Mon.Sep 26, 2022

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3 Count: Bridgerton Settlement

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: NYC artist granted first known registered copyright for AI art. First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.

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Bill C-18, the Online News Act: Does it Violate Canada’s Trade Agreement Obligations?

Hugh Stephens Blog

As Bill C-18 continues its deliberate journey down the Canadian Parliamentary legislative track on its way toward enactment, the Bill’s prime targets (Alphabet, in the form of Google Search and Meta in the form of Facebook) continue to deploy the full force of their lobbying efforts to derail the legislation. Their most recent effort is … Continue reading " Bill C-18, the Online News Act: Does it Violate Canada’s Trade Agreement Obligations?

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Supreme Court on Patent Law for October 2022

Patently-O

by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. The most anticipated case last year was the 101 eligibility petition regarding automobile drive shaft manufacturing process.

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AI / ML medical devices, regulation and sunrise in the West

SpicyIP

Image from here. Policy makers have often been caught off guard with new age technology. Technology emerges and evolves rapidly and regulations are slow to catch up. This cat and mouse game continues with another fast emerging and disruptive technology – AI / ML based medical devices. The US and EU are seeing waves of regulatory and policy level curiosity in AL / ML medical devices.

Marketing 118
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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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Pirate IPTV Operator Faces Prison Following Organized Crime Investigation

TorrentFreak

Rightsholders seeking to crack down on pirate streaming services in the UK can do so under civil and criminal law but the former has mostly been abandoned. Rightsholders such as the Premier League, Sky and BT Sport, with support from the Federation Against Copyright Theft, now tend to conduct their investigations before referring them to the police.

Copyright 108
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This Week in Washington IP: Securing U.S. Leadership in Emerging Compute Technologies, Managing the Risks of AI, and Incorporating Commercial Drones Into U.S. Airspace

IP Watchdog

This week in Washington IP news, the Senate Aviation Safety Subcommittee takes a look at incorporating unmanned aerial systems more fully into the U.S. national airspace, while the full Senate Commerce Committee explores how to maintain U.S. leadership in emerging compute technologies. Over in the House of Representatives, the House Science Committee focuses on the risks that must be managed as artificial intelligence (AI) systems become more highly developed.

More Trending

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Spill the tea, drastically – the tea trade mark with adverse effect case in China

The IPKat

Article 10(8) of the PRC Trade Mark Law (2019 Amendment) concerns one of the absolute grounds for refusal/ invalidity. It prohibits the registration and use of signs that are “detrimental to socialist morality or customs, or hav[e] any other adverse effect”. The meaning of ‘adverse effect’ is not self-explanatory, rendering the official guidelines and interpretations helpful for reference.

IP 88
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Take-Two Tattoo Trial Begins: What You Need to Know

Copyright Lately

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. In a trial starting Monday in the Southern District of Illinois, a jury will determine whether Take-Two Interactive’s realistic depiction of wrestler Randy Orton in the “WWE 2K” video game series infringes ta

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Summer at Harvard: A high school student’s perspective

IPilogue

Sanam Singh is a Grade 12 student and the Head Girl at TMS School in Richmond Hill. I was honored to have been accepted into the Harvard Summer School program this past July. As someone aspiring toward a legal career, my time on Harvard’s campus was wonderful and extremely memorable. The program participants did not know each other, but were required to work together on an assigned project.

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Netflix Ends IP Fight Over 'Unofficial Bridgerton Musical'

IP Law 360

Netflix has settled a copyright and trademark infringement suit against a Grammy award-winning songwriting duo over their stage show, which the streaming giant alleged in a suit filed just shy of two months ago had ripped off its original hit series "Bridgerton.

Music 75
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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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Not safe for work

Likelihood of Confusion

Blawg Review #279 is up at Mirriam Seddiq’s Not Guilty blog. It’s not safe for work. Unless you work in a law office. Home… that’s something else. Originally posted 2011-12-31 18:11:00. Republished. The post Not safe for work appeared first on LIKELIHOOD OF CONFUSION™.

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An Associate's Guide To Rebounding After A Layoff

IP Law 360

Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

Law 71
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Aerial Photographer Drops Lawsuit against Utah School

BYU Copyright Blog

Last year, we reported on a case where photographer Peter Massini (“Massini”) filed a complaint against Wasatch Academy (“Wasatch”), a Utah boarding school. Massini claimed that Wasatch used his photograph on its website without his permission.After our initial post, Wasatch never responded to the lawsuit with a formal filing. The Answer was due in November of 2021.

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Beware the “New Google” (And Much More)

Velocity of Content

Grapefruit peel and lemon peel simmered slowly in water to extract the maximum quinine and vitamin C. It’s not a recipe for a trendy homemade energy drink, but a DIY prescription for hydroxychloroquine and touted online as a cure for COVID-19. You can find the phony pharmaceutical on the world’s most popular website. No, not Google – the new Google , TikTok.

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Lewis Brisbois Sues Lewis Brisbois In Texas Name Spat

IP Law 360

Lewis Brisbois, the 1,600-lawyer BigLaw behemoth that's been around since the Carter administration, is suing Lewis Brisbois, a "mediation and related services" business registered in May to a UPS Store address outside Houston.

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disparagement of a non-market participant doesn't provide Lanham Act standing

43(B)log

PharmacyChecker.com v. National Ass’n of Bds. of Pharm., No. 19-CV-7577 (KMK), 2022 WL 4368036 (S.D.N.Y. Sept. 20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act.

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NYC Denied Default Judgment In Cannabis TM Case

IP Law 360

A federal judge has denied New York City's bid for default judgment against a man behind a cannabis-apparel brand over allegations that he copied city marks.

Copying 52
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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Recent Headlines in the IP World: Heather Landi: Judge Rules Apple Watch Infringed AliveCor’s ECG Patent, Setting Up Potential U.S. Import Ban (Source: Fierce Healthcare). Blake Brittain: Apple Asks Appeals Court to Overturn $502 Million Verdict in VPN Patent Case (Source: Reuters). Atty. Brandon Heard: Ontario Court of Appeal Affirms Dismissal of Apotex’s Statutes of Monopolies and Trademarks Act Claims Regarding Olanzapine (Source: JD Supra).

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"Zestimates" are nonactionable opinion, but state law might govern alleged listing agent misrepresentation

43(B)log

Demetres v. Zillow, Inc., 2022 WL 4367597, No. 3:21cv00802 (JBA) (D. Conn. Sept. 21, 2022) Demetres, a real estate salesperson/broker, alleged that Zillow violated the Lanham Act, the Sherman Act, and the Connecticut Unfair Trade Practices Act, and engaged in tortious interference with contractual relationships. The court dismissed some of the claims.

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US armed forces insurer bags more than half a billion dollars in cheque deposit patent assertion campaign

IAM Magazine

USAA also has an impressive track record fending off PTAB attacks on its assets, according to Docket Navigator

Patent 52
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Harper Lee Estate Must Pay $2.6M Arb. Award In IP Row

IP Law 360

An Illinois federal judge has confirmed a $2.6 million arbitral award against author Harper Lee's estate in a publishing company's copyright dispute over a theatrical adaptation of "To Kill a Mockingbird," ruling that it's not necessary to wait and see if an arbitrator raises the fee amount in remanded proceedings.

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US armed forces insurer bags more than half a billion dollars in cheque deposit patent assertion campaign

IAM Magazine

USAA also has an impressive track record fending off PTAB attacks on its assets, according to Docket Navigator

Patent 52
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Welcome Back Lindsey Fafoglia! The Newest Member of Stock Legal!

Stock Legal Blog

Hello! My name is Lindsey Fafoglia and I am proud to be writing my second bio as a member of Stock Legal! My first as a summer associate and law student, and now this one as a full-time member of the Stock Legal family. I am so excited to transition into my first career as an attorney at the place that has made me love the profession so much.

Law 40
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Global patent community waking up to potential UPC impact

IAM Magazine

IAM Q2 panel report reveals growing awareness of new European patent system’s strategic significance

Patent 52
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Private Ordering Mechanisms of Platform Providers Prior to and After the Implementation of Art. 17 CDSM Directive

Kluwer Copyright Blog

Photo by Markus Winkler via Pixabay. This is not the first time that readers of the Kluwer Copyright Blog will have read about either the CDSM Directive or the reCreating Europe project. This post enriches the body of work in this area by summarizing the key findings of our two-phase empirical research on end-user flexibilities and end-user license agreements (EULAs) of online content-sharing service providers (OCSSPs).

Art 101
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Global patent community waking up to potential UPC impact

IAM Magazine

IAM Q2 panel report reveals growing awareness of new European patent system’s strategic significance

Patent 52
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Precedential No. 27: TTAB Dismisses PepsiCo's "TORTRIX" Opposition Due to Inadequate Pleading of Misrepresentation of Source, Lack of Bona Fide Intent, and Fraud

The TTABlog

In this opposition to registration of the mark TORTRIX for "corn-based snack foods," the Board ruled that a claim for misrepresentation of source under Section 14(3) of the Lanham Act is available not just to a cancellation petitioner, but also to an opposer. However, it dismissed Opposer PepsiCo's Section 14(3) claim due to the insufficiency of its allegations.

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Kim Dotcom Took on a Pro-Ukraine Meme Group & Got Utterly Shitposted

TorrentFreak

Following the Twitter account of Megaupload founder Kim Dotcom every single day for the last ten years is a requirement for keeping up to date with the largest copyright infringement case of all time. It’s also pretty depressing, not to mention exhausting. Copyright law has always been controversial, but rarely this political or to these depths.

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standard setting bodies don't proximately cause Lanham Act injury when states adopt their recommendations

43(B)log

Geomatrix, LLC v. NSF Int’l, 2022 WL 4369950, No. 20-13331 (E.D. Mich. Sept. 21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. The antitrust claims failed because they were antitrust claims/because of Noerr-Pennington (First Amendment protection for petitioning government trumps antitrust laws); the false advertising claims also failed.