Wed.Mar 13, 2024

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3 Count: Malignant Settlement

Plagiarism Today

Malignant filmmaker settles dispute with screenwriter, New York Times hits back at OpenAI and pirate site Vumoo goes offline. The post 3 Count: Malignant Settlement appeared first on Plagiarism Today.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs. The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; ii

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25 Great Slogans

Erik K Pelton

Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast. The post 25 Great Slogans appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast.

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Government Gaslighting Again?: Unpacking the Uncomfortable Reality of the Online Harms Act

Michael Geist

The Online Harms Act was only introduced two weeks ago, but it already appears the government is ready to run back the same playbook of gaslighting and denials that plagued Bills C-11 and C-18. Those bills, which addressed Internet streaming and news, faced widespread criticism over potential regulation of user content and the prospect of blocked news links on major Internet platforms.

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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 USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

JD Supra Law

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users.

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Infographic | All about the safe

Olartemoure Blog

SAFE stands for Simple Agreement for Future Equity. It is a legal financing instrument designed to expand capital raising alternatives for early-stage startups. how does it work? SAFE allows an investor to invest a certain amount of money in exchange for the option to acquire future shares that may eventually arise from a future formal capitalization, as stipulated in the contract.

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Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions

JD Supra Law

On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining enforcement of the National Collegiate Athletic Association’s (NCAA) Name, Image, and Likeness (NIL) recruiting ban with respect to student-athletes.

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High-Tech Groups and EFF Revive Patent Troll Narrative and Other Lies

IP Watchdog

Efforts by high-tech companies to undermine both the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act ramped up this week, with a joint letter sent to the Senate Judiciary Committee by a number of tech industry organizations on Monday and a campaign launched by the Electronic Frontier Foundation (EFF) yesterday.

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Microsoft Strikes Deal To Settle Suit Over Caltech Patents

IP Law 360

The California Institute of Technology and Microsoft notified a Texas court Tuesday that they have reached an agreement to end a case where the university alleged that the Xbox and other products infringed its data transmission patents, following similar settlements with other tech giants.

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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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CAFC Affirms PTAB Finding that Reasonable Pertinence Proves Analogous Art

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a brief opinion authored by Judge Chen today that rejected Daedalus Blue LLC’s appeal of a Patent Trial and Appeal Board (PTAB) decision finding certain claims of its patent on a data management system unpatentable. The PTAB held that U.S. Patent No. 8,671,132 was unpatentable as obvious over combinations of three prior art references: “Gelb”, “Tivoli”, and “Callaghan.

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Jury Awards Photog $3.1M In Licensing Fight Against Otter

IP Law 360

A Colorado federal jury has said a California photographer is entitled to about $3.1 million in a copyright suit after finding that cellphone case maker Otter Products LLC wrongly copied various images.

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War of the Wordles: Did the New York Times Go Too Far?

Copyright Lately

Using the DMCA to target hundreds of Wordle-likes, the publication claims exclusive rights in the game’s grid dimensions and color scheme. Fresh on the heels of filing an infringement lawsuit against OpenAI , The New York Times Co. is flexing its copyright muscles once again, this time targeting the developers of hundreds of games inspired by Wordle, the popular word game the Times purchased in 2022.

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AI Auto Damage-Assessing Giant Accused Of Monopoly

IP Law 360

Tractable Inc. is hitting back at CCC Intelligent Solutions with counterclaims in an ongoing trade secrets spat, alleging in a new motion CCC has leveraged its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices in violation of antitrust laws.

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Theologically misdescriptive

Likelihood of Confusion

Talk about “scandalous and offensive” marks!: [P]hrases containing some form of “God” have been trademarked [sic] more than 3,400 times in the United States: “God answers knee-mail” and “All God’s Children Got Issues” and, of course, “T.G.I. Friday’s,” the restaurant chain. But where you have trademarks, you also have trademark infringement.

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[Audio] Hunting Outsized Returns with Jason Caplain of Bull City Venture Partners

JD Supra Law

Have you ever wondered what it takes to navigate the labyrinth of venture capital and emerge as a true industry luminary? Join host Trevor as he takes us into the dynamic world of venture capital with industry titan Jason Caplain, Co-Founder and General Partner of Bull City Venture Partners. With a career spanning over twenty years, Jason's investments have catalyzed the success of renowned companies like Channel Advisor, Wedding Wire, Spiffy, and Spoonflower.

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5 Tips Every New Information Professional Should Know

Velocity of Content

Whether recently graduated or transitioning into the role from a different career, information professionals (IPs) new to th­eir position face unique challenges as they work to help their organization achieve its goals. As a professor of information management (Faculty of Arts and Humanities, University of Porto), here is my advice to new IPs that I believe can help them achieve lasting success in this profession.

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2023 Trade Secrets End of Year Report

JD Supra Law

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade Commission, the National Labor Relations Board, and the US Department of Justice.

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IRobot, SharkNinja Settle Last Of Roomba Patent Fight

IP Law 360

IRobot and SharkNinja have reached a settlement in principle to resolve what remains of a long-standing patent dispute related to the Roomba robotic vacuum cleaner.

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[Audio] AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.

JD Supra Law

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International Initiative, is joined by Anuj Desai, AGG Intellectual Property partner and head of Trademarks, to discuss the steps non-U.S. companies can take to protect their IP as they prepare to expand into the U.S. and provide guidance on how to handle trademark issues.

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TriZetto's $200M Jury Awards Thrown Out In Syntel Dispute

IP Law 360

A New York federal judge on Wednesday vacated roughly $200 million in damages awards Cognizant affiliate TriZetto won in a trade secret misappropriation and copyright infringement suit against Syntel, ruling that the awards were improperly calculated.

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K&C Sports & Entertainment Law Weekly Roundup - March 2024 #2

JD Supra Law

The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model.

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Subpoenas Can't Skirt USPTO Discovery Rules, 4th Circ. Says

IP Law 360

In a precedential ruling, the Fourth Circuit said Wednesday that companies can't use the subpoena power of the courts to go beyond the limits of discovery that the U.S. Patent and Trademark Office puts on deposing employees in foreign countries.

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Celanese v. ITC – Exploring the Crossroads of Trade Secrets and Patent Rights Post AIA

JD Supra Law

On March 4, the Federal Circuit, heard oral arguments for Celanese Int’l. v ITC, 22-1827 (Fed. Cir. 2024), a case that may reshape the dynamics between trade secrets and patent rights.

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Netflix Doesn't Want 'Hatchet Wielding' Killer In Suit Either

IP Law 360

While Netflix disputes that it defamed a Kentucky man for his appearance in its true-crime documentary titled "The Hatchet Wielding Hitchhiker," the streaming giant does agree with the plaintiff in the case that the real hatchet-wielding hitchhiker doesn't belong in the lawsuit.

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[Audio] The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

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Ex-Boeing IP Manager's Counsel Secures $224K In Fees

IP Law 360

A Washington federal judge has awarded more than $224,000 in attorney fees to a former Boeing intellectual property manager after finding that the company retaliated against him for speaking up against the poor treatment of other workers.

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ITC Monthly Wrap-Up: February 2024

JD Supra Law

In February, the International Trade Commission (ITC) instituted three new Section 337 investigations: Certain Oil Vaporizing Devices, Components Thereof, and Products Containing the Same, 337-TA-1392; Certain Network Equipment Supporting NETCONF, 337-TA-1391; Certain Capacitive Discharge Ignition Systems, Components Thereof, and Products Containing the Same, 334-TA-1390.

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Versata Wants Axed $105M Ford Verdict Revived Or Expanded

IP Law 360

Versata Software has urged the Federal Circuit to undo a Michigan federal judge's decision erasing a nearly $105 million trade secrets and breach of contract verdict it won against Ford, and argued that it was wrongly barred from presenting damages theories seeking up to $1.3 billion.

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Better User Experience or Trade Mark Infringement? The UK Supreme Court Gives Guidance on Website Targeting

JD Supra Law

The Supreme Court of the United Kingdom has recently upheld a decision of the English Court of Appeal concerning the criteria for when a website will be considered to be targeting consumers in the United Kingdom ("UK"). The Supreme Court has confirmed that there is a relatively low threshold for a finding that a non-UK website targets consumers in the UK, and therefore the operator of that website could infringe a UK registered trade mark right where that website makes available goods or.

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Cherry IP Deception Claims Would Inflame Jury, Canada Says

IP Law 360

The Canadian government has told a Washington federal judge that jurors should not hear allegations that its IP licenser deceived the U.S. Patent and Trademark Office in a trial against Washington fruit growers it claims rebranded a unique Canadian sweet cherry variety as their own, citing the "inflammatory" nature of the growers' counterclaim.

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Pure Hemp Collective's Bid for Attorney Fees in Patent Case Denied

JD Supra Law

In July 2018, United Cannabis Corporation (UCANN) sued Pure Hemp Collective (Pure Hemp) for infringement of U.S. Patent No. 9,730,911 (the '911 patent) in the District of Colorado. After prolonged litigation, the parties stipulated to dismissal of their claims and counterclaims.

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Ex-VP's 'Dereliction' Provokes Default Judgment As Sanction

IP Law 360

An exasperated judge in North Carolina gave an HVAC company an early win by default against a former executive accused of stealing trade secrets, calling his failure to meet discovery demands "dereliction" and granting his former employer's request for sanctions as a result.

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Pfizer Inc. v. Sanofi Pasteur Inc. (Fed. Cir. 2024)

JD Supra Law

Last week, the Federal Circuit handed down its opinion in Pfizer Inc. v. Sanofi Pasteur Inc., affirming the Patent Trial and Appeal Board's (PTAB) determination that all claims of U.S. Patent No. 9,492,559 challenged in five inter partes review (IPR) proceedings were obvious. In light of the Office's promulgation of Guidance to the examining corps as well as PTAB judges of the "increased flexibility" in obviousness determinations mandated by the Supreme Court's decision.

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KKR Leads $500M HarbourView Music-Backed Financing

IP Law 360

HarbourView Equity Partners said Wednesday it has secured about $500 million in debt financing through a music asset-backed securitization led by KKR, which will be used to further expand HarbourView's music investment capabilities.

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