Thu.Sep 30, 2021

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Plagiarism and Love Letters

Plagiarism Today

Nick Viall is a celebrity best known for his multitude of appearances on reality TV shows including Dancing with the Stars , two seasons of The Bachelorette and one as the star of The Bachelor. More recently, he’s been working on his podcast, the Viall Files and enjoying time with his girlfriend, Natalie Joy. Earlier this week, Viall celebrated his birthday and Joy posted a photo of the couple on her Instagram to help commemorate the day.

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Is Your Brand Seaworthy?

Erik K Pelton

The following is an edited transcript of my video, Is Your Brand Seaworthy? Is your brand seaworthy? You’ll see what I’m talking about with my comparison of trademark and brand protection to a strong ship navigating the ocean waters. To be seaworthy is important for a boat miles from shore in deep waters, with wind and waves and who knows what underneath it, whales, dolphins, other creatures.

Branding 147
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3 Count: Evidence Issues

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cox Wants to See Evidence in Majors V Charter Copyright Case in Ongoing Bid to Overturn Billion Dollar Judgement. First off today, Chris Cooke at Complete Music Update reports that Cox is appealing the $1 billion judgment against it to the Fourth Circuit and, as part of its strategy there, is attempting to cast doubt on the evidence against it.

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Accused Pirate Asks Court to Dismiss Lawsuit from Suspended ‘Copyright Troll’

TorrentFreak

In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements. Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., but in recent years this activity ground to a halt.

Copyright 128
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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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Stakeholders Speak: Leahy Bill to ‘Restore the AIA’ is Too Unbalanced to Pass

IP Watchdog

Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic. As reported previously, the bill would essentially end discretionary denial practice under precedential Patent Trial and Appeal Board (PTAB) cases such as Apple Inc.

Invention 124
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Cloudflare Books Partial Victory in ‘Thothub’ Piracy Lawsuit

TorrentFreak

Earlier this year Texas-based model Deniece Waidhofer sued Thothub for copyright infringement after the site’s users posted many of her ‘exclusive’ photos. While Cloudflare isn’t new to copyright infringement allegations, this case has proven to be more than a nuisance. The company previously countered the claims with a motion to dismiss but Waidhofer and her legal team didn’t back off.

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Public Domain of The Living Dead

IPilogue

Source: Screenshot of Night of the Living Dead (1968) opening credit / Public Domain. Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . . Halloween season is just around the corner and who doesn’t love a good zombie movie? While many might rather shy away from frightening films, dedicated modern-day zombie enthusiasts live among us.

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Roblox is Latest Online Platform to Settle NMPA Copyright Claims with Collaborative Music Licensing Agreement

IP Watchdog

On September 27, the National Music Publishers’ Association (NMPA) and online game platform provider Roblox announced that the two parties had settled ongoing copyright litigation in the Central District of California over Roblox’s unauthorized use of copyrighted music on its online gaming platform. The settlement also creates an opt-in mechanism for eligible NMPA publishers and opens a negotiation period for individual publishers to engage Roblox in go-forward licensing deals.

Music 105
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Innovative prostheses positively change the Paralympics

WIPO Magazine

In late summer 2021, athletes with disabilities from around the world competed at the Tokyo 2020 Paralympic Games. Maja Hoock, Manager of Corporate Communications Research and Development (R&D) at the leading German prosthetics company, Ottobock, explains how IP-protected sports prostheses help athletes make the most of their abilities.

IP 98
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Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store. Watch this episode on the Weintraub YouTube Channel, here.

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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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Your monthly copyright/appropriation article

Clancco

Images at issue. Brought to you by Azmina Jasani and Emelyne Peticca , who believe that if “the Warhol [v. Goldsmith] case is any indication, [Richard] Prince has an uphill battle to prove that he made fair use of [Donald] Graham’s image.” Jasani and Peticca point out one other aspect of note re: the Second Circuit’s amended decision: The Second Circuit concluded that “just as artists must pay for their paint, canvas, neon tubes, marble, film, or digital cameras, if they choose

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How to avoid IP risks when using sports data and statistics in your business

JD Supra Law

The popularity of sports and zealousness of fans makes sports an attractive industry for those looking for a lucrative business enterprise. Fantasy sports is a prime example. This estimated billion-dollar industry allows fans to wager against other fans, drafting their own fantasy team of real players, with their success contingent on those players’ real-life performances during the season.

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Some Useful Information About Trademark Symbols

Patentably Defined

Trademark symbols are important. So is using the correct trademark symbol. I found an easy-to-understand guide to trademark symbols here. There is also an article that answers the question “ which trademark symbol should you use ?” The post Some Useful Information About Trademark Symbols first appeared on Patentably Defined.

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CVC Files Reply to ToolGen's Opposition to CVC's Responsive Motion No. 1

JD Supra Law

On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 1 in Interference No. 106,127 to be accorded benefit of priority to U.S. Patent Application No. 13/842,859, filed March 15, 2013, or in the alternative U.S. Patent Application No. 14/685,504, filed April 7, 2015, or U.S.

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Motorola Again Urges Injunction After $600M Radio IP Win

IP Law 360

Motorola Solutions Inc. again urged an Illinois judge Wednesday to permanently block a Chinese rival from making and selling mobile radios using its intellectual property, saying it's necessary in light of its inability to collect a nearly $600 million trade secret judgment.

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Anchovy News, September 2021

JD Supra Law

This is the September edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover.

Editing 98
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Federal Circuit Allows Easier Foreign Corporation Service Requirements

The IP Law Blog

In In re: OnePlus Technology (Shenzhen) Co. Ltd. , case number 2021-165, the U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants. In September 2020, Plaintiff Brazos filed five related patent infringement actions in the United States District Court for the Western District of Texas against Defendant OnePlus, a Chinese company.

Law 95
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In Conversation with Daisy House, Chief of Cree Nation of Chisasibi

Nelligan Law

Reading Time: 7 minutes On Canada’s first National Truth and Reconciliation Day, our goal is to amplify Indigenous voices in honour of the lost children and Survivors of residential schools, their families and communities. We sat down with Daisy House, Chief of Cree Nation of Chisasibi, to talk about what this day means to her and her community. She discusses how recent discoveries of the mass graves at former Residential schools have affected her community, and what non-Indigenous allies do to

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IP Attys Report Lower Billable Hours In 2020

IP Law 360

Intellectual property attorneys working at private firms saw their billable hours decrease in 2020 amid the COVID-19 pandemic, according to the latest survey from the American Intellectual Property Law Association, with some reporting decreased billing rates as well.

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Manufacturing Day 2021: Celebrating Resilient U.S. Manufacturers Like Headframe Spirits in Butte, Montana

U.S. Department of Commerce

Manufacturing Day 2021: Celebrating Resilient U.S. Manufacturers Like Headframe Spirits in Butte, Montana. September 30, 2021. KCPullen@doc.gov. Thu, 09/30/2021 - 16:32. Investing in communities and workers. Manufacturing. Employees at Headframe Spirits in Butte, Montana. Manufacturing Day 2021 (MFG Day), Oct. 1, 2021, is an opportunity to celebrate the resilience of U.S. manufacturing.

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TSMC has catalogued more than 140,000 trade secrets since 2013, company says

IAM Magazine

Chipmaker has operated a trade secret registration system for eight years, and is now looking to shore up management practices among its suppliers.

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Guest Post by Prof. Trimble: The False Sense of Victory in Bypassing The Hague Convention on Service of Process

Patently-O

Guest Post by Professor Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, University of Nevada, Las Vegas William S. Boyd School of Law. Professor Trimble specializes in international intellectual property law, and is the author of Global Patents: Limits of Transnational Enforcement (Oxford Univ. Press 2021) and co-author with Paul Goldstein of International Intellectual Property Law, Cases and Materials (Foundation Press 5th ed. 2019).

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Disney Settles Scarlett Johansson's 'Black Widow' Pay Suit

IP Law 360

Disney has reached a settlement to end Scarlett Johansson's California state court suit alleging the Marvel Studios parent's decision to immediately release "Black Widow" on its streaming service rather than allow for an exclusive theatrical run violated their contract and slashed the actress' earnings on the film, the parties announced Thursday.

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What is Cost of Goods Sold and How to Calculate It

Legal Zoom

Your cost of goods sold (COGS) consists of all the direct costs associated with producing your goods or services. Calculating costs of goods sold helps you determine the true cost of the merchandise or services you sell.

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Building Client Community with RightsLink for Scientific Communications: An Interview with Casey Pickering

Velocity of Content

We recently sat down for an interview with Casey Pickering, a Senior Product Marketing Manager on CCC’s Information and Content Solutions team, about some of the innovative work going on in RightsLink for Scientific Communications. DD: First of all, thank you very much for taking the time to speak with me today. Right off the bat, for the readers: Can you tell me more about RightsLink for Scientific Communications and the role it fulfills in the world of scholarly publishing?

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What Do These Acronyms Mean? A Beginner’s Guide to Acronyms Used in the Copyright Universe

Copyright Alliance

Creators, lawyers, and industry executives alike all use acronyms—those sometimes-ambiguous combinations of capital letters that have become so pervasive that oftentimes even the people who frequently use them have forgotten […]. The post What Do These Acronyms Mean? A Beginner’s Guide to Acronyms Used in the Copyright Universe appeared first on Copyright Alliance.

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Fed. Circ. Tells PTAB To Try Again On Mystery Shopper Patent

IP Law 360

The Federal Circuit on Thursday vacated and remanded part of a Patent Trial and Appeal Board decision upholding one claim in a patent owned by Fall Line Patents covering mystery shopper technology, saying the board abused its discretion in certain respects.

Patent 75
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Likelihood of Confusion in Trademark Law: Richard Kirkpatrick wrote the book (again)

Likelihood of Confusion

[Revised — RDC.] Congratulations to Richard K. Kirkpatrick of Pilsbury Winthrop, who has — through the Practising Law Institute — has come out with the second edition of Likelihood of. The post Likelihood of Confusion in Trademark Law: Richard Kirkpatrick wrote the book (again) appeared first on LIKELIHOOD OF CONFUSION™.

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Albright Won't Let Google, YouTube Escape From Patent Suit

IP Law 360

U.S. District Judge Alan D. Albright once again declined to dismiss VideoShare LLC's patent lawsuit against Google and YouTube over video-sharing technology, finding in a case of first impression that the disputed patent was still enforceable for its term despite being linked to two prior invalidated patents.

Patent 75
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DPIIT Recognition for Startups

IP and Legal Filings

With a strong growing business environment in India, the majority of startups are creating a strong innovative line of business with their impeccable records. Creating more job opportunities and increasing purchasing parity is what the startups are doing. India, from the time of the Make in India initiative and Startup India Scheme, has provided a lot of incentives to the startups’ owners which encourages the owners to do more for their foundations.

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CBD Maker Says Franchisors Used Its TMs For Another Brand

IP Law 360

CBD manufacturer SunFlora Inc. has hit another CBD brand with a trademark infringement suit in an Illinois federal court, accusing the duo behind the brand of misappropriating SunFlora's trademarks for their own CBD line and breaching their contracts as SunFlora affiliates.

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contributory liability possible for lawyers in timeshare exit cases

43(B)log

Diamond Resorts U.S. Collection Development, LLC v. Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Cal. Apr. 12, 2021) Another timeshare company v. timeshare exit company case. Here, Diamond sued both the marketers who seek exit clients and also the lawyers who worked with them. The marketers allegedly referred Diamond owners to the lawyer defendants, who allegedly instructed owners to refrain from paying anything owed under their timeshare contracts, and to change their ad

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'Friday The 13th' Writer Wins Back Script At 2nd Circ.

IP Law 360

In a closely watched case over copyright law's so-called termination right, the Second Circuit ruled Thursday that the screenwriter of the original "Friday the 13th" could reclaim the rights to his script.

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ITC Section 337: Tips for Avoiding Discretionary Denials at the PTAB

IP Tech Blog

We previously wrote that a co-pending ITC Section 337 investigation virtually guarantees that the Patent Trial and Appeal Board (PTAB) will exercise its discretionary power to deny institution under 35 U.S.C. §§ 314(a) and 324(a) when considering a petition for inter partes review (IPR) or post-grant review (PGR). See ITC Section 337: Kiss of Death for PTAB Proceedings.

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TTABlog Quarterly Index: July - September 2021

The TTABlog

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the TTABlog on Twitter: @TTABlog. Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed?