Thu.Oct 12, 2023

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UK Teacher Banned After Plagiarizing on Behalf of Students

Plagiarism Today

A UK teacher has been banned from teaching after she plagiarized on behalf of two students, without the students' knowledge. The post UK Teacher Banned After Plagiarizing on Behalf of Students appeared first on Plagiarism Today.

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Trader Joe’s Charges Crypto Company with Fraud, Trademark Infringement/Dilution

IP Watchdog

A trademark lawsuit filed by popular grocery store chain, Trader Joe’s, against a cryptocurrency platform called “Trader Joe”—which the complaint alleges is a deliberate reference to the supermarket—has come to light this week. Trader Joe’s claims that the crypto firm buried its origin story in order to win international litigation over the domain name, traderjoexyz.com.

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3 Count: Demythed Empire

Plagiarism Today

Indian court tells Humans of Bombay no copyright in ideas, Adobe unveils new AI options and Studio Wildcard settles Myth of Empires lawsuit. The post 3 Count: Demythed Empire appeared first on Plagiarism Today.

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Federal Circuit Continues to Strike Down Patents as Abstract Ideas

The IP Law Blog

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023) 2023 U.S. App. LEXIS 19857. Realtime owned several patents covering systems and methods for digital data compression. In 2017 and 2018, Realtime sued a number of entities in the District of Delaware for infringement of five of its patents.

Patent 120
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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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How Generative AI Challenges Standards Publishers

Velocity of Content

In early May, CCC hosted “ Workflow of the Future: Sustainable Business Models ,” the latest event in a series designed to help facilitate important conversations on critical topics related to standards. This event focused on standards publishers and how they are responding to the needs of their stakeholders in an increasingly digital and connected world.

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Pirate IPTV Owners Sentenced to 36 Months in Prison & $18m Damages

TorrentFreak

The theory that “nobody likes a snitch” depends heavily on individual circumstances, motivation, and who stands to benefit. Whistleblowers, on the other hand, are often portrayed in more sympathetic light. What prompted an anonymous tip to anti-piracy group Nordic Content Protection (NCP) in 2019 isn’t clear. But for NCP members including pay-TV company C More (previously Canal+), Warner Bros.

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More Trending

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How An Undercover Lawyer Helped to Topple Denmark’s Torrent Tracker Scene

TorrentFreak

Last Thursday, a Danish court sentenced a 24-year old programmer from Silkeborg to 60 days probation for his role in operating the torrent tracker ShareUniversity. The sentencing is the latest in Denmark following an unprecedented crackdown on local torrent trackers that has already resulted in more than a dozen prosecutions, with more yet to come. The National Unit for Special Crime (NSK) reports that it’s happy with the conviction.

Copyright 105
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Preserving Indian Culinary Creations; A Perspective Through Copyright

IP and Legal Filings

Introduction India has a rich culinary legacy, in recent times, the growth of Indian cuisine has seen a tremendous commercial surge both domestically and internationally which has led to an increased need for the protection of recipes to ensure their authenticity and provide ownership rights to the actual creator of the recipe. This is where protection of intellectual property comes into the picture.

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Registered Series LLCs in Delaware

Cogency Global

What this is : Delaware was an early adopter of laws allowing LLCs to establish independent series, and today 21 states have laws that also allow their creation. What this means : While the laws in each state vary from Delaware and each other, there are many similarities. Basic knowledge of how series LLCs work in Delaware provides a framework for understanding them in the other states.

Law 89
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[Audio] The “Wild West” of AI Use In Campaigns

JD Supra Law

As the tide turns towards another election cycle, the explosion of artificial intelligence (AI) raises the alarms in the campaign space. Wiley’s Election Law partner, Caleb Burns, moderates a discussion with Election Law partner Andrew Woodson, Privacy, Cyber & Data Governance partners Duane Pozza and Kat Scott, and Intellectual Property partner David Weslow, who helps us navigate through this new ‘AI Wild West.

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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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[Guest post] Online copyright protection in Greece: recent developments in dynamic website blocking

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Eleni Lappa (Ipwork.gr) on recent developments concerning online copyright protection in Greece. Here’s what Eleni writes: Online copyright protection in Greece: recent developments by Eleni Lappa Online consumption of audiovisual content has become increasingly popular globally over the past few years, even more so since the Covid-19 pandemic.

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Three Point Shot - September 2023

JD Supra Law

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue, we feature contributions from Eric Zilber, Jiyoon Kim and Danielle L. Brooks. Your feedback, thoughts and comments on the content of any issue are encouraged and welcome.

Law 73
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Foundation Must Face Sorority's TM Claims, NC Judge Rules

IP Law 360

A North Carolina federal judge has refused to throw out a lawsuit from a sorority against a company it formed to hold the title of its headquarters after the sorority said it "effectively" cut any relation to the company.

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Retaining Your Patent Priority Date In Europe: Formal Priority Given A Rebuttable Presumption In Favor Of Applicant/Patentee

JD Supra Law

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a groundbreaking decision that reflects a major change in how formal priority is assessed at the EPO during examination and in post-grant opposition proceedings, to the benefit of applicants/patentees.

Patent 70
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Mich. Judge Orders UK Bakery To Honor Distribution Deal

IP Law 360

A U.S. food distributor likely will succeed on its claims that a British bakery is undercutting its business by selling products directly to grocery stores, a Michigan federal judge has said while temporarily ordering the bakery not to sell goods covered by the companies' agreement.

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New York Enacts Law Limiting Assignment of Inventions to Employers

JD Supra Law

Most employee confidentiality and similar agreements contain an assignment of invention provision. These typically provide that all employee inventions created during the employee’s employment are assigned to or owned by the company. On September 15, 2023, New York enacted a law, which takes effect immediately, rendering part of these common provisions unenforceable.

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Never Too Late: If you missed the IPKat last week!

The IPKat

In case you were too busy drinking pumpkin spice lattes recently, here is a summary of what you might have missed from the IPKat last week. Image via iStock Copyright Eleonora Rosati announced two events focusing on the impact of the copyright case law of the Court of Justice of the European Union: (i) on post-Brexit UK (9 November, London & online) and (ii) on national copyright systems (6 November, Stockholm & online).

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Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

JD Supra Law

On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright holders. The Supreme Court’s decision will determine whether a party can recover damages for copyright infringement that went undiscovered for more than three years before a lawsuit is filed.

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Secondary Considerations Get Short Shrift in Airbed Patent Fight

Patently-O

by Dennis Crouch Team Worldwide Corp v. Intex Recreation Corp. (Fed. Cir 2023) I was disappointed to see the Federal Circuit’s no-opinion affirmance in this case — affirming the PTAB finding that Team Worldwide’s inflatable airbed invention was unpatentable as obvious. US9211018. The case peaked my interest because I have been working on a short article focusing on what the courts term “secondary considerations” of obviousness, and the patentee raised substantial e

Patent 67
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ITC Monthly Wrap-Up: September 2023

JD Supra Law

This month’s ITC Wrap-Up reviews recent developments in the Commission’s scope of authority to review (1) infringement by “alternative” products and (2) infringement of claims other than those a product was accused of infringing, as addressed in Certain Outdoor and Semi-Outdoor Electronic Displays, Products Containing Same, and Components Thereof, Inv.

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Confusion ascendant

Likelihood of Confusion

Jewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) — which begins tonight — five national calamities occurred: During the time of Moses, Jews. The post Confusion ascendant appeared first on LIKELIHOOD OF CONFUSION™.

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[Video] Webinar | Exploring Common Interest Privilege

JD Supra Law

Common interest privilege allows parties who share a common legal interest to share information with their respective legal counsel without waiving attorney-client or work product privilege. Establishing common interest privilege can facilitate collaboration and advance a shared legal strategy while protecting the interests and privacy of each party.

Privacy 68
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ITC To Probe Alleged Import Ban Violation In Dish Patent Case

IP Law 360

Fitness equipment maker NordicTrack's parent company has been accused of flouting orders to stop selling products that infringe patents held by Dish Network on content streaming systems, and the U.S. International Trade Commission has agreed to open an enforcement proceeding against the company.

Patent 52
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The Presumption of Validity Is Dead; Long Live the Presumption of Validity?

JD Supra Law

Executive Summary - The patent application examination requirement is statutory based rather than a Constitutional requirement. For instance, from 1793 to 1836, the U.S. Patent System operated on a registration system without examination. Since the passage of the Leahy– Smith America Invents Act (AIA), the number of new patent applications filed each year has exceeded 500,000, while the Patent Trial and Appeal Board (PTAB) is reversing Patent Office Examiners’ approvals at a staggeringly high.

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Politician Tries to Push “Values” by Trademarking School Logo

LexBlog IP

IPNews® – A council candidate in Pennsylvania is claiming that her company now owns the local school district logo. Thus far, nobody is quite sure of the basis of the claim. It is also unclear if she has actually filed a trademark application, or if somehow she is claiming some sort of common law ownership.

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Missed Shot: Lawsuit Against Related Company Doesn’t Toll Prescriptive Period

JD Supra Law

The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision to dismiss claims under the Louisiana Unfair Trade Practices Act (LUTPA), finding that a dispute against a related company did not toll the statute of limitations. Carbon Six Barrels, LLC v. Proof Research, Inc., Case No. 22-30772 (5th Cir. Sept. 29, 2023) (Clement, Elrod, Willett, JJ.).

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Cloaked in Secrecy: Can Secrecy Orders Shield Alien Innovations?

LexBlog IP

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day? Or might there be a more clandestine approach, a proverbial cloak of invisibility wielded by the men in black?

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One Step Ahead: Louboutin's Lawsuit Victories - Katten Kattwalk | Issue 26

JD Supra Law

In the world of fashion, few things are as iconic as Christian Louboutin's signature red-soled shoes. Since Louboutin painted the sole of a shoe with his assistant's red nail varnish in 1993, the red-bottomed sole has become synonymous with luxury, style and celebrity. With this, the brand and its legal team are red-hot in their determination to protect the renowned mark.

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Federal Circuit Continues to Strike Down Patents as Abstract Ideas

LexBlog IP

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023) 2023 U.S. App. LEXIS 19857. Realtime owned several patents covering systems and methods for digital data compression. In 2017 and 2018, Realtime sued a number of entities in the District of Delaware for infringement of five of its patents.

Patent 52
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Patent Case Summaries | Week Ending October 06, 2023

JD Supra Law

Schwendimann v. Neenah, Inc., et al., Nos. 2022-1333, -1334, -1427, -1432 (Fed. Cir. (PTAB) Oct. 6, 2023). Opinion by Clevenger, joined by Prost and Cunningham.

Patent 65
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CISA + FBI Issue Joint Advisory on AvosLocker Ransomware

LexBlog IP

The Cybersecurity & Infrastructure Security Agency (CISA) and the Federal Bureau of Investigation (FBI) released a Joint Cybersecurity Advisory on October 11, 2023, urging companies (particularly those in the critical infrastructure sector) to take steps to mitigate cyber threats for AvosLocker Ransomware. The Advisory urges companies to: Secure remote access tools Restrict Remote Desktop Protocol (RDP) and other remote desktop services Secure PowerShell and/or restrict usage Update software

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Laws of the Machines:  Unraveling AI’s Legal Enigma

Chicago IP

On Thursday, October 12, 2023 the Intellectual Property Law Association of Chicago (“IPLAC”) and the Richard Linn American Inn of Court will host a hybrid program focusing on AI basics and legal issues. The event will be held at Jones Day, 110 N. Wacker Drive, 48th Floor Chicago, Illinois. The program runs from 6-7pm with a reception afterward. There is also an online attendance option.

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Laws of the Machines:  Unraveling AI’s Legal Enigma

LexBlog IP

On Thursday, October 12, 2023 the Intellectual Property Law Association of Chicago (“IPLAC”) and the Richard Linn American Inn of Court will host a hybrid program focusing on AI basics and legal issues. The event will be held at Jones Day, 110 N. Wacker Drive, 48th Floor Chicago, Illinois. The program runs from 6-7pm with a reception afterward.

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Canadian consultation on the implications of GenAI for copyright.

Barry Sookman

The Department of Innovation, Science and Economic Development Canada (ISED) and the Department of Heritage just launched a Consultation on the implications of generative artificial intelligence for copyright. The press release announcing the consultation gave this reason for the consultation. The Government of Canada is committed to ensuring that Canada’s legislative frameworks remain responsive to modern realities.

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GSK Unit Urges Chancery To Save Nebraska Patent Suit

IP Law 360

A specialty pharma company majority-owned by GlaxoSmithKline urged Delaware's Court of Chancery Thursday to preserve its lawsuit against a San Francisco biotech startup it accuses of butting into a university research collaboration and taking control of patents that it doesn't own.

Patent 45