Tue.Apr 09, 2024

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How Mystery Science Theater 3000 Helped Expose a Plagiarism

Plagiarism Today

In 1997, MST3K featured a little-known film entitled Clonus. Eight years later, a major studio released an eerily similar film. The post How Mystery Science Theater 3000 Helped Expose a Plagiarism appeared first on Plagiarism Today.

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25 Ways to Use Your Trademark

Erik K Pelton

Erik shares 25+ ways to use your trademark in this episode as we celebrate our 25th year with the 25 series. The post 25 Ways to Use Your Trademark appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25+ ways to use your trademark in this episode as we celebrate our 25th year with the 25 series.

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3 Count: Victorious Maverick

Plagiarism Today

Paramount gets big win in Top Gun case, Friday the 13th game mod cancelled and Cox plans to appeal to the Supreme Court. The post 3 Count: Victorious Maverick appeared first on Plagiarism Today.

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A Cautionary Copyright Tale

Hugh Stephens Blog

My daughter’s (copyrighted) art, circa 1990, age 5 (Used with permission) It is rare that a copyright story makes the national news, in Canada or elsewhere, but this one had all the needed ingredients. A teacher exploiting students, irate parents, and a possibly negligent school board. What’s not to like?

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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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Heirs to Author of Article That Inspired Top Gun Crash and Burn in California District Court

IP Watchdog

The U.S. District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film. Yonay authored a magazine article titled “Top Guns,” published in California Magazine on April 21, 1983, that was an account of the experiences of F-14 pilots in training at Navy’

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Vanda Swings for the Fences and Asks the Supreme Court to Heighten the Standard for Obviousness

JD Supra Law

Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with “a reasonable expectation of success.” The Federal Circuit alone has employed the “reasonable expectation” formulation in hundreds of opinions spanning the past four decades. In a recent petition to the Supreme Court, Vanda Pharmaceuticals, which is becoming one of the most aggressive litigators in the pharmaceutical industry, is now arguing that this standard is contrary.

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More Trending

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Authors of Article That Inspired Top Gun Crash and Burn in California District Court

IP Watchdog

The U.S. District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son, respectively, of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film. Yonay authored a magazine article titled “Top Guns,” published in California Magazine on April 21, 1983, that was an account of the experiences of F-14 pilots in tr

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Why IP Attys Are Watching This $2B Trade Secrets Battle

IP Law 360

A case of alleged corporate espionage involving two software companies that resulted in a $2 billion verdict has all the hallmarks of a legal thriller, and attorneys are watching the appeal closely to see how it could impact trade secrets litigation.

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It’s Official: 2024-2025 National HS Debate Topic – “Should the U.S. Government Strengthen IP RIghts?”

IP Close Up

Thanks in part to data-hungry artificial intelligence and growing anger over foreign and domestic intellectual property abuses, fixing the IP system is more topical than Continue reading

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Playing Hockey Makes Me A Better Lawyer

IP Law 360

Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

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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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’10K Pirate Sites Blocked in 60 Days’: Piracy Shield Triggers Kool-Aid Crisis

TorrentFreak

Since its official launch at the start of February 1, 2024, much has been said and written about Italy’s ‘Piracy Shield’ IPTV blocking system. Yet, by volume, telecoms regulator AGCOM and key beneficiary Serie A, Italy’s top-tier football league, haven’t said very much at all. In separate articles published in Italian media last weekend, a reason for the lack of participation is made clear; few articles published online offer credible information and most don’

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Venable Snags Trio Of Product Liability Partners From Steptoe

IP Law 360

Three Steptoe LLP product liability and mass torts partners have departed the firm and joined Venable LLP in Chicago and Los Angeles, according to an announcement Tuesday.

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The Future of Money With Zebec Network

JD Supra Law

Nikhil Pradhan (Senior Counsel, Boston) recently joined Zebec Networks’ Future of Money podcast to explore the intersection of artificial intelligence and the blockchain ecosystem with Parth Shah. The below episode transcript has been edited for clarity.

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Ferragamo did not infringe Audrey Hepburn’s image/personality rights by stating that its shoes were originally designed for her

The IPKat

Is it an infringement of a person’s own personality/image rights to say that a shoe was designed for that person (and that fact is true)? This, in a nutshell, is the issue that the Italian Supreme Court resolved in a decision published yesterday ( ordinanza 9289/2024 ) further to a dispute between, on the one side, the estate of Audrey Hepburn and, on the other side, Florentine fashion house Salvatore Ferragamo.

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UK Court of Appeal Diverges From EU Trademark Law

JD Supra Law

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union.

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Pass the TikTok Legislation. And then…

The Illusion of More

“At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or […] The post Pass the TikTok Legislation. And then… appeared first on The Illusion of More.

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Trial Court Ruling Threatens Patent Portfolio Development

JD Supra Law

A recent decision by a San Francisco federal district court judge imperils the way many significant patent portfolios are developed. In Sonos v. Google, Judge William Alsup held that two patents asserted by Sonos against Google are unenforceable because “the patents issued after an unreasonable, inexcusable, and prejudicial delay of over thirteen years by the patent holder” (emphasis in original).

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The BMW Finger Line Layout

Christopher Roser

As part of my grand tour of German automotive, I visited the BMW plant in Leipzig. As of now, this is my second most favorite German automotive plant, after BMW in Munich. I will talk more about this quite well-organized and indeed beautiful plant in a later post series, but in this post I’m going. Read more The post The BMW Finger Line Layout first appeared on AllAboutLean.com.

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[Audio] The Force is Strong with this One – Success and Paying it Forward with Co-Founder of ChannelAdvisor and Spiffy Scot Wingo

JD Supra Law

Ever wondered how successful entrepreneurs navigate through challenges and achieve groundbreaking success? In our latest podcast episode, we dig into the remarkable journey of Scot Wingo. From founding companies like Stingray and ChannelAdvisor to revolutionizing traditional business models with Spiffy, Scot embodies the spirit of innovation. But what sets him apart?

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What’s Next After Brazil’s Enactment of the Nagoya Protocol

IP Watchdog

In a significant milestone for the preservation of biodiversity, Decree 11,865/2023, published in the Official Gazette on 12/28/2023, enacted the Nagoya Protocol in Brazil. The protocol, providing for access to genetic resources and the fair sharing of benefits arising from their use, is part of the renowned Convention on Biological Diversity (CBD).

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CryptoLink - March 2024 Updates

JD Supra Law

In the House, lawmakers continue to make progress on the Clarity for Stablecoins Act (H.R. 4766). On March 19, at a press event hosted by Punchbowl News on the policy landscape for digital payments, outgoing House Financial Services Chair Patrick McHenry (R-NC) said that he and Committee Ranking Member Maxine Waters (D-CA) would be able to secure passage of his stablecoins bill if they had a legislative vehicle.

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TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out?

The TTABlog

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. Here are the three such appeals recently decided by the TTAB. How do you think these three came out? No hints this time. [Answers in first comment.] In re Pace 49, Inc. , Serial No. 90873297 (April 4, 2024) [not precedential] (Opinion by Judge Mark Lebow).

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Make your Company a Hard Target for Job Scams

JD Supra Law

Your company’s talent is its lifeblood. Job postings for qualified individuals and other recruitment activities are vital to its operations. What happens, then, when scammers disrupt your business by conducting phishing schemes to trick individuals into applying for nonexistent jobs you did not post with the objective of stealing their personally identifiable information?

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Calif. Addiction Clinic Can't Shake Off Copyright Suit

IP Law 360

An intellectual property and false advertising feud between two rival addiction outpatient clinics in Sacramento will go on, a federal judge in California has ruled.

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How to Obtain a Court Ordered Subpoena for ISP Subscriber Identity

JD Supra Law

Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act is implicated, potentially requiring a court order to seek this identifying information. Generally, trying to obtain the name and address of an internet subscriber from their ISP can be seen as an invasion of a defendant's privacy interests.

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Fair Use: Yes or No?

Dear Rich IP Blog

Trick photograph of man with two heads (1901) Dear Rich: I have a new, unique book soon to be published about judging the quality of art. Every image in the book, from ancient to contemporary art, is aesthetically critiqued, often with diagrams. There are no variables. It is consistent throughout. From everything I've researched, all the images in the book should come under fair use.

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The ELVIS Act: Tennessee Shakes Up Its Right of Publicity Law and Takes On Generative AI

JD Supra Law

A new Tennessee law seeks to impose liability on generative AI companies and internet platforms related to unauthorized use of a person’s voice or likeness. On March 21, 2024, Tennessee enacted the Ensuring Likeness, Voice, and Image Security (ELVIS) Act of 2024, expanding the state’s statutory right of publicity (ROP) in a manner that may pose new risk of liability for artificial intelligence services, internet platforms, and other technology companies that use artists’ voices and likenesses.

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Endo Sues FDA Over Generic Adrenalin Approvals

IP Law 360

Endo has filed a lawsuit against federal health regulatory authorities, alleging that they are wrongfully giving the go-ahead for a generic version of the Adrenalin epinephrine injection, asking for a stay of the decision.

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Is Your AI Testing Tool a Breach of Contract Claim Waiting to Happen?

JD Supra Law

Reliability, security, and legal compliance. These are assurances that customers purchasing technology products expect from their providers, and which are often required as part of the contracts for such products. AI Providers, however, are lagging in their willingness to contractually commit to such assurances, let alone deliver in practice. Thus, as AI products grow in both popularity and technical complexity, robust testing tools become indispensable.

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Court OKs Decision Clearing Contractor Of Missed IP Deadline

IP Law 360

A patent docketing contractor used by major remote law firm FisherBroyles can't be held liable for a "clerical mistake" that led to a missed patent application deadline and then a neurosurgeon's lawsuit potentially seeking nearly $102 million, with a Georgia appeals court affirming a lower court decision that the surgeon never should have relied on those dates in the first place.

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2023 Federal Circuit Case Summaries - Intellectual Property: Year End Report

JD Supra Law

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we introduced in Spring 2023, which was very well received. In this report, we have attempted to classify and summarize every precedential opinion or order regarding patent cases issued by the Federal Circuit last year.

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Jenner & Block Recruits Ex-Sheppard Mullin IP Litigator In SF

IP Law 360

Jenner & Block LLP is boosting its intellectual property practice with the addition of a veteran trial lawyer as of counsel in its San Francisco office who was most recently with Sheppard Mullin Richter & Hampton LLP.

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AI News Roundup – Artist Rights Alliance letter, DALL-E model allows interactive editing, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. The Artist Rights Alliance has published an open letter asking that technology platforms “pledge that they will not develop or deploy AI music-generation technology, content, or tools that undermine or replace the human artistry of songwriters and artists or deny (artists) fair compensation for our work.

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Why Incorporating By Reference Is Rarely Good Practice

IP Law 360

The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

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Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act

JD Supra Law

Elvis may have left the building, but his impact on the right of publicity continues to be an integral part of Tennessee law. And the King's legacy now includes efforts to control the proliferation of artificial intelligence in the music industry.

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