Wed.Jan 31, 2024

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The Bizarre Case of the Serial Lit Mag Plagiarist

Plagiarism Today

Recently, pseudonymous author John Kucera has become the bane of literary magazine editors for his flagrant and ongoing plagiarism. The post The Bizarre Case of the Serial Lit Mag Plagiarist appeared first on Plagiarism Today.

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More Balanced Interpretation of US “Transformation” Fair Use Test gives Rightsholders Better Leverage to Protect their Works

Hugh Stephens Blog

Photo: Author A couple of recent cases in the US involving (mis)appropriation of copyrighted photographs indicate the tide may be changing with respect to the interpretation of what constitutes fair use, moving from a very liberal interpretation of “transformation” that has been used in recent years to justify unauthorized reproduction of copyrighted works by making … Continue reading "More Balanced Interpretation of US “Transformation” Fair Use Test gives Rightsholders Better Levera

Fair Use 159
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3 Count: Carlin’s Ghost

Plagiarism Today

George Carlin estate sues podcasters over AI comedy special, Jimi Hendrix bandmates to sue over royalties and USCO looks at AI royalties. The post 3 Count: Carlin’s Ghost appeared first on Plagiarism Today.

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25 Branding Tips

Erik K Pelton

Celebrating our 25th year with the “25” Series. Erik shares 25 Branding Tips in this video. The post 25 Branding Tips appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the “25” Series. Erik shares 25 Branding Tips in this video.

Branding 130
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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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Bill S-210 is Just the Beginning: How a Canadian Digital Lobby Group is Promoting a Standard to “Foster Widespread Adoption of Age Verification Technologies in Canada”

Michael Geist

This week’s Law Bytes podcast features a revealing discussion with Senator Julie Miville- Dechêne , the chief architect and lead defender of Bill S-210 or t he Protecting Young Persons from Exposure to Pornography Act. It may be the most dangerous Internet bill you’ve never heard of since it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media.

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ISP Suggests That Record Labels Can Sue Torrent Client Developers

TorrentFreak

Late 2022, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough following complaints about pirating subscribers. Specifically, the labels alleged that the company failed to terminate repeat infringers.

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World’s Most Notorious Pirate Sites Listed in New USTR Report

TorrentFreak

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. In common with previous years, the 2023 edition published Tuesday highlights “prominent and illustrative” examples of mainly online sites and services that either engage directly in piracy, facilitate it, or simply turn a blind eye to infringement while en

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Fundamental Right to Privacy

IP and Legal Filings

Introduction Although there isn’t a clear legal definition of “privacy,” some legal experts define it as a human right that each and every person has simply by virtue of their existence. It is independent of any charter or instrument. Other aspects of privacy include the right to one’s own body, individual autonomy, protection from state surveillance, informational self-determination, dignity, confidentiality, and the freedom to move, think, and dissent.

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Important Notice Regarding the Corporate Transparency Act Filing Requirements

The IP Law Blog

The Corporate Transparency Act (“ CTA ”), a new federal filing requirement for many business entities, became effective on January 1, 2024. The CTA was enacted as part of the Anti-Money Laundering Act of 2020 to provide Federal and State enforcement agencies with more comprehensive information about small and shell companies to help control money laundering and terrorist financing activities.

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Navigating the Beauty Maze: Counterfeit Cosmetics, Social Media Influence, and the Pursuit of Deals

Nelligan Law

Reading Time: 3 minutes Growing up, my father’s mantra reverberated in my mind: “If it’s too good to be true, it probably is!” Nowhere is this advice more relevant than in the world of cosmetics. While we all appreciate a good bargain, the allure of an unbelievably low price often masks hidden dangers. Moreover, the beauty industry’s landscape has been dramatically reshaped by the rise of social media and influencers, creating an additional layer of complexity in ou

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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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AD-ttorneys@law - January 2024

JD Supra Law

Extra, Extra, Read All About It! We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging bimonthly podcasts and enriching monthly CLE webinars, ADventures in Law stands as the go-to hub for all things advertising law!

Law 84
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A Win for Employee Rights: Nelligan Law Helps Secure Victory in Wrongful Dismissal Case

Nelligan Law

Reading Time: 3 minutes In Koshman v Controlex Corporation , 2023 ONSC 7045 , Nelligan Law played a pivotal role in successfully representing engineer Martin Koshman against his former employer, Controlex Corporation, in a wrongful dismissal action. The Court, recognizing the gravity of the situation, awarded Mr. Koshman 24 months’ notice ($471,461.68), $50,000 in aggravated damages, $50,000 in punitive damages, along with $192,112.19 in legal costs.

Law 83
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FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

JD Supra Law

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed to be essential to industry standards (SEPs) and are subject to commitments to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.

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5 Reasons Associates Shouldn't Take A Job Just For Money

IP Law 360

As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

Law 75
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Wendy and Jen Wreck the Movies: ‘Willy Wonka’ (1971) or You Got Your Kid in My Chocolate

JD Supra Law

What Happened- Come on, you know what happened, right? For those denied the joy of Roald Dahl and his take on bad parents, here is an overview. Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive chocolatier. Wonka’s Chocolates has one factory. Unlike other factories, no workers or visitors are seen entering or leaving the property; everyone wants to know who is making the chocolate.

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Food, Fights, and the Butter Chicken: Some More Thoughts on “The Mystery of the Real Master Chef”

SpicyIP

Image from here Yesterday, Aparajita penned a post “ Squawking over butter chicken: The mystery of the real master chef” sharing her thoughts on the existing “Who Invented Butter Chicken and Dal Makhani” issue before the Delhi High Court in Rupa Gujral & Ors vs Daryaganj Hospitality Private Limited. While she has raised several interesting points, there are a few more issues, especially concerning passing off, that I believe need highlighting.

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What Laws Protect Trade Secrets in Arkansas?

JD Supra Law

Businesses are built through hard work and significant investment. One of the most significant investments, and thus greatest assets to a business, is the investment of time and resources in its people. Protecting that investment is often crucial to the brand and to the future of a business. When people have been entrusted with trade secrets, and when those people suddenly depart the business or compromise their loyalty, significant risks exist surrounding a business’s trade secrets.

Law 75
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Section 230 Protects Zillow for Publishing Property Information–Choudhuri v. Specialized Loan

Technology & Marketing Law Blog

This lawsuit relates to a property foreclosure contested by the then-property owner, Choudhuri, who sued pro se. “Choudhuri appears to allege that Zillow ‘illegally’ published information regarding the property at issue on its website, including listing it ‘for auction.'” This leads to an easy Section 230 dismissal. ICS Provider.

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2024 BakerHostetler IP Perspectives - Forecasts, Trends and Accomplishments

JD Supra Law

Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP). From the potential hazards associated with adopting artificial intelligence (AI) and the ubiquitous fraud that surrounds copyrights and trademarks to the due diligence required of offshore outsourcing and the fallout of a drop in patent litigation, risks abound.

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Wednesday whimsies

The IPKat

Here’s this week’s selection of opportunities and events for the IPKat community! Two webinars on trade secrets in the EU On February 8, the European Communities Trademark Association (ECTA) and the Bulgarian Patent Office will jointly host a webinar on the EU Trade Secrets Directive. The event will explore national transpositions and available case-law in Germany, Italy, and Bulgaria.

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Domain Name News: January 2024

JD Supra Law

This is the January edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: Launch of five new gTLDs / GlobalBlock to be launched by Brand Safety Alliance / EURid publishes its Q4 2023 progress report / ICANN make amendments to the RAA in fight against DNS Abuse.

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Gogo Continues In-Flight Services as Federal Circuit Rejects SmartSky’s Preliminary Injunction Appeal

Patently-O

by Dennis Crouch In SmartSky Networks, LLC v. Gogo Business Aviation, LLC , No. 2023-1058 (Fed. Cir. Jan. 31, 2024) , the Federal Circuit has affirmed a lower court denial of a preliminary injunction sought by the patentee SmartSky against Gogo. SmartSky sued Gogo in 2022 for patent infringement, alleging that Gogo’s 5G wireless network infringed several of SmartSky’s patents related to in-flight internet wireless connectivity.

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Blockbuster Biologics Review - Issue 22

JD Supra Law

Welcome to the latest issue of Blockbuster Biologics Review, which covers the status and developments of post-grant challenges and patent litigations implicating blockbuster biologics and legislative proposals related to biosimilars in Q1 2024. We will continue to monitor developments in these post-grant challenges and litigations and provide you with regular updates.

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UMG Stands up to TikTok

The Trichordist

David calls out TikTok and chimes in with Universal CEO Lucian Grainge that it’s time to pull out.

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Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Shaping the PTAB’s Rulemaking and Rule Enforcement Authority

JD Supra Law

A trio of cases this past year illustrate a trend of increasing importance of the Patent Office’s rulemaking and enforcement. Parus Holdings, Inc. v. Google LLC, 70 F.4th 1365 (Fed. Cir. 2023) The Federal Circuit’s decision in Parus addressed 37 C.F.R. § 42.6(a)(3), a PTO rule that prohibits incorporating by reference arguments from another document.

Editing 70
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Parody Sneaker Afforded No First Amendment Protection Against Vans’ Trademark Infringement Claims

LexBlog IP

Courts typically analyze trademark infringement claims under the Lanham Act’s likelihood of confusion test. This traditional test, however, is applied more narrowly when an allegedly infringing product is a work of artistic expression. In those cases, courts apply heightened scrutiny to claims of infringement under a threshold First Amendment filter, such as the Rogers v.

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Current Congressional Attempts at Patent Reform

JD Supra Law

In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners. Two main areas of focus are “Section 101” and the “PTAB.” .

Patent 68
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Insurance Execs Stole Co. Assets For New Biz., Suit Says

IP Law 360

An insurance company alleged in a federal complaint Tuesday that three former executives lined their own pockets by breaking laws and stealing assets in a plot to found their own competing business as part of a vindictive campaign fraught with subterfuge on North Carolina regulators to further imperil their former employer.

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Sotera Stipulation Filed After the Patent Owner’s Response Still Deemed Effective

JD Supra Law

The Patent Trial and Appeal Board (PTAB) recently addressed both the timing requirements and procedures for filing a Sotera stipulation before the Board in, BMW of North America LLC v. Northstar Systems LLC, IPR2023-01017 (P.T.A.B. June 9, 2023). In granting institution, the Board held that a petitioner’s Sotera stipulation should not be disregarded “because of its timing.

Patent 68
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Huawei Faces Civil RICO Suit From Netgear

IP Law 360

A major U.S. company is suing Huawei in California federal court under racketeering laws, arguing that the Chinese Communist Party-affiliated telecom giant is using infringement suits in Germany and China to demand "excessive and discriminatory royalties.

Law 52
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Diverging International Approaches to the Copyrightability and Authorship of AI-created Works

JD Supra Law

When can a work created using artificial intelligence ("AI") be copyrighted? And, if an AI-enabled work can be copyrighted, who is the "author"? The Beijing, China Internet Court took a different approach than the U.S. Copyright Office, granting copyright protection to images created using AI – while stopping short of treating the AI itself as an author.

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AT&T Wipes Out Dali Antenna Patent At PTAB

IP Law 360

The Patent Trial and Appeal Board has invalidated all claims of a Dali Wireless patent for an antenna system used to improve distributed wireless networks that had been challenged by AT&T.

Patent 52
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Actelion Pharms. Ltd. v. Mylan Pharms. Inc. - Veletri® (Epoprostenol)

JD Supra Law

Case Name: Actelion Pharms. Ltd. v. Mylan Pharms. Inc., No. 2022-1889, 2023 WL 7289417 (Fed. Cir. Nov. 6, 2023) (Circuit Judges Reyna, Stoll, and Stark presiding; Opinion by Stoll, J.) (Appeal from N.D.W.V., Bailey, J.) - Drug Product and Patent(s)-in-Suit: Veletri® (epoprostenol); U.S. Patents Nos. 8,318,802 (“the ’802 patent”) and 8,598,227 (“the ’227 patent”).

Patent 68
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Dolphins Trademark Slogan in Danger From Margaritaville

LexBlog IP

IPNews® – Jimmy Buffett’s company, Margaritaville Enterprises, LLC, has filed a request for an extension of time to Oppose a PHINS UP trademark application filed by the Miami Dolphins. This likely means that the companies are negotiating an agreement behind the scenes. Margaritaville owns multiple registrations for FINS UP, and likely wants the Dolphins to cease all use.

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AI Takes Transformers Beyond Robots In Disguise

JD Supra Law

Upon hearing the word "transformer," thoughts of change and adaptability often come to mind, sometimes evoking images of those iconic shape-shifting robots. However, when it comes to artificial intelligence, the word transformer assumes a different, yet equally dynamic, role. Introduced in Ashish Vaswani's 2017 paper "Attention Is All You Need," a transformer in AI refers to an innovative type of AI model that has revolutionized the field.