Tue.Oct 10, 2023

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How Google’s Web Environment Integrity Proposal Could Change the Web

Plagiarism Today

Google's new Web Environment Integrity (WEI) proposal has been almost universally derided. Here's what it could do to the web. The post How Google’s Web Environment Integrity Proposal Could Change the Web appeared first on Plagiarism Today.

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Celebrating 500 Videos at erikpelton.tv

Erik K Pelton

Erik shares a new milestone for erikpelton.tv along with information on what you can find at our channel. Let us know what topics you would like to see more of in the comments! The post Celebrating 500 Videos at erikpelton.tv appeared first on Erik M Pelton & Associates, PLLC. Erik shares a new milestone for erikpelton.tv along with information on what you can find at our channel.

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3 Count: West End Controversy

Plagiarism Today

Pet Shop Boys call out Drake over song lyrics, Ubisoft sneaks Denuvo in after reviews, and Reddit releases latest transparency report. The post 3 Count: West End Controversy appeared first on Plagiarism Today.

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SCOTUS Won’t Rule on Whether Lanham Act Applies to Celebrity Personas

IP Watchdog

The U.S. Supreme Court on Tuesday denied a petition asking the justices to weigh in on whether the Lanham Act prohibits “the unauthorized use of a celebrity’s persona advertising third party brands with logos in a commercial motion picture as a trademark infringement?” The case stems from a suit brought by the partner of Christopher Jones, an actor in the 1960s, who was referenced in the film Once Upon a Time. in Hollywood (the film), written and directed by Quentin Tarantino.

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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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Genshin Impact: Major Private Server Dev Faces DMCA Subpoenas

TorrentFreak

With over 60 million players every month, Genshin Impact is one of the greatest success stories in videogames. The game stepped over the 60 million threshold in March 2022, and just over a year later hit a record 66.5 million. Since August, however, interest in the game has declined. The situation is hardly catastrophic but from a second 66.5m peak two months ago, player numbers in September returned to levels last seen in March 2022.

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The Toyota KPI Dashboard—Quality

Christopher Roser

In this third post of my series on the Toyota dashboard we will be looking in more detail at quality. The quality of Japanese car makers in general and Toyota in particular is quite a bit better than the rest of the world’s. After safety, quality is the second-most-important issue at Toyota, definitely before productivity. Read more The post The Toyota KPI Dashboard—Quality first appeared on AllAboutLean.com.

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The Tale of Indian Dynamic Injunctions Jurisprudence: One Step Forward Two Steps Back

SpicyIP

We are pleased to bring you a guest post by Krishna Ravishankar and Parul Anand on the evolution of the dynamic injunction jurisprudence in India. Krishna and Parul are third-year students from National Law University Jodhpur. The Tale of Indian Dynamic Injunctions Jurisprudence: One Step Forward Two Steps Back Krishna Ravishankar and Parul Anand Injunction, a veteran tortious remedy for legal infringements, has taken a dynamic form to address novel infringements previously absent in the non-dig

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Purdue Pharma L.P. v. Accord Healthcare Inc. OxyContin® (Oxycodone HCl)

JD Supra Law

Case Name: Purdue Pharma L.P. v. Accord Healthcare Inc., No. 20-1362-RGA, 2023 WL 2894939 (D. Del. Apr. 11, 2023) (Andrews, J.) Drug Product and Patent(s)-in-Suit: OxyContin® (oxycodone HCl); U.S. Patents Nos. 9,763,933 (“the ’63933 patent”), 9,775,808 (“the ’808 patent”), and 9,763,886 (“the ’886 patent”), collectively “the Abuse-Deterrent patents,” 9,073,933 (“the ’73933 patent”), and 9,522,919 (“the ’919 patent”), together “the Low ABUK patents”.

Patent 70
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Creator Spotlight with Surface Pattern Designer Ewa Brzozowska

Copyright Alliance

This week we’d like to introduce you to surface pattern designer and illustrator Ewa Brzozowska. You can follow Ewa on Instagram and also browse her Etsy shop. What was the […] The post Creator Spotlight with Surface Pattern Designer Ewa Brzozowska appeared first on Copyright Alliance.

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The Laws of Fashion: Then and Now - Q&A with Karen Artz Ash - Katten Kattwalk | Issue 26

JD Supra Law

As one of the pioneers of "fashion law" as a practice, Karen Artz Ash has a unique perspective on the multitude of legal issues involved in the fashion industry. Successful brands rely on counsel adept at navigating a myriad of legal and business issues, from intellectual property assets and finance to real estate, supply chain, manufacturing, and, more recently, ESG trends and emerging technology.

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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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$18B A.I. Investment in 1Q 2023 is up 86% Over 4Q; Writers Guild Takes the Lead on A.I. Regs

IP Close Up

The meteoric rise of generative A.I., while exciting, presents a threat to IP holders, such as creators, businesses and investors, as well as the public.

IP 74
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EDVA Judge Denies Motion to Strike New Evidence in Reply Brief and Transfers Patent Case to California

JD Supra Law

In an October 3 decision, U.S. District Judge Thomas S. Ellis III granted a motion to transfer venue of a patent case brought in the EDVA to California under 28 U.S.C. § 1404(a). Monarch Networking Solutions LLC.v Juniper Networks, Inc., Case No. 1:23 CV670, Dkt. No. 70 (E.D.Va. Oct. 3, 2023).

Patent 70
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literal falsity of claim that website doesn't allow checkout in under a minute supports preliminary injunction

43(B)log

Novation Solutions, Inc. (o/a DealMaker) v. Issuance Inc., 2023 WL 6373871, No. 2:23-cv-00696-WLH-KSx (C.D. Cal. Aug. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. Issuance is a competitor: a financial technology company with a retail capital raising and investment processing platform.

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Latest Federal Court Cases - October 2023

JD Supra Law

Sisvel International S.A. v. Sierra Wireless, Inc., Appeal Nos. 2022-1493, -1547 (Fed. Cir. Oct. 6, 2023) Our Case of the Week falls in a series of cases concerning patents that claim a means for performing a particular function using a general-purpose computer. That line of cases has held that the patent must disclose an algorithm that would perform the function.

Patent 65
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EDNY judge doesn't have a beef with Wendy's and McDonald's ads

43(B)log

Chimienti v. Wendy’s Int’l, LLC, No. 22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Sept. 30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various menu items sold at their restaurants by making the food look bigger in pictures with more toppings and thicker patties.

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Patentee’s Own Clinical Trial Renders Unpatentable Patent Claims Directed to Antibody Treatment

JD Supra Law

In a final written decision of an inter partes review proceeding, the Patent Trial and Appeal Board found all 12 claims of a challenged patent unpatentable as either anticipated or obvious. Each ground of unpatentability relied, in whole or in part, on Patent Owner’s own prior art, including clinical trials published at ClinicalTrials.gov.

Patent 65
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Corellium Inc.’s Bite of Apple’s iOS for Security Research is Fair Use

LexBlog IP

Apple owns copyrights in iOS, the operating system software used for Apple devices like the iPhone, iPad, and iPod Touch. Corellium offers a software platform called CORSEC that simulates various mobile device operating systems, including iOS, to enable mobile app developers to test the security and integration of their app software by mimicking how it will run on actual mobile devices.

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Surname Refusals - Rarity Alone Will Not Defeat a Refusal To Register

JD Supra Law

A mark that is “primarily merely a surname” cannot be registered on the Principal Register per Section 2(e)(4) of the Trademark Act, 15 U.S.C. § 1052(e)(4). Even though a surname may be rare, in In re Weale Care, LLC, Serial No. 90756950 (TTAB Sept. 26, 2023) (originally designated as precedential, then not), that alone will not overcome a surname refusal.

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Ping® By AdlerLaw – Public Art & Social Media

LexBlog IP

Or, Can I post a photo of graffiti art to Instagram? Imagine this scenario: while traversing the city on your daily walk to the office you see some interesting graffiti on the inside of a stairwell in the commercial building housing your favorite independent coffee shop. It’s clearly layers upon layers of works by who-knows-how-many artists. Next to the stairwell is a sign, with icon of a camera, and hashtag.

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Judge Oetken Rules That Disqualification Motion Will Not Fly

JD Supra Law

On May 1, 2023, United States District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Nike, Inc. (“Nike”)’s motion to disqualify counsel for defendant, Lululemon USA Inc. (“Lululemon”). In an action concerning patents related to Nike’s Flyknit shoe technology, Judge Oetken found that Nike had not sufficiently made out a case of disqualification as to its adversary's lawyers.

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If You’re Making Your Own Board Game, How Do You Protect Your Idea?

LexBlog IP

If You’re Making Your Own Board Game, How Do You Protect Your Idea? by Yuri L. Eliezer How to Legally Protect your Board Game with Intellectual Property Law Table of Contents: Copyright Law Design Patents Trademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. A lot of people are familiar with it.

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Proposed Claims Allowed Despite Including Amendments Not Responsive to Unpatentability Ground

JD Supra Law

In American National Manufacturing Inc. v. Sleep Number Corporation, the Federal Circuit held that so long as a proposed claim amendment does not enlarge the scope of the claims, does not add new matter and is responsive to a ground of unpatentability, the patent owner may also make additional amendments to those proposed claims.

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Quarles & Brady Brings On IP Litigator From Sheridan Ross

IP Law 360

Quarles & Brady LLP has hired a patent litigator who represents clients in the technology and telecommunications sectors for the firm's intellectual property practice in its Denver office.

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Counterfeit rodent gets the cheese

Likelihood of Confusion

Decadent western culture is rat obsessed, it’s true. But sometimes the rodent has to take one for the team. Now, in true Islamist fashion, but with an IP twist: How. The post Counterfeit rodent gets the cheese appeared first on LIKELIHOOD OF CONFUSION™.

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Digital Delusions: Libel Lawsuit Based on Alleged ChatGPT “Hallucination”

LexBlog IP

We’ve all heard about so-called AI “hallucinations,” when AI programs like ChatGPT make up “facts” that are not true. For example, lawyers have gotten in trouble for citing fake AI-generated court cases, as we wrote about here and here. But could the creator of the AI platform itself also be held accountable? Conservative radio host Mark Walters thinks so.

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CCC Announces New Capabilities for its OA Agreement Management Tool and Participation in Frankfurt Book Fair

Velocity of Content

CCC announced new data import capabilities and AI-enabled affiliation matching in our OA Agreement Intelligence modeling and analytics tool via press release today. CCC will highlight these features while joining other conversations about AI during the Frankfurt Book Fair at the following events: AI Solutions: Trained with Your Content at the Frankfurt Studio – Public Events (Foyer, Hall 4.0) on 19 October 1:00pm – 2:00pm CEST.

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Surname Refusals – Rarity Alone Will Not Defeat a Refusal To Register

IP Intelligence

A mark that is “primarily merely a surname” cannot be registered on the Principal Register per Section 2(e)(4) of the Trademark Act, 15 U.S.C. § 1052(e)(4). Even though a surname may be rare, in In re Weale Care, LLC , Serial No. 90756950 (TTAB Sept. 26, 2023) (originally designated as precedential, then not), that alone will not overcome a surname refusal.

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Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products

The TTABlog

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. There was no dispute regarding priority, nor regarding the similarity of the goods, channels of trade, and classes of consumers.

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YouTube videos aren't commercial advertising/promotion even if some commercial info is in channel bio

43(B)log

Wealthy, Inc. v. Cornelia, 2023 WL 6379449, No. 2:21-CV-1173 JCM (EJY) (D. Nev. Sept. 29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Defendant Buczkowski is the owner and operator of Wealthy, allegedly a “leading entrepreneurship, finance, business, real-estate and self-improvement company.

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High Court Won't Mull Litigation Impact Of Patent App. Delays

IP Law 360

The U.S. Supreme Court on Monday denied a petition from Personalized Media Communications, which had sought to revive a $308 million patent verdict against Apple by getting the justices to review a doctrine about the impact of patent application delays.

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Panels on Exploring the New Constitutional Limits on Trademark Law

43(B)log

FRIDAY, NOV 3 2023 8:45AM - 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program.

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TM Suit Over Italian Restaurant Names Gets Trimmed

IP Law 360

A New York federal judge has partially trimmed a trademark lawsuit Tuesday from the company that owns The Old Spaghetti Factory restaurant chain, throwing out certain claims made under Empire State law.

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Prosecution Pointer 397

LexBlog IP

Checking on the status of a Certificate of Correction? Contact the Certificates of Correction Branch via e-mail, mail or telephone.

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Judge Axes Sonos' $33M Win, Calling Suit 'Sad' And 'Wrong'

IP Law 360

Declaring that Google was actually the real wireless technology "innovator," U.S. District Judge William Alsup of the Northern District of California has wiped out speaker maker Sonos' nearly $33 million jury award against the tech giant a few months ago.

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RIAA Reports AI Vocal Cloning Site ‘Voicify’ to the U.S. Government

TorrentFreak

Over the past year, new artificial intelligence tools and services have been surfacing everywhere. This AI boom followed the success of ChatGPT and many people believe these recent developments are just the beginning. While entrepreneurs and the public at large are mostly focused on the new possibilities the technology offers, many copyright holders are focused on potential threats.

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