Tue.Sep 28, 2021

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The Battle Over Poker NFTs

Plagiarism Today

From PokerPaint Websote. On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. The site, at that time, was fairly well known in the poker community. Famous for its expressionist renderings of various poker players, the site and its artist, Brett Butz, sold not only completed works but offered commissioned pieces that were popular among poker players.

Fair Use 235
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U.S. Copyright Holders Want Russia to Criminally Prosecute Pirate sites

TorrentFreak

Over the past several years, Russia has introduced various anti-piracy laws and regulations. Pirate sites can be blocked through court orders, app stores have to take strict action against ‘pirate’ apps , search engines must swiftly block pirate sites, and even VPN services and proxies can be banned. The measures go far beyond what we see in most other countries but, according to US copyright holders, these still don’t go far enough.

Copyright 141
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3 Count: Roblox Unblocked

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Roblox, Music Publishers Settle Copyright Licensing Dispute. First off today, Blake Brittain at Reuters reports that Roblox has settled its lawsuit with the National Music Publishers’ Association (NMPA) over Roblox’s alleged use of music in its service without proper licenses.

Music 186
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In the Courts: Australian Court finds AI systems can be “inventors”

WIPO Magazine

In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.

Inventor 140
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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 5 Most Common Trademark Application Mistakes and How to Fix Them

Erik K Pelton

There are many different mistakes that can affect a trademark application. Erik reveals the five most common mistakes applicants make and how to avoid them. The post The 5 Most Common Trademark Application Mistakes and How to Fix Them appeared first on Erik M Pelton & Associates, PLLC. There are many different mistakes that can affect a trademark application.

Trademark 113
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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a reasonable time before the hearing, so that we can properly analyze them on a non-rush basis, and clearly marked as the discussion version so that we’re not confused by which version is actually the current text.].

Trademark 135

More Trending

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Epic Sports Petitions Fifth Circuit for Rehearing En Banc in Texas A&M ‘12th Man’ Copyright/ Takings Clause Case

IP Watchdog

On September 22, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, filed a petition for rehearing en banc in their appeal of a copyright case against both Texas A&M University and a pair of school officials. In their petition, the plaintiffs argue that the original panel decision erred in failing to find constitutional violations of both the Fifth Amendment’s Takings Clause and due process under the Fourteenth Amendment for

Copyright 115
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Can AI Technology Create a Patent in Canada? A Look at Global Precedence

IPilogue

Photo by Possessed Photography ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In light of the recent court decision of Thaler v Hirshfeld et al. [ Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.

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Songwriters and Publishers Ask the MLC: Where’s my money?–MusicTechPolicy

The Trichordist

For seven months, The MLC has sat on $424 Million of songwriters' money. Songwriters ask, "Where's My Money?".

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Italian Soccer League Obtains Dynamic Pirate IPTV Blocking Order

TorrentFreak

Pirate IPTV services are a problem for many entertainment companies since they tend to offer premium products at a knock-down price. For just a few dollars, euros or pounds per month, users are spoiled for choice with movies, TV shows, live TV and more just a click away. One of the key concerns in Europe is the effect these services have on the TV market, especially live sports.

IP 105
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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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Failure to Balance Freedom of Expression and Protection from Online Harms: My Submission to the Government’s Consultation on Addressing Harmful Content Online

Michael Geist

The government’s consultation on its proposed approach to address harmful content online concluded over the weekend. The consultation was one of several consults that ran during the election period and which raise questions about whether policy makers are genuinely interested in incorporating feedback from Canadians. I submitted to all the various consultations and will be posting those submissions this week.

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Graphenel: pioneering graphene production in Viet Nam

WIPO Magazine

Graphenel JSC, based in Ho Chi Minh City, is a technology company with a novel approach to graphene production. Jane Phung, the company’s international business development manager, discusses the role IP plays in supporting Graphenel’s ambition to become a leading supplier of graphene-based materials.

IP 98
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Patent Linkage and Article 76 Proceedings in China: A Litigator's Perspective

JD Supra Law

China has recently unveiled its own version of a patent linkage system that has been highly watched by stakeholders and industry observers. This new system will also create a new form of pharmaceutical patent litigation in China.

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Harnessing public research for innovation in the 21st Century

WIPO Magazine

Anthony Arundel, co-author of Harnessing public research for innovation in the 21st Century: An international assessment of knowledge transfer policies, discusses the main gaps in our understanding of how knowledge transfer works and key considerations for policymakers in crafting effective knowledge transfer policies for the future.

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Fortress Beats Intel Antitrust Suit Over Patent Purchases

IP Law 360

A California federal judge entered judgment in favor of Fortress Investment Group on Tuesday in Intel's suit accusing the hedge fund of running an anti-competitive patent aggregation scheme, a decision that came less than two weeks after a hearing where Fortress argued the claims were entirely speculative.

Patent 98
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Mauricio de Sousa Productions: comic success underpinned by intellectual property

WIPO Magazine

Did you grow up with “Monica’s Friends?” Founded over 70 years ago, Mauricio de Sousa Productions has become one of Brazil’s most successful comic book and animation publishers. What role has intellectual property played in this success?

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In COVID Fight, Nonprofits Ask White House For IP Waivers

IP Law 360

The Electronic Frontier Foundation and others are asking the Biden administration to support a temporary waiver on intellectual property protections on COVID-19 vaccines that includes the copyright laws that cover algorithms used in mRNA vaccine technology and software used by Medtronic ventilators.

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PM(NOC) Regulations: Fourth year following major amendments

JD Supra Law

September 21, 2021 marked the fourth anniversary of the significant amendments to the Patented Medicines (Notice of Compliance) Regulations (Regulations). This article provides an update on activities in the fourth year following the amendments, including new actions and a wave of Court decisions, both on the merits and procedural.

Patent 96
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Qualcomm ends participation in HEVC licensing platform Velos Media

IAM Magazine

Marconi, which operates Velos, confirms Qualcomm patents will not be a part of future deals and says it is “exploring options for the future" of the programme.

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Worth a punt? Buying TMs from busted brands

Managing IP

Airline Alitalia ceases operations in October and its trademark portfolio is up for grabs, but what should companies consider when selling or buying IP rights?

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Disney Sues to Invalidate Copyright Return Notices Filed by the Creators of Marvel Universe Characters

IP Close Up

The Walt Disney Company is under pressure to return rights to perhaps the most iconic and valuable character franchise, the Marvel Superhero Universe, to many Continue reading.

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'Overheated': How A Chinese-Spy Hunt At DOJ Went Too Far

IP Law 360

A Trump-era program was intended to root out Chinese state-sponsored economic espionage. Instead, critics say, it stirred up a toxic mix of racial profiling and prosecutorial misconduct, leaving innocent scientists to suffer the consequences.

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falsely advertising "proprietary" and "exclusive" material isn't actionable under Dastar

43(B)log

Crocs, Inc. v. Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D. Colo. Sept. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Dawgs stated that it “received numerous inquiries from its customers and potential customers regarding Dawgs’[s] foam material in comparison with Croslite” and that the

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How expedition is changing Australian pharma patent disputes

IAM Magazine

A growing trend in life sciences litigation Down Under has strategic implications for originators and generics/biosimilars alike.

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The Last Drone Standing: First Responder UAS Endurance Challenge

U.S. Department of Commerce

The Last Drone Standing: First Responder UAS Endurance Challenge. September 28, 2021. ASowah@doc.gov. Tue, 09/28/2021 - 16:03. Picture this: A person is lost in the desert. Local first responders initiate a search and rescue operation. As they conduct the search, they’re faced with a problem: loss of broadband signal. This isn’t a made-up scenario. First responders often work in conditions where communication networks are weak or not available.

Designs 76
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News express: China releases a 15-year blueprint on the development of intellectual property rights (2021–2035)

The IPKat

On 22 September 2021, China released a 15-year plan to develop intellectual property rights (IPR): ‘The Outline of Building a Powerful Intellectual Property Nation’ (2021–2035). The full text in Chinese is accessible at the Xinhuanet. The official English version will be made available here in due course. This post serves as a quick briefing. ‘The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy.

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The proper standard for willful infringement: “deliberate or intentional infringement”

Patently-O

by Dennis Crouch. Today’s decision in SRI Int’l., Inc. v. Cisco Sys., Inc. ( Fed. Cir. 2021 ) is an important Federal Circuit decision regarding enhanced damages for willful infringement. It also adds further to the complexity of Federal Circuit doctrine on enhanced damages — despite the Supreme Court’s warning against an “unduly rigid” approach in Halo Elecs., Inc. v.

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Third Circuit: Facebook Not Immune to Right of Publicity Claims Under IP Carve-Out of Section 230

IP Watchdog

On September 23, the U.S. Court of Appeals for the Third Circuit reversed in part a decision by the U.S. District Court for the Eastern District of Pennsylvania, ultimately holding that Karen Hepp’s complaint against Facebook was not barred by Section 230 of the Communications Decency Act of 1996.In 2018, Hepp was informed by a coworker that a photo of her was being used online.

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Judge Says 'Shake It Off' Fight Is Likely Headed To A Jury

IP Law 360

A California federal judge told lawyers for Taylor Swift at a Tuesday hearing that he was having a hard time seeing why a four-year copyright fight over the lyrics in her hit single "Shake It Off" should not be decided by a jury, since the question over ownership turns on how the lyrics are read, not the law.

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Nyemaster Goode Is Seeking Multiple Patent Attorneys for Their Iowa Office Locations

IP Watchdog

Nyemaster Goode, PC is seeking motivated candidates with 5+ years of experience preparing and prosecuting patent applications to join their expanding IP team in either our Des Moines or Cedar Rapids, Iowa, offices. Nyemaster Goode is seeking one or more experienced patent attorneys to assist their team in patent preparation/prosecution, drafting patent opinions, IP diligence, and strategic IP business counseling.

Patent 68
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Netflix's Control Over Servers May Justify Venue In EDTX

IP Law 360

A federal magistrate judge in Texas said Netflix should have to face patent litigation in the state, as the company has an active role in maintaining servers located in the district that sets it apart from the Federal Circuit's related ruling last year in a case against Google.

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When is it Fair Use to Use a Photo to “Illustrate” an Article?

Clancco

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context. A very good article by Venkat Balasubramani on the ever-present question.

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Coachella Planners Launch Trademark Suit Against Car Show

IP Law 360

The organizers of the annual Coachella Valley Music & Arts Festival slammed a disc jockey with trademark infringement claims in New Jersey federal court for hosting a car show named "Carchella," alleging the name attempts to capitalize on the star-studded festival's success.

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CAFC Clarifies Willful Infringement Standard, Reinstating Jury Verdict and Enhanced Damages for SRI International

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion reversing a district court’s denial of SRI International’s motion to reinstate the jury’s willfulness verdict against Cisco Systems, Inc., restoring the district court’s award of enhanced damages, and affirming an award of attorney fees for SRI. The CAFC specifically clarified that its reference to language in the Supreme Court’s ruling in Halo Elecs., Inc. v.

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Lifting The Veil On The Supreme Court's Shadow Docket

IP Law 360

Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

Law 73