Plagiarism Today
NOVEMBER 18, 2021
Streamlabs, a company that provides software that enables livestreaming, has long been a somewhat controversial figure in the streaming marketplace. Their main product, Streamlabs OBS (often abbreviated to SLOBS) is built on top of the open-source application OBS it’s been accused of creating confusion by using such a similar name for a commercial product.
TorrentFreak
NOVEMBER 18, 2021
NFTs have been booming over the past year. People are willing to pay millions of dollars just to prove that they “own” a digital item that was worthless before. These digital entries, stored on a blockchain, allow the buyers to prove that they are legitimate owners. While it’s different from a copyright, NFTs owners are rightsholders in a sense.
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Plagiarism Today
NOVEMBER 18, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.
TorrentFreak
NOVEMBER 18, 2021
In the summer we reported on an unusual situation in Japan where copyright holders felt that the rise of so-called ‘fast movies’ represented a threat to their business. ‘Fast movies’ are essentially heavily edited copies of feature-length films that tell the entire story in just a few minutes. However, unlike most official trailers they also tend to come with commentary, in addition to an abundance of spoilers.
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?
IP Watchdog
NOVEMBER 18, 2021
Director Quentin Tarantino’s 1994 Pulp Fiction, considered among the most influential films in modern history, has emerged as a test case of sorts for issuing non-fungible tokens (NFTs) that relate to a copyright-protected work. The NFTs are being sold independent of Miramax, the producer and owner of the rights to the film, who says its ownership rights are being violated.
The IPKat
NOVEMBER 18, 2021
Kat friend Jan Jacobi reports on a recent case where only the intrepid dare tread—-trade mark exhaustion and market partitioning. In the context of European trade, proving trade mark exhaustion (within the meaning of article 15 of the Trade Mark Directive) can be challenging. On the basis of the Van Doren Lifestyle judgement by the ECJ (as it then was), the burden of proof regarding trade mark exhaustion rests with the party relying on it.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
NOVEMBER 18, 2021
Newslaundry Logo (Image from here ). In a recent post , Divij discussed the use of copyright infringement claims by Aaj Tak against the independent media platform, Newslaundry. The videos in relation to which the copyright claims were made contained clips from videos of Aaj Tak’s reporting and as per Newslaundry were used to critique Aaj Tak’s reporting on certain issues.
IPilogue
NOVEMBER 18, 2021
Photo by Shahadat Rahman ( Unsplash ). Tiffany Wang is an IPilogue Writer, Intellectual Property Journal Editor, and a 2L JD Candidate at Osgoode Hall Law School. . . How do you tax new business models that sell goods and services, often digital in nature, in another country, without a physical presence in those countries, under existing tax laws?
The IP Law Blog
NOVEMBER 18, 2021
In this episode of the Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.
JD Supra Law
NOVEMBER 18, 2021
Mitigating Trade Secret Risks in a New Workplace - The protection of trade secrets has always been vital to maintaining a successful business, particularly as companies innovate and use technology in creative ways to obtain a competitive edge in manufacturing and delivering goods and services. Originally published in The Press-Enterprise and other Southern California Newspaper Group publications online on November 12, 2021.
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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.
IP Law 360
NOVEMBER 18, 2021
A British hacker copped to cracking the copyright protections on nearly every major motion picture released on disc between 2011 and early 2020 and distributing copies across an online piracy syndicate that caused Hollywood to lose tens of millions of dollars, the U.S. Department of Justice announced Thursday.
JD Supra Law
NOVEMBER 18, 2021
Case Name: Auxilium Pharms., Inc. v. FCB I LLC, Civ. No. 20-16456, 2021 WL 2802537 (D.N.J. July 6, 2021) (Vazquez, J.) - Drug Product and Patent(s)-in-Suit: Testim® (testosterone gel); U.S. Patents Nos. 7,320,968 (“the ’968 patent”), 7,608,605 (“the ’605 patent”), 7,608,606 (“the ’606 patent”), 7,608,608 (“the ’608 patent”), 7,608,609 (“the ’609 patent”), 7,608,610 (“the ’610 patent”), 7,935,690 (“the ’690 patent”), 8,063,029 (“the ’029 patent”), 8,178,518 (“the ’518 patent”), and 7,608,607.
IP.com
NOVEMBER 18, 2021
When the COVID-19 pandemic changed where employees worked, it also changed how they work. Upwork’s 2021 Future Workforce Report reported that “67% of businesses reported… many more changes to long. The post 5 Benefits of a Connected Workplace appeared first on IP.com - IP Innovation and Analytics.
JD Supra Law
NOVEMBER 18, 2021
Joint inventorship has been called "one of the muddiest concepts in the muddy metaphysics of patent law" because the "exact parameters of what constitutes joint inventorship are quite difficult to define." Mueller Brass Co. v. Reading Indus., 352 F. Supp. 1357, 1372 (E.D. Pa. 1972), aff'd, 487 F.3d 1395 (3d Cir. 1983). The consequences of an improper (or improvident) determination of inventorship (and the sometime difficulties that can arise when a change of inventorship is delayed until a.
Velocity of Content
NOVEMBER 18, 2021
CCC recently joined two publishing industry collaborations, each with the aim of promoting a more sustainable future. By signing on to both the Climate Change Knowledge Cooperative and the UN SDG Publishers compact , we have joined publishers and fellow publishing-adjacent organizations as we look to the next phase of our ever-more human influenced (“Anthropocene”) era.
JD Supra Law
NOVEMBER 18, 2021
The recently reversed jury verdict and billion-dollar judgment in favor of Juno Therapeutics on the grounds that the asserted claims did not satisfy the written description requirement of 35 U.S.C. § 112. See Juno Therapeutics, Inv. v. Kite Pharma, Inc.
U.S. Department of Commerce
NOVEMBER 18, 2021
Native Americans Play Critical Role in NOAA Coastal Projects. November 18, 2021. KCPullen@doc.gov. Thu, 11/18/2021 - 13:09. The following is a cross-post from the National Oceanic and Atmospheric Administration (NOAA). In President Biden’s proclamation on Indigenous Peoples’ Day last October, he noted, “History demonstrates that Native American people—and our Nation as a whole—are best served when Tribal governments are empowered to lead their communities and when Federal officials listen to a
JD Supra Law
NOVEMBER 18, 2021
Addressing venue in the context of a Hatch-Waxman case, the US Court of Appeals for the Federal Circuit explained that sending a paragraph IV notice letter to a company in the district is insufficient to establish venue. Celgene Corp. v. Mylan Pharmaceuticals Inc., Case No. 21-1154 (Fed. Cir. Nov. 5, 2021) (Prost, J.) The Court affirmed a district court finding that venue was improper since the defendant had not committed any acts of infringement and did not have a regular and established place.
IP Law 360
NOVEMBER 18, 2021
A cannabis dispensary president hoping to escape a copyright suit alleging he plastered Sacha Baron Cohen's "Borat" character on a highway billboard without permission had admitted to playing a part in orchestrating the ad, the actor's lawyer told a Boston federal judge on Thursday.
The IP Law Blog
NOVEMBER 18, 2021
In Apple Inc. et al. v. Hirshfeld, case number 5:20-cv-06128, in the U.S. District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. Under the America Invents Act (AIA), 35 U.S.C. § 100 et seq. , a party may ask the U.S.
IP Law 360
NOVEMBER 18, 2021
The Patent Trial and Appeal Board has agreed to review a iRobot Corp. patent related to a robotic floor cleaner, reversing course from an earlier decision where it had shot down SharkNinja's request for review.
JD Supra Law
NOVEMBER 18, 2021
Inventors, executives, investors and others are often tripped up when contemplating patents and the rights they do and do not afford. On the latest episode of Trending Now - An IP Podcast, Tom Bergert and Drew Shores discuss five common patent misconceptions and ways to think clearly about patents.
IP Law 360
NOVEMBER 18, 2021
Delaware's Judge Leonard Stark on Monday will hold one of his "101 Day" hearings, where he considers patent eligibility fights and issues decisions on the same day, and one of the cases he's set to hear involves arguments from Natera Inc. looking to sink a DNA sequencing patent. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
IP Watchdog
NOVEMBER 18, 2021
The Estée Lauder Companies is seeking a Patent Agent for its Design Practice. This full-time, permanent position is based in Melville, NY.
Managing IP
NOVEMBER 18, 2021
Leahy’s departure will leave Congress with less direction on IP matters, but could also speed up PTAB reform and hand more influence to pro-patent people
Trading Secrets
NOVEMBER 18, 2021
Seyfarth Partners Robert Milligan, Erik Weibust, and Marcus Mintz, as well as senior associate Alex Meier will each be participating in the 2021 Annual Meeting of The Sedona Conference Working Group 12 (WG12) on Trade Secrets on December 13-14, 2021 in Phoenix, Arizona. The mission of Working Group 12 is to develop consensus and nonpartisan principles for managing trade secret litigation and well-vetted guidelines for consideration in protecting trade secrets, recognizing that every organization
LexBlog IP
NOVEMBER 18, 2021
In this episode of the Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.
IP Law 360
NOVEMBER 18, 2021
A California federal jury has handed a $14.5 million victory to Singaporean plastics and rubber maker SinCo Technologies in its trademark lawsuit accusing a former Chinese business partner of working with "disloyal" employees and misusing SinCo's name and logos to steal its customers.
LexBlog IP
NOVEMBER 18, 2021
Backup plans continue to be one of the most important ways to respond to a ransomware attack. If you have a backup plan, have tested it, and can migrate to it, you are better equipped to be able to respond when your system is locked by ransomware. If you do not have backups of your system, you are more vulnerable to succumbing to the ransom demand to get your business back up and running.
JD Supra Law
NOVEMBER 18, 2021
Dear Patenticity, My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based on our work. We would like to obtain patent protection, but I understand that software is very difficult to patent since the Alice case, and software patents keep getting invalidated in the courts.
LexBlog IP
NOVEMBER 18, 2021
It’s that time of year again when we start to think about holiday gifts and Black Friday shopping. So as any good privacy pro knows, the Mozilla *privacy not included guide is the place to go to learn about the “creepiness” of the latest toy or gift that you are looking to buy. This year, the guide reviews 151 products from smart toys to exercise equipment and provides lots of information related to the privacy features of each product.
JD Supra Law
NOVEMBER 18, 2021
In Apple Inc. et al. v. Hirshfeld, case number 5:20-cv-06128, in the U.S. District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court.
Likelihood of Confusion
NOVEMBER 18, 2021
Larry Zerner does it again with his uniquely unique (if too infrequent — that’s a free tip, Larry) content. This time it’s an article called, “5 Horrible Provisions You Might. The post Reality is stranger than… something appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
NOVEMBER 18, 2021
The US Court of Appeals for the Federal Circuit reiterated that a patent challenger did not have Article III appellate standing to obtain review of a final Patent Trial & Appeal Board (PTAB) ruling because the underlying district court proceedings had been dismissed with prejudice after the parties reached a settlement and license agreement. Apple Inc. v.
Biswajit Sarkar Copyright Blog
NOVEMBER 18, 2021
India implements DMCA-type legislations slower compared to other nations. They are also less extensive. India has signed neither the WCT nor the WPPA. Our country is considering the implementation of DMCA -style rules. Our country has not made any conclusive decision. Thus, India may continue to revise its copyright laws to include new provisions. These will be like those of the DMCA.
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