Tue.Sep 14, 2021

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Why You Should Never Use the Stock Content in a Website Theme

Plagiarism Today

Building a new website is literally easier than it’s ever been. There are countless services that will help you get started and a never-ending slew of tools to help you get your business or personal endeavor online. However, that’s not to say that there is no work. One still needs to make the site look attractive, fill it with useful content, and then maintain/update the site moving forward.

Licensing 281
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Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Hugh Stephens Blog

My wife was flexing her wrist, extending her forefinger and manipulating her thumb, following the instructions on the sheet in front of her that the physiotherapist had provided. She (my wife that is) had broken her wrist a few weeks earlier, in an unfortunate fall. With neither of us having ever broken a bone before, … Continue reading "Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Copyright 246
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Trending Sources

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3 Count: Music Licensing is Strange…

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Hollywood Demands $16.35m From Operator of Pirate IPTV Services. First off today, Andy Maxwell at Torrentfreak writes that the Alliance for Creativity and Entertainment (ACE) is asking for some $16.35 million in damages, a permanent injunction and the execution of an earlier settlement agreement against the alleged operator of the site Altered Carbon, Area 51 and other pirate services.

Music 190
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Hollywood Demands $16.35m From Operator of Pirate IPTV Services

TorrentFreak

Early July, Warner Bros., several Universal companies, Amazon, Columbia, Disney, Netflix, Paramount, Sony, and other content creators filed a lawsuit against Jason Tusa , the alleged operator of Altered Carbon, Area 51, and other pirate IPTV services. According to the complaint filed in a California court, Tusa is well known to the plaintiffs. In 2020 his Area 51 service was shut down following an Alliance For Creativity and Entertainment (ACE) cease-and-desist letter.

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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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Does My Non-Profit Need Trademark Protection?

Erik K Pelton

When it comes to non-profit organizations and trademark protection, there are several misconceptions. In this episode, Erik discusses why trademark protection is just as important for non-profits as it is for other organizations and businesses. The post Does My Non-Profit Need Trademark Protection? appeared first on Erik M Pelton & Associates, PLLC.

Trademark 113
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‘Black Widow’ vs. ‘Shang-Chi’ Piracy and the Return of Disney’s Box-Office Exclusives

TorrentFreak

During the COVID pandemic, studios including Disney, NBCUniversal, and Warner Bros have experimented with shorter release windows. In some cases, titles premiered on streaming services and at the box office at the same time. This is good news for consumers, who have more choice. However, movie theaters see these experiments as an existential threat.

Copying 132

More Trending

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IPWatchdog LIVE Panel Examines Google v. Oracle: SCOTUS Punted on Copyrightability

IP Watchdog

Yesterday at IPWatchdog LIVE, a morning panel discussed “The Impact of Google v. Oracle on Fair Use.” That decision of the U.S. Supreme Court, issued this April, has many ramifications for the future of copyrightability of computer code as well as the analysis of transformative uses of computer code. Speaking on the panel was Chad Rutkowski, Partner at Baker & Hostetler LLP; Van Lindberg, Partner at Taylor English and Counsel and Director of the Python Software Foundation; and Llewellyn Gib

Copyright 119
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Federal Circuit Affirms Exclusion of Expert Opinion on Reasonable Royalty Rate

JD Supra Law

On August 26, in MCL Intellectual Property, LLC v. Micron Technology, Inc., the Federal Circuit affirmed exclusion of an expert opinion regarding a reasonable royalty, holding that the district court did not abuse its discretion by excluding the expert’s unfounded opinions and late-disclosed damages theories. MLC Intellectual Property, LLC (“MLC”) had brought the action in district court against Micron Technology, Inc.

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My Business Strategy Internship with 3D Bridge Solutions

IPilogue

Krystel Ametepeh is an IP Innovation Clinic Fellow and a 2L JD Candidate at Osgoode Hall Law School. As part of the IP Innovation Clinic’s involvement in the inaugural year of Mitacs’ Business Strategy Internship program, Krystel completed an internship at 3D Bridge Solutions under the direct supervision of Karima Bawa. As Principal Investigator, Prof.

Business 106
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Celebrity sin

Likelihood of Confusion

This is good. Thanks, Greta Lee Jackson! We all learn and grow, amirite? Turns out the celebs behind the #ITakeResponsibility video got it a bit wrong and want to apologise.Let’s. The post Celebrity sin appeared first on LIKELIHOOD OF CONFUSION™.

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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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“Shall Be the Property” Is Insufficient to Automatically Assign Title to an Invention in a Contract

JD Supra Law

On August 2, 2021, in Omni MedSci, Inc. v. Apple Inc., No. 20-1715, slip op. (Fed. Cir. Aug. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing. At the center of the Majority’s holding was its decision that the contractual language “shall be the property of the University” did not create a present automatic assignment of title to.

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Cryptocurrencies and NFTs are all the rage

Managing IP

Cyril Abrol of Remfry & Sagar discusses the regulatory benchmarks for cryptocurrencies and non-fungibles tokens and why India could become a hub of crypto innovation

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Creator Spotlight with Author Ivelisse Rodriguez

Copyright Alliance

This week we would like to introduce you to Author Ivelisse Rodriguez. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? In […]. The post Creator Spotlight with Author Ivelisse Rodriguez appeared first on Copyright Alliance.

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These Firms Have The Most Women In Equity Partnerships

IP Law 360

Many law firms are seeing only modest progress as they seek to close the gender gap in their top ranks. But these firms are working to shake up that reality and forging a path to progress.

Law 75
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WIPO Director General: ‘IP Should Not Be Treated as an Afterthought’

IP Close Up

In a recent interview with Daren Tang, Director General of the World Intellectual Property Organization (WIPO), ‘IPKat,’ the esteemed IP publication, alludes to the Center Continue reading.

IP 95
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Square Joins IP Nonaggression Group For Open-Source Tech

IP Law 360

Financial technology giant Square has joined the Open Invention Network, an organization committed to protecting open-source software and promoting "patent nonaggression," OIN said Tuesday.

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CCC Partners with Joanne Kamens, PhD, to Deliver 4-Part Webcast Series for Emerging R&D Organizations

Velocity of Content

Optimizing Culture and Information Management: Best Practices for Emerging R&D-intensive Organizations. Biotech and other R&D-focused startups have their own unique set of operational and management challenges. With often limited resources, staff and centralized tools, it can be difficult at the onset to set a proper foundation for continued and rapid growth.

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Netflix Nixes 3 Patents From Broadcom Suit Under Alice

IP Law 360

A California federal judge dismissed without prejudice three streaming patents from Broadcom Corp.'s suit against Netflix Inc., ruling Tuesday that they are invalid under the U.S. Supreme Court's Alice ruling because they claim nothing more than abstract ideas.

Patent 75
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legal memo to existing customers wasn't "commercial advertising or promotion"

43(B)log

IHS Global Ltd. v. Trade Data Monitor, LLC, 2021 WL 2134909, No. 2:18-cv-01025-DCN (D.S.C. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, and you can basically guess what happened next. The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Da

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Groups Urge ITC To Ban Google's Speakers In Sonos IP Fight

IP Law 360

Patent organizations, educational nonprofits and Grammy Award-winning record producers are among those backing Sonos' bid for the full U.S. International Trade Commission to review an administrative law judge's decision that would let redesigned software behind an infringing Google speaker system remain on the market.

IP 75
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Use of Method Claims

Patently-O

You may have head about the U.S. as a service-based economy. Does that help explain why most patents are now directed toward methods rather than products? pic.twitter.com/QNFfCA075k. — Dennis Crouch (@patentlyo) September 14, 2021.

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GE Nabs Early ITC Win In Wind Turbine IP Fight With Siemens

IP Law 360

The U.S. International Trade Commission has issued an initial determination in General Electric's bid to block a rival's wind turbine imports, with an administrative law judge finding that Siemens Gamesa infringes one of two GE patents.

IP 72
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Jacqueline Tio Named to Atlanta Business Chronicle’s 2021 40 Under 40 List

Fish & Richardson Trademark & Copyright Thoughts

The Atlanta Business Chronicle recently named Fish & Richardson Principal Jacqueline Tio to its 2021 “40 Under 40” list, which recognizes the region’s top young professionals across all industries. Tio’s advocacy at Fish emphasizes not only intellectual property litigation matters, but also long-term diversity initiatives, including the advancement of women and minorities at all levels.

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TikTok Creator Says SNL Star Michael Che Stole Comedy Skit

IP Law 360

A popular TikTok creator filed a copyright lawsuit Tuesday against "Saturday Night Live" star Michael Che that accused him of ripping off a comedy bit about "home girls" on his new HBO Max series.

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Prosecution Pointer 294

LexBlog IP

WIPO’s PCT legal and User Relations Division is offering a webinar on September 23, 2021, entitled “Mastering Priority Claims in PCT applications.” A link to the online registration can be found here. Read more.

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GoPro Loses Bid For Quick Win On Digital Camera Patents

IP Law 360

A California federal judge on Monday refused to hand a quick win to GoPro Inc. in a spat with Contour IP Holding LLC over digital camera technology, rejecting GoPro's arguments that the pair of patents it's accused of infringing fail the first step of the U.S. Supreme Court's Alice test.

Patent 68
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Didn’t Cut the Mustard: PTAB Finds Claims Lacked Written Description and Enablement

JD Supra Law

A recent post-grant review decision once again reminds patentees of the increasing scrutiny that claims are facing under the written description and enablement requirements under 35 U.S.C. § 112 (a). In this case, Commonwealth Scientific and Industrial Research Organization (“Petitioner”) filed a petition requesting post-grant review of claims….

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September Privacy and Security Roundup: Funding national cybersecurity, violating Safeguards Rule and fighting cyber threats

LexBlog IP

Not only are public and private companies increasingly targeted for cyber-attacks, but local and state governments across the country are as well. In our latest Privacy and Security Roundup , we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more.

Privacy 52
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Latest Federal Court Cases - September 2021 #2

JD Supra Law

In re: MaxPower Semiconductor, Inc., Appeal No. 2021-146 (Fed. Cir. Sept. 8, 2021) - In its only precedential patent case this week, the Federal Circuit denied a mandamus petition relating to the PTAB’s institution of inter partes reviews of MaxPower’s patents. The case touches on, but does not completely resolve, whether the PTAB can institute inter partes reviews where the parties have agreed to arbitrate those disputes.

Patent 52
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The Court of Turin applies the proportionality principle to a patent injunction in Edwards Lifesciences Corp. et al. v. Meril Life Sciences Private Ltd. et al.

LexBlog IP

With an order issued on 16 June 2021 (available here ), the Court of Turin applied the proportionality principle in calibrating the scope of a preliminary injunction, with a carve out that excluded the application of the injunction to three ongoing supplies to health facilities. The case concerned a number of patents owned by the plaintiff covering an aortic valve and its positioning system, two of which were held valid and infringed by the products of the defendant companies.

Patent 52
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This Week in the Ninth: City Skylines and Stadium Seating

JD Supra Law

This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator seating. BELL v. WILMOTT STORAGE SERVICES, LLC The Court holds that the “de minimis” use defense to copyright infringement applies only where the defendant’s copying of the protected work is insubstantial, and not where that copying is total but inadvertent or inconsequential.

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TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed?

The TTABlog

The Board recently decided the appeals from the three Section 2(d) refusals described below. One of the refusals was reversed. Let's see how you do. [Answer in first comment]. In re Michael-David, LLC , Serial No. 88662293 (August 28, 2021) [not precedential] (Opinion by Judge Marc A. Bergsman) [Section 2(d) refusal of NORTHCOAST WINE CO. for "wine" in view of the registered marks NORTH COAST BREWING , in standard character form, and the two word-plus-design marks shown immediately below, for "b

Designs 52
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Third Circuit Vacates $10.6 Million Trademark Infringement Award, Clarifying Several Standards to Be Applied by Trial Courts

JD Supra Law

In a recent precedential opinion, Kars 4 Kids Inc. v. America Can!, __ F.4th __ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit vacated a $10.6 million trademark infringement judgment against Kars 4 Kids Inc. (“Kars 4 Kids”) and remanded to the District Court to reanalyze whether Kars 4 Kids should disgorge its profits to the prevailing party, America Can!

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student social media use of school colors/logo not plausibly confusing

43(B)log

Arizona Board of Regents v. Doe, 2021 WL 3684116, No. CV-20-01638-PHX-DWL (D. Ariz. Aug. 18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. The Board sued Doe for trademark infringement and related claims; Doe defaulted.

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Industry Snapshot: Design Patents For Golf Club Heads (August 2021)

JD Supra Law

In simplictic terms, golf is a game played with a small, hard ball and a set of clubs on an outdoor course with 9 or 18 holes. The player tries to hit the ball into each of the holes in turn with the fewest possible strokes. A golf club is composed of a shaft with a hand grip on one end and a club head on the opposite end.