Tue.Aug 08, 2023

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7 Academic Integrity Tips for Students in 2023

Plagiarism Today

As the 2023 school year nears, students are returning to a different environment. Here are 7 tips for avoiding academic integrity issues. The post 7 Academic Integrity Tips for Students in 2023 appeared first on Plagiarism Today.

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Protecting a Brand in the Amazon Brand Registry

Erik K Pelton

The following is an edited transcript of our video Protecting a Brand in the Amazon Brand Registry. Did you know that 70% of American adults shop through Amazon? That is why it is important to protect your brand on Amazon. The Amazon Brand Registry allows owners of a trademark to protect their goods from counterfeiters and those infringing on the brand.

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3 Count: Darkest and Darkester

Plagiarism Today

Photographer sues media company, DJ Paul sued over tornado video and Dark and Darker up for sale despite copyright issues. The post 3 Count: Darkest and Darkester appeared first on Plagiarism Today.

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How to Sign a Trademark Filing at the USPTO

Erik K Pelton

Electronic signatures are a standard procedure for online documents, including trademark documents. Erik discusses the unique method for signing a document at the USPTO in this video. The post How to Sign a Trademark Filing at the USPTO appeared first on Erik M Pelton & Associates, PLLC. Electronic signatures are a standard procedure for online documents, including trademark documents.

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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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The Patent Eligibility Absurdity Continues

IP Watchdog

Recently, it has come to my attention that a system that utilizes a camera to capture images and software to run facial recognition is being rejected by the United States Patent and Trademark Office (USPTO) as an abstract idea. Why? Well, it unfortunately seems that the reason is simply because the purpose of this very tangible, working system is to identify people and charge them a fare.

Patent 98
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Why Privacy And Trade Secret Law Are On A Collision Course

JD Supra Law

Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence. Originally published in Law360 - August 7, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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More Trending

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Modern Foods v. Modern Snacks: A Pragmatic Approach to Trademark Infringement Suit Injunctions

SpicyIP

[This post is authored by our former blogger Rahul Bajaj. Rahul is an attorney at Ira Law.] When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal.

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Media Publishers File Flawed Competition Act Application Over Meta Blocking News Links Due to Bill C-18

Michael Geist

As the fallout from Bill C-18 continues , a coalition of Canadian media outlets – News Media Canada, the Canadian Association of Broadcasters, and the CBC – have filed an application with the Competition Bureau seeking an inquiry into Meta’s decision to block news links in response to the bill’s mandated payments for links approach. There is unquestionably a need for greater competition work with respect to Internet platforms, but a case grounded in refusal to link is not the place t

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Adding matter by amending the description to exclude embodiments (Ensygnia v Shell [2023] EWHC 1495 (Pat))

The IPKat

The recent High Court decision in Ensygnia v Shell ( [2023] EWHC 1495 (Pat) ) is highly relevant to the ongoing controversy of claim interpretation and description amendments ( IPKat ). In Ensygnia v Shell , Miss Charlotte May KC (sitting as Deputy Judge in the High Court of England and Wales) considered how a post-grant amendment which added the phrase that certain embodiments "fell outside the scope of the claims", might affect claim interpretation.

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"Face" sunscreen 2x as expensive as regular plausibly misleading when formula was the same

43(B)log

Akes v. Beiersdorf, Inc., 2023 WL 5000434, No. 3:22-cv-869 (JBA) (D. Conn. Aug. 4, 2023) Akes brought the usual California claims /unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce bottle of Coppertone Sport Mineral sunscreen as “Face 50” to believe that it was “specifically designed” or “specifically formulated” “for use on the face.

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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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Lead YouTube Content-ID Scammer Requests Reduced Prison Sentence

TorrentFreak

In 2021, the US Department of Justice launched a criminal proceeding against two men suspected of running a massive YouTube Content ID scam. By falsely claiming to own the rights to more than 50,000 songs, the pair generated more than $23 million in revenue. Last year, the first defendant confessed to his part in the copyright swindle by pleading guilty.

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The Soft Power of the Toyota Production System—Yokoten, Nemawashi, and More

Christopher Roser

When we are talking about lean manufacturing, we often focus on the tools like kanban, 5S, SMED, and many more. Sometimes, but harder to grasp, is the underlying culture and philosophy of continuous improvement and PDCA. Part of this culture is what you could call the soft power of the Toyota Production System. This is. Read more The post The Soft Power of the Toyota Production System—Yokoten, Nemawashi, and More first appeared on AllAboutLean.com.

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Caltech, Samsung Settle IP Row After Gilstrap Denies Transfer

IP Law 360

U.S. District Judge Rodney Gilstrap paused all deadlines in a dispute between Caltech and Samsung after the two told the court Tuesday they are finalizing a settlement to resolve the university's infringement action against the multinational electronics giant over data transmission patents, several months after the judge rejected Samsung's request to transfer the dispute to California.

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The Art of Attraction: How Visual Art Drives Customer Traffic and Retention

Art Law Journal

In the evolving market landscape, businesses are returning to brick-and-mortar roots. Art plays a crucial role, transforming establishments into inviting, personal spaces. This shift, enhancing both customer connection and retention, paves the way for increased sales and a distinctive business identity.

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Fed. Circ. Told Apple Watch Ban Could Turn ITC 'Meaningless'

IP Law 360

The U.S. International Trade Commission's holding that Apple Watch imports should be banned for infringing another company's patents risks turning the agency into a standard patent litigation forum, rather than one meant to rein in harmful trade practices, Apple Inc. has told the Federal Circuit.

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Prosecution Pointer 392

LexBlog IP

The USPTO resumes its training series focused on Patent Center. There are one-hour interactive training session on how to file and manage applications in Patent Center. The upcoming training sessions are scheduled for August 10, 17, 24, 29, and September 14, 19, and 28. A link can be found here.

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InterDigital Beats Antitrust Suit Over Patent Licenses, For Now

IP Law 360

A California federal judge on Tuesday dismissed with leave to amend a suit brought by a Swiss chipmaker alleging that InterDigital Inc. is breaking antitrust laws by demanding unfairly high royalty rates to license patents considered essential to 3G and 4G cellular tech standards.

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ACCC seeks input on environmental and sustainability guidance

LexBlog IP

On 14 July 2023, the Australian Competition and Consumer Commission (ACCC) published the Environmental and sustainability claims – Draft guidance for business (Draft Guidance). The Draft Guidance aims to assist businesses in making of environmental and sustainability claims to avoid the risk or misleading or deceptive behaviour. Why change existing guidelines on environmental and sustainability [.

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PTAB Invalidates Some Claims In Stryker Bone Plate Patent

IP Law 360

A panel of patent board judges has wiped out eight claims in a patent covering a type of orthopedic implant meant to fit between two bone parts that was developed by researchers at the surgical giant Stryker and asserted in a lawsuit in Illinois federal court with a Berkshire Hathaway-owned rival.

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The AP, copyright, and the bloggers

Likelihood of Confusion

You can’t have missed the story, in all its agony. One weensy problem with the blogosphere: It’s so quick, so supple, so instantaneous, so plastic… that it is also reactive, The post The AP, copyright, and the bloggers appeared first on LIKELIHOOD OF CONFUSION™.

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Gizmodo Editor-In-Chief Says Apple Film Ripped Off His Book

IP Law 360

The editor-in-chief of tech news website Gizmodo has accused Apple Inc. of ripping off his 2016 book, "The Tetris Effect," for its new film, "Tetris," which he said is "substantially similar in almost all material respects, including specific chapters and pages" that were copied from his book to the film.

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AI Governance: An Overlooked Imperative

LexBlog IP

Introduction to AI Governance: Why It Matters As we stand on the precipice of the AI Revolution, artificial intelligence (AI) is emerging as a powerful transformative force. AI offers the potential to reshape industries and redefine how we work, live, and interact. Yet, with this well-promoted potential, comes an equally significant responsibility. AI governance policies set forth the framework of principles, policies, and procedures that guide its use.

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Dua Lipa Can't Wiggle Out Of 'Levitating' Copyright Suit

IP Law 360

Singer Dua Lipa cannot escape a copyright infringement suit over her chart-topping song "Levitating," a New York federal judge ruled Tuesday, finding that the authors of a 1979 disco song have pled "just enough facts" to allege the Grammy-winning pop star's 2020 hit is strikingly similar to their work.

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Infographic | Direct filings in Venezuela and Argentina

Olartemoure Blog

Ever faced a direct filing both in Venezuela and Argentina using two agents and requiring a spanish version of the foreign filing text? You know you’re running against time , trying to come up with the final text, trying to cram as much subject-matter from those priority claims all into one place. Argentina The Argentina agent says you can file in english (except for the title and abstract), but you know you’ll be subject to hefty sworn translation costs when submitting the spanish version post-filin

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Fed. Circ. Grill Ruling Clears Up Original Patent Requirement

IP Law 360

The Federal Circuit's recent decision rejecting a floating grill company's patent reissue request clarifies the original patent requirement and offers several cautionary lessons for legal practitioners, including the need to think critically and creatively about disclosure, says Alexis Cohen at WilmerHale.

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Rent Never Abates to Zero and Other Tips for Tenants (again!)

LexBlog IP

I originally wrote this post in 2018. While I don’t love utilizing old blog posts, this is an important topic and the fact that more tenants don’t know their rightsget caught in these trap doors, is a personal pet peeve. With COVID dollars drying up and evictions back in person in Milwaukee County, I thought it was a good time to dust off this post and re-visit it.

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Kimade Drink Maker Says Rival Ripped Off Kardashian Image

IP Law 360

The maker of a Kim Kardashian-themed energy drink is accusing a beverage competitor and a social media influencer of mimicking a copyrighted image featuring Kardashian to promote its own pink-colored beverage on Instagram, according to a suit filed Monday in Illinois federal court.

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CAFC Dismisses Pro Se Inventor’s Challenge to PTAB’s Obviousness Ruling

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a ruling in Shamoon v. Resideo Technologies, Inc. affirming a final written decision by the Patent Trial and Appeal Board (PTAB) that invalidated patent claims covering a communication system for accessing geographically remote locations. While the decision was nonprecedential, the Federal Circuit also struck down constitutional challenges to the PTAB proceedings raised by the pro se inventor and patent owner.

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In-Office Engagement Is Essential To Associate Development

IP Law 360

As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

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Consider Protecting Your Brands Early in the Era of Artificial Intelligence

JD Supra Law

Artificial Intelligence (AI) is the latest emerging technology that is overtaking news headlines and transforming the way we live, learn, and work. The term generally refers to content created or produced by artificial intelligence algorithms, with chat bots like Chat GPT, Google BARD, and Microsoft Bing Chat saturating the market by storm.

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7th Circ. Backs Ill. Prof's Tax Conviction In China-Ties Case

IP Law 360

A Southern Illinois University math professor cannot reverse his conviction for concealing a Chinese bank account that led to criminal charges of filing false tax returns and violating foreign bank reporting regulations, the Seventh Circuit ruled Tuesday.

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An Overview of Shotgun Pleadings in the Federal Courts

JD Supra Law

Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to court. In this article we explore types of shotgun pleadings identified by courts and outline potential responses to a shotgun pleading.

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Duane Morris Picks Up DLA Piper White Collar, IP Atty In SF

IP Law 360

Duane Morris LLP continues expanding its West Coast litigation team, announcing Tuesday it is bringing in a DLA Piper white collar and intellectual property attorney as a partner in its San Francisco office.

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Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman

JD Supra Law

A Special Committee of Federal Circuit judges (consisting of Chief Judge Kimberly Moore, former Chief Judge Sharon Prost, and Judge Richard Taranto) that has been investigating for several months allegations against Judge Pauline Newman related to her competency to remain on the bench, released an Order on July 31st suspending the Judge from participating in the Court's business for a year.

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Shape of a teddy bear registerable for jewellery?

The IPKat

What do you see when you look at this picture? Whatever comes to your mind, is it a distinctive sign for jewellery? This is the question at the heart of the General Court’s judgment in Apart v EUIPO - S. Tous (Représentation d'un ours) ( T-591/21 ). Background In 2009, S. Tous, SL (‘Tous’) filed for EU trade mark no. 8127128 for the figurative sign depicted above.

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