Plagiarism Today

MARCH 16, 2022

Yesterday, a report by Scott Schwebke at the Orange Country Register highlighted a lawsuit filed by Chapman University processor David Berkovitz, who has filed a lawsuit against a John Doe student that he accuses of posting questions from his exam online. According to the lawsuit, during the spring 2021 semester Berkovitz was teaching a Business 215 class, during which he gave both a midterm and a final exam to the students.

Copyright Infringement 280

Copyright Infringement Copyright Registration Plagiarism 280

Hugh Stephens Blog

MARCH 16, 2022

Earlier this month I wrote about online safety legislation and noted how Canada is following Australia’s lead in developing a regime that would, among other things, create a Digital Safety Commissioner (called the eSafety Commissioner in Australia), as well as imposing requirements on internet platforms to monitor for, and expeditiously take down, certain types of … Continue reading "Requiring Digital Platforms to Pay for Using News Content: Canada Follows Australia’s Lead—But Not Precisel

243

243

Plagiarism Today

MARCH 16, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Is Getting NFTs But What the Hell Does That Mean? First off today, Matt Novak at Gizmodo reports that, in a talk at South by Southwest, Meta CEO Mark Zuckerberg announced that NFTs were coming to Instagram and that users “would be able to mint things within that environment.” NFTs, or non-fungible tokens, have seen both big sales and big business in the past year.

Non-Fungible Tokens 186

Non-Fungible Tokens Copyright Plagiarism Intellectual Property 186

Erik K Pelton

MARCH 16, 2022

Erik’s new cheat sheet lists the key steps a new brand should take to get started on a strong legal trademark foundation. For more, see [link]. The post Brand Protection Cheat Sheet appeared first on Erik M Pelton & Associates, PLLC. Erik’s new cheat sheet lists the key steps a new brand should take to get started on a strong legal trademark foundation.

Branding 162

Branding Brands Branding Trademark 162

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

TorrentFreak

MARCH 16, 2022

In a world that’s dominated by viral social media posts and catchy headlines, branding is everything. Controversial statements and recognizable names are a great way to gain visibility. This attention can then be monetized. LimeWire Comeback? Last week we noticed that one of the most iconic file-sharing brands was making headlines once again. According to numerous news articles, LimeWire is making a comeback as an NFT marketplace.

Branding 143

Branding Brands Branding Due Diligence 143

IPilogue

MARCH 16, 2022

Photo by C D-X ( Unsplash ). Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . On February 4, the Recording Industry Association of America (“RIAA”) sent a demand letter to HitPiece.com’s lawyer and its founders, demanding that it stops infringing music creators’ intellectual property rights. HitPiece.com was generating controversy prior to the demand letter, with several users calling it a scam NFT site.

Music 131

Music Non-Fungible Tokens Social Media IP 131

TorrentFreak

MARCH 16, 2022

Back in 2018, broadcaster DISH Network sued the people behind pirate IPTV service SetTV. Within months, defendants Nelson Johnson and Jason LaBossiere found themselves on the wrong end of $90 million judgment for breaches of the Federal Communications Act. The court also issued a permanent injunction that prevented the defendants and any cohorts from operating a similar service in breach of DISH’s rights.

Copyright Infringement 125

Copyright Infringement Reporting Settlement Copyright 125

IP Watchdog

MARCH 16, 2022

Reports overnight indicated that the European Union, United States, India and South Africa have reached a compromise on language for a waiver of intellectual property rights related to COVID-19 vaccine technology under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The compromise is not final and still must get official approval from all 164 World Trade Organization (WTO) member countries.

Intellectual Property 124

Intellectual Property Patent Technology Reporting 124

JD Supra Law

MARCH 16, 2022

So you bought an NFT. You now own what is effectively an immutable electronic deed meant to record ownership of an asset, often a digital artwork. You probably paid for the NFT upfront—and if the artist is popular, you may have paid a substantial sum.

Artwork 114

Artwork Ownership Copyright Law 114

IP Watchdog

MARCH 16, 2022

The U.S. Court of Appeals for the Federal Circuit today denied rehearing and rehearing en banc to Biogen International, which had petitioned the court following a November decision affirming a district court ruling that Biogen’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description. Three judges split from the majority, with Judges Lourie, Moore and Newman dissenting on the denial of en banc rehearing.

Patent 116

Patent Litigation IP 116

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

MARCH 16, 2022

In responding to an Office Action, the applicant usually makes an amendment by adding or substituting a technical feature. However, if the intact technical features described in an embodiment are incorporated into a claim, the claim as amended will not only become verbose and complicated but also define an excessively narrow scope of protection, which is obviously disadvantageous to the applicant.

Patent Application 100

Patent Application Patent 100

Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. People are aware of the term ‘Property,’ which relates to the regulations, rules, and laws of ‘Real Property’ or ‘Real Estate,’ i.e., land.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

IP Law 360

MARCH 16, 2022

The Office of the U.S. Trade Representative has confirmed that there has been a "compromise reached between the four major players in discussions to waive intellectual property rights for COVID-19 vaccines.

Intellectual Property 98

Intellectual Property 98

JD Supra Law

MARCH 16, 2022

The Patent Trial and Appeal Board has denied institution of a post-grant review proceeding because the petitioner failed to show the challenged patent was eligible for PGR. The PTAB ruled that the petitioner’s evidence, including expert testimony, did not show that the claims in the challenged patent lacked enablement by the disclosures of two PCT applications from which the challenged patent claimed priority.

Patent 98

Patent 98

Olartemoure Blog

MARCH 16, 2022

“Nutraceuticals”, a term commonly employed in the marketplace, is usually used to identify products derived from food sources exhibiting extra health benefits in addition to the nutritional value of foods. These products are not specifically defined by law in the US but are regulated by FDA as well as Dietary Supplements. The situation is similar in Colombia since there is no regulation explicitly directed to “nutraceuticals”, nor a legal definition for these products is in place.

Registration 98

Registration Branding Brands Branding 98

JD Supra Law

MARCH 16, 2022

When does an applicant have “enough” to file a patent application and be granted a patent? That question continues to dog applicants in the biopharmaceutical industry, particularly in view of recent Federal Circuit decisions concerning whether a patent application provides adequate written description for claims requiring functional limitations, such as administering an “effective” amount of a therapy.

Patent Application 98

Patent Application Patent 98

Velocity of Content

MARCH 16, 2022

Several years ago, I wrote a piece titled “ How AI and copyright would work.”. As I looked over the state of several interesting questions at the intersection of artificial intelligence and copyright at that time, my bottom line was pretty simple: If the copyright laws and regulations required a work to contain the expression of a human person, then that body of law (especially the text of the statutes, e.g., Title 17 in the U.S., but also the common law or civil law history of cases) did not

Inventor 98

Inventor Editing Copyright Copyright Law 98

JD Supra Law

MARCH 16, 2022

On February 18th, Sigma-Aldrich filed its Opposition to Junior Party's (the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier; collectively, "CVC") Substantive Preliminary Motion No. 1 in Interference No. 106,132, asking the Patent Trial and Appeal Board for benefit of priority to U.S. Provisional Application No. 61/652,086, filed May 25, 2012 ("P1"), U.S.

Patent 98

Patent 98

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. So simple, in fact, that it can be easy to overlook certain nuances that can broaden the protection provided. Here’s a common scenario. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

MARCH 16, 2022

ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC - Before Lourie, Chen, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: Presumption of obviousness based on overlapping ranges applied where a prior-art reference disclosed an element in the claimed range that was similar but not identical to the claimed element.

Art 98

Art Patent 98

IP Intelligence

MARCH 16, 2022

On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. [1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly. About one year ago, Russia amended its Civil Code Article 1360 to ostensibly address the Covid crisis by allowing a forced license for use without consent of the patent holder of certain patent mon

Patent 96

Patent Intellectual Property Government Invention 96

Copyright Lately

MARCH 16, 2022

The currently-unidentified students are accused of uploading copyrighted exam questions to Course Hero in order to cheat during tests. What’s the cost of cheating on a college exam nowadays? Failing the class? Expulsion? Bringing shame and disgrace on your family name for generations to come ? How about being liable to your professor for willful copyright infringement damages of up to $300,000?

Copyright Infringement 78

Copyright Infringement Copyright Copying Business 78

Technology & Marketing Law Blog

MARCH 16, 2022

The California Appeals Courts have turned against Amazon’s marketplace. In 2020, in Bolger v. Amazon , the court held that Amazon may be strictly liable for marketplace sales it fulfills. Then, last year, in Loomis v. Amazon , the court extended Bolger’s strict liability rule to items Amazon doesn’t fulfill. Now, this ruling says that Amazon may be obligated to make mandatory disclosures for marketplace items and face liability for failing to do so.

Law 76

Law Business Blogging Government 76

IP Law 360

MARCH 16, 2022

Within weeks of Russia announcing that it won't enforce intellectual property from "unfriendly countries" — mainly, those which have sanctioned it for invading Ukraine — trademark applications blatantly copying McDonald's and Starbucks have been filed.

Intellectual Property 81

Intellectual Property Copying Trademark 81

JD Supra Law

MARCH 16, 2022

Foreign enterprises’ confidence in China's IPR protection has been further enhanced. In 2021, 110,000 Chinese invention patents have been granted to foreign applicants, a year-on-year increase of 23.0%; 194,000 trademarks from foreign applicants have been registered, an increase of 5.2% compared with last year.

Invention 102

Invention Patent IP Trademark 102

IP Law 360

MARCH 16, 2022

A Georgia federal judge awarded counsel for entertainment platform WorldStarHipHop more than $95,000 in fees and expenses on Tuesday for helping the business obtain a $1.2 million default judgment in a trademark infringement suit over the use of its name and likeness.

Business 76

Business Trademark 76

IPilogue

MARCH 16, 2022

We are pleased to announce the call for our Senior IPilogue Team for Summer 2022! If you are passionate about writing or editing, or you are interested in building your presence or being published in IP law, this is a great opportunity for you. *NOTE: hiring for IPilogue Writers will follow in the coming weeks. Senior Editor (up to 2 positions available).

Editing 59

Editing IP Blogging Technology 59

IP Law 360

MARCH 16, 2022

A proposed compromise in World Trade Organization talks to waive intellectual property rights for COVID-19 vaccines is being criticized from all sides, with pharmaceutical and business groups saying it threatens medical innovation, and public health groups assailing the plan as not going far enough.

Intellectual Property 75

Intellectual Property IP Business 75

JD Supra Law

MARCH 16, 2022

On February 24, 2022, the world watched in horror at Russia’s unprovoked invasion of Ukraine. Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly.

Patent 58

Patent 58

IP Law 360

MARCH 16, 2022

Starz told a Georgia federal judge Tuesday the cabaret-based stage play it allegedly ripped off to create the strip club drama "P-Valley" contains nothing but stock tropes and "random similarities" that can't possibly support a copyright infringement claim.

Copying 75

Copying Copyright Infringement Copyright 75

JD Supra Law

MARCH 16, 2022

As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks.

Trademark 55

Trademark Registering Trademarks Trademark Law Law 55

IP Law 360

MARCH 16, 2022

Twitter has persuaded the Patent Trial and Appeal Board to review the validity of a patent for creating and then classifying user profiles that a Xerox subsidiary has accused the social media giant of infringing in California federal court.

Social Media 75

Social Media IP Patent 75

Patently-O

MARCH 16, 2022

Patent claims treatment of DISEASE-X by administering 100mg of DRUG-Y. Specification has no EVIDENCE that treatment actually works, no reduction to practice, and only speculative examples. How should the claim be rejected? (Choose the best answer). — Dennis Crouch (@patentlyo) March 16, 2022. I wrote today about a claim requiring a dosage be "therapeutically effective." Survey: All patent claims include an implied "effectiveness" limitation — otherwise the claim would

Patent 58

Patent 58

IP Law 360

MARCH 16, 2022

U.S. District Judge Rodney Gilstrap has rejected a legal effort by Daiichi Sankyo and AstraZeneca to get out of a patent lawsuit over a breast cancer treatment drug they both sell and also ordered Daiichi to pay $75,000 in legal fees for what a rival called "discovery malfeasance.

Patent 73

Patent 73

Likelihood of Confusion

MARCH 16, 2022

Only Marc Randazza can put certain things in certain ways — and on those occasions when he’s actually right (like when he’s discussing law and not politics! ;-)), man, he’s. The post The best of the best. Of the bestest. appeared first on LIKELIHOOD OF CONFUSION™.

Law 52

Law 52