Plagiarism Today

FEBRUARY 21, 2022

A recent article on Retraction Watch tells the story of Svein Åge K. Johnsen and Ingeborg Olsdatter Busterud Flagstad, two researchers from the Inland Norway University of Applied Sciences. For over a year, the pair have been trying to publish a paper about green entrepreneurship, focusing on “small-scale Norwegian manufacturing companies.” In January 2021, the pair submitted it to the International Small Business Journal , a SAGE journal.

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Plagiarism Journalism Publishing Due Diligence 226

Erik K Pelton

FEBRUARY 21, 2022

The following is a transcript of my video The Time I Got a Negative Review. Our topic : the only time I’ve received a negative review online. And it’s still up there. I have not contested, or taken it down, because it is true that this client did not receive approval for their trademark application. Because many filers of trademark applications do not receive approval from the USPTO.

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Plagiarism Today

FEBRUARY 21, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What? First off today, Andy Maxwell at Torrentfreak writes that Watch Tower, is pushing ahead with a copyright infringement lawsuit against YouTuber “Kevin McFree” (not his real name) in hopes of revealing the YouTuber’s real name.

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Copyright Infringement Fair Use Copyright Plagiarism 181

TorrentFreak

FEBRUARY 21, 2022

Roughly 25 years ago, Google started its business as a simple and straightforward search engine. The startup swiftly captured a dominant market share and branched out into other businesses, including online advertising and video streaming. Google is a leading player in all of these markets today. This brings in a yearly revenues of hundreds of billions of dollars, an amount that continues to go up at a rapid pace.

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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?

Technology

IP Watchdog

FEBRUARY 21, 2022

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S. Court of Appeals for the Federal Circuit (CAFC) requesting that he be allowed to present evidence not of record to demonstrate that bias at the TTAB may have had a negative impact on his opp

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Music Registration Trademark Litigation 126

TorrentFreak

FEBRUARY 21, 2022

By providing a massive library of scientific and academic publications for free, Sci-Hub and Libgen have achieved a somewhat unique status in the ‘pirate’ market. On the one hand, the platforms freely spread knowledge and education, two of the most valuable commodities for those seeking a more enlightened and progressive global community.

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Publishing Copyright Journalism Copyright Infringement 134

Michael Geist

FEBRUARY 21, 2022

After several weeks of protests, occupation, and border crossing blocking, the Canadian government took the unprecedented step last week of invoking the Emergencies Act. The situation is rapidly evolving and still being debated in the House of Commons. Dr. Leah West is an Assistant Professor of International Affairs at the Norman Paterson School of International Affairs at Carleton University and one of Canada’s leading experts on national security law.

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Law Government 94

Patently-O

FEBRUARY 21, 2022

by Dennis Crouch. Ikorongo Texas LLC, et al. v. Samsung Electronics Co., Ltd., et al. (Supreme Court 2022). Ikorongo Texas LLC holds exclusive rights to a set of patents, but only with respect to use of the inventions in counties within the Western District of Texas. This includes McLennan County, home of Waco Texas and Judge Albright’s court.

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Litigation Ownership Patent Business 89

Velocity of Content

FEBRUARY 21, 2022

Researcher to Reader, the premier forum for discussion of the international scholarly communications ecosystem, will be hosting their annual conference this February 22 & 23. CCC is proud to be participating as both a Silver Sponsor and through a Lightning Talk entitled Strategies to Diversify Authorship – Open Without Equity Is Neither. . Featuring Haseeb Irfanullah, visiting fellow at the Center for Sustainable Development and Jamie Carmichael, Senior Director, Information and Content Sol

Publishing 89

Publishing Business Copyright 89

The IPKat

FEBRUARY 21, 2022

IP practitioners are not always interested in taxation profiles of intellectual property, but sometimes it’s necessary to get acquainted with them. As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ).

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Designs Design Patent IP 70

Advertiser: IPO

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.

Patent

43(B)log

FEBRUARY 21, 2022

Thornton v. Kroger Co., 2022 WL 488932, No. CIV 20-1040 JB/JFR (D.N.M. Feb. 17, 2022) 269 print pages! Thornton sued over logos that allegedly misrepresented the US origin of meat. She alleged both health and moral concerns about foreign beef, which she alleged was produced under dangerous and environmentally destructive/harmful labor conditions. examples of challenged labels: USDA Choice, "produced in the USA" over American flag The court held that federal law did not preempt her claims; she wa

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Advertising Advertising False Advertising Government 59

The IPKat

FEBRUARY 21, 2022

Time is flying and we need to pause and analyse what has happened so far this year. In the meantime, check out the upcoming IP events. A Kat reflecting upon his future goals EUIPO's IP Case Law Conference, 7 and 8 July 2022 Building on the previous editions of the Intellectual Property Case Law Conferences (“IPCLC”), of 2016, 2018, and 2020, the Boards of Appeal of the EUIPO, in cooperation with the EUIPO Academy, will organise a hybrid fourth edition of the IPCLC in Alicante, on 7 and 8 July 20

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Intellectual Property Moral Rights Registration Editing 67

43(B)log

FEBRUARY 21, 2022

Barclay v. Icon Health & Fitness, Inc., No. 19-cv-2970, 2022 WL 486999 (ECT/DTS) (D. Minn. Feb. 17, 2022) NordicTrack allegedly can’t achieve or maintain the continuous horsepower defendants represented the treadmills were capable of. Because the Minnesota Uniform Deceptive Trade Practices Act provides only for injunctive relief, plaintiffs lacked Article III standing to bring claims—they weren’t going to interact with defendants again.

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Advertising Advertising Contracts Law 59

Likelihood of Confusion

FEBRUARY 21, 2022

This is what we need right now! Originally posted 2021-05-28 14:13:49. Republished by Blog Post Promoter. The post Animal group names appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

Velocity of Content

FEBRUARY 21, 2022

What’s the lucky number for Springer Nature’s SDG publishing program? The answer is 17, for 17 content hubs covering all 17 United Nations Sustainable Development Goals. The 17 SDG hubs bring together multidisciplinary, peer-reviewed research content from across Springer Nature’s output of journals and books, including its flagship publication, Nature.

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Publishing Journalism Business Branding 52

LexBlog IP

FEBRUARY 21, 2022

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Law Intellectual Property Intellectual Property Law Patent Prosecution 52

IP and Legal Filings

FEBRUARY 21, 2022

Introduction. Territorial Jurisdiction is a pertinent parameter to be considered by any judicial authority before delving into the facts and circumstances of the case at hand. Trademark law encapsulates such territorial jurisdiction under Section 134 of the Trademarks Act, 1999 [1] ( hereinafter “Trademark Act”). The aforementioned Section has to read with Section 20 of the Code of Civil Procedure, 1908 [2] ( hereinafter “CPC”) which determines whether the concerned court has jurisdiction to try

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Social Media Trademark Law Marketing 52

LexBlog IP

FEBRUARY 21, 2022

On 10 February 2022, the Treasury Laws Amendment (Tax Concession for Australian Medical Innovations) Bill 2022 was introduced to the Australian parliament, and received its first and second readings in the House of Representatives. The Bill represents the fulfilment of an undertaking in the Federal Government’s 2021 budget to introduce a ‘patent box’ scheme to encourage innovation and commercialisation in the Australian medical and biotechnology sectors.

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Patent Government Invention Branding 52

Patent Trademark Blog

FEBRUARY 21, 2022

Does searching for a patent attorney near me make sense? There was a time when the main way to find a patent attorney was to ask for a referral. Anyone can go online now and simply search for attorneys, but there seems to be an inclination to look for patent attorneys nearby. Does searching for a “patent attorney near me” make sense? Does it matter where you live or where your patent attorney lives?

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Patent Patent Application Invention IP 52

LexBlog IP

FEBRUARY 21, 2022

Employers beware: A recent holding out of Illinois has determined that employees may sue employers who collect and/or disclose employees’ biometric data. On Feb. 3, 2022, the Illinois Supreme Court issued a significant decision in McDonald v. Symphony Bronzeville Park, LLC, et al. , impacting current and future claims against employers involving the Illinois Biometric Information Privacy Act (BIPA).

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Privacy Technology Law Intellectual Property 52

JD Supra Law

FEBRUARY 21, 2022

By Memorandum Opinion and Order entered by The Honorable Maryellen Noreika in Osteoplastics, LLC v. Conformis, Inc., Civil Action No. 20-405-MN-JLH (D.Del. February 14, 2022), the Court overruled Plaintiff’s objections.

Patent 52

Patent 52

LexBlog IP

FEBRUARY 21, 2022

By: Joshua Durham. With an astounding $17.7 billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. Although NFTs have been around since 2014 , this asset class has only just experienced its first and quite remarkable outgrowth , thus staking its claim in the broader blockchain industry.

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Ownership Art Artwork Non-Fungible Tokens 52

JD Supra Law

FEBRUARY 21, 2022

In late December, in Intel Corp. v. Qualcomm Inc., 2020-1828 (Fed. Cir. Dec. 28, 2021), the Federal Circuit found the PTAB erred by accepting Intel’s stipulation concerning the indefiniteness of a means-plus-function claim term. In this opinion, the Federal Circuit explains that in Inter Partes Review (IPR) proceedings, patentability determinations cannot be circumvented due to a party stipulation.

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Patent 52

LexBlog IP

FEBRUARY 21, 2022

In late December, in Intel Corp. v. Qualcomm Inc., 2020-1828 (Fed. Cir. Dec. 28, 2021), the Federal Circuit found the PTAB erred by accepting Intel’s stipulation concerning the indefiniteness of a means-plus-function claim term. In this opinion, the Federal Circuit explains that in Inter Partes Review (IPR) proceedings, patentability determinations cannot be circumvented due to a party stipulation.

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Patent Art Government Designs 52

JD Supra Law

FEBRUARY 21, 2022

UNIFIED PATENT COURT - The Unified Patent Court (UPC) should become a reality in 2022 or in the first few months of 2023. The Protocol on Provisional Application (PPA) of the Agreement on a Unified Patent Court (AUPC) entered into force on January 19 after Austria became the thirteenth signatory to ratify it. As a reminder, progress was slowed for the umpteenth time in 2020, when two appeals to the German Constitutional Court were filed against the German law ratifying the UPC agreement.

Intellectual Property 52

Intellectual Property Patent Law 52

IP.com

FEBRUARY 21, 2022

Intellectual property law watchdogs anticipate major decisions from the Supreme Court in 2022. Fast-evolving pharmaceutical and technology sectors have brought several key questions regarding patent law, fair use, and copyright. The post Intellectual Property Cases to Keep an Eye on in 2022 appeared first on IP.com - IP Innovation and Analytics.

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Intellectual Property Intellectual Property Law Fair Use Patent Law 52

JD Supra Law

FEBRUARY 21, 2022

This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir. 2018). Leading up to the first case, Morris & Associates., Inc. wrote a demand letter to John Bean Techs. Corp. in 2002 alleging that one of John Bean’s patents was invalid over certain identified prior art.

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Art Technology Patent 52

IAM Magazine

FEBRUARY 21, 2022

In the second part of his exclusive interview with IAM, Alan Fan explains that despite increasing monetisation opportunities his team’s main job is to secure the fruits of the company’s deep investments in R&D.

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Licensing Business IP 52

Managing IP

FEBRUARY 21, 2022

Lawyers from eastern Europe say the IP offices of member countries have much to do before the new system can become operational

IP 52

IP 52

IAM Magazine

FEBRUARY 21, 2022

Docket Navigator shows that petitions against the company were instituted just 42% of the time, making it the rights holder whose assets are the most difficult to challenge.

Patent 52

Patent 52

43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., No. 21-2984-MD-W-BP, 2021 WL 7004991 (W.D. Mo. Dec. 28, 2021) Each canister of Folgers coffee includes a similar label that appears prominently on its front and indicates that the coffee grounds in the canister “MAKES UP TO” a certain quantity of “FL OZ CUPS” of coffee. On the back, Folgers provides instructions on how to brew its coffee, telling consumers to use one tablespoon of ground coffee to make one serving—which means a 6 fl. oz. cup—of coffee.

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Advertising Advertising False Advertising Business 59

IAM Magazine

FEBRUARY 21, 2022

The German biotech company becomes the second mRNA vaccine maker to say it will not take legal action during pandemic.

Patent 52

Patent 52

IP and Legal Filings

FEBRUARY 21, 2022

INTRODUCTION. “Startup India” is an initiative placed by the Hon’ble Prime Minister of India, Shri Narendra Modi on the 15 th day of August, 2015, on behalf of the Government of India. The essential factor needed for a startup is ‘innovation’ in a product or service or a better redevelopment of an existing product/service. An entity will be treated as a Startup if it is incorporated as a Private Limited Company or is registered as a Partnership Firm or Limited Liability Partnership i

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Registration Intellectual Property Government Business 52

Kluwer Copyright Blog

FEBRUARY 21, 2022

Image by freestocks-photos from Pixabay. Fashion is an industry largely led by seasonal trends. Status-conferring new designs are being launched bi-annually, during the Autumn/Winter and Spring/Summer fashion shows, to meet the needs of our capitalistic society. Even though fashion designs are often inspired by the prior art, seasonal trends precondition innovation – new design themes that make the highly desirable ‘hot’ looks of the season.

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Designs Design Copyright Branding 52

Technology & Marketing Law Blog

FEBRUARY 21, 2022

The plaintiffs claim that violent extremists, anti-Semites, haters, and other malefactors use Telegram, and thus its availability in the Google Play Store violates Google’s Developer Guidelines. This is yet another remix of the old Noah v. AOL case, where a plaintiff argues that a negative behavioral restriction between a service and its users constitutes a promise to other users that such conduct won’t occur on the service.

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