Wed.Aug 16, 2023

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xQc and the 2023 Reaction Video Controversy

Plagiarism Today

Streamer and YouTuber xQc is under fire for his reaction videos. Here's why it's not the first such battle and why this may be different. The post xQc and the 2023 Reaction Video Controversy appeared first on Plagiarism Today.

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Bold Branding: The Little Touches Make a Big Difference

Erik K Pelton

Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand. The post Bold Branding: The Little Touches Make a Big Difference appeared first on Erik M Pelton & Associates, PLLC. Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand.

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3 Count: SportsBay Millions

Plagiarism Today

Judge agrees to judgement in Internet Archive case, X seeks dismissal of copyright lawsuit and SportsBay hit with massive damages. The post 3 Count: SportsBay Millions appeared first on Plagiarism Today.

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DHC upholds Revocation of Pepsico’s Potato Plant Variety: –

SpicyIP

Image from here. FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand. On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety.

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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 Role Of A Cybersecurity Law Firm In Safeguarding Digital Assets

JD Supra Law

In today’s digital landscape, organizations face numerous cybersecurity threats that can compromise their valuable digital assets, including their data, IT infrastructure, networks, software, and intellectual property (IP). To protect client data and these other digital assets, businesses must take a comprehensive approach that encompasses legal protections as well as technical and practical considerations.

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Anti-Piracy Group Takes Prominent AI Training Dataset ”Books3? Offline

TorrentFreak

Generative AI models such as ChatGPT have captured the imaginations of millions of people, offering a glimpse of what an AI-assisted future might look like. There is little doubt that generative AI will lead to new breakthroughs, some with the potential to revolutionize many aspects of day-to-day life. At the same time, AI is causing grave concerns within the copyright industries.

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‘Z-Library ‘Fugitives’ Should Be Brought to Trial in The United States’

TorrentFreak

Last fall, the U.S. Government temporarily took down Z-Library, one of the largest book piracy operations in the world. The feds seized the site’s main domain names and arrested two alleged Russian operators of the site, who now find themselves at the center of a criminal investigation. This enforcement action came as a shock to millions of Z-Library users but the shadow library eventually recovered and remains online today.

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License Co. Blasts EA's 'Brazen' Video Game NIL Suit Tactics

IP Law 360

A brand management agency has urged a federal judge to not toss its lawsuit against Electronic Arts, calling the video game publisher's motion to dismiss and stay discovery a "brazen attempt to steamroll" its contractual rights so EA can use student athletes' name, image and likeness without fairly compensating them.

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512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

DMCA Section 512(c), the notice-and-takedown provision, codifies a simple paradigm. Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however, breaks down when copyright ownership is contested. In that circumstance, the takedown notice becomes a proxy battle for a larger and likely fact-dependent war over ownership, which the service in the middle i

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Medieval Times Union Says Trademark Suit Is Retaliation

IP Law 360

Unionized employees of Medieval Times have asked a federal judge to toss a trademark lawsuit brought by the castle-themed restaurant operator, arguing that Medieval Times is looking to "weaponize" the federal court to retaliate against its organized workers.

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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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Profile of the Creator of AI ‘Inventor’ DABUS Raises More Questions About International Test Cases

LexBlog IP

A profile of DABUS creator Dr Stephen Thaler, written by Tomas Weber and published by The Economist in April 2023, paints a picture of a rather isolated man – a septuagenarian, the product of a traumatic childhood, slightly paranoid, seemingly obsessed with his creation, and whose supportive wife seems resigned to the reality that he spends more time with his machines than he does with her.

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SiriusXM Owes Over $150M In Unpaid Royalties, Suit Says

IP Law 360

Sirius XM is "gaming the system" and manipulating regulations to avoid paying higher royalties to artists and copyright holders, and owes more than $150 million in unpaid royalties from the past several years, according to a lawsuit filed Wednesday by nonprofit royalty collector SoundExchange Inc. in Virginia federal court.

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Securing the Digital Frontier: Safeguarding Online Presence through Trademark Registration

LexBlog IP

Essential Benefits of Trademark Registration – Part 8 This is the eighth in a series of posts about the benefits of having your trademark registered. In the digital age, where online presence is integral to business success, safeguarding your brand’s identity across the virtual landscape is a priority. Trademark registration grants the power to prevent others from using your mark as a domain name, username, or in online advertising, thereby preserving your online presence and ensurin

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MrBeast Moves Suit Over 'Inedible' Burgers To NY State Court

IP Law 360

YouTube megastar MrBeast has dropped his federal lawsuit accusing Virtual Dining Concepts of tarnishing his reputation by serving low-quality food in their joint venture for the delivery-only MrBeast Burger restaurant in favor of refiling it in New York state court, where the virtual restaurant company has countersued him.

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Formycon/Fresenius Kabi and Samsung Bioepis Settlements with J&J and Janssen Biotech regarding Ustekinumab

LexBlog IP

On August 7, 2023, Formycon AG and Fresenius Kabi announced that they have reached a settlement with Johnson & Johnson (“J&J”) in the United States relating to FYB202, a proposed ustekinumab biosimilar to STELARA®, marketed by J&J. In February 2023, Formycon announced its entry into a global license agreement with Fresenius Kabi to commercialize FYB202 in key global markets after successful regulatory approvals.

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Artist Asks 11th Circ. To Revive Light Display Copyright Suit

IP Law 360

British artist Bruce Munro urged the Eleventh Circuit on Wednesday to reverse a decision dismissing his copyright infringement suit against a Miami-area botanical garden, arguing that the garden's illuminated display clearly copied Munro's light-based sculptural works.

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YouTube: Criticize Islam? Now that’s offensive.

Likelihood of Confusion

Instapundit.com reports that an atheist contributor to YouTube whose anti-Christian rants raised nary a Google’d eyebrow had his plug pulled when he started tussling with the Musselmen: “Christians who want. The post YouTube: Criticize Islam? Now that’s offensive. appeared first on LIKELIHOOD OF CONFUSION™.

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Fed. Circ. Won't Transfer Inventor's Malpractice Suit

IP Law 360

The Federal Circuit on Wednesday dismissed a bid to transfer an inventor and former attorney's malpractice lawsuit alleging Cowan Liebowitz & Latman PC ripped off her idea for a so-called "premium" event ticket sales platform, saying "it would not be in the interest of justice" to move the case to the Second Circuit.

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Paid family and domestic violence leave for small business owners

LexBlog IP

Legislation providing for paid family and domestic violence leave was passed by the Commonwealth Government in 2022. The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) (Amending Act) amended the Fair Work Act 2009 (Cth) (Fair Work Act) to provide Australian workers with access to ten (10) days of ‘paid family and domestic [.

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Fisher Phillips Adds Trade Secrets Pro To Philly Office

IP Law 360

Fisher Phillips LLP has hired a former Buchanan Ingersoll & Rooney PC employment litigator as of counsel in its rapidly growing Philadelphia office, the firm announced Tuesday.

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What’s the Difference Between Copyright and a Trademark?

Corsearch

Have you ever felt lost in the labyrinth of legal jargon when it comes to protecting your creative works or brand identity? Fear not! In this short blog we demystify the realms of copyright and trademarks, using the U.S. intellectual property system as a baseline. Copyright and trademarks are key intellectual property rights, each possessing their own unique characteristics to shield your creations from the clutches of bad actors and infringers.

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Cardiac Concerns Dominated Newman Misconduct Hearing

IP Law 360

U.S. Circuit Judge Pauline Newman's refusal to hand over medical records and provide clarity about an alleged cardiac event was at the center of a July misconduct hearing after which her Federal Circuit colleagues recommended a one-year suspension, according to a redacted transcript released Wednesday.

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Never too late: If you missed the IPKat last week!

The IPKat

Been too busy to stay up-to-date with the latest IP developments? Don't worry, it's not too late to catch up. Here's what you missed. Patents Image from Pixabay Rose Hughes reflected on the patent applications filed by Dr Thaler, which claim inventions purportedly invented by the AI machine, DABUS. There has been a lot of excitement about whether an AI can be formally designated as an inventor.

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Otsuka Wins Block On Cancer Drug Lonsurf's Generic Version

IP Law 360

Otsuka Holdings Co. Ltd.'s Taiho unit nabbed a win Tuesday when a Delaware federal judge upheld its patent for the metastatic colorectal cancer drug treatment Lonsurf, likely keeping a generic version of the drug off the U.S. market for years to come.

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M&A Checklist — How to Prepare Your IP for the Legal Due Diligence Process

LexBlog IP

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal due diligence process. IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the busines

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Covington Trial Attorney With ITC Past Joins DLA Piper

IP Law 360

DLA Piper announced Wednesday that it is adding a former Covington & Burling LLP trial lawyer who previously worked at the U.S. International Trade Commission to its patent litigation team.

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How to Get Sued for Sending a Cease-and-Desist Letter: Declaratory Judgment

Patent Trademark Blog

Can you get sued for sending a cease-and-desist letter? Yes, you can get sued for sending a C&D letter. It’s called a declaratory judgment lawsuit. Before you send that cease-and-desist letter, understand this risk and gauge the probability of the other side escalating the fight. Need a smart strategy for enforcing your patent and trademark?

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AI v. IP: Potential Fiasco Looming with New Wave of Litigation Against AI Platforms

JD Supra Law

The advent of artificial intelligence (AI) technology has ushered in remarkable advancements across myriad industries from healthcare to entertainment and beyond. With this techno-revolution, novel questions concerning intellectual property (IP) rights have emerged, giving rise to a growing trend of lawsuits against AI platforms.

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Brazil Becoming a Relevant Forum for Telecom Patent Litigation

IP Watchdog

Unlike other jurisdictions, injunctions in Brazil are no equitable remedy. There is no discretionary power of the court to decide whether to grant a permanent injunction upon the finding of infringement at the end of the proceedings. Injunctive relief is the primary remedy, and it can only be substituted by financial damages at the election of the plaintiff.

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Not Just One Size Fits All in Brandy Melville Decision: Ninth Circuit Opines on a Trio of Trademark First Impressions

JD Supra Law

Addressing not one but three matters of first impression, the Ninth Circuit held that willful blindness giving rise to contributory trademark infringement requires a defendant to have specific knowledge of specific infringers or acts of infringement and without specific knowledge there is not a duty to search whether third parties are using the defendant’s property for infringement.

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Avanci’s new 5G Vehicle Program – A One Stop Shop?

IP Watchdog

While the 5G program launch is a step into the right direction, the biggest challenge will be the new royalty rate. The 5G program is targeted at automotive OEMs, who if they join within the next 6 months (or before they ship their first 5G vehicle, whichever is later) will get access to all members’ cellular SEPs for a discounted rate of $29 per vehicle.

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Oregon Becomes Twelfth State to Enact a Comprehensive Consumer Privacy Law

JD Supra Law

Oregon Governor Tina Kotek signed into law the Oregon Consumer Privacy Act (OCPA) (Senate Bill 619) on July 18, making Oregon the twelfth state to enact comprehensive data privacy legislation. The OCPA is primarily based on other existing state privacy laws, particularly those in Connecticut and Colorado, but it differs in a few ways. The OCPA lacks several common exemptions found in other state privacy laws and has various unique definitions.

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Avanci unveils 5G patent platform for connected vehicles

Managing IP

More than 50 companies, including Nokia and Ericsson, have signed up to Avanci’s latest licensing programme

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Copyright and AI-Generated Content: Establishing Scope Requires More Than Registration

JD Supra Law

U.S. copyright law protects human-authored expression, not works generated purely by generative AI. When a human author uses generative AI tools to create their work, the scope of copyright protection extends to the human-authored aspects of the work, not the AI-generated material within that work.

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Essential Benefits of Trademark Registration – Overview

LexBlog IP

In the ever-evolving landscape of business, where competition is fierce and uniqueness is paramount, trademarks stand as sentinels guarding the identity and integrity of brands. While the significance of trademarks is widely recognized, it is the act of registering these invaluable assets that truly unlocks a world of advantages for businesses. These advantages include: Preventing the Pain of Forced Rebranding Exclusive Rights and Protection Preventing Brand Confusion Enhancing Brand Value Globa