Wed.Jun 21, 2023

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3 Count: Meow Wolf

Plagiarism Today

Judge partially dismisses claims against Meow Wolf, Charly Boy threatens former label and pirate movie supplier quits due to piracy. The post 3 Count: Meow Wolf appeared first on Plagiarism Today.

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Filmmakers Take Reddit to Court Again to Unmask ‘Piracy’ Commenters

TorrentFreak

Under U.S. copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Many ISPs have been reluctant to take such drastic measures, which triggered a wave of copyright infringement lawsuits in recent years. The driving force behind a series of these lawsuits is a group of independent film companies, including the makers of the movies The Hitman’s Wife’s Bodyguard, London Has Fallen, Rambo V, and Hellboy.

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Trending Sources

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Follow Plagiarism Today on Mastodon

Plagiarism Today

Plagiarism Today is now on Mastodon! Come join me (and others) as we discuss copyright, academic integrity and much more. The post Follow Plagiarism Today on Mastodon appeared first on Plagiarism Today.

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Judge Newman’s Standoff with the Federal Circuit: Refusal to Comply as Misconduct

Patently-O

by Dennis Crouch The Federal Circuit’s special investigation committee recently released an order in focusing on next steps in its ongoing investigation into the conduct and capacity of Judge Newman. Although the investigation generally centers on disability and misconduct in her role as judge — the most recent order narrows the focus to the question of whether Judge Newman’s refusal to submit to medical testing constitutes misconduct that could potentially lead to her removal

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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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Defining Data: Improving Terminology Around Generative AI Models

IP Watchdog

The generative artificial intelligence (AI) revolution the world is currently experiencing is powered by data. But what exactly are “data” and how can we make the term fit for use in the complex landscape of generative AI? In simple terms, data in this context can be any digitally formatted information. However, there is an inconsistency in the usage and understanding of the term when it comes to what is encompassed in a dataset used for training a generative AI model.

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“I Thought You Were Infringing My Mark” Can Apprehension Of Infringement Be A Cause Of Action?

IP and Legal Filings

Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks in India. Trademarks are crucial for developing a company’s identity and act as a distinctive identifier of the products or services they provide. The owner’s brand reputation and goodwill may be irreparably damaged by any unlawful use of a trademark.

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Certiorari Petition: Wakefield v. Blackboard – Challenging Judge Newman’s Competency

Patently-O

by Dennis Crouch This week, the Supreme Court is considering the re-filed certiorari petition of Franz Wakefield, dba CoolTVNetwork.com v. Blackboard, Inc. , No. 22-819. The petition’s basis stems from the debate over Judge Newman’s competency. The appellate case was decided by a panel that included Judge Newman, and the petitioner relies heavily upon the public documents circulated in the ongoing disability hearing.

IP 73
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ESG statements are commercial speech excluded from California's anti-SLAPP law

43(B)log

Hicks v. Grimmway Enters., Inc., 2023 WL 3829689, No. 22-CV-2038 JLS (DDL) (S.D. Cal. Jun. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.” She alleged that its statements about “regenerative farming”; its ESG commitments; and “preserving natural resources” were “false, deceptive, and misleading.

Law 72
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Generative AI – Competitive Tool or a Tool of Your Own Demise?

JD Supra Law

Most people recognize that generative AI, the use of artificial intelligence to generate content, represents an incredible tool. It allows companies and individuals the ability to automate certain processes, use a powerful computing tool to perform tasks, generate text, computer code, etc.

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Non-infringement declaration for alleged design infringement in Germany: not in Italy, says Italian Supreme Court

The IPKat

On 17 May 2023 , the Italian Supreme Court ruled on the lack of jurisdiction of Italian courts regarding requests for declaration of non-infringement of International Registered Designs (IRDs) as well as for declaration on non-infringement of unfair competition rules in relation to an alleged infringement occurred outside of Italy – specifically: Germany.

Designs 70
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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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Concerns Emerging On TM Cases Against Undisclosed Parties

IP Law 360

There has been a dramatic increase in the number of cases filed by brands against hundreds of counterfeiters as undisclosed defendants, and given these suits' debatable success in curbing counterfeiting, courts and Congress could view them as a drain on judicial resources, say Bea Swedlow and David Roulo at Honigman.

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Keeping a digital poker face: Assessing witness credibility in the ViCo age (T 423/22)

The IPKat

The Board of Appeal in T 423/22 considered whether a witness's credibility can be adequately assessed when proceedings are conducted by video conference (ViCo). The Board of Appeal concluded that body language is only ever a small part of an assessment of witness credibility. ViCo was therefore found to be a perfectly sufficient format for witness testimony, even when the entire outcome of a case rested on the witness evidence.

Patent 70
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PTAB OKs Most Of Amended Patent On Transport Containers

IP Law 360

A panel of Patent Trial and Appeal Board judges has turned down most of a legal effort to gut a patent covering a temperature-sensitive box, siding with a German company that used a pilot program at the PTAB to amend patent claims so that they would withstand review.

Patent 75
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Latest Federal Court Cases - June 2023 #2

JD Supra Law

In re: John L. Couvaras, Appeal No. 2022-1489 (Fed. Cir. June 14, 2023) In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeals Board decision that a patent application’s claims drawn to a hypertension treatment were obvious. The pending claims recited a method for increasing prostacyclin release in human blood cells with hypertension, by co-administering two well-known antihypertensive agents: a GABA-a agonist and an Angiotensin II Receptor.

Patent 62
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Germany Says Google Is Blocking Car Software Competition

IP Law 360

Germany's competition authority said Wednesday it will look to force Google to change the way it licenses software for in-car infotainment systems after an investigation showed the tech giant is blocking competitors by bundling services together.

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Don't Miss Out On Patent Term -- Use The USPTO IDS PTA Safe Harbor Form

JD Supra Law

Effective July 17, 2023, the USPTO will "require" Information Disclosure Statement (IDS) Patent Term Adjustment (PTA) safe harbor statements to be made on a specific USPTO form and electronically filed under a specific document code. According to the Federal Register Notice, if these procedures are followed, the USPTO PTA calculation should recognize the safe harbor filing and not charge a PTA deduction for the concurrently filed IDS.

Patent 59
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Google Hit With $15M Verdict In Audio Patent Case

IP Law 360

A Delaware federal jury said a Texas patent-holding company is owed $15.1 million after finding that Google infringed a pair of its audio programming patents.

Patent 75
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Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

Trading Secrets

On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc. , No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret misappropriation disputes under the Defend Trade Secrets Act (“DTSA”). The Second Circuit held that under the DTSA unjust enrichment damages cannot be awarded for avoided development costs absent evidence that the trade secret’s value was diminished by the misappropriation.

Law 59
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Music Piracy

Biswajit Sarkar Copyright Blog

Music is an artistic work which is subject to copyright protection. Music lovers can now effortlessly stream music from anywhere in the world. Even in restaurants, bars, and lounges, the music is played to entertain their customers, whether by employing DJs or playing music through sound systems. However, copyright infringement occurs when such copyrighted music is streamed without acquiring proper license from the copyright owners.

Music 52
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New York Update: Bill Banning Non-Competes Passes State Assembly and Awaits Signature by Governor Hochul

Trading Secrets

Following the recent passage through the New York State Senate, on June 20, 2023, the New York State Assembly voted to approve a bill, which, if enacted, would ban all post-employment non-compete agreements. We previously reported on the key features of Senate Bill S3100A here. Assembly Bill A1278 is now headed to Governor Hochul’s desk for review, and she has 30 days from receipt to consider the Bill.

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Boies Schiller Adds IP Pro In LA From Silicon Valley Boutique

IP Law 360

Boies Schiller Flexner LLP has brought on an international intellectual property attorney in Los Angeles who came aboard from Silicon Valley boutique firm Thoits Law, the firm announced Wednesday.

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Supreme Court Reinforces Trademark Protections for Brand Owners in Jack Daniel’s Decision

JD Supra Law

The recent Supreme Court decision in the Jack Daniel's trademark lawsuit against a dog toy manufacturer has significant implications for both brand owners and those seeking to parody established trademarks.

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Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

LexBlog IP

On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc. , No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret misappropriation disputes under the Defend Trade Secrets Act (“DTSA”). The Second Circuit held that under the DTSA unjust enrichment damages cannot be awarded for avoided development costs absent evidence that the trade secret’s value was diminished by the mis

Law 52
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Make Your Mark On History: Connecting Tradenames To Landmark Events, People & Places

JD Supra Law

The phrase “make your mark on history” is a commonplace one with several meanings and connotations. It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact beyond themselves–as future-President, then-Senator John F. Kennedy said when telling Northeastern’s graduating class in 1956 “to make your mark,” this is part of what “every commencement speaker has said since classes were held in caves or trees.”.

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The INFORM Consumers Act Takes Effect June 27, 2023

Above the Fold

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, also known as the INFORM Consumers Act, was passed by Congress in December of 2022 as part of the Consolidated Appropriations Act of 2023. On June 20, 2023, The Federal Trade Commission (“FTC”) sent letters to 50 online marketplaces throughout the country, putting each on notice regarding their obligation to comply with the Act when it takes effect on June 27, 2023.

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Key Takeaways - Interparty Considerations and Collaborations: Navigating IP Due Diligence and Joint Development Agreements with Third Parties

JD Supra Law

Kilpatrick Townsend recently held its annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar). Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property (“IP”) law and their impact on patent and trademark strategies. Kilpatrick Townsend attorneys Farah Cook, Edgar Callaway, and Maha Khalaj along with Cecilia Andrews (Director of IP, Assistant General Counsel for Novelis) presented a session on “Interparty Considerations and.

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Coimisiún na Meán releases its Work Programme for 2023

LexBlog IP

Introduction Following its establishment earlier this year, Coimisiún na Meán (the CNM ) released its first work programme on 20 June 2023. This work programme (the 2023 Programme ) sets out the primary objectives of the CNM for 2023 up to February 2024. The objectives in the 2023 Programme include the following: Implementing new regulatory regimes for how online service providers deal with harmful and illegal content; Regulating broadcasting and on-demand services; Supporting the deve

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NIL Tug of War: Evolving State NIL Laws and the Prospects of a Federal NIL Bill

JD Supra Law

Earlier this month, prominent figures in the realm of college sports gathered on Capitol Hill to advocate for federal name, image, and likeness (NIL) legislation. Currently, one NIL bill has been introduced in the House, and there are multiple other draft bills circulating in both the House and Senate. For example, as previously discussed, one of the House draft bills proposes the establishment of a new regulatory agency to oversee college NIL activities.

Law 52
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How Employers Can Prepare For Minn. Noncompete Ban

IP Law 360

With Minnesota’s sweeping ban on noncompete agreements set to begin July 1, employers must immediately implement new strategies to protect their invaluable intellectual property, customer relationships and investment in employee training, say attorneys at Littler Mendelson.

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Not Funny! Unanimous SCOTUS in Jack Daniel’s v. VIP Holds That Parody Does Not Implicate First Amendment Concerns, But Only Implicates Likelihood of Confusion

JD Supra Law

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC in favor of Jack Daniel’s, and against the dog toy manufacturer and serial parodist VIP Products. 599 U. S. _ (2023) (hereinafter “Slip Op.”). The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns.

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UPC webinar: first cases ‘obviously connected’ to existing proceedings

Managing IP

A Hogan Lovells lawyer said during a UPC webinar that most infringement and revocation actions filed at the court so far have been connected to existing national disputes

Patent 52
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New York Update: Bill Banning Non-Competes Passes State Assembly and Awaits Signature by Governor Hochul

JD Supra Law

Following the recent passage through the New York State Senate, on June 20, 2023, the New York State Assembly voted to approve a bill, which, if enacted, would ban all post-employment non-compete agreements. We previously reported on the key features of Senate Bill S3100A here. Assembly Bill A1278 is now headed to Governor Hochul’s desk for review, and she has 30 days from receipt to consider the Bill.

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Science Journal Nature Bars AI Generated Illustrations

The Trichordist

Nature’s rationale for rejecting AI generated works is good summary of what is wrong with AI.

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Practical Strategies For Protecting Innovations Under The Doctrine Of Equivalents

JD Supra Law

Recent case law highlights enablement and written description challenges for genus claims. Given the challenges of enforcing genus claims, the doctrine of equivalents (DOE) may become a more important tool for patentees when literal infringement is unavailable.

Law 52
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TTABlog Test: Is KOKOMO for Fresh Fruits Confusable With KOKOMO for Wine?

The TTABlog

The USPTO refused to register the mark KOKOMO for "Fresh fruits and vegetables; live plants, namely, live table grape vines; live plant material, namely, live table grape vine plant material; all of the foregoing excluding tomatoes and field corn, rye grass and perennial rye grass" in Class 31, finding confusion likely with the identical mark registered for "wine.