Mon.Aug 09, 2021

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Erotic Romance Author Accused of Plagiarism from Fan Fiction

Plagiarism Today

Last week, Twitter user @KokomRoily began to feel a creeping sense of déjà vu as they were reading a novel by prolific erotic romance author Romilly King. According to KokomRoily, the book felt familiar after reading the first chapter and, by the second they, “felt sure I could tell what was going to happen next.” The reason was that, the book in question, Paid to Kneel , was plagiarized from an earlier work by a user named Blue_King that was posted on a Supernatural fan fiction foru

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Singapore’s Copyright Act Revisions: A Step in the Right Direction, But….

Hugh Stephens Blog

Singapore’s long awaited and long debated revisions to its copyright law were tabled in Parliament at the beginning of July with a view to enactment by the end of summer. This follows a two-month public consultation by the Law Ministry and Intellectual Property Office. The revisions have been in the works for some time, beginning … Continue reading "Singapore’s Copyright Act Revisions: A Step in the Right Direction, But….

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Trending Sources

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3 Count: Charter Sued Part Deux

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Major Record Labels Sue Charter Communications Again for Alleged Copyright Infringement. First off today, Kim Lyons at The Verge reports that the major record labels have joined forced to file a second lawsuit against Charter Communications over allegations that the internet service provider is not doing enough to deter piracy on its network.

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A brand’s R.O.T.I. – Return on Trademark Investment – far outweighs the costs of trademark protection

Erik K Pelton

Trademark protection isn’t free. But it isn’t terribly expensive. And most important, the Return on Trademark Investment – R.O.T.I. – far outweighs the costs. The returns from investing in trademark registration include. Use of the ®. Increased protection online with social media, domain names, and Amazon. Appearing in the USPTO database 24/7.

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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 Pirate Bay Switches to a Brand New V3 Onion Domain

TorrentFreak

When The Pirate Bay first came online during the summer of 2003, its main point of access was thepiratebay.org. Since then the site has burnt through more than a dozen domains, trying to evade seizures or other legal threats. The torrent site eventually returned to the.org domain which remains the official home today. While there are hundreds of Pirate Bay proxies online, none of these are operated by the TPB-team.

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Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

IP Watchdog

In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just begun. There were skeptics, but today any of the world’s six billion smartphone subscribers can read his essay on their devices practically any time, any place they choose.

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Emoji Version Variations Help Identify Fabricated Evidence–Rossbach v. Montefiore Medical

Technology & Marketing Law Blog

Rossbach worked at Montefiore Medical Center. She claims her supervisor sexually harassed her and then the center retaliated against her. This screenshot is the evidentiary centerpiece of her claim: The last line is the court’s: “This image is a fabrication.” A line no litigant ever wants to see in a court opinion discussing their evidence.

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Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

SpicyIP

Image from here. Appreciating the growing importance of AI in various fields as well as its economic impact, the Parliamentary Standing Committee Report (hereinafter the Report) recommended the ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. (Pg 38) The Report relying on a research report by Accenture stated that AI related innovations might add USD 957 billion to the Indian economy by 2035.

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Is the Federal Circuit too Trigger-Happy Invalidating Means Claims?

Patently-O

by Dennis Crouch. Rain Computing has filed an interesting petition to the Supreme Court focusing on indefiniteness and means-plus-function claims. Rain Computing, Inc. v. Samsung Electronics America, Inc. , No. 21-170 (Supreme Court 2021). Rain’s asserted claims require a “ user identification module configured to control access of … software application packages.

Art 119
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Trademarking Sounds

IPilogue

Photo by Breakingpic ( Pexels). Tugce Kucukali is an IPilogue Writer and incoming LL.M. Candidate at University of British Columbia. . A sound can be registered as a trademark if it fulfills the function of a trademark, namely, indicating the origin of the goods and services. Even if it is a well-accepted practice in trademark law, the inherent characteristics of a sound differentiate them from word or design marks.

Trademark 106
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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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This Week in Washington IP: Protecting State Venue Choices in Big Tech Antitrust Lawsuits, Designing Accessible Digital Public Infrastructure, and Addressing Climate Change and Food Security with Oceanic Tech Developments

IP Watchdog

This week in Washington IP events, both houses of Congress are mainly quiet this week except for an executive business meeting hosted by the Senate Judiciary Committee to discuss a pair of bills, including one that would protect venue choices by state attorneys general who have brought antitrust actions against Big Tech firms like Google. Elsewhere, New America discusses efforts to build digital public infrastructure to address access concerns raised during the COVID-19 pandemic, and the Atlanti

IP 106
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Broad Files Contingent Preliminary Motion No. 2 in CRISPR Interference

JD Supra Law

On May 28th, Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") filed its Contingent Preliminary Motion No. 2 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party), pursuant to 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2) and Standing Order ("SO") 203.2. This motion is contingent on the Board's grant of Broad's Substantive Preliminary Motion No. 1.

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Cox Appeal in Suit with Music Labels May Be Overreaching

The Illusion of More

On May 24, Cox Communications filed its opening brief at the Fourth Circuit Court of Appeals, asking that the panel either vacate the jury verdict holding the ISP liable for secondary copyright infringement or to at least order a new trial. Sony Music, joined by 57 other labels, sued Cox for vicarious and contributory infringement […]. The post Cox Appeal in Suit with Music Labels May Be Overreaching appeared first on The Illusion of More.

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In Qualcomm v. Intel, Federal Circuit Defends Procedural Rights Before the PTAB

JD Supra Law

Last month, in Qualcomm Inc. v. Intel Corp., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on six inter partes review (“IPR”) decisions that held claims 1-15, 17-25, and 27-33 of Qualcomm’s U.S. Patent No. 9,608,675 (“the ’675 Patent”) unpatentable as obvious. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent 101
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How Intellectual Property Impacts Renewable Energy Adoption

IP.com

The United Nations estimates that, in order to meet the goals set by the Paris Agreement, between 70 and 85% of the world’s electricity must come from renewable energy sources. The post How Intellectual Property Impacts Renewable Energy Adoption appeared first on IP.com - IP Innovation and Analytics.

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Supreme Court Finds Constitutional Violation in Patent Challenges, But Provides Quick Fix

JD Supra Law

For those familiar with inter partes review—or IPR, as it is known—the recent Supreme Court decision in U.S. v. Arthrex was much anticipated because it carried with it the potential to upend the entire IPR system. IPR has been popular with patent challengers and trial court defendants since 2012, when the America Invents Act (“AIA”) took effect. Any person or entity may challenge the validity of a patent by petitioning the Patent Trial and Appeals Board (“the PTAB”).

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The Law Bytes Podcast, Episode 97: John Lawford on Why the CRTC Should Take Action on Inadequate Low-Cost Wireless Plans

Michael Geist

The CRTC’s wireless decision earlier this year dubbed the “MVN-no” decision given its very limited opening to mobile virtual network operators in Canada sparked widespread frustration with the Commission. That decision included one less discussed element, however, namely the expectation that the major wireless carriers would introduce low-cost plans to ensure connectivity for low-income Canadians.

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Marks IP Fellowship at George Washington University – Open for Fall 2021

Patently-O

GWU Law has a great program designed to help IP scholars transition into academia: Frank H. Marks Intellectual Property Fellowship. Basically, you become a visiting professor for two years — teaching one course per year, helping with the GW IP program and working on your scholarship. They are hoping to find a candidate to start Fall 2021. Contact: iplaw@law.gwu.edu.

IP 97
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Protecting our Trademark Customers with Federal Registration of USPTO Marks

U.S. Department of Commerce

Protecting our Trademark Customers with Federal Registration of USPTO Marks. August 9, 2021. ASowah@doc.gov. Mon, 08/09/2021 - 09:45. Intellectual property. Guest blog by David Gooder, Commissioner for Trademarks . Imagine you are a trademark applicant who receives a notice in the mail from an agency claiming to be the USPTO, with an almost identical logo, informing you that the USPTO will deny or cancel your registration unless you pay a required fee.

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TTAB Dismisses TREK Bicycle's Opposition to RANGER TREK for Overlapping, Non-Bicycle Goods

The TTABlog

Frequent TTAB plaintiff Trek Bicycle finished second in this Section 2(d) opposition to registration of the marks RANGER TREK and RANGER TREK EXPEDITION JOURNALS & Design for various goods and services in International Classes 16, 18, 21, 25, 26, 28 and 41, on the ground of likelihood of confusion with the allegedly famous common law and registered mark TREK and formatives thereof (34 registrations) for a variety of products, including bicycles, clothing, backpacks, travel bags, all-purpose

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aiding and abetting liability in false advertising cases

43(B)log

Bonus: Civil RICO claims survive! Sihler v. Fulfillment Lab, Inc., 2021 WL 1293839, No. 3:20-cv-01528-H-MSB (S.D. Cal. Apr. 7, 2021) Defendants allegedly used fake celebrity endorsements and reviews and misrepresentations about price and limited availability to induce consumers to buy weight-loss pills, then charged consumers more than they originally agreed to pay, made it difficult or impossible to return the products or receive a refund, and operated “false front” websites to mislead banks an

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Textbook Company Claims No-Foul Play

BYU Copyright Blog

We previously reported on a lawsuit filed by Pearson Education, et al. (“Pearson”) alleging that textbook retailer, Bookholders, LLC (“Bookholders”), infringed Pearson's rights by selling and distributing counterfeit textbooks. On June 3, 2021 Bookholders filed its Answer. In its response, Bookholders asserts numerous defenses, including that it did “not infringe[] any applicable trademarks or copyrights under federal or state law.

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S.D.N.Y. Again Rejects “Server Test” for Display of Embedded Content

LexBlog IP

Canadian conservationist Paul Nicklen posted a video he took of an emaciated polar bear in the Canadian Arctic on his Instagram account on December 5, 2017. In the text accompanying the “haunt[ing]” and “heartbreaking” video, Nicklen asked his followers to consider the effects of climate change. Sinclair Broadcast Group, Inc., like many other news outlets, covered Nicklen’s viral content.

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Semi-monthly off the wall tweets

Likelihood of Confusion

Here’s what I have been chirping about lately: RT @ArsLaw: Tenenbaum: $675K stat. dams absurd; I caused $21 in losses | Ok, even I don’t buy that math. RT @CopyrightLaw: The post Semi-monthly off the wall tweets appeared first on LIKELIHOOD OF CONFUSION™.

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[Video] Starting an Esports Franchise With Guests Brett Diamond and Annie Scott Riley of Version1 and the Minnesota ROKKR

JD Supra Law

In this episode of "Lawyers With Game," host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice is joined by Leah Leyendecker, also from the firm’s Video Gaming and Esports Practice, along with Brett Diamond and Annie Scott Riley of Version1 and the Minnesota ROKKR. They talk about Version1’s recent success at the Valorant Champions Tour (VCT) in Iceland, what it takes to start a franchise team like the Minnesota ROKKR, how they established their branding, and m

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Blockchain Enthusiast

Velocity of Content

Darrell Gunter doesn’t claim to an expert on blockchain just an enthusiast. His new book, Transforming Scholarly Publishing with Blockchain Technologies and AI , collects essays from more than dozen contributors who share his enthusiasm for the power of technology to remake essential elements of the profession, from business models to peer review.

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[Audio] The Briefing: Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)

JD Supra Law

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.” They also provide a recap of last week’s episode, which covers the copyright aspects of the case. Cases discussed: Dr. Seuss Enterprises v. Penguin Books USA Dr. Seuss Enterprises v.

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Diagnosing the Future of Telemedicine: COVID-19-Motivated Regulation Changes Should be Permanently Adopted

LexBlog IP

By: Joey Johnson. COVID-19 turned the world on its head. As the world came to a screeching halt, healthcare providers and essential businesses were tasked with maintaining function while protecting patients, employees, and customers amidst a rapidly changing health and technological landscape. Telemedicine quickly emerged as a tool to connect patients and healthcare providers without the risks of in-person interaction.

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Federal Circuit Places “Skinny Labels” Back in Danger

JD Supra Law

On October 2, 2020, the Federal Circuit issued a precedential opinion vacating a district court’s judgment as a matter of law and reinstating a jury verdict finding of induced infringement of a patented use that had been carved out of a generic applicant’s label. GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). We previously analyzed this opinion and its impact in Federal Circuit Places “Skinny Labels” in Danger and followed up on Teva’s petition for an en banc.

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Monster Energy Co. Sues Fitness Company for Alleged Trademark Infringement

Indiana Intellectual Property Law

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Monster also claims it has used a distinctive trade dress for packaging, clothing, bags, sports gear, helmets, and promotional materials that use the Claw Icon in connection with the colors black and green (the “Monster Trade Dress”).

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“Teaching Away” – A Change To This Historically Inconsistent Doctrine

JD Supra Law

Teaching away is an important concept when considering the obviousness of a patent claim. The Federal Circuit’s recent decision in Chemours v. Daikin makes it easier to find that a reference teaches away from an invention, potentially increasing the difficulty of invalidating a patent claim for being obvious.

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prescription and OTC products can directly compete; many non-FDCA-based claims survive

43(B)log

Scilex Pharmaceuticals Inc. v. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D. Cal. Aug. 5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., back and spinal pain).

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Printed Publications: Simply Existing Isn’t Enough

JD Supra Law

When filing an IPR, petitioners should be careful not to take for granted one of the most fundamental aspects of challenging validity in this forum: Whether or not the relied upon references qualify as prior art. Pursuant to 35 U.S.C. § 311, IPRs challenging patentability under either §§….

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Taiwan foundry sells off hundreds of rights in latest big chip patent deal

IAM Magazine

UMC returns for its first outbound transaction in several years, dealing portfolio to a new Ireland-based NPE.

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Duane Morris Welcomes McKool Smith IP Partner In Dallas

IP Law 360

Duane Morris LLP has hired a McKool Smith PC principal experienced in complex intellectual property litigation to the firm's IP practice group in its recently formed Dallas office.

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