Wed.Aug 24, 2022

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A Frustrating Pagan Plagiarism Scandal

Plagiarism Today

Earlier this month, Pagan author Mat Auryn took to Twitter to highlight what he said was a very clear case of verbatim plagiarism of his work. According to his tweets and provided images, the book Awakening Your Witchy Intuition & Psychic Abilities , penned by an author using the name Glinda Porter, lifted whole paragraphs from his book, Psychic Witch.

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Denuvo Promises to Kill Nintendo Switch Emulator Piracy With New Protection

TorrentFreak

Most video gamers will be familiar with the concept of an end-of-level or end-of-game ‘boss’ They take many forms but tend to present as an escalated challenge designed to prevent gamers from progressing any further. Anti-piracy company Denuvo embraces the ‘boss’ concept and drops it on its head. Anyone wanting to play a Denuvo-protected videogame without paying for it will have to defeat Denuvo’s protection right at the very beginning, before the game even starts.

Designs 144
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The digital reinvention of enterprise tech go-to-market

McKinsey Operations

As customers demand both transformational expertise and simplified, self-serve experiences, the traditional enterprise sales playbook is being disrupted from the top down and bottom up.

Marketing 134
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Private Torrent Site User Faces Prison After Sharing 40 Movies

TorrentFreak

The vast majority of BitTorrent users prefer ‘public’ torrent sites such as The Pirate Bay. There are no barriers to entry and no rules to follow. It’s quick and convenient. Private torrent sites work on a membership basis, with an invitation required for entry. Once admitted, users must keep their accounts in good standing, which usually means balancing whatever they download with comparable uploads.

Copyright 135
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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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GSK Argues Unusual Facts of Case Behind Teva’s SCOTUS Petition Limits CAFC’s Skinny Label Holding

IP Watchdog

On August 19, British brand name pharmaceutical firm GlaxoSmithKline (GSK) filed a brief with the U.S. Supreme Court opposing a petition for writ of certiorari filed by generic drugmaker Teva Pharmaceuticals. Teva’s petition appeals a decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) reinstating a jury verdict that found Teva liable for inducing infringement of GSK’s patents covering the heart failure treatment, Coreg.

Branding 127
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Book Review: Once Upon a Time, the Patent

The IPKat

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. I will mention several interesting episodes in this connection covered in Attali’s book. The storyline opens in the 14th-centrury Venice, where guilds are protecting their know-how through mechanisms of secrecy, which do not allow craftsmen to leave the guild (an early form of the "Ho

Patent 123

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Litigation as a Source of Profit? Non-Practicing Entities and Patent Litigation

IPilogue

Michelle Mao is an incoming 2L JD student at Osgoode Hall Law school and an IPilogue Writer. Litigation is almost always recommended to be avoided , whether because of the sheer amount of time needed to get a court date, the expensive costs for the client and law firm, or the risks associated with receiving an unfavorable judgement. So why do non-practicing entities (NPEs) act as the exception to the rule?

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Why Women Are Leading the U.S. Small Business Boom, According to LegalZoom Survey

Legal Zoom

The "LegalZoom: Women and the Boss Era Survey" looks at the changing dynamic for women and business and reveals that the current small business boom is being led by women: 73% of female entrepreneurs started their companies in just the last 3 years.

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The rise of EV patents in India

IAM Magazine

IP filings in EV-related technologies will likely see a rapid increase to keep pace with the expansion of the sector, and will be critical both in reducing carbon emissions and in powering economic growth.

Patent 98
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Fighting Over Fair Use: 6 Documentary Feuds Before UFC Suit

IP Law 360

The Ultimate Fighting Championship's new lawsuit over a documentary on mixed martial arts fighter Michael Bisping is the latest court case to grapple with the question of when filmmakers in the genre can incorporate copyrighted material in the name of fair use. Here are six other fair use fights over documentaries that came before the UFC's latest suit.

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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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Click-to-Call Technologies LP v. Ingenio, Inc. (Fed. Cir. 2022)

JD Supra Law

For most of the past decade, the Supreme Court has been marking out the metes and bounds of the Patent Trial and Appeal Board's execution of the post-grant review provisions of the Leahy-Smith America Invents Act, particularly with regard to inter partes reviews (see "Oil States Energy Services, LLC. v. Greene's Energy Group, LLC (2018)"; "Return Mail, Inc. v.

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How far does a footballer's right to control use of their their image go? Italian Supreme Court weighs on interplay between right to private life and freedom of expression/information

The IPKat

Gianni Rivera with his Milan AC jersey in the 1970s In what circumstances and at what conditions is one entitled to use another person's image without permission? This vexed question, which is at the very core of balancing one’s right to private life with freedom of expression and information, has come once again under the scrutiny of a court. This time it was the Italian Supreme Court, which earlier this summer ruled ( ordinanza 19515/2022 ) that it is possible to use a well-known person’s imag

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Evolving Trends For IP Licenses in NFT Terms and Conditions

JD Supra Law

With the proliferation of non-fungible tokens (“NFTs”), particularly in the art space, an interesting and potentially groundbreaking practice has developed where certain intellectual property (“IP”) pertaining to the NFTs is licensed to the NFT buyers and their subsequent transferees. This type of IP license was made famous by the developers of the Bored Ape Yacht Club, who included a commercial use license in their terms and conditions and, based on public statements, intended that these.

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Can e-commerce help customs agencies fix old problems?

McKinsey Operations

Transformations that aim to unlock more opportunities from e-commerce could also help customs agencies tackle issues they’ve long wrestled with, including revenue leakage and illicit goods flows.

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New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

JD Supra Law

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the practical availability of the administrative enforcement proceeding.

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Infographic | Essential category in due diligence

Olartemoure Blog

La entrada Infographic | Essential category in due diligence se publicó primero en OlarteMoure | Intellectual Property.

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DoggyPhone v Furbo

Patently-O

by Dennis Crouch. Andrew Davis is an ophthalmologist in Bellevue. In his spare time he invents canine communication devices and treat dispensers. Figure 9 below comes from his US9723813 (2012 priority date). You can buy something similar from Amazon – the Furbo dog camera. DoggyPhone has sued Tomofun (maker of Furbo) for patent infringement.

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CALL FOR APPLICATIONS: IPilogue Writers (Academic Year 2022/23)

IPilogue

We are accepting applications to join the IPilogue Team as writers for the new academic year! We are looking to fill roughly 5-10 open positions. If you are passionate about writing and interested in building your presence or being published in IP law, this is a great opportunity for you. IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

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Texas Church Sorry About That Unauthorized 'Hamilton' Show

IP Law 360

The pastor of a Texas church apologized for his congregation's decision to put on an unauthorized rendition of "Hamilton," agreeing to pay any damages to the producers of the hit musical and promising to "use this moment as a learning opportunity about protected artistic works and intellectual property.

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‘FUCT’ SCOTUS Case Applicant Fails to Convince TTAB to Register F**K Mark

IP Watchdog

The U.S. Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) yesterday rejected Erik Brunetti’s attempt to reverse an examiner’s decision to refuse four separate registrations for the mark “F**K” for luggage, cell phone cases, jewelry and other goods and services. Brunetti was the respondent in the 2019 Supreme Court case, Iancu v.

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Amazon, Gaming Co. Face Dungeons & Dragons Patent Suit

IP Law 360

Amazon and developer Guilt-Free Gaming have been accused of infringing storage containers for role-playing game Dungeons & Dragons in a design patent and trade dress suit in Texas federal court.

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‘Dig once’ could help states manage material and worker shortages

McKinsey Operations

Multiple excavations for infrastructure improvements can be disruptive to the public. Coordinating projects could minimize negative impacts and help states manage supply chain and labor shortages.

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Investment Pro Wants WSJ Article Thievery Suit Thrown Out

IP Law 360

A prominent investment manager has asked a Texas federal judge to dismiss Dow Jones & Co.'s copyright infringement suit accusing him of unlawfully copying and distributing thousands of news articles from The Wall Street Journal, arguing that his actions are protected under fair use.

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Vidal Exercises Director Review Discretion to Vacate PTAB Institution Denials, Clarify Application of General Plastic

IP Watchdog

Yesterday, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued a precedential sua sponte Director Review Decision in Code200, UAB v. Bright Data, Ltd., IPR2022-00861 and IPR2022-00862 Paper 18 (Aug. 23, 2022), clarifying the application of Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017) in denying decisions to institute inter partes review (IPR) proceedings.

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The Cruciality Of Building Client Intimacy Ahead Of Recession

IP Law 360

Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.

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Infosys shifts patent filing strategy towards AI and digital experiences

IAM Magazine

IP head Faiz Rahman discusses a change in trend and the Indian software and IT services company’s focus on securing high quality assets

IP 75
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Amazon Says Imposter Exploits Ring TM In Tech Service Scam

IP Law 360

Amazon.com claims a company purporting to offer tech support for Ring devices and Prime account activation infringed its trademark to scam victims out of hundreds of dollars each by selling them unneeded services, according to a lawsuit filed in California federal court.

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The rise of EV patents in India

IAM Magazine

IP filings in EV-related technologies will likely see a rapid increase to keep pace with the expansion of the sector, and will be critical both in reducing carbon emissions and in powering economic growth.

Patent 52
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Taylor Swift Hit With $1M Copyright Suit Over 'Lover' Book

IP Law 360

Taylor Swift is facing a $1 million copyright suit in Tennessee federal court that alleges the graphic design elements for a book accompanying the musician's 2019 album "Lover" rips off the look of a 2010 poetry publication.

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Limitation of goods or services for trademark registration in China

IAM Magazine

Brand owners are advised to weigh up their business needs when deciding whether to file a national application with the CNIPA or for international registration through the Madrid Protocol (designating China).

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India – Trademark Protection in the Hospitality Industry

Kashishipr

The hospitality industry of India has undoubtedly become an exceedingly crucial service provider across the nation. Due to the increase in tourism, the role of restaurants and hotels has also increased. By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. However, there is a risk involved in this scenario – with the brand names of hotels and restaurants becoming popular, other service providers in t

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General Assembly of the Court of Appeal reaches milestone decision on patentability of second medical use claims

IAM Magazine

In ruling on the patentability of second/further medical use patents in Turkey, the court has brought to a close years of debate on the validity of second medical use patents granted by the EPO before the EPC 2000 amendments.

Patent 52
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5th Circ. Won't Revive TM Suit Over 'Thee I Love'

IP Law 360

The Fifth Circuit found that a lower court rightly axed a branding business' trademark lawsuit against Jackson State University's licensing agent and various licensees over the use of the phrase frequently associated with the school, "Thee I Love.

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Enforcement rules of Taiwan’s Patent Act to be amended

IAM Magazine

Revisions to the rules will have the effect of simplifying procedures for recordation of pledges, as well as relaxing applications for re-issuance or renewal of patent certificates.

Patent 52
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Fairly Competing, Episode 14: Irreparable Harm in Trade Secret Cases

LexBlog IP

Episode 14 of Fairly Competing is out! In this episode, Ben , Russell and I are joined by special guest Vicki Cundiff , one of the true deans of the trade secret bar, as we discuss the requirement of proving irreparable harm in trade secret disputes. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.

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