Plagiarism Today

FEBRUARY 10, 2022

Promotional Photo by FoundationCartier featurning Damien Hirst’s Cherry Blossom Paintings. In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms. For Hirst, this was a major moment in his career and one that he took a great deal of pride in. However, last week, another UK-based artist, Joe Machine, came forward to accuse Hirst of ripping off his earlier works.

Plagiarism 274

Plagiarism Art Marketing Marketing 274

TorrentFreak

FEBRUARY 10, 2022

Hacking group Team-Xecuter has long been a thorn in the side of major gaming companies. The group offered hardware and software solutions that allowed people to install and play games – including pirated copies – on various consoles such as the popular Nintendo Switch. Nintendo had been trying to shut down the group for years but without much result.

Government 139

Government Copyright Infringement Copying Copyright 139

Plagiarism Today

FEBRUARY 10, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Omi in a Hellcat Will Plead Guilty, Suddenly Turns Anti-Piracy Advocate. First off today, Andy Maxwell at Torrentfreak writes that YouTuber and former pirate IPTV service operator Omar Carrasquillo, better known as Omi in a Hellcat, has announced that he will plead guilty to the charges against him and is now spreading an anti-piracy message.

Plagiarism 209

Plagiarism Licensing Copyright Reporting 209

Patently-O

FEBRUARY 10, 2022

by Dennis Crouch. The recent Federal Circuit decision in Caltech v. Broadcom includes an important discussion of extraterritorial damages further extending Carnegie Mellon (Fed. Cir. 2015) in finding that manufacture and delivery of a product in a foreign country can infringe a US patent if sufficient sales-activity occurred within the US. California Institute of Technology v.

Patent 126

Patent Contracts Invention Designs 126

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 10, 2022

Judge Leonard Philip Stark was confirmed by the U.S. Senate yesterday to be the next judge on the U.S. Court of Appeals for the Federal Circuit, replacing Judge Kathleen O’Malley. O’Malley announced in July of last year that she will officially retire on March 11, 2022. Stark was confirmed by a vote of 61-35, which is reportedly one of the most bipartisan votes so far during President Joe Biden’s administration.

Reporting 122

Reporting Litigation Intellectual Property IP 122

IPilogue

FEBRUARY 10, 2022

Photo by EFF ( Flickr ). Brandon Pierre is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Facial recognition software company Clearview AI, Inc. muddies the waters again, challenging orders from privacy authorities in British Columbia and testing current Canadian privacy law. In February 2021, the Privacy Commissioner of Canada (“the Commissioner”) released a report on Clearview AI, Inc. , concluding the company engaged in the unlawful collection, use, and disclosure of

Privacy 106

Privacy Social Media Technology Intellectual Property 106

The IP Law Blog

FEBRUARY 10, 2022

The Second Circuit recently reversed an injunction stripping designer and Instagram influencer Hayley Paige Gutman of her Instagram accounts in a dispute with her former business partners. Ms. Gutman is a wedding dress designer and used the Instagram account @misshayleypaige to promote her designs and as a personal account. She entered into agreement with the brand JLM Couture Inc. in 2011, where she agreed not to compete with JLM and granted JLM permission to use her name.

Branding 98

Branding Brands Branding Designs 98

JD Supra Law

FEBRUARY 10, 2022

Section 311(b) limits inter partes review to “ground[s] that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. § 311(b) (emphasis added). An open question, however, was whether applicant admitted prior art (“AAPA”)in a challenged patent could be used as the basis of inter partes review.

Art 98

Art Patent 98

IP.com

FEBRUARY 10, 2022

By 2050, The Global Disability Innovation Hub estimates that “two billion people would benefit from assistive technology, yet 90% will not have access.” This sobering statistic puts into perspective the. The post 4 Industries Driving Accessibility Innovation appeared first on IP.com - IP Innovation and Analytics.

IP 98

IP Technology 98

IP Law 360

FEBRUARY 10, 2022

MGM Domestic Television Distribution LLC told the Ninth Circuit during oral arguments Thursday that Starz Entertainment waited too long to sue over claims the movie studio unit breached their agreements by licensing films to Starz competitors that were supposed to be exclusive to Starz's platform.

Licensing 98

Licensing Television 98

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

JD Supra Law

FEBRUARY 10, 2022

In the fourth episode of Williams Mullen Manufacturing Edge, Intellectual Property Partner Rick Matthews identifies the benefits and limitations of patents, copyrights, trademarks, and trade secrets for manufacturers seeking to protect their IP rights from inception to R&D to product launch. He also describes his approach to assessing new products, designs, and inventions.

IP 98

IP Intellectual Property Invention Designs 98

IP Law 360

FEBRUARY 10, 2022

In order to help automobile manufacturers and other retailers minimize the risk of copyright and trademark infringement for use of street art in advertisements — an issue highlighted in the recently settled Korsen v. Volkswagen case in a California federal court — counsel should take three proactive measures, says David Halberstadter at Katten.

Art 98

Art Advertising Advertising IP 98

Velocity of Content

FEBRUARY 10, 2022

CCC recently announced The Royal Society , the UK’s National Academy of Science, has adopted RightsLink for Scientific Communications (RLSC) to support its Open Access (OA) institutional agreements. The Royal Society was founded in 1660 and is a Fellowship of the world’s most eminent scientists and the UK’s national academy of science. It is the oldest scientific academy in continuous existence and its mission is to recognize and support excellence in science and to encourage the development

Journalism 98

Journalism Publishing Government Reporting 98

JD Supra Law

FEBRUARY 10, 2022

????????????????? - ? Novartis Pharmaceuticals ? Accord Healthcare Inc. ??????????21- 1070???????????????????“????”??????????????????????? ????????????????? Please see full Publication below for more information.

97

97

IP Law 360

FEBRUARY 10, 2022

Sony and other major music labels have urged a Virginia federal judge not to let Cox Communications shake a $1 billion loss in a copyright infringement suit, saying allegations the labels lied about key evidence to secure the jury's verdict are "disingenuous" and untimely.

Music 97

Music Copyright Infringement IP Copyright 97

JD Supra Law

FEBRUARY 10, 2022

After years of contemplation and delays, Europe’s Unified Patent Court will be operational in about one year. U.S.-based Life Sciences patent applicants should start preparing now to ensure that their applications withstand scrutiny under the new patent court.

Patent 97

Patent Patent Application 97

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Design Patent 90

Design Patent Advertising Advertising Designs 90

JD Supra Law

FEBRUARY 10, 2022

As a company that has made an acquisition ourselves (NCC Group acquired Iron Mountain’s Intellectual Property Management business) in the last twelve months, we’ve had a recent front row seat to the huge amount of preparation that goes into an acquisition — including commercial, financial, legal, and technology review — along with the critical integration phases.

Intellectual Property Management 97

Intellectual Property Management Intellectual Property Business Technology 97

Nelligan Law

FEBRUARY 10, 2022

Reading Time: 3 minutes With January behind us, we can look forward to February, which means one thing: love is in the air! With Valentine’s Day just around the corner, finding someone to couple up with might be on your radar. But what if that special “someone” is a colleague? What are the do’s and don’t’s of office dating? In consensual relationships, no legislation or common law rule prohibits office romances.

Reporting 80

Reporting Confidentiality Privacy Law 80

JD Supra Law

FEBRUARY 10, 2022

?????????????????????????????????? Federal Circuit ??Novartis Pharmaceuticals v. Accord Healthcare Inc. (Appeal No. 21-1070) ? ????????????????????????????????????????????? ????????????????????????????????????????? Please see full Publication below for more information.

95

95

The IPKat

FEBRUARY 10, 2022

On 16 November 2021, the China National Intellectual Property Administration (CNIPA), through Announcement No 462 , released the Guidelines for Trade Mark Examination and Trial (the Guidelines 2022, accessible here ; for now, they are only in Chinese). As of 1 January 2022, the Guidelines 2022 have come into effect, repealing the Standards for Trade Mark Examination and Trial (an English version of the Standards 2016 provided by IPKey is accessible here ).

Registration 80

Registration Intellectual Property Law Designs 80

Patently-O

FEBRUARY 10, 2022

by Dennis Crouch. Larry Junker v. Medical Components, Inc. ( Fed. Cir. 2022 ). Junker’s U.S. Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 78

Business Patent Invention Design Patent 78

Managing IP

FEBRUARY 10, 2022

Counsel at Meta, Google and elsewhere share tips on how to prosecute patents in the top technology fields of 2021

Technology 98

Technology Patent 98

IP Law 360

FEBRUARY 10, 2022

The heirs of the filmmakers behind the 1962 classic courtroom drama "To Kill a Mockingbird" filed a petition against author Harper Lee's estate in Alabama federal court Wednesday, seeking to enforce a final arbitration award and settlement that gives them film copyrights to the award-winning novel and its sequels.

Settlement 75

Settlement IP Copyright 75

IP Tech Blog

FEBRUARY 10, 2022

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Without need to prove irreparable damage, a right holder could seek quick relief by filing a simple administrative complaint.

Designs 62

Designs Design Intellectual Property Design Patent 62

IP Law 360

FEBRUARY 10, 2022

A long-running trade secrets fight against Hytera escalated this week with the unsealing of a criminal indictment that accused Hytera of stealing Motorola's digital mobile radio technology, a case that could set the road map for future criminal trade secrets disputes.

Technology 75

Technology 75

The IPKat

FEBRUARY 10, 2022

The diary of Anne Frank is renowned throughout the world. In some countries, the diary and other scripts and works of Anne Frank are still protected by copyright. After her tragic death, her father Otto Frank, inherited the copyrights on her works. In a recent case before the district court of Amsterdam, the question was brought whether the unauthorized publication of manuscripts of Anne Frank’s diary would result in copyright infringement.

Copyright Infringement 62

Copyright Infringement Copyright Publishing Art 62

IP Law 360

FEBRUARY 10, 2022

The Ninth Circuit next week will hear a screenwriter's appeal of the dismissal of her case accusing M. Night Shyamalan of ripping off her indie film while making a TV thriller for Apple's streaming service as well as a subsequent order to pay attorney fees. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

Intellectual Property 75

Intellectual Property Copyright IP 75

LexBlog IP

FEBRUARY 10, 2022

This week I discovered an obscure and insidious bug in the code that maintains my Australian patent database. It has existed for months, but did not manifest itself until January, when I prepared the data for my reports on 2021 patent filings. The impact was that around 2,000 standard patent applications, or just over 6% of the total, went missing. These were almost exclusively PCT national phase entry applications, mostly filed by foreign applicants.

Reporting 52

Reporting Patent Patent Application Intellectual Property 52

IP Law 360

FEBRUARY 10, 2022

Google should pay more than $20 million for infringing an EcoFactor Inc. patent with its Nest brand thermostats, a Western District of Texas jury concluded Thursday.

Branding 73

Branding Brands Branding Patent 73

JD Supra Law

FEBRUARY 10, 2022

Addressing the type of prior art that may form the basis of an inter partes review (IPR) proceeding, the US Court of Appeals for the Federal Circuit vacated an unpatentability finding based on “applicant admitted prior art” in the challenged patent. Qualcomm Inc. v. Apple Inc., Case Nos. 20-1558, -1559 (Fed. Cir. Feb. 1, 2022) (Taranto, Bryson, Chen, JJ.).

Art 52

Art Patent 52

The IP Law Blog

FEBRUARY 10, 2022

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

Social Media 52

Social Media Trademark Blogging IP 52

JD Supra Law

FEBRUARY 10, 2022

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media.

Blogging 52

Blogging Social Media Trademark IP 52

LexBlog IP

FEBRUARY 10, 2022

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

Social Media 52

Social Media Trademark Blogging IP 52

JD Supra Law

FEBRUARY 10, 2022

Note: Includes reinstated, cross-, and consolidated appeals. Appeals from the USPTO dipped for the second straight year in FY21. Due to a spike in appeals from the Court of Federal Claims, District Courts are now the third most common source for CAFC appeals. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

52

52