Plagiarism Today

MAY 16, 2022

Last week was, undoubtedly, the craziest week I’ve had in the history of this site. For those who missed it, author Jumi Bello published an essay with the goal of explaining why her upcoming book was cancelled for plagiarism. However, that essay contained parts that were plagiarized (albeit with heavy rewriting) from a 2011 post on this site. Even though the plagiarism was far from the most egregious, the meta nature of someone plagiarizing a plagiarism atonement essay and pulling from a site na

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Plagiarism Social Media Copyright Infringement Copyright 216

Hugh Stephens Blog

MAY 16, 2022

The Walt Disney Company has delighted generations of children and adults with its style of wholesome family entertainment, whether it’s movies, cartoons, games or theme parks. That’s the Disney brand. Disney has generally managed to steer clear of political controversies and stay safely in the middle ground, very much in the mainstream.

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Copyright Branding Brands Branding 130

Plagiarism Today

MAY 16, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial Similarity in Copyrighted Works. First off today, Massimo Capizza at the National Law Review reports that the Supreme Court of the United States has denied certiorari in a case over the 2003 Josh Groban song You Raise Me Up , leaving a circuit split in place over how to determine substantial similarity between two works.

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Cease and Desist Music Public Domain Publishing 161

Erik K Pelton

MAY 16, 2022

Due to the success of his book, Building a Bold Brand, Erik shares news about the upcoming release of this trademark content in audio and video format, which will also be enhanced with more graphics, photos, and images. Stay tuned for more details by subscribing on YouTube and following on Instagram @making_trademarks_bloom. The post Preview of Building a Bold Brand on Audio and Video appeared first on Erik M Pelton & Associates, PLLC.

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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

TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. In most cases rightsholders want alleged infringement to stop and in some, they also seek compensation for their losses. When cases deviate from this format they tend to stick out.

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Fair Use Copyright Litigation Music 119

IPilogue

MAY 16, 2022

Andrew Masson is an IPilogue Writer and 2L JD candidate at Osgoode Hall Law School. The meat may be fake, but the beef is real between two artificial meat makers. The juggernaut artificial meat producer Impossible Foods is suing the start-up Motif FoodWorks for patent infringement. Impossible Foods claims that the heme technology used by Motif too closely imitates their artificial meat technologies.

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Patent Intellectual Property Marketing Marketing 119

IP Watchdog

MAY 16, 2022

This week in Washington IP news, several subcommittees in the House of Representatives take a closer look at President Joe Biden’s budgetary request for the 2023 fiscal year, which was released in late March. On Friday, the House Research and Technology Subcommittee explores ways that the federal government can support the workforce needs of the growing electric vehicle industry.

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IP Government Technology Reporting 105

Technology & Marketing Law Blog

MAY 16, 2022

by guest blogger Philip Favro. Several recent court cases spotlight the challenges that messaging apps present in litigation. In particular, these cases show that messaging apps—whose features may cause message content to either be kept or deleted—have an outsized impact on litigation results. Those features—which vary from one app to the next—include the ability to: “Unsend” messages ( Facebook Messenger ), Share emotions using a “tapback” function ( iMessage ), Automate the deletion of message

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Blogging Litigation Intellectual Property Privacy 105

McKinsey Operations

MAY 16, 2022

As interest in the circular economy grows, emerging recycling technologies that are complementary with mechanical recycling are accelerating.

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Technology 116

IP Watchdog

MAY 16, 2022

On April 21, 2022, LG Electronics Inc. filed suit against Chinese television manufacturer, TCL, through several of its affiliates and related entities, in the Eastern District of Texas for patent infringement. See LG Electronics, Inc. v. TCL Electronics Holding Ltd. et al, Case: 2:22-cv-00122 (EDTX). The patents relate to display hardware, wireless transmission technology, and user interface controls.

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Television Patent Infringement Technology Patent 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.com

MAY 16, 2022

Universities are looking for new ways to monetize their IP. And not just the usual suspects, either. While the Ivy League and west coast institutions have long contributed to national. The post How a Start-Up Can Help Your University Monetize Its IP appeared first on IP.com - IP Innovation and Analytics.

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IP 98

JD Supra Law

MAY 16, 2022

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed Substantive Preliminary Motion No. 4* in Interference No. 106,132, wherein CVC moved to add Senior Party Sigma-Aldrich's U.S. Patent Nos. 10,731,181 and 10,745,716 to the interference and designate claims 1-17 of the '181 patent and claims 2-4, 11, 14, 21, and 22 of the '716 patent as corresponding to the Count, pursuant to 37 C.F.R. §§.

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Designs Design Patent 98

Michael Geist

MAY 16, 2022

With the Online Streaming Act having passed second reading in the House of Commons and headed for further study at the Standing Committee on Canadian Heritage, the government moved swiftly to second reading debate on Bill C-18 , the Online News Act. I’ve already written several posts expressing concern about the overbreadth of the bill and its implications.

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Government Copyright Law Marketing Marketing 95

The IPKat

MAY 16, 2022

Background Inditex, the Spanish fashion group whose flagship store is Zara, sought in 2010 to register the word mark “ZARA” as a European Union trade mark (EUTM) for goods and services in Classes 29 to 32, 35, and 43 (see the table below with a more detailed list). Ffauf Italia, an Italian food producer, filed an opposition against all the goods and services in the application.

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Registration Branding Brands Branding 93

McKinsey Operations

MAY 16, 2022

Don’t wing it; Google it. With unlimited information at our fingertips, one data scientist says people can boost happiness and success by relying more on research than intuition.

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43(B)log

MAY 16, 2022

Arizona Bd. of Regents v. Doe, 2022 WL 1514649, No. 21-16525 (9th Cir. May 13, 2022) I wrote an amicus brief in this case. A post on the decision below. The court of appeals affirmed in a memorandum. The Board appealed denial of its motion for default judgment and dismissal of its complaint. It was ok to convert the motion for default judgment to dismissal because amendment would have been futile “given the implausibility of the allegations and of a finding of likelihood of confusion.

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False Advertising Advertising Advertising Trademark Law 72

McKinsey Operations

MAY 16, 2022

Achieving net-zero carbon emissions will require investment and action on a massive scale. How can the United States meet the challenge of this moment?

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IP Law 360

MAY 16, 2022

The U.S. Supreme Court on Monday declined to wade into a dispute involving a Federal Circuit rule that bars follow-up patent suits against a winning party's customers, denying a data patent holder's bid to revive infringement claims against users of cloud computing platform Amazon Web Services.

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IP Patent 75

McKinsey Operations

MAY 16, 2022

The act funds hundreds of programs. Our BIL Navigator has been designed to help governments identify programs, monitor key deadlines, and more.

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Law Government Designs Design 71

IP Law 360

MAY 16, 2022

A constellation of murals and minimalist sculptures in downtown Manhattan could stand in the way of New York City's plans to renovate a century-old prison to fit inmates from Rikers Island after a federal judge signed off on an injunction sought by two artists whose work currently adorns the downtown jail.

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McKinsey Operations

MAY 16, 2022

Explore Bipartisan Infrastructure Law programs and monitor upcoming deadlines with BIL Navigator.

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Law 84

Trading Secrets

MAY 16, 2022

Recently, we wrote about New Hampshire’s attempts to piggyback on Massachusetts’ material change doctrine. In this post, we’re taking a look at Connecticut’s latest legislative effort to limit non-competes— House Bill 5249. In many ways, HB 5249 borrows from Massachusetts’ 2018 bill (although unlike the New Hampshire bill, it doesn’t tackle the material change doctrine).

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Law Business Copying Litigation 59

Patently-O

MAY 16, 2022

by Dennis Crouch. The Supreme Court has denied certiorari in the pending case of PersonalWeb Techs. v. Patreon. The case questioned the unique patent-law preclusion doctrine known as the “ Kessler doctrine.” I previously argued that the court should hear the case and clarify the law. On the same day, the court also denied petitions in Universal Secure Registry LLC v.

Patent Law 58

Patent Law Law Patent Designs 58

IAM Magazine

MAY 16, 2022

As the US patent venue precedent turns five, it’s clear the Eastern District of Texas lost top patent venue crown, and Delaware might not be the court to claim it due to upstart Western District of Texas.

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Litigation Patent 52

JD Supra Law

MAY 16, 2022

ATLANTA GAS LIGHT COMPANY v. BENNETT REGULATOR GUARDS, INC. Before Newman, Lourie, and Stoll - Summary: Termination decision made by the Board in part based on the time-bar was “intimately related” to the institution decision, and therefore not reviewable by the Federal Circuit under 35 U.S.C. §314(d).

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Velocity of Content

MAY 16, 2022

Science traditionally advances in two steps. The first is taken in a laboratory or library, the second when sharing the results. Online, digital publishing of so-called preprints has quickened the beat tremendously, closing the gap between researcher and reader. For the most part, we are better off, with the accelerated development of treatments and vaccines for COVID-19 as the model example.

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Journalism Publishing Copyright 52

Likelihood of Confusion

MAY 16, 2022

When it comes to legal blogging, there seems to be no shortage of writing worth reading once one gets around to it. What’s that? You have no round tuit? My. The post The circle of life appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

JD Supra Law

MAY 16, 2022

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program, Intellectual Property Licensing 101. The session covered data licensing, and discussed two primary issues – how to protect data as an asset, and how to license data.

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Intellectual Property Licensing Advertising Advertising 52

IAM Magazine

MAY 16, 2022

Indian authorities have frozen hundreds of millions of dollars held by the Chinese company in local bank accounts as part of a remittance investigation that stretches back to February.

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JD Supra Law

MAY 16, 2022

On May 5, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued a new General License (General License No. 31) authorizing certain transactions related to patents, trademarks, and copyrights that would otherwise be prohibited by OFAC’s Russian sanctions.

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Licensing IP Trademark Copyright 52

IAM Magazine

MAY 16, 2022

As the US patent venue precedent turns five, it’s clear the Eastern District of Texas lost top patent venue crown, and Delaware might not be the court to claim it due to upstart Western District of Texas.

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Litigation Patent 52

JD Supra Law

MAY 16, 2022

Successful ITC trade secret complainants follow these rules before filing the complaint in Section 337 investigations: Identify and prepare “packages” for each of the trade secrets you plan to assert before you file the Complaint. Each trade secret package should: Define the technical metes and bounds of the trade secret information – delimiting the border between the secret and what is known in the public domain.

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Public Domain Litigation Intellectual Property 52

The TTABlog

MAY 16, 2022

The Board continues to run at an affirmance rate of about 95% for Section 2(d) appeals. Here are three more for your consideration. How do you think they came out? [Results in first comment]. In re Daniel Novela , Serial No. 90134566 (May 10, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson) [Section 2(d) refusal of CASA DE NOVELAS for "eyewear retainers; Eyewear, namely, sunglasses, eyeglasses and ophthalmic frames and cases therefor" [CASA disclaimed], in view of the registered ma

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JD Supra Law

MAY 16, 2022

The USPTO first established a pro bono program to help “financially under-resourced inventors and small businesses” pursue patent protection for their inventions under the America Invents Act (AIA). The USPTO recently expanded its pro bono program to encompass ex parte appeals that may be necessary to overcome examiner rejections.

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Inventor Invention Business Patent 52

IAM Magazine

MAY 16, 2022

Indian authorities have frozen hundreds of millions of dollars held by the Chinese company in local bank accounts as part of a remittance investigation that stretches back to February.

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