Wed.Apr 03, 2024

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3 Count: Channel 5 vs. Fox 5

Plagiarism Today

YouTuber sees documentary taken down, German publishers get Sci-Hub blocked and Ugandan artists battle over copyright on YouTube. The post 3 Count: Channel 5 vs. Fox 5 appeared first on Plagiarism Today.

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Top 5 Reasons to Register a Trademark

Erik K Pelton

There are many benefits to registering your trademark, and Erik shares his top 5 in this episode. The post Top 5 Reasons to Register a Trademark appeared first on Erik M Pelton & Associates, PLLC. There are many benefits to registering your trademark, and Erik shares his top 5 in this episode.

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Copyright Claims Board Consolidates Games Workshop Claims

Plagiarism Today

The Copyright Claims Board has consolidated 12 cases filed by Games Workshop against an alleged repeat infringer. The post Copyright Claims Board Consolidates Games Workshop Claims appeared first on Plagiarism Today.

Copyright 159
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An Independent Musician’s Perspective on the TikTok Legislation Before Congress

IP Watchdog

There are many loud voices making a lot of noise about TikTok right now, and as someone who makes “noise” for a living, I thought I’d provide an independent musician’s perspective on the TikTok legislation before Congress: I hope it passes, both as an American and as a music maker. First of all, this bill restricts TikTok, it does not “ban” the app.

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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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Addressing the Need for Copyright Education in Medical Communications

Velocity of Content

CCC is committed to addressing the ongoing needs and challenges of both medical communications professionals and leading publishers of medical journals. Whether facilitating important panel discussions, exploring the impact of the latest industry trends at customer-focused events like our recent Permissions Roundtable on 11 March, or gathering customer feedback via Customer Service and surveys, one message is consistently heard – there is a need for additional copyright education around the reus

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SAVE THE DATE: Internet Law Works-in-Progress Conference, SCU, March 8, 2025

Technology & Marketing Law Blog

After a multi-year hiatus due to the pandemic, the Internet Law Works-in-Progress conference is returning! ( Some background about the series ). The conference provides a venue for authors of Internet Law papers (broadly conceived) to workshop their drafts and get pre-publication feedback from peers. We are also putting together a game night that should feature a very rare gaming experience you won’t want to miss.

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Section 230 Preempts Clean Air Act Lawsuit Over “Defeat Device” Apps—U.S. v. EZ Lynk

Technology & Marketing Law Blog

This case involves “ defeat devices.” When installed on a car, they suppress or bypass emission controls designed to protect the environment. It’s terrible that anyone uses defeat devices because we urgently must do more, not less, to prevent climate change. Section 203 of the Clean Air Act bans the manufacture or sales of defeat devices. (Yes, I struggled throughout this post keeping 203 separate from 230).

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TikTok Defeats Video Tech Patent Suit Over 'For You' Feature

IP Law 360

TikTok Inc. permanently defeated video technology developer 10Tales' infringement suit alleging the video-sharing giant's "For You" feature copied its invention covering a digital "recommendation system" presenting customized content relevant to users based on their social network information for advertising, after a California federal judge said Tuesday the concept was abstract and not inventive.

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EUIPO Refers First Questions on EUTMR Interpretation to Grand Board

IP Watchdog

The European Union Intellectual Property Office (EUIPO) announced today that it has for the first time referred questions of legal interpretation of the EU Trade Mark Regulation (EUTMR) to the enlarged Board of Appeal. The EUIPO’s Executive Director, João Negrão, asked the Office’s Grand Board of Appeal to weigh in on five questions concerning the practice of “conversion,” which allows an EU Trade Mark (EUTM) application or registration to be converted into one or more national applications when

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Microsoft Notches Fed. Circ. Win In 3D Imaging Patent Fight

IP Law 360

The Federal Circuit on Wednesday backed a ruling from an administrative tribunal that wiped out most of a patent issued to a Florida radiologist and his ex-Lockheed Martin business partner, whose company is suing Microsoft over its line of HoloLens AR headsets.

Patent 75
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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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NDCA’s New Whistleblower Pilot Program: A Unique Focus on Reporting Intellectual Property Theft

JD Supra Law

On March 18, 2024, Ismail Ramsey (“Ramsey”), the U.S. Attorney for the Northern District of California (“NDCA”), announced the launch of NDCA Whistleblower Pilot Program (the “Pilot Program”), a significant new policy that promises immunity from prosecution by the United States Attorney’s Office (“USAO”) for NDCA for certain individuals who voluntarily report corporate criminal misconduct.

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4 Ways To Motivate Junior Attorneys To Bring Their Best

IP Law 360

As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

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Michael Best is Seeking a Partner Level Advertising & Promotions Attorney

IP Watchdog

Michael Best & Friedrich LLP is seeking an experienced Advertising, Marketing, and Promotions Partner to help grow our Advertising and Brand Protection team. The ideal candidate will have significant expertise in traditional and new media advertising, marketing, and promotions matters and embrace the opportunity to help grow our nationally recognized practice.

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Winning Foreign Patent Damages Just Became A Lighter Lift

IP Law 360

The Federal Circuit has clarified that patent owners can ask for reasonable royalties when pursuing damages for foreign infringement and expanded what constitutes eligible infringement in those instances, a ruling attorneys say should make it easier to recover damages from abroad.

Patent 75
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Women at the ITC in 2023: What This Year's Data Shows

JD Supra Law

For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are underrepresented at the ITC. While research shows women make up about 50% of the population, 50% of associates, and 39% of the profession generally, they only made up 27% of the ITC advocates in both 2022 and 2023.

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Hytera's Word Alone Won't Lift $1M-Per-Day Sanctions

IP Law 360

An Illinois federal judge on Wednesday refused to lift a $1 million-a-day fine and other contempt sanctions against Hytera Communications without more proof it was out of options to derail Chinese litigation Hytera started against Motorola Solutions, saying she could no longer take the company's representations at face value.

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Amazon’s Brand Registry: What You Need To Know

JD Supra Law

In its 2023 Brand Protection Report, Amazon reveals its efforts to eliminate counterfeit products. Bolstered by more than $1.2 billion in investment and 15,000 personnel, from machine learning scientists to specialized investigators, the company secures its platform from counterfeiting, fraud, and abuses. Among its achievements, Amazon reports that over 700,000 bad actors have been deterred from making seller accounts.

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USPTO Fees: Targeted Higher Fees to Push for Compact

Patently-O

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. [ Read the Notice of Proposed Rulemaking ] While incremental fee adjustments are common, the proposed changes for FY2025 are particularly noteworthy due to their magnitude in certain targeted areas and potential impact on applicant behavior.

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How to Maximize Your AI-Assisted Invention’s Patentability

JD Supra Law

Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and issued guidance in February outlining what it takes to obtain patent protection when AI is involved in the invention process.

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VLSI's Bid To Undo Intel Patent Win Is Scrutinized On Appeal

IP Law 360

A Federal Circuit panel on Wednesday questioned VLSI's position that the Patent Trial and Appeal Board wrongly found claims of its computer memory patent invalid in a challenge by Intel, suggesting that a previous ruling may have foreclosed VLSI's argument.

Patent 49
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What do you have to Show to Prove that Someone Misappropriated Trade Secrets?

JD Supra Law

What must you show to prove that someone misappropriated trade secrets? The Arkansas Uniform Trade Secrets Act provides that misappropriation of trade secrets can be shown in one or more of three ways: acquisition or physical retention, disclosure, or use.

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March 2024 Roundup of Copyright News

Copyright Alliance

In March, the courts remained extremely busy with a range of copyright cases including a final conclusion to a monumental fair use case. Here is a quick snapshot of those […] The post March 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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Can Your Trademark Be False Advertising?

JD Supra Law

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be discontinued.

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Lidl v Tesco – Court of Appeal overturns copyright infringement finding

Kluwer Copyright Blog

On 19 March 2024, the Court of Appeal handed down its decision on the appeal in the Lidl v Tesco case ( [2024] EWCA Civ 262 ), holding as follows. First instance (High Court) decision Court of Appeal ruling Copyright infringement Overturned (appeal allowed) Trade mark infringement Upheld (appeal dismissed) Passing off Upheld (appeal dismissed) Trade mark invalidity (for the mark depicting the background to the main Lidl logo) Upheld (appeal dismissed) This post focusses on the Court of Appeal al

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Ninth Circuit Decision Quietly Blesses Cannabusiness Practice of Federal Trademark Registrations for Branded “Tobacco Products”

JD Supra Law

In a published decision issued April 1, 2024 (no fooling), the Ninth Circuit in BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc. weighed in on somewhat esoteric topics concerning whether federal courts have jurisdiction to hear challenges to pending federal trademark applications. While the Ninth Circuit’s decision there has caught the eye of many commentators, perhaps more interesting (and practical) for cannabusinesses looking to protect federal trademark rights was the Ninth.

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Mintz Adds Trademark Pro From Winston & Strawn In Calif.

IP Law 360

Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired an attorney for its intellectual property practice group who worked for more than a decade at Winston & Strawn LLP and spent brief in-house stints at Nike and video game company Capcom.

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District Court: ANDA Label including Non-Infringing Uses is Not Sufficient to Induce Infringement

JD Supra Law

In a Hatch-Waxman case, the District Court for the District of New Jersey recently found that a generic label that included an allegedly infringing permissive use did not induce infringement where the label cautioned against that use and provided non-infringing alternatives. The district court additionally found no direct infringement where the patentee failed to present….

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Patent Ownership Issues In Light Of USPTO AI Guidance

IP Law 360

Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.

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The King is dead; long live the King: Tennessee’s Updated Right of Publicity Statute

JD Supra Law

Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee legislature and signed into law the Ensuring Likeness, Voice, and Image Security (“ELVIS”) Act of 2024, HB 2091/SB 2096, which updates Tennessee’s right of publicity statute.

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Fed. Circ. Gets Lost In Intricacies Of Standing In Patent Law

IP Law 360

The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled.

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Maine Governor Vetoes Restrictions on Non-Competition Agreements

JD Supra Law

Maine Governor Janet Mills has vetoed legislation that would have severely restricted the contexts in which Maine employers could use and enforce non-compete agreements. The bill, LD 1496, would have significantly hampered Maine employers seeking to enter into non-competition agreements with their employees under most circumstances. By: Jackson Lewis P.C.

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Protecting Fashion or Stifling Innovation

IIPRD

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. This is evidenced by the numerous Geographical Indication tags endowed on various textiles and hand-looms throughout the country by the government. [2] This produces a higher opportunity for producing counterfeit good

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PTAB Terminates Institution in Netflix v. ???

JD Supra Law

The Patent Trial and Appeal Board (PTAB) recently dismissed and terminated inter partes review challenging claims of U.S. Patent No. 8,495,167 (“the ’167 patent”). Netflix, Inc. v. Owner, IPR2022-01568, Paper 29 (PTAB March 18, 2024). (The PTAB’s case captions originally listed Lauri Valjakka as the owner. Paper 29 uses “owner” instead because “the identity of the patent owner is unclear on the current record.

Patent 48
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failure to properly allege falsity dooms FedEx at 6th Circuit

43(B)log

Fedex Ground Package System, Inc. v. Route Consultant, Inc., No. 23-5456, F.4th -, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. The district court had focused on FedEx's harm story; the court of appeals turns on falsity.

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Tennessee Law Addresses Proliferation of Deepfakes

JD Supra Law

Tennessee has enacted the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which aims to protect individuals from the use of their persona in connection with “deepfakes” (i.e., fake content generated by artificial intelligence (AI) that a user is likely to mistakenly believe is legitimate).

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