Thu.Nov 02, 2023

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3 Count: Choreography Appeal

Plagiarism Today

Choreography lawsuit revived on appeal, two major Georgian streaming sites go offline and Mariah Carey sued again over Christmas hit. The post 3 Count: Choreography Appeal appeared first on Plagiarism Today.

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October 2023 Roundup of Copyright News

Copyright Alliance

In October, Artificial Intelligence (AI) continues to dominate copyright law headlines as the U.S. Copyright Office received initial comments for its AI study, the White House issued an Executive Order […] The post October 2023 Roundup of Copyright News appeared first on Copyright Alliance.

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CCB Bars Claimant, Attorney from Filing Cases for One Year

Plagiarism Today

For the first time ever, the Copyright Claims Board has barred a claimant and a lawyer from filing claims for 1 year. Here's why. The post CCB Bars Claimant, Attorney from Filing Cases for One Year appeared first on Plagiarism Today.

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Taco Tuesday for All

JD Supra Law

Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. This comes on the heels of Taco John’s giving up its “Taco Tuesday” trademark in all other states this summer.

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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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AI “Training” Still an Open Copyright Question

The Illusion of More

On October 30, Judge Orrick of the Northern District of California largely granted the AI companies’ motions to dismiss the class-action complaints filed by Sarah Andersen, Karla Ortiz, and Kelly McKernan on behalf of all visual artists whose works have been used without permission for the purpose of “training” generative AI models. Several complaints were […] The post AI “Training” Still an Open Copyright Question appeared first on The Illusion of More.

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ACE & Georgian Govt. Shut Down Pirate Sites Already “Shut Down” Last Year

TorrentFreak

For Georgia’s 3.7 million citizens, the European mainland lies just over the Black Sea. For the determined, EU membership is also visible on the western horizon; those who look to the north see little except Russia. The European Union’s preparations to welcome Georgia into the bloc are both meticulous and extraordinarily complicated. Several dedicated websites detail various aspects of vision and planning , yet barely manage to scratch the surface of the challenges ahead.

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[Video] The Art of Teaching Complex Technology in Patent Litigation - IMS Insights Podcast Episode 67

JD Supra Law

In this episode, IMS Senior Client Success Advisor Adam Bloomberg is joined by Professor Ian Cullimore, expert witness and patent inventor, and IMS Trial Consulting Lead Dan Martin to explain how to simplify sophisticated intellectual property into compelling presentations that judges, juries, and tribunals can comprehend. Our guests also discuss strategies for expert reports, requirements for Markman hearings and technology tutorials, collaborating with experts and graphic designers, and recent

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Police Dismantle Pirate IPTV Operation, Bogus “€366m Losses” Claim Goes Viral

TorrentFreak

An announcement by Spain’s National Police (Policía Nacional) this morning was in many respects nothing out of the ordinary. In common with almost every country with a movie and TV show market to protect, Spain regularly conducts operations to shut down or disrupt local pirate IPTV services. The operation detailed in a press release this morning, distributed via official police website Policia.es and the Ministry of the Interior’s website at Interior.gob.es, seems significant.

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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Technology & Marketing Law Blog

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. A series of other negative reviews followed. An associate of the plaintiff alerted Nextdoor about the reviews and requested their removal. Eventually, Nextdoor did remove some reviews, although the posts remained online for roughly three weeks.

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Duties Involving IP Matters at the Beginning of the Corporate Term in Colombia

JD Supra Law

The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law. The beginning of a new corporate year, on January 1, triggers, for corporate entities and branches of foreign companies, the need to carry out several duties, both in the form of legal obligations or in the form of managing maintenance duties, to guarantee that all matters are in line with the applicable regulations, and reflect the good status of the legal status of the.

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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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US Imposes Over 200 Sanctions Targeting Russia War Supply

IP Law 360

A slew of foreign entities and individuals are facing over 200 new sanctions as part of the United States' bid to disrupt Russia's international supply chain and technology access in its war against Ukraine.

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EPO Enlarged Board of Appeal Raises Bar for Challenging Priority Claims at the EPO

JD Supra Law

Challenges to the validity of the “Patent Cooperation Treaty joint applicant” have been a problem for many applicants at the European Patent Office. On October 10, 2023, the EPO’s highest authority, the Enlarged Board of Appeal, issued its decision in the consolidated cases of G 1/22 and G 2/22, confirming the EPO’s competence to assess a party’s entitlement to priority.

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Nose of Wax: The Ongoing Ambiguity in Claim Construction Standards

Patently-O

by Dennis Crouch One of the ambiguities with contemporary claim construction is how courts deal with loosely implied limitations from the specification. These do not rise to the level of ‘disclaimer’ but we’re never entirely sure whether the specification-forward approach of Phillips v. AWH will have traction. The courts tend to strongly oppose importing limitations into the claims absent a disclaimer, but claim-language hook can often lead to interpretative narrowing.

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What’s Next for Apple? The ITC Bans Importation of the Apple Watch into the U.S.

JD Supra Law

After a recent ruling from the United States International Trade Commission (ITC), Apple will be barred from importing certain “Apple Watch” products into the United States starting on December 26, 2023. Masimo, a California-based medical technology company, filed its ITC Complaint against Apple in August 2021.

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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

By my count, the Board has affirmed about 47 of the first 51 Section 2(e)(1) refusals that it reviewed this year. Here are three more. How do you think they came out? [Results in first comment]. In re Mens LLC , Serial Nos. 90122228 and 90122279 (October 30, 2023) [not precedential] (Opinion by Judge Mark A. Thurmon). [Mere descriptiveness refusals of MENS for "dietary and nutritional supplements; vitamins; medicated skin care preparations," and for "online retail store services featuring skin c

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PMPRB news: Upcoming roundtable as first phase of new guidelines consultation, two new appointments

JD Supra Law

On October 25, 2023, the Patented Medicine Prices Review Board (PMPRB) announced that it will launch the first phase of consultations on new guidelines. The first phase will include a policy roundtable with stakeholders on December 5 (English) and December 6 (French), at which stakeholders will be invited to share their views on certain themes, including.

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7-Eleven Says Trademark Law Firm Stole Name, Color Scheme

IP Law 360

Convenience store giant 7-Eleven this week sued a Chicago-based law practice called Seven Eleven Law Group for trademark infringement, alleging that the firm, which specializes in trademark matters itself, is ripping off its name and its green and white color scheme, as well as unfairly profiting off its brand.

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Notable Points for the Use of Intellectual Property Rights and Contractual Agreements in Co-branding

JD Supra Law

In today's extremely rich material environment, many consumers choose goods not only based on simple cost performance to decide, but are willing to pay for creativity and brand value recognition. Consumer choice trends determine the direction of a brand’s efforts. In order to better attract more consumers, the era of the Internet of Everything has begun.

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Sonos v. Google: A Decision Based on Ignorance of Patent Law That Must Be Overturned

IP Watchdog

An interesting tale of intrigue and woe is being written in the decade-long relationship between Google and Sonos. The most recent chapter ended with the district court finding the Sonos patents at issue in their patent litigation against Google were unenforceable due to laches because Sonos had the audacity to file a continuation and seek claims supported by—and actually incorporated from—an earlier filing.

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[Audio] NIL Senate Hearing — Highway to NIL Podcast

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

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Global Business Expansion: Doing Business in Ireland

Cogency Global

What this is : If you are thinking of doing business in Ireland , what criteria should you analyze when selecting your next jurisdiction? This article discusses a couple of important updates applicable to Irish companies. What this means : You should remain updated on these changes if you're thinking of doing business in Ireland. It is very evident from the recent changes that it is no longer possible to run a business in Ireland as an anonymous or unidentified person.

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MarkIt to Market® - October 2023: A Great Trademark Portfolio Never Goes Out of “Style” – “Mastermind” Brand Protection Strategies from Taylor Swift

JD Supra Law

October seems to be the inescapable Taylor Swift’s unofficial month of choice – 17 years after she released her self-titled first album in October 2006, the October 2023 news cycle is buzzing about her “Taylor Swift: The Eras Tour” theatrical debut, re-recorded “1989 (Taylor’s Version)” album, and recent boost she’s given to the NFL’s “Reputation.” But one aspect of Taylor’s unstoppable brand that is less often mentioned is her extensive trademark portfolio, By: Sterne, Kessler, Goldstein &

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Federal Circuit Rules That Mark Cannot Be Cancelled Due To Fraudulent Incontestability Declarations

IP Tech Blog

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. In Great Concepts LLC v. Chutter, Inc. , the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA’S.

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AI Woes: Learning Without Permission

JD Supra Law

Companies that are in the business of providing generative artificial intelligence (“AI”) services, such as Meta Platforms Inc. (“Meta”) and OpenAI Inc. (“OpenAI”), are facing lawsuits brought by prominent authors in a slew of cases claiming infringement of their copyrights.

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The DMCA and the search engine

Likelihood of Confusion

Traverse Legal: Mary Roach has a great post at CircleID on an area that we have talked about extensively, namely, copyright takedowns under the Digital Millennium Copyright Act. Mary’s post covers the. The post The DMCA and the search engine appeared first on LIKELIHOOD OF CONFUSION™.

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5 Legal Considerations for Your Software Escrow Agreement

JD Supra Law

As third-party technology and outsourced IT play an increasingly critical role in business operations, it's essential to protect critical software applications from potential disruptions. A Software Escrow Agreement is a three-party agreement between a software supplier, software customer, and an independent escrow provider, that provides this protection.

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Need a Foreign Filing License?

LexBlog IP

The world of patent acquisition and enforcement is highly regional. Getting a patent in one country does not automatically grant protection in other countries. As a result, a patentee must file for several patents in each country in which he or she wants protection. But a patentee filing for patent protection regarding an invention made in the United States needs to take caution.

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Wisconsin Legislature Proposes Joining Other States in Ban of Non-Compete Agreements

JD Supra Law

On October 12, 2023, the Wisconsin legislature introduced Assembly Bill 481, which proposes the ban of employee non-compete agreements in the Badger State. Currently, employee non-compete agreements in Wisconsin are allowed if limited to a specified territory, a specified time, and only if the “restrictions imposed are reasonably necessary for the protection of the employer or principal.

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Federal Circuit Rules That Mark Cannot Be Cancelled Due To Fraudulent Incontestability Declarations

LexBlog IP

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going forward. In Great Concepts LLC v. Chutter, Inc. , the Court, with a 2-1 majority, found that the Board wrongly cancelled the registration of a trademark holder due to the filing of a fraudulent declaration by its former attorney to obtain incontestable status of the trademark “DANTANNA&

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Suite! Claim Splitting Privity Focuses on Party Relationship, Not Claim Relationship

JD Supra Law

The US Court of Appeals for the Fifth Circuit revived a hotel group’s federal trade secret suit against two former employees, finding that the district court did not have enough information to conclude that the hotel group improperly split claims between federal and state actions. Armadillo Hotel Group, LLC v. Harris, Case No. 22-50945 (5th Cir. Oct. 20, 2023) (Smith, Southwick, Higginson, JJ.).

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Latham brings in rem action in EDVA against 38 “LW”-variant domain names used to scam clients

LexBlog IP

Text of in rem complaint Latham & Watkins vs LW-IUF.COM et. al., 1:23-cv-01486-CMH-LRV (EDVA October 31, 2023). From the complaint: An unknown scammer has maliciously used the Abusive Domain Names in violation of Latham’s trademark rights to unlawfully, and in bad faith, derive a profit by defrauding members of the public. In the emails that Latham is aware of, the scammer has used the Abusive Domain Names to email members of the public and Latham’s clients purporting to be a Lat

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Appian Reimagines The High-Low to Preserve $500M-$2B in Trade Secret Damages

JD Supra Law

As the calendar turns to November, a “high-low” (at least here in the basketball capital of the world) usually refers to a basketball play where one player at the high post passes the ball to a second player at the low post to create a scoring opportunity. It can be highly effective for breaking down a defense. In litigation, however, a “high-low” usually refers to a negotiated agreement that sets low and high limits on any awarded damages.

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Schneider Electric Sues IT Co. Over Power Supply TM Dispute

IP Law 360

Schneider Electric has sued an IT distributor for allegedly trading products with the power supply provider's registered trademark in the U.K., claiming thousands of goods were put on the market without its consent.

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USPTO Seeks Comments From Tribes on Genetic Resources, Traditional Knowledge, and Cultural Expressions

JD Supra Law

On October 24, 2023, the US Patent and Trademark Office (“USPTO”), which is a component of the Department of Commerce, published two notices in the Federal Register seeking input from Tribal Nations regarding intellectual property (“IP”) protection of “genetic resources, traditional knowledge and/or traditional cultural expressions.”.

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Upcoming Webinar! What Employers Need to Know Regarding Non-Compete Changes in 2023

LexBlog IP

Wednesday, November 29, 2023 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific REGISTER HERE About the Program You’re invited to our highly anticipated webinar, where Seyfarth Shaw LLP’s leading attorneys in non-compete law will skillfully guide you through the intricacies of non-compete agreements in the United States, focusing on the latest updates in 2023.

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