Mon.Mar 07, 2022

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3 Count: Pop Trio

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Dua Lipa Hit With Another Copyright Lawsuit Over ‘Levitating’. First off today, Bill Donahue at Billboard reports that pop musician Dua Lipa has been hit with a second lawsuit over her hit song Levitating , as a pair of different accusers have accused her of copyright infringement.

Music 200
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Key Trademark Search Terms

Erik K Pelton

The following is an edited transcript of my video Key Trademark Search Terms. I recently saw an ad for a new children’s play activity center that opened just down the street from our office, and the ad had one of those giant ball pits that kids are either jumping into or going off a slide to land in. This set off an alert in my brain, because I had been looking for the perfect metaphor to describe the different types of trademark searches and the language around them.

Trademark 182
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Plagiarism in Pop Culture: The Conners

Plagiarism Today

The Conners is a follow-up/spin-off series of the 1980s comedy Roseanne. The show focuses on the family decades after the original series and after the death of the family’s matriarch, Roseanne Conner. . As such, the show has a great deal of returning characters from the original series including Dan Conner, Jackie Harris, Darlene Conner and Becky Conner-Healy.

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Russia Will Probably Legalize Some Software Piracy to Mitigate Sanctions

TorrentFreak

As Vladimir Putin’s invasion of Ukraine and his military’s horrendous campaign of bloodshed continues, world leaders and people around the globe are hoping that punishing sanctions against the Russian Federation will bring peace to Europe. These are far-reaching and include measures to restrict Russia’s access to technology. Many companies were quick to respond.

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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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Judge Michel Asks Supreme Court to Grant Petition in USR v. Apple to Save U.S. Innovation

IP Watchdog

On March 2, amicus briefs were presented to the U.S. Supreme Court in support of petitioner Universal Secure Registry’s (USR’s) appeal from the U.S. Court of Appeal for the Federal Circuit (CAFC), which challenges that court’s application of the Alice/Mayo framework on Section 101 subject matter patent eligibility in invalidating patent claims owned by USR.

Patent 143
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Netflix Continues to Expand its Global Anti-Piracy Team

TorrentFreak

When Netflix had just started offering online video content years ago, it didn’t consider piracy to be a major issue. However, now that the company itself is one of the largest content producers, this outlook has changed drastically. Like many other rightsholders, Netflix now keeps a close eye on pirate sites and services. The company has its own in-house anti-piracy team with offices on several continents and also works with third-party anti-piracy vendors.

Business 129

More Trending

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Piracy on Legal Platforms is Still Killing Creative Careers

The Illusion of More

Once again, the question arises whether there is any hope of addressing mass online copyright infringement on otherwise legal platforms? It’s an exhausting problem, more than two decades old, and it isn’t getting better. A recent article by Annie Levin for Observer describes a new campaign by Music Workers Alliance (MWA), in which she sums […].

Music 117
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For Ann – In Memory of Professor Ann Monotti

IPilogue

Professor David Vaver is a Member of IP Osgoode’s Advisory Board and a Professor of Intellectual Property Law at Osgoode Hall Law School. The Monash University Faculty of Law recently announced the passing of their Juris Doctor Director, Professor Ann Monotti. Prof. Monotti was a leader in intellectual property law and a wonderful person, and is remembered below by our own Prof.

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Closest Prior Art for Patent Invalidation Proceedings in China

JD Supra Law

According to China’s local practice, there are three steps to follow when determining whether a claimed invention is obvious when compared to the prior art: determining the closest prior art; distinguishing the features of the invention and the technical problem that it actually solves; By: Linda Liu & Partners

Art 98
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IP Audits for the Emerging Life Science Company: A Staged and Strategic Approach for Value

IP Watchdog

The trend is here to stay – large life science companies are basing their growth strategies on research and development happening at early-stage companies. It is easier, and less risky, for large companies simply to acquire these enterprises working on new and innovative therapeutic candidates that have advanced to a certain stage. For early stage life science companies (ESLSCs), intellectual property is the asset.

IP 98
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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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Ukrpatent Continues Normal Operations Despite Russian Aggression

JD Supra Law

On Tuesday, the Ukrainian Institute of Intellectual Property (Ukrpatent) issued a statement declaring "that during this extremely difficult time for the country, during the military aggression of the Russian Federation against Ukraine, which became the reason for the imposition of martial law. the State Enterprise 'Ukrainian Institute of Intellectual Property' (Ukrpatent) continues to operate on a full-time basis providing all the necessary functions and continuous operation of the state.

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The Power (and Shortcomings) of AI-based Patent Search

IP.com

AI-driven search is revolutionizing patent search tools. The most precise and sophisticated prior art tools on the market utilize AI to streamline and automate searches. Engineering and IP teams are. The post The Power (and Shortcomings) of AI-based Patent Search appeared first on IP.com - IP Innovation and Analytics.

Patent 98
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2021 PTAB Year in Review: Analysis & Trends

JD Supra Law

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed patent litigation. In its first final written decision for an inter partes review back in November 2013 in IPR2012-000001, the PTAB canceled all claims as obvious based on a four prior art reference combination, critically assessed claim construction, and denied a motion to.

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The Law Bytes Podcast, Episode 120: Vass Bednar, Ana Qarri and Robin Shaban on Fixing Canada’s Competition Law Problem

Michael Geist

The proposed Rogers – Shaw merger has placed Canada’s competition law and policy back into the spotlight as consumers frustrated by high wireless prices and a market that many believe already suffers from insufficient competition face the prospect of even less competition should the deal be approved. Last week, the House of Commons Standing Committee on Industry and Technology agreed, issuing a recommendation that “the Committee believes the merger should not proceed” and ident

Law 90
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A Trade Secret Storm Looms: Six Steps to Take Now

JD Supra Law

A storm is brewing in the intellectual property world, and it’s heading straight for trade secrets. With millions of Americans quitting their jobs each month — 4.3 million in December alone — and pandemic-stunned companies still leaning on patched-together remote operations, controlling sacred information has become particularly difficult.

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Dua Lipa Draws Another Copyright Suit Over 'Levitating'

IP Law 360

Singer Dua Lipa was hit with a second copyright suit this month over the chart-topping hit "Levitating," facing claims the song's writers and producers lifted a "signature" 1980s melody for the track and its remixed version featuring rapper Da Baby.

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The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

Introduction. A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so.

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GoPro Gets Camera Tech Patents Invalidated

IP Law 360

A California federal judge has concluded that the camera technology GoPro Inc. was accused of infringing cannot be protected by patent law, a ruling that came down a month after the judge vowed to take a deep dive into the "abyss" of patent eligibility jurisprudence.

Patent 74
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The Law Of Trademark In India Act 1999: Infringement And Remedies

IP and Legal Filings

Introduction. A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so.

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Artist Says Law School Hiding Murals Will Hurt His Reputation

IP Law 360

The decision by the Vermont Law School to hide murals depicting scenes of American slavery behind walls hurts the creator's reputation and should be viewed as an impermissible "modification" of the work itself, the artist told the Second Circuit on Friday.

Law 74
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The Parody Bomb Goes Off

Likelihood of Confusion

When it rains, it pours. Via Andrew Sullivan (and reported here too) a report that Volkswagen is going to sue— in the UK — the pair who made that tasteless. The post The Parody Bomb Goes Off appeared first on LIKELIHOOD OF CONFUSION™.

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Australian Appeals Court Seems Sceptical of Push to Name DABUS ‘AI’ as Inventor

LexBlog IP

On 9 February 2022, the appeal by the Commissioner of Patents against the decision of Justice Beach finding that the ‘AI’ machine known as DABUS (‘ D evice for the A utonomous B ootstrapping of U nified S entience’) could be named as inventor on a patent application filed by Dr Stephen Thaler, was heard before an expanded Full Bench of the Federal Court of Australia.

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Facebook’s Metaverse – Paving The Way For A New Age Of Intellectual Property

Intellectual Property Brief

A user or provider of a platform like a metaverse is likely to encounter some unfound legal intricacies while dealing in this virtual reality. But before exploring the same, one needs to fully understand the conceptual understanding of the term ‘metaverse.’.

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TikTok: A New Copyright Minefield

LexBlog IP

By: Noelle Henry. TikTok, a video-sharing platform, has quickly become one of the most popular social media platforms to date. In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. However, as the platform becomes more popular, it opens its doors to a multitude of legal challenges with copyright infringement near the top of the list.

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Cognizability Of Copyright Infringement

IP and Legal Filings

A person who is fully aware of an existing copyright, and chooses to infringe or abets to do the same, could be held liable for copyright infringement, which can incur criminal charges, and in order to find the cognizability of the same, Schedule I of the CrPC needs to be looked into. The Schedule I consists of two parts wherein all the offences that have been laid down in IPC come under the purview of part I, and all the offences pertaining to other statutes come under the ambit of part II.

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Games Without Frontiers: The Increasing Importance of Intellectual Property Rights for the People’s Republic of China

LexBlog IP

By: James M. Cooper. PDF: Games Without Frontiers: The Increasing Importance of Intellectual Property Rights for the People’s Republic of China. For years, the People’s Republic of China was known as the “Pirate Nation” for its outright theft of Western innovation and acquisition of innovation through mandatory technology transfer from Western companies to Chinese partners.

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2021 Design Patents Year in Review: Analysis and Trends: US District Courts: No Slowdown in Filings

JD Supra Law

Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017). A range of only 57 cases separates the busiest and slowest filing years. 2021 was no different with 254 new design patent cases filed.

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Shutts & Bowen Adds IP Partner To Jacksonville Office

IP Law 360

Shutts & Bowen LLP has added an intellectual property partner to its Jacksonville, Florida, office who was previously a general counsel and vice president at a Jacksonville-based manufacturer, the firm said in a Monday announcement.

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To Stream or Not to Stream: Litigation Concerning Box Office Releases Moved to Streaming

JIPEL Copyright Blog

It’s no secret that there’s a great deal of money to be made in the box office game. Box office revenue is a reliable measurement of a film’s success, with the most successful films, like Spider-Man: No Way Home , grossing over $1 billion in box office sales. However, like so many aspects of the entertainment industry, box office releases and distributors’ approaches to film rollouts have been affected significantly by the COVID-19 pandemic.

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Publishing Research Directions

Velocity of Content

After nearly five centuries of printing journals and books, Cambridge University Press has announced plans to invite authors to share early outputs as they move through their research projects. “Informed by feedback from hundreds of researchers, the first titles under the Research Directions banner will launch in 2022, with an initial set of questions and a publishing model that mirrors the research lifecycle, with results, analysis and impact reviews all published as separate, Open Access,

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Can A Minor File An Application To Protect Her IP Rights In India

Intepat

There are no distinctions based on age in Intellectual Property [“ IP ”] rights in India. Nearly, none of the IP laws i.e., The Patents Act, 1970, [1] The Trade Marks Act, 1999, [2] [“ TM Act ”] The Designs Act, 2000, [3] prohibit minors to obtain protection for their intellectual property. Hence, we can say that a minor is allowed to own IP rights for her IP.

IP 52
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FDA Accepts Alvotech’s BLA Supporting Interchangeability for ATV02, a High Concentration, Citrate-Free Biosimilar Candidate for Humira®

JD Supra Law

Alvotech Holdings S.A. (“Alvotech”) announced on February 28th that the U.S. Food and Drug Administration (FDA) has accepted for review the company’s Biologics Licensing Application (BLA) for ATV02 (100 mg/mL) that includes new data supporting interchangeability between ATV02 and Humira. According to Alvotech’s press release, the data are from a randomized study (AVT02-GL-302; NCT04453137) in patients that demonstrate bioequivalence of repeated switches between administration of Humira and AVT02

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Considerations For Applicants and Practitioners Due to Recent EPC Guidelines Regarding Description Amendment Rrequirements

IP Intelligence

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] To assist practitioners and patent examiners, the European Patent Office (EPO) provides patent examination guidelines interpreting the EPC.

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Supreme Court Holds that Mistakes of Both Law and Fact Can Excuse Inaccurate Copyright Registrations

JD Supra Law

Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., holding 6-3 that a copyright registrant’s lack of knowledge of errors of either law or fact can excuse inaccurate statements in a registration application and the resulting registration. At issue was 17 U.S.C. § 411(b)(1), which states that copyright registrations are valid regardless of whether they “contain any inaccurate information” unless the inaccurate infor

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Texas Trade Secrets

Patently-O

Thomas v. Hughes , 20-50671, 2022 WL 620238, at *1 (5th Cir. Mar. 3, 2022) [ Opinion ]. Texas attorney Lee Ann Hughes purchased Performance Probiotics, LLC from the company founder Pearcy. At the time of the purchase, Hughes was Pearcy’s attorney – a red flag. In addition to the purchase agreement, PPI agreed to license Pearcy’s proprietary formulation of probiotics at a rate of 14% of net sales with an option to purchase the rights for $100k at the end of five years.