Mon.Sep 13, 2021

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Why Plagiarism Thrives on Facebook

Plagiarism Today

Back in August, Facebook released its “ Widely Viewed Content Report ” that attempted to showcase the type of content that was popular on the service. It included a list of the 20 most viewed posts during the second quarter of 2021, each of which received between 43.6 million and 85 million views. The goal of the report was to both highlight the most popular content on Facebook and to deflect some of the attention Facebook has been getting regarding misinformation that spreads wildly

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How to improve the odds of success for a trademark application

Erik K Pelton

The following is a transcript of my video Improving the Odds for Your Trademark Application. I get asked a very challenging question all the time “What are the chances do you think this will get through, this will get approved, when we apply for a trademark at the Patent and Trademark Office?” I can not make any promises, I can not make any predictions, because there is so much gray area in the field of trademarks, and sometimes there are unknowns that we may not know when we’r

Trademark 147
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3 Count: 12th Man, 5th Circuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Texas A&M Escapes Copyright Claims at 5th Circ. Over 12th Man Story. First off today, Blake Brittain at Reuters reports that the 5th Circuit Court of Appeals has ruled against an author in his battle against Texas A&M University, ruling that he cannot sue the school for copyright infringement but may be able to sue the school under the state’s constitution.

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Netflix Movie Screeners Leak on Pirate Sites Before Official Premiere

TorrentFreak

Pirated copies of movies leak all year round, usually after they come out on streaming services or through digital release. That by itself is nothing special. Screener releases are a notable exception to this rule. These are advance copies of recent movies that are generally sent out to critics and awards voters. The screeners are supposed to remain private but every year a few end up in the hands of pirates.

Copying 144
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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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A Million Inventions Lost: Abandoned Provisional Applications

Patently-O

by Dennis Crouch. US provisional patent applications continue to be popular, with about 170,000 filed each year since 2013. After filing a provisional, the applicant then has one-year to move the case to a non-provisional or PCT application, and eventually toward patent issuance. If the applicant does not follow-up with these next steps, the provisional application is abandoned, and the file kept secret.

Invention 124
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Russia Tries To Block VPN Providers, Troubles Hit BitTorrent & Multiple Online Services

TorrentFreak

For the past several years as part of the country’s website blocking efforts, Russian authorities have warned that VPN providers could be next on the list. The problem according to Russia is that these services can provide access to material it prefers citizens not to see, everything from pirated content right through to terrorist propaganda. In the view of the authorities, VPN providers should cooperate with the government but many are unhappy to do so, especially if that involves any typ

Reporting 136

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The Law Bytes Podcast, Episode 100: David Vaver With a Masterclass on Copyright and User Rights

Michael Geist

The role of the public and the public interest has factored prominently into many of the Law Bytes podcast conversations. For the 100th episode, Osgoode Hall Law School Professor David Vaver , widely viewed as Canada’s leading IP expert, joins the podcast. The recipient of the Order of Canada, Professor Vaver provided the scholarly grounding for the emergence of user rights in copyright in Canada and around the world.

Copyright 116
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Federal Court Rules That Artificial Intelligence Cannot Be An Inventor Under The Patent Act

JD Supra Law

Although this blog typically focuses on decisions rendered in intellectual property and/or antitrust cases currently in or that originated in the United States District Court for the District of Delaware or are in the Federal Circuit, every now and then there is a decision rendered in another federal trial or appellate court that is significant enough it warrants going beyond the normal boundaries.

Inventor 111
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SpicyIP Weekly Review (September 6 – 12)

SpicyIP

SpicyIP Weekly Review Image. Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas? Continuing our series of posts on the Parliamentary Standing Committee Report, I wrote about the recommendations on IPR and traditional knowledge. I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK,

Reporting 104
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Belcher Pharmaceuticals, LLC v. Hospira, Inc. (Fed. Cir. 2021)

JD Supra Law

Imposition of liability under the equitable doctrine of inequitable conduct (as it has been variously defined) can result in a patent being held unenforceable; for this reason, former Chief Judge Rader called it the "atomic bomb of patent law" (see Aventis Pharma S.A. v. Amphastar Pharms., Inc., 525 F.3d 1334, 1349 (Fed. Cir. 2008) (Rader, J., dissenting)).

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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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Photographer Alleges Copyright Infringement by Utah Boarding School

BYU Copyright Blog

An aerial photographer based in New York City recently accused Wasatch Academy, a boarding school serving grades 7-12 based in Mount Pleasant, Utah, of copyright infringement.The complaint, filed on September 8, 2021, in the Federal District of Utah, alleges that Wasatch Academy posted one of the photographer's registered works, "Aerial Photo of Manhattan at Dawn," on the "Admissions on the Road" section of its website without permission or a license.

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The Complexities of Patent Sharing During a Pandemic

IP.com

The WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS, helps patent holders protect and enforce their IP rights worldwide. With COVID-19 continuing to threaten the globe, some. The post The Complexities of Patent Sharing During a Pandemic appeared first on IP.com - IP Innovation and Analytics.

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Shannon Greevy of A Bigger Room: Finding a Path and Sticking With it

Legal Zoom

Social media agency owner Shannon Greevy talks about finding the courage and confidence to leave the corporate world and start her own business.

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PTAB Wipes Out Pair Of T-Shirt Printing Patents

IP Law 360

The Patent Trial and Appeal Board has invalidated claims in two patents on transferring images to clothes that helped an inventor win a $4.5 million jury verdict back in 2017, with the board finding the challenged claims are obvious and anticipated.

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America’s trademark litigation gravy train – the Bratz / Barbie case is back!

Likelihood of Confusion

I can’t claim to be keeping close tabs on what’s going on in theBarbie / Bratz trademark litigation. But lookie here: A federal appeals court has ruled that Mattel Inc. doesn’t. The post America’s trademark litigation gravy train – the Bratz / Barbie case is back! appeared first on LIKELIHOOD OF CONFUSION™.

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Law360's Glass Ceiling Report: What You Need To Know

IP Law 360

Law firms are facing renewed calls to step up their efforts on equity and inclusion. But when it comes to closing the gender gap, law firms still have a long way to go, our annual survey shows.

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Legal Malpractice Claims Require Damages

JD Supra Law

An Illinois Appellate Court held that a legal malpractice claim cannot be proven without a showing of damages. RealWheels Corp. v. John Crossan, 2021 IL App (1st) 120809-U. RealWheels Corporation (“RealWheels”) sued attorney John Crossan for legal malpractice claiming that Crossan was responsible for its failure to patent a “twist and lock” wheel cover.

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Embracing ESG: Leidos GC Talks Social Responsibility

IP Law 360

Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

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Qualcomm’s Mark Snyder Headlines IPWatchdog LIVE Day 2: ‘The U.S. Needs a New Innovation Policy’

IP Watchdog

Mark Snyder, who has served as Senior Vice President and Deputy General Counsel for Litigation at Qualcomm since 2016, during his Luncheon Keynote on Day 2 of IPWatchdog LIVE 2021 suggested that the United States needs a new innovation policy. The current innovation policy consists of the following 18 words on the U.S. State Department website: “The State Department is committed to removing barriers overseas, protecting intellectual property, and maintaining U.S. technological edge.

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Fed. Circ.'s PTAB Ruling Casts Spotlight On Arbitration Pacts

IP Law 360

The Federal Circuit has repeatedly said Patent Trial and Appeal Board institution decisions can't be appealed, but last week it confirmed that rule applies even when the company challenging the patent is bound by an arbitration agreement. Now, attorneys are looking for answers about enforcing those agreements at the board.

Patent 75
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Qualcomm’s Mark Snyder Headlines IPWatchdog LIVE Day 2: ‘The U.S. Needs a New Innovation Policy’

IP Watchdog

Mark Snyder, who has served as Senior Vice President and Deputy General Counsel for Litigation at Qualcomm since 2016, during his Luncheon Keynote on Day 2 of IPWatchdog LIVE 2021 suggested that the United States needs a new innovation policy. The current innovation policy consists of the following 18 words on the U.S. State Department website: “The State Department is committed to removing barriers overseas, protecting intellectual property, and maintaining U.S. technological edge.

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Koss' Headphone Patents Face Alice Challenge In Calif.

IP Law 360

The electronics company Plantronics Inc. wants a California federal judge to rule that patents owned by headphone maker Koss Corp. are invalid under the U.S. Supreme Court's Alice ruling after getting the case transferred out of the Western District of Texas.

Patent 72
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EU General Court dismisses Sony’s ‘Gran Turismo’ appeal

The IPKat

As a computer and video game enthusiast, I could not help but notice that the EU General Court in a recent decision (T-463/20) dismissed Sony’s appeal against an earlier decision of the EUIPO Fourth Board of Appeal, which had upheld the decision of the Opposition Division rejecting Sony’s opposition against an application to register “GT RACING” as an EU trade mark (EUTM).

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Recur Raises $50M To Bring NFTs To College Sports

IP Law 360

Nonfungible token platform Recur said Monday it raised $50 million in its first major funding round as it works to build a platform for NFTs linked to college sports.

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two Zillow false advertising cases, divergent outcomes

43(B)log

REX - Real Estate Exchange Inc. v. Zillow Inc., No. C21-312 TSZ, 2021 WL 3930694 (W.D. Wash. Sept. 2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. NAR “is the nation’s largest trade association for real estate professionals.

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Playwright Wins 1st Circ. IP Appeal Over Novel Adaptations

IP Law 360

The First Circuit on Monday reversed a decision that cut a Puerto Rican playwright out of the equation when considering who owns copyrights to theatrical adaptations that were published without permission, finding Monday that a judge's pretrial error "regrettably fundamentally altered" the case's course and that the playwright is entitled to a six-figure verdict.

IP 65
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infant/child painkiller case dismissed as preempted

43(B)log

Youngblood v. CVS Pharmacy, 2021 WL 3700256, No. 2:20-cv-06251-MCS-MRW (C.D. Cal. Aug. 17, 2021) Another infant/children acetaminophen consumer protection case. This one dismisses the claims as completely preempted by the FTCA. Plaintiffs argued that their claims are consistent with the FDCA and FDA regulations because of the federal prohibitions on false or misleading labeling.

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Pinterest 'Co-Creator' Says She Got Nothing From $14B IPO

IP Law 360

A woman who claimed to help create and build up Pinterest alleged in California state court that she was cut out of the spoils of an initial public offering she says generated more than $14 billion in equity.

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Reading list: The Confusion Test in European Trade Mark Law

43(B)log

Ilanah Fhima & Dev S. Gangjee, The Confusion Test in European Trade Mark Law (2019) A very helpful overview. From a US perspective, offers real insights into how a system of registration primacy differs from a system of use primacy. A couple of points that I specifically noted: the authors conclude, based on “a substantial number of cases,” that courts that consider similarity of marks first are more likely to find confusion.

Law 64
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Conference Report: UIC Law Thinking Internationally about IP and ADR - What Every Lawyer & Corporate Counsel Should Know

The IPKat

Back on August 19, 2021, the University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law , the IP Office of Singapore (IPOS), and the World IP Organization’s (WIPO) Arbitration and Mediation Center co-organized a seminar on the intersection of intellectual property and alternative dispute resolution (“ADR”) from a global perspective.

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Precedential No. 23: TTAB Refuses to Allow Withdrawal of Express Abandonment of Opposed Application

The TTABlog

In a straightforward application of Trademark Rule 2.68, the Board denied Applicant Grüne Erde's motion for relief from judgment after Grüne Erde had filed an express abandonment of its opposed multi-class application for the mark shown below. The Board had deemed the application abandoned in its entirety without prejudice (since the opposers had consented to the withdrawal) and it dismissed the opposition without prejudice.

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Fish & Richardson Receives Mansfield Rule 4.0 Certification Plus From Diversity Lab

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson has received the highest designation of Mansfield Rule, 4.0 Certified Plus, from Diversity Lab for successfully reaching at least 30% diverse lawyer representation in a notable number of current leadership roles. The firm has achieved certified status every year since participating in the Mansfield Rule’s inaugural pilot in 2017.

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Data libraries are not eligible for protection as computer programs

Garrigues Blog

A judgment handed down by the Barcelona Provincial Appellate Court on April 7, 2021 sheds more light on the scope of protection of computer programs by clarifying that data libraries included in programs are not eligible for protection as part of the programs but rather, where applicable, must seek the protection afforded to databases by the Intellectual Property Law.

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Name, Image and Likeness Scouting Report, Week 1: Throw Out the Old Playbook

JD Supra Law

The 2021 college football season is upon us and, for the first time, college athletes in all sports can exercise their publicity rights — commonly referred to as “name, image and likeness” (NIL) — without sacrificing their NCAA eligibility. Athletes now have more to be concerned with than academic and athletic performance. For the first time ever, they can evaluate their prospects to make money on everything from product endorsements to personal appearances to selling autographs.

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Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

Guest Post by Prof. Jorge Contreras of the University of Utah S.J. Quinney School of Law. Disclosure statement: in 2019, the author served as an expert for HTC in an unrelated, non-U.S. case. In August 31, 2021, the Court of Appeals for the Fifth Circuit ruled in HTC Corp. v. Telefonaktiebolaget LM Ericsson , 2021 U.S. App. LEXIS 26250, __ F.4 th __ (Fed.