Thu.Feb 16, 2023

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The Definition of Plagiarism

Plagiarism Today

Plagiarism almost defies definition. Drafting a definition that is short, complete and useful is nearly impossible. That may be a good thing. The post The Definition of Plagiarism appeared first on Plagiarism Today.

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Egypt Shuts Down Massive Movie and TV Show Piracy Site

TorrentFreak

For most people living in the West, MyCima may not ring a bell. In Arabic-speaking countries, MyCima was the second-largest piracy ring in the region. The site offered downloads and streams of roughly 12,000 pirated copies of movies and 26,000 TV shows. These streams were embedded and utilized third-party hosting services such as Uptostream and Userload.

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3 Count: Piracy Increase

Plagiarism Today

European Commission refers 11 nations to the Court of Justice, Walmart loses DMCA case and global content piracy is on the rise. The post 3 Count: Piracy Increase appeared first on Plagiarism Today.

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Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too

IPilogue

Rosie Giannone is a 1L JD Candidate at Osgoode Hall Law School. Image from the Decision of the Fifth Board of Appeal of 25 October 2022 EUTM 17981629 in the name of Pest Control Office Limited The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021, rendering invalid a trademark registration for Laugh Now, better known as the monkey sign image, by anonymous U.K. street artist Banksy.

Trademark 105
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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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The AI-Assisted Invention

JD Supra Law

Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by inventors in the creation of patent-eligible technology.

Invention 102
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U.S. Department of Commerce Appoints First Counselor for Equity

U.S. Department of Commerce

U.S. Department of Commerce Appoints First Counselor for Equity February 16, 2023 ASowah@doc.gov Thu, 02/16/2023 - 17:26 The Department of Commerce recently appointed Ines Hernandez as the first-ever Counselor for Equity. In this newly created role, Hernandez will work across the Department’s 13 bureaus to institutionalize equity across all workstreams and advise senior leadership on policy design and implementation strategies that help advance the equity agenda within the Department’s programs

Designs 100

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Black History Month: A Leader in Protecting Lives, Livelihoods, and Property for All People

U.S. Department of Commerce

Black History Month: A Leader in Protecting Lives, Livelihoods, and Property for All People February 16, 2023 KCPullen@doc.gov Thu, 02/16/2023 - 16:07 By Michael Morgan, Ph.D. Assistant Secretary of Commerce for Environmental Observation and Prediction, National Oceanic and Atmospheric Administration (NOAA) Protecting lives, livelihoods, and property for all people in this country through the use of continually improving observations and predictions - that’s the essence of my job description a

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Generative AI - Copyright Overview - Part 2

JD Supra Law

As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in this space are giving rise to questions about copyright protections of works produced by generative AI systems.

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Cozen O'Connor To Open In Boulder With Lathrop GPM Hires

IP Law 360

Cozen O'Connor is launching a new office in Boulder, Colorado, with the addition of four intellectual property attorneys and nine other new hires from Lathrop GPM LLP.

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I Can't Get No Compensation: AI Image Generators and Copyright

JD Supra Law

Some say Pablo Picasso coined the adage, "good artists copy and great artists steal." Whether or not Picasso was truly the originator of the phrase, it captures a tension underlying copyright law. When is a work merely inspired by another, and when is it theft? Reasonable people and courts can and do differ. Recent monumental leaps in the use and availability of artificial intelligence ("AI") generative products, which produce new content such as art, music and text, have added a contemporary.

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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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Author Talks: The world’s longest study of adult development finds the key to happy living

McKinsey Operations

Harvard study director Robert Waldinger provides the data-backed answer to what makes people live happier and longer lives and shares the choices anyone can make to start feeling more fulfilled right now.

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Horizon Medicines LLC v. Apotex Inc.

JD Supra Law

Case Name: Horizon Medicines LLC v. Apotex Inc., Civ. No. 22-640-CJB, 2022 WL 16739909 (D. Del. Nov. 7, 2022) (Burke, M.J.) Drug Product and Patent(s)-in-Suit: Pennsaid® 2% (diclofenac sodium); U.S. Patent No. 9,066,913 (“the ’913 patent”).

Patent 97
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using an ITU to get non-Amazon platforms to take down competitors

43(B)log

Jones v. Hollywood Unlocked, Inc., No.: 2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. Cal. Nov. 22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Jones is “a social media influencer, media personality, and celebrity gossip blogger.

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Copyright Term Reduction Act, Part 2: Let’s Party Like It's 1909

JD Supra Law

As an extension of an effort spearheaded by Senator Josh Hawley (R-Missouri) last year, the Copyright Clause Restoration Act of 2023 (H.R.576) was recently introduced in the U.S. House of Representatives by U.S. Rep. Greg Steube (R-Florida).

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Using a horizontal central black stripe is an evocation of PDO “Morbier”, says the Paris Appeal Court

The IPKat

This Kat finally got her paws on the Paris Appeal Court decision in the Morbier case (RG n°21/16539). This case involved a dispute between the producers of a protected denomination of origin (PDO) for cheese-- “Morbier”, and the producers of Montboissié cheese, focusing on the use of a horizontal central black stripe in the latter product. The instant litigation followed a preliminary ruling of the Court of Justice (CJEU) over the interpretation of “evocation” in EU geographical indications (GI)

Art 80
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Report Finds 68% of Respondents Have Seen Products Counterfeited Online

IP Watchdog

A report released Wednesday by MarqVision found that 68% of direct-to-customer (DTC) brands have had their products counterfeited. The report surveyed 295 representatives from DTC brands across the world. The report also provides information about how worried DTC brands are about IP infringement and counterfeiting. The DTC market has tripled over the last five years, accounting now for $1 of every $7 spent, according to the report.

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ambiguous front label cured by clear back label for fish oil

43(B)log

Foster v. Whole Foods Market Group, Inc., No. 22-cv-01240 (ERK) (RML), 2023 WL 1766167 (E.D.N.Y. Feb. 3, 2023) Foster alleged that the front label of WFM’s branded Fish Oil softgel product was false and deceptive because it suggests to a reasonable consumer that the Product contains 1000mg of two types of Omega-3s—EPA and DHA—per capsule, when in fact it contains only 300mg of Omega-3s per capsule. front of bottle: "Omega-3s EPA & DHA/1000mg Per Serving/From Small Cold-Water Fish/Molecularly

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Why Does the USPTO Keep Extending the Deadline for Comments on Robust and Reliable Patents?

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced on Tuesday that it is once again extending the deadline for submissions on its “Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights.” The Office originally published the Federal Register Notice on October 4, 2022, with a deadline of January 3. That deadline was then extended to February 1 in November, with a note that “this will be the only extension of the comment period.

Patent 78
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How High Court Amgen Case Could Alter Patent Enablement

IP Law 360

If the U.S. Supreme Court rules in Amgen v. Sanofi that it is not necessary for a patent to enable the full scope of the claimed embodiments without undue experimentation, practice at the U.S. Patent and Trademark Office and in litigation could drastically change in the context of enablement challenges, say Hailey Bureau and Gerald Murphy at Birch Stewart.

Patent 76
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Public use == “accessible to the public.”

Patently-O

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. The Old Case : The battle between Hologic and Minerva went to the US Supreme Court in 2021; with the Court retained the doctrine of assignor-estoppel that bars a patent assignor from later challenging the patent’s validity or enforceability.

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8 Steps To Improve The Perception Of In-House Legal Counsel

IP Law 360

With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

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What Brand Owners and Platforms Need to Know for Compliance with the INFORM Consumers Act

IP Watchdog

Any brand owner with an anticounterfeiting program will tell you that one of their biggest frustrations with online enforcement is that the information online marketplaces keep on third-party sellers is not always accurate or complete. Counterfeit sellers will do anything they can to fly under the radar online, often providing false names, addresses, and other contact information in their online marketplace profiles.

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Adapting Trial Graphics To All Jurors' New Media Expectations

IP Law 360

Effective graphics are crucial to presenting a convincing argument to jurors of all ages, but trial teams must tweak traditional graphics to align with today’s new media landscape, keeping in mind generational differences, visual communication fundamentals and the evolution of sophisticated digital media, says Adam Bloomberg at IMS Consulting.

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Global Insurance Report 2023: Expanding commercial P&C’s market relevance

McKinsey Operations

The nature of risk is evolving faster than ever. Commercial carriers must step up to fulfill the societal desire for resilience in a volatile world by closing protection gaps—or risk losing relevance.

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Feds Form 'Strike Force' To Protect Tech From Foreign Theft

IP Law 360

The U.S. government is launching a new multi-agency "strike force" that aims to protect U.S. technologies such as semiconductors and artificial intelligence tools from being stolen by foreign governments, a top Justice Department official said Thursday.

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2023 IP Outlook: Developments in Trademark and Copyright Process and Procedure

JD Supra Law

Throughout 2022, the procedural rules of the US Patent and Trademark Office (PTO) and the newly formed Copyright Claims Board (CCB) underwent several developments. The PTO outlined a new administrative process for addressing fraudulent trademark submissions, shortened the response time for trademark office actions and tested procedural rules for the Trademark Modernization Act.

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Nickelback Can Beat 'Rockstar' Copyright Suit, Judge Advises

IP Law 360

A Texas federal judge has been advised to hand a victory to Nickelback in a copyright infringement suit claiming the rock band's 2005 hit "Rockstar" ripped off a Texas singer's earlier track called "Rock Star.

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Dragons’ Den, Series 20 Episode 7

Dragons' Den

Tonight’s booming episode of Dragons’ Den was as productive as it gets! Various deals were shared around the Den, offered by free-handed investors and rejected by wary, self-assured entrepreneurs. In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. Swapping divas for Dragons First in the Den was Alex Brees, CEO and founder of Un:Hurd, a data-driven music marketing company which helps independent musicians access streams

Designs 52
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Coffee Co. Pays $6.15M To End Kona False Label Suit

IP Law 360

Hawaiian coffee farmers will get $6.15 million to settle their class action accusing a coffee roasting and wholesale company of selling ordinary coffee under the name "Kona," as part of an agreement approved Thursday by a Washington federal judge.

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Interesting Patents | IBM – Multi-Directional Three-Dimensional Printing with a Dynamic Supporting Base

LexBlog IP

Interesting Patents | Thursday, February 16, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63f0855ec38921618{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-63f0855ec38921618{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63f0855ec38921618{position: relative !

Patent 52
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'MetaBirkin' NFT Verdict Is Actually Good For Digital Artists

IP Law 360

Though a Manhattan federal jury recently found that the sale of non-fungible tokens containing artistic renderings of Birkin handbags was a violation of Hermes' trademark rights, the ruling was a positive one for digital artists because the court specifically recognized their creative rights so long as there is not an intentional effort to confuse customers, say attorneys at Hamilton Brook.

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Global tax revolution will put corporate IP strategies under far greater scrutiny

IAM Magazine

New rules on transfer pricing drawn up by the OECD, which could be adopted by authorities in well over 100 countries, are set to have a major impact on how businesses manage their intangible assets

IP 52
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Effect Of Non-Use Of Trademark

IP and Legal Filings

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. Once the mark is registered under trademark act, the mark then gives the proprietor some rights to enjoy with the trademark repetitively and liabilities to maintain so that the proprietor doesn’t lose the ownership.

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You’ve been sued: What international patent litigants must know about US alternative service of process

IAM Magazine

Global defendants increasingly refuse to waive service of process to obtain more time to file IPRs, but the US District Court for the Western District of Texas is allowing alternative service

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Eminem Takes on Two ‘Real Housewives’ Over Slim Shady Trademark

LexBlog IP

IPNews® – Eminem has filed a trademark opposition against a trademark application filed by two Real Housewives. The rapper has taken issue with use of the Relatively Shady trademark claiming that it is too similar to his Slim Shady trademark. Thus far, it appears that he may have an uphill battle.