Mon.May 08, 2023

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5 Reasons Why Plagiarism Detection Goes Wrong

Plagiarism Today

Performing a plagiarism check is both important and difficult. Here are five common mistakes people make when checking for plagiarism. The post 5 Reasons Why Plagiarism Detection Goes Wrong appeared first on Plagiarism Today.

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The Campaign Against Judge Newman Underscores the Downfall of the Federal Circuit

IP Watchdog

How much damage is Chief Judge Moore doing to the institution that is the Federal Circuit? That question is hard to answer in the present, but there is no doubt that she is causing the type of damage that will linger and perhaps ultimately lead to the downfall of the court itself. Even before the latest episode in which Chief Judge Moore has taken it upon herself to impeach Judge Newman, acting as complainant, investigator, witness and decider, it had become common for many in the industry to as

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3 Count: Zzzzzzz Library

Plagiarism Today

Kanye West settles case over unlicensed sample, US seizes more Z-Library domains and Ed Sheeran shares tender moment after winning. The post 3 Count: Zzzzzzz Library appeared first on Plagiarism Today.

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Poking Nintendo: Why the ‘Lockpick’ DMCA Blitz Should Surprise Absolutely No One

TorrentFreak

Nintendo’s N64 console went on sale in Japan in June 1996, selling for ¥25,000 (around US$185). By the end of day one, all 300,000 units had sold out. For hardcore gamers in Europe facing a release date eight months away, importing an N64 was a tempting but expensive option. Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64?

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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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You Don’t Know Jack: Five Surprising Facts about Intellectual Property Law

JD Supra Law

Think you know the law? If you’re an attorney or simply well-versed in legal matters, you may have a working knowledge of statutory and case law. However, the area of intellectual property (IP) law is rife with surprises about which even seasoned lawyers may be unaware. Here’s a closer look at some surprising facts about IP law that may be new (or news!

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Court Overrules Subscribers’ Objections in ISP Piracy Liability Lawsuit

TorrentFreak

Two years ago, a group of several film companies including the makers of Hellboy, Rambo V, The HItman’s Bodyguard, and Dallas Buyer’s Club, sued Internet provider Grande Communications. The filmmakers accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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AI And Copyright: Tracking The Ownership Issues

IP Law 360

The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

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Publishers Take a Hatchet to Free Digital Libraries

JD Supra Law

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’ copyrights and was not a fair use.

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Provisional Patent Cost: How much should you pay for what you get?

Patent Trademark Blog

How much should a provisional patent application cost? The question you should be asking is not “How much does a provisional patent cost?” That’s because the cost of a provisional patent application can range widely and wildly. At the lowest end of the cost range, you can prepare and file a do-it-yourself (DIY) provisional. You would pay only the USPTO fee of $120 for a small entity, or $60 for a micro entity.

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Technology Contracts: An Overview

JD Supra Law

The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or otherwise exploit the IP. Following is an overview of some different types of technology contracts, how such contracts are often used in practice, and some of the supplementary documents used alongside such contracts.

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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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Trademark and Unfair Competition Scholarship Roundtable 2023 Reminder: Submissions Due May 15, 2023

43(B)log

The Engelberg Center on Innovation Law & Policy will host this year’s Trademark and Unfair Competition Scholarship Roundtable. The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. Five to six papers will be chosen for discussion over the course of the Roundtable, with each paper allocated an entire hour for discussion and assigned a commentator.

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UK Government to Consult AI Firms and Creative Sector in Revising Text and Data Mining Exception Proposal

JD Supra Law

The government has announced it will come up with a new code of practice to replace an earlier approach that faced opposition from the creative sectors. Latham previously reported on the UK government’s proposal to introduce a new copyright and database exception that allows text and data mining (TDM) for any purpose, provided that the party employing TDM obtains lawful access to the material (June 2022 TDM Proposal).

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Models' False Ad Claims Against Ga. Club Stay Alive

IP Law 360

A Georgia federal judge has dismissed as time-barred all state law claims in a trademark infringement suit by professional models accusing the owners and operators of a Georgia strip club of using their images for promotion, but kept alive the women's Lanham Act claims.

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Patent Eligibility at the Supreme Court: Another Petitioner Throws Its Hat in the Ring

JD Supra Law

In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar Electro. CareDx Inc. on May 1 petitioned for a writ of certiorari and argues that its case, not the two cases mentioned above, is best for Supreme Court review.

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Ed Sheeran Followed Pop Star Tradition With Trial Gambit

IP Law 360

It's often said that trials are carefully choreographed performances. This old adage took on new meaning in a copyright case that featured numerous serenades from Ed Sheeran, a strategy long used by litigation-plagued musicians to charm jurors and demonstrate the defendant is talented enough to succeed without copying.

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This Week in Washington IP: Semiconductor Supply Chains, Pharmaceutical Pricing, and the Impact of AI on Innovation

IP Watchdog

This week in Washington IP news, both houses of Congress are busy with hearings that touch on subjects relevant to IP. Both the Senate and House will be holding hearings on two hot-button issues: semiconductor supply chains and prescription drug pricing. Elsewhere, the USPTO is holding an AI inventorship listening session on the West Coast.

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Lawmakers Are Likely Key To TV Stations' Streaming Dreams

IP Law 360

Broadcast industry lobbyists are pressing the Federal Communications Commission to help local TV stations secure carriage on video streaming services, a right they won decades ago when it comes to cable and satellite TV providers. But there's no easy way to close what they see as a major gap in FCC rules that is allowing the major broadcast networks to push their local affiliates aside.

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[Audio] What You Need to Know About the Unified Patent Court and Unitary Patent

JD Supra Law

A significant development in the patent world will take place on June 1, 2023, when European Union members will begin participating in a Unified Patent Court, or UPC. Originally agreed upon by most EU member states in January 2022, this new approach to handling infringement cases and revocation proceedings of European patents will now go into effect following ratification by Germany.

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Oprah Drops 'Oprahdemics' TM Suit Over Fan Podcast

IP Law 360

A multimedia production company founded by author and talk show host Oprah Winfrey on Monday dropped its trademark suit against a podcast formerly known as "Oprahdemics" after launching the suit last year seeking to enjoin the use of the title.

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IP Law Summer School returns to Cambridge with 15% IPKat readers’ discount

The IPKat

The IPKat is pleased to report that the IP Law Summer School organized by Informa will take place between 7 and 11 August at the beautiful premises of Downing College in Cambridge. The programme touches upon all the main IP rights and participants will have an opportunity to learn from several speakers with experience in both private practice and in-house.

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Judge OKs Google CEO Testimony In $90M Sonos IP Trial

IP Law 360

U.S. District Judge William Alsup in San Francisco allowed Sonos on Monday to call Google CEO Sundar Pichai to the stand — even though he's not a designated witness — shortly after openings in a high-stakes jury trial over Sonos' claims Google owes $90 million for allegedly ripping off the speaker maker's patents for years.

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Small models, big trouble – Can model cars and buildings infringe trade marks?

The IPKat

The CJEU held in Adam Opel that the use of a car manufacturer’s trade mark on model cars, registered for cars and toys, can constitute trade mark infringement. Subsequently, the German Supreme Court denied an infringement claim in Opel-Blitz II (discussed here ), given the specifics of the German model toy market and the relevant public’s perception of the trade marks used on model cars.

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Attorneys Should Have An Ethical Duty To Advance DEI

IP Law 360

National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

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Basmati Rice: The Tug Of War

Intepat

Over different matters being a reason for war between countries, “ Basmati rice” was a major element of the battle between India and Pakistan. It is a decade-long dispute between the countries for claiming the geographical indication of Basmati in the European markets. This rivalry mainly started when India registered its GI tag in the European Union (EU) and Pakistan objected to the same.

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Destiny 2 Maker Wins $6.7M Default Against Cheat Code Site

IP Law 360

Video game developer Bungie Inc., which makes the popular game Destiny 2, won a $6.7 million default win and permanent injunction on Monday against a cheat codes seller who was accused of using software to create and profit from cheating services.

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Don’t Get Cheesed – Protect Your Video Game’s Intellectual Property

LexBlog IP

To say that the video gaming industry is booming would be quite an understatement. For years, gaming has been one of the fastest growing segments of the worldwide entertainment industry. Statista notes that in 2022, global revenues topped $200 billion for the first time ever. Gaming has had a profound influence on the entertainment industry – recording artists routinely jockey for inclusion in top games, movie and television producers mine games to bring stories to the screen.

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Esports and IP Rights Series 2: What Protections Are Out There?

JD Supra Law

As we’ve previously discussed, rapidly evolving industries like gaming and esports are exciting spaces to foster innovation and creativity. However, it’s important that individuals and companies take the necessary steps and precautions in order to protect their overall brand.

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PTAB to Explain Assorted Rule Ideas

LexBlog IP

Boardside Chat Tuesday This Tuesday (noon to 1PM EST), the PTAB will conduct a webinar Information Session with the Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal to address the recently published Advance Notice of Proposed Rulemaking (ANPRM). Public input is sought by June 20th on proposed changes to discretionary institution practices, petition word limits, and settlement practices for AIA proceedings before the PTAB.

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Oklahoma Federal Court Grants Franchisor’s Post-Termination Motion for Preliminary Injunction Related to Trademark Infringement

JD Supra Law

A federal court in Oklahoma granted franchisor Pizza Inn, Inc.’s motion for preliminary injunction preventing two former Pizza Inn franchisees – Odetallah and Allen’s Dynamic Food – from operating competing pizza restaurants in the same location as each of their former Pizza Inn franchises. Pizza Inn, Inc. v. Allen's Dynamic Food, Inc., 2023 WL 3015297 (W.D.

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Holidays and Marketing May Not Always Be a Perfect Match

LexBlog IP

The other day I was trying to make heads or tails of a new Federal Trade Commission announcement when I heard the familiar sound indicating that a new email had arrived. Nothing out of the ordinary. The email was from a small company I had done business with, and the subject line said, “Your mom called.” It was a bit of a jarring message for me to receive, given that my mom had passed away just six short months ago and was not likely to be calling these days.

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Federal Circuit Holds That AI Cannot Be an “Inventor” Under the Patent Act - Only Humans Can Get Patents

JD Supra Law

On April 23, 2023, the US Supreme Court denied a petition for certiorari filed by Stephen Thaler, following the US Court of Appeals for the Federal Circuit’s finding that Thaler’s artificial intelligence system — Device for the Autonomous Bootstrapping of Unified Science (DABUS) – could not be considered an “inventor” under the Patent Act and thus patents could not be issued for the prototypes of a beverage holder and emergency light beacon created by DABUS.

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Time to Amend the Defend Trade Secrets Act (Fairly Competing Episode 22)

LexBlog IP

In 2016, Congress passed the Defend Trade Secrets Act (the “DTSA”). The vote was unanimous in the Senate and 410 to 2 in the House. President Obama signed it on May 11, 2016. Codified at 18 U.S.C. §1836, et seq. , the DTSA created a federal private right of action for trade secret owners to sue for the misappropriation of their secrets.

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Striking Out at the TTAB - All Rise for Consumer Recognition

JD Supra Law

What qualifies as the United States’ current favorite sport may be a subject for heated debate, but “America’s Pastime” and its biggest stars still have significant power over the public—and, apparently, the Trademark Trial and Appeal Board (“TTAB”).

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And The Oscar Goes To… ChatGPT?

Velocity of Content

Members of the Writers Guild of America are currently on picket lines in Los Angeles, largely over worries that studio bosses will use ChatGPT to write jokes and dramas. When the Writers Guild voted to strike on May 2nd, the union demanded of producers that AI “can’t write or rewrite literary material, can’t be used as source material, and that contract-covered material can’t be used to train AI.

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[Audio] The Lightbulb Podcast Series: Episode 1 - Patent Agents: A Career Path From the Lab to the Law Firm

JD Supra Law

Introducing “The Lightbulb,” a podcast companion to our quarterly newsletter. In each episode, members of the Fox Rothschild Intellectual Property Department will take a deep dive into different areas of the law and the industry. Episode One Patent Agents: A Career Path From the Lab to the Law Firm In this inaugural episode of our new IP podcast series, we take a career journey with members of our Intellectual Property Department who have made the transition from the scientific sector to a.