct a “two-week social assistance diet” to better understand the challenges that some of Ontario’s most vulnerable residents face.

Technology 120

Technology IP Government Business 120

TorrentFreak

OCTOBER 20, 2022

Rightsholders involved in the creation and distribution of live events say they are being undermined by massive online piracy. Illegal streams are immediately made available via websites and dedicated IPTV services on a scale that’s impossible to contain. Earlier this month, over 100 rightsholders, organizations, and powerful media groups coordinated to demand action from the European Union via new law that would enable live streams to be taken down within minutes of detection and subseque

Law 119

Law Publishing Copyright 119

TorrentFreak

OCTOBER 20, 2022

The “repeat infringer” issue remains a hot topic in US courts and over the years several ISPs have been sued because of them. These Internet providers stand accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple ‘copyright infringement’ notifications from rightsholders. The most prominent outcome thus far is the guilty verdict against Cox from late 2019.

Copyright Infringement 119

Copyright Infringement Music Settlement Copyright 119

JD Supra Law

OCTOBER 20, 2022

In 2021, an organization of patent owners and various patent-holding companies sued the USPTO in the Eastern District of Texas. The patent owners sought to force the USPTO Director to engage in notice-and-comment rulemaking regarding the standards for discretionary denials under 35 U.S.C. § 314(a). Such rulemaking would formalize the six-factor test for discretionary denials based on parallel district court litigation under Apple Inc. v.

Patent 101

Patent Litigation Law 101

Velocity of Content

OCTOBER 20, 2022

A lot has been happening in the world of copyright and collective licensing since my last update. Important judicial decisions have been announced and legislative plans have been published in several key jurisdictions. At Copyright Clearance Center, we continue to monitor the copyright landscape as part of our mission to support copyright and licensing around the world.

Licensing 98

Licensing Copyright Publishing Reporting 98

JD Supra Law

OCTOBER 20, 2022

In this post, we discuss the various aspects of domain name registration in the United Arab Emirates (UAE). Which entity is responsible for domain registration in the UAE? The.ae Domain Administration of the Telecommunications and Digital Government Regulatory Authority (Domains Authority) is the authority responsible for regulating and administering the.ae country code top-level domain (ccTLD) in the UAE.

Registration 98

Registration Government 98

Advertiser: IPO

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.

Patent

IP Law 360

OCTOBER 20, 2022

A graphic designer who worked on the racy mixtape cover at the heart of a right-of-publicity suit against rapper Cardi B told a California federal jury Thursday that he never told Cardi B's representatives he picked an internet-sourced image of the plaintiff's distinctive tattoo, believing it was "fair use.

Graphic Design 98

Graphic Design Design Designs Editing 98

Michael Geist

OCTOBER 20, 2022

As anyone watching the House of Commons this week knows, it is Small Business Week. Each day, Liberal MPs have stood in the House to proclaim their support for small business. The speeches are supplemented by tweets, such as this one by Canadian Heritage Minister Pablo Rodriguez. The professed admiration for small business came to mind last night during a spectacular Senate hearing on Bill C-11 featuring Jennifer Valentyne , Stewart Reynolds (aka Brittlestar) , and Darcy Michael.

Business 92

Business Government 92

IP Law 360

OCTOBER 20, 2022

To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.

Litigation 96

Litigation 96

McKinsey Operations

OCTOBER 20, 2022

As mental health and well-being becomes an even more pressing topic after the pressures of the COVID-19 pandemic, organizations are looking for ways to boost resilience in their people.

90

90

Patently-O

OCTOBER 20, 2022

by Dennis Crouch. The Federal Circuit’s recent decision in IBM v. Zillow Group, Inc. , — F.4th — (Fed. Cir. Oct 17, 2022) is a companion case another recent opinion, Weisner v. Google, — F.4th — (Fed. Cir. Oct 13, 2022). The two eligibility appeals were decided a days apart by the same three-judge panel of Reyna, Hughes, and Stoll following oral arguments held minutes apart.

Invention 83

Invention Patent Litigation Technology 83

McKinsey Operations

OCTOBER 20, 2022

The COVID-19 pandemic has exacerbated challenges for insurers in continental Europe. M&A deals with closed-book players can help insurers continue to create value.

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87

IP Watchdog

OCTOBER 20, 2022

The People’s Vaccine Alliance, a coalition of over 100 organizations, issued a statement this week alleging that the pharmaceutical industry is attempting to tighten its control of the world’s pandemic response plans. In the statement, the organization argues that “enshrining pharmaceutical companies’ demands in a pandemic treaty or other pandemic preparedness plans would normalize global inequalities and tie the hands of governments in future health crises.

Reporting 80

Reporting IP Government Technology 80

IP and Legal Filings

OCTOBER 20, 2022

>. INTRODUCTION. In India, goods which are sold or distributed by weight, measure or numbers are regulated by The Legal Metrology Act, 2009 (hereinafter referred to as “the act”). The Act was introduced with the central objective of bringing about unified standards for weights and measures in the country. It is a mandate under Section 18 of the act that pre-packaged commodities must be in standard quantities and shall provide for certain declarations as prescribed under the act.

Advertising 75

Advertising Advertising Due Diligence Government 75

IP Watchdog

OCTOBER 20, 2022

Earlier this week, IPWatchdog hosted a webinar sponsored by the Innovation Alliance, now available to view for free here, in which panelists drew a roadmap for fixing the U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB). Ultimately, they said: 1) thoughtfully exercise discretion to deny the inter partes review (IPR) petitions to ensure quiet title, 2) apply the clear and convincing standard of proof for invalidity to match the district court standard, 3) change t

Intellectual Property 73

Intellectual Property IP Trademark Patent 73

IP Law 360

OCTOBER 20, 2022

Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

Fair Use 75

Fair Use Intellectual Property Copyright Law IP 75

McKinsey Operations

OCTOBER 20, 2022

US inflationary pressures could significantly raise annual employer healthcare costs and impact vulnerable household finances.

85

85

IP Law 360

OCTOBER 20, 2022

Patent-holding company Dragon Intellectual Property LLC urged a federal appeals court to overturn a ruling that found a decade-long infringement fight exceptional, allowing counsel for Dish Network and Sirius XM to collect more than $3 million in attorney fees.

Intellectual Property 75

Intellectual Property IP Patent 75

The Trichordist

OCTOBER 20, 2022

"Streaming remuneration" is a proposal made at WIPO by Chris Castle and Prof. Claudio Feijoo for streaming platforms to pay a separate non-recoupable royalty to artists and session players.

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IP Law 360

OCTOBER 20, 2022

A New York appeals court on Thursday affirmed a tribunal's determination that The Walt Disney Co. could not exclude billions of dollars of royalty payments received from foreign affiliates when calculating its state tax liability.

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75

JD Supra Law

OCTOBER 20, 2022

Starting on December 3, 2022 the window for filing responses to office actions will be shortened from 6 to 3 months. Applicants will have the option to obtain one three-month extension for a fee of $125. Applications filed pursuant to the Madrid Protocol (Section 66(a) applications) are exempt from this shortened time period. The United States Patent and Trademark Office (USPTO) will implement a similar shortened deadline for responses to post-registration office actions (e.g. office actions.

Trademark 63

Trademark Registration Patent 63

IP Law 360

OCTOBER 20, 2022

While the District of Delaware is keeping pace in getting patent cases to trial in two years, Chief U.S. District Judge Colm F. Connolly on Thursday said he's not sure that's maintainable, particularly given a rise in generic-drug patent suits.

Patent 59

Patent 59

JD Supra Law

OCTOBER 20, 2022

Last night the Unified Patent Court (UPC) published its long-awaited list of judge appointments for the new court system. The list does not only include the names of the judges of all first instance local and central decisions and for the second instance Court of Appeal, but also announces the Presidium of the new court system.

Publishing 58

Publishing Patent 58

Olartemoure Blog

OCTOBER 20, 2022

A new edition of the International Classification of Goods and Services for the Purposes of the Registration of Trademarks (“Nice Classification”) will enter into force on January 1st, 2023. This twelfth edition includes several changes. Although it does include additional classes, it does have changes associated with the addition, delimitation, and extension of some products and services.

Editing 52

Editing Non-Fungible Tokens Intellectual Property Trademark 52

JD Supra Law

OCTOBER 20, 2022

As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021), beginning on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond to office actions issued during the examination of trademark applications at the United States Patent and Trademark Office (USPTO).

Trademark 58

Trademark Blogging Registration Reporting 58

Olartemoure Blog

OCTOBER 20, 2022

Due to the past sanitary emergency , some regulations were issued related to shareholders’ meetings and boards of directors. These regulations include Decrees 176 of 2021 and Decree 398 of 2020, which regulate the virtual meetings of the corporate bodies and the outstanding meetings of the fiscal years 2019 and 2020. In consideration of the above, the Superintendence of Companies recalled: i.

Intellectual Property 52

Intellectual Property Law 52

JD Supra Law

OCTOBER 20, 2022

Goodyear learned a tough lesson about working with outside inventors when a jury recently found that it misappropriated an idea for self-inflating tires. The Complaint. An inventor alleged that Goodyear Tire & Rubber Co. and its now-retired employee stole his ideas for self-inflating tires. Frantisek Hrabal of Coda met with Goodyear employees about a possible partnership to put his self-inflating tire into production.

Inventor 55

Inventor 55

Olartemoure Blog

OCTOBER 20, 2022

Recently, the Colombian Patent and Trademark Office (CPTO) issued the Resolution No. 66173 of 2022, which amends the fees that applicants of IP rights –such as trademarks, patents, industrial designs, among others, – must pay within the administrative procedures. In general, the new IP fees had a not very significant increase of 10% compared to 2022 fees.

Intellectual Property 52

Intellectual Property IP Trademark Design 52

The IPKat

OCTOBER 20, 2022

There are few types of literary work for which copyright law has been less relevant than the letter (as in correspondence). How many Kat readers have given legal advice or engaged in a copyright infringement case involving the contents of a letter? [ For Kat readers under the age of twenty-five, letters were written contents that one composed and then delivered to a recipient, the medium for distribution being the envelope and the business proposition being the postage stamp. ] This does not mea

Licensing 52

Licensing Privacy Copyright Copyright Infringement 52

LexBlog IP

OCTOBER 20, 2022

Amy Mudge and Daniel Kaufman. Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. Here is a rough transcript ; and if you have a spare five hours, you can watch the videos, which will soon be posted on the event page. The big question is whether the FTC will update its updated Testimonial & Endorsement Guides (or issue other mandates) with kid-specific requirements based on this event.

Advertising 52

Advertising Advertising Marketing Marketing 52

The IP Law Blog

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. I can’t imagine this is the first time there has been a familial dispute over trademark rights, but I can definitely say this is the first time that I personally have ever seen a mother and son feuding over such things.

Trademark 52

Trademark Registering Trademarks Business Law 52