Sat.Apr 06, 2024 - Fri.Apr 12, 2024

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How we stack up against others offering trademark services

Erik K Pelton

We recognize that business owners have a choice when it comes to protecting their brand and who they hire to work with them. We stack up differently against most others in the field of trademarks. To the best of our knowledge, no one else offers the same suite of characteristics that we have at EMP&A, see below: The post How we stack up against others offering trademark services appeared first on Erik M Pelton & Associates, PLLC.

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How Mystery Science Theater 3000 Helped Expose a Plagiarism

Plagiarism Today

In 1997, MST3K featured a little-known film entitled Clonus. Eight years later, a major studio released an eerily similar film. The post How Mystery Science Theater 3000 Helped Expose a Plagiarism appeared first on Plagiarism Today.

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A Cautionary Copyright Tale

Hugh Stephens Blog

My daughter’s (copyrighted) art, circa 1990, age 5 (Used with permission) It is rare that a copyright story makes the national news, in Canada or elsewhere, but this one had all the needed ingredients. A teacher exploiting students, irate parents, and a possibly negligent school board. What’s not to like?

Copyright 113
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Dune: Part Two Leaks Early on Pirate Sites ‘In Memory of EVO’

TorrentFreak

Pirated copies of movies leak all year round, often ripped from streaming platforms after their official premiere. That by itself is nothing special. However, when a high-quality copy of a blockbuster title appears online before it’s officially available, people take notice. That’s exactly what happened with Dune: Part Two over the past few hours.

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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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25 Ways to Use Your Trademark

Erik K Pelton

Erik shares 25+ ways to use your trademark in this episode as we celebrate our 25th year with the 25 series. The post 25 Ways to Use Your Trademark appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25+ ways to use your trademark in this episode as we celebrate our 25th year with the 25 series.

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Copyright Claims Board Finds in Favor of Right of First Sale

Plagiarism Today

The Copyright Claims Board has handed down a new final determination, this one dealing with music and the first sale doctrine. The post Copyright Claims Board Finds in Favor of Right of First Sale appeared first on Plagiarism Today.

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Cox Plans to Take Piracy Liability Battle to the Supreme Court

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came three years ago when the Internet provider lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages.

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USPTO Trademark Application Timeline and Steps

Erik K Pelton

The following is an edited transcript of my video What Are the Steps in the USPTO Trademark Application Process? The trademark application process is very complex. Even a straightforward application generally takes over a year and has many steps—from getting signed, submitted, filed, and assigned a serial number to getting reviewed, approved, published, and registered.

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3 Count: Not Functioning Today

Plagiarism Today

X denies claims in copyright infringement lawsuit, controversial NFT site shutters and AEW files takedown against journalist. The post 3 Count: Not Functioning Today appeared first on Plagiarism Today.

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Heirs to Author of Article That Inspired Top Gun Crash and Burn in California District Court

IP Watchdog

The U.S. District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film. Yonay authored a magazine article titled “Top Guns,” published in California Magazine on April 21, 1983, that was an account of the experiences of F-14 pilots in training at Navy’

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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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‘Pirated’ TikTok Clips Help to Promote TV Series, Research Finds

TorrentFreak

The debate over whether copyright infringement cannibalizes legitimate media consumption has been dragging on for several decades now. The issue has been researched extensively with both positive and negative effects being reported, varying based on the type of content and the ‘piracy’ source, among other variables. By now, most experts would agree that watching a new blockbuster on a pirate streaming site isn’t going to magically benefit legitimate sales.

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FDA Approves BMS and J&J CAR-T Cell Therapies for the Earlier Treatment of Multiple Myeloma

JD Supra Law

On April 4, 2024, Bristol Myers Squibb (“BMS”) and 2seventy bio, Inc. announced that the FDA has approved ABECMA (idecabtagene vicleucel) for the treatment of adult patients with relapsed or refractory multiple myeloma after two or more prior lines of therapy including an immunomodulatory agent (IMiD), a proteasome inhibitor (PI), and an anti-CD38 monoclonal antibody.

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3 Count: SOPA Returning?

Plagiarism Today

MPA announces new anti-piracy initiative, new bill targets AI companies and Tecmo sues Singapore-based competitor. The post 3 Count: SOPA Returning? appeared first on Plagiarism Today.

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Schiff Introduces Bill to Mandate Disclosure of Copyrighted Content Used to Train GAI Models

IP Watchdog

On April 9, Representative Adam Schiff (D-CA) introduced the Generative AI Copyright Disclosure Act of 2024 into the U.S. House of Representatives. The bill, which would require generative artificial intelligence (AI) platforms to disclose their use of copyrighted works in training AI models with retroactive effect, comes after months of growing concerns by the global creative community over the misappropriation of original works of authorship by companies collecting such content without prior a

Copyright 116
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AI Spending is Not an AI Strategy: Why the Government’s Artificial Intelligence Plan Avoids the Hard Governance Questions

Michael Geist

The government announced plans over the weekend to spend billions of dollars to support artificial intelligence. Billed as “securing Canada’s AI Advantage” , the plan includes promises to spend $2 billion on an AI Compute Access Fund and a Canadian AI Sovereign Compute Strategy that is focused on developing domestic computing infrastructure. In addition, there is $200 million for AI startups, $100 million for AI adoption, $50 million for skills training (particularly those in the creative sector

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Lessons From the License to Drive (and Protect) Sports Illustrated

JD Supra Law

For years, Sports Illustrated (SI) has provided exclusive, in-depth looks into some of sports’ greatest games and players, with its voice and visuals providing great entertainment and information for sports fans around the world. As an example, a signed 1975 SI cover of Muhammed Ali and Joe Frazier is one of my most prized pieces of memorabilia. Meanwhile, I first learned about LeBron James when he graced Sports Illustrated’s cover in 2002.

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Medium Sets New Policies on AI-Generated Writing

Plagiarism Today

The onilne writing website Medium has announced new policies for AI-generated text This includes a ban on AI content behind the paywall. The post Medium Sets New Policies on AI-Generated Writing appeared first on Plagiarism Today.

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Bayh-Dole Coalition: Activist Groups’ Bid for Medicare to Make Generic Xtandi is a ‘Desperate Ploy’

IP Watchdog

On April 9, Knowledge Ecology International (KEI), the Union for Affordable Cancer Treatment (UACT) and Universities Allied for Essential Medicines (UAEM) sent a letter to Chiquita Brooks-LaSure, Administrator for the Centers for Medicare and Medicaid Services, requesting that CMS use alleged statutory authority to allow companies to make and sell generic versions of the blockbuster prostate cancer drug, Xtandi®.

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MPA: Site-Blocking Will Stop Pirate Site Owners Who Abuse Kids & Traffick Drugs

TorrentFreak

It’s no secret that the Motion Picture Association (MPA) views site-blocking measures in the United States as the logical next step in their perpetual campaign against piracy. Working with U.S. Congress members, the plan is to propose judicial site-blocking legislation that will see local ISPs compelled by law to prevent consumer access to pirate sites.

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A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal

JD Supra Law

A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants had actual notice of the claims, but defective service under Rule 4 ended them before they began.

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3 Count: Sample Battle

Plagiarism Today

Universal Music Group sued over Mary J Blige song, Michigan hospital hits back in copyright case, and USTR calls out pirating nations. The post 3 Count: Sample Battle appeared first on Plagiarism Today.

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Vidal Vacates Board’s Denial of IPR Institution on Auto Part Patent

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on Friday that had denied institution of an inter partes review (IPR) requested by auto parts manufacturer, Mahle Behr Charleston, Inc. U.S. Patent No. RE47,494 E is owned by inventor Frank Amidio Catalano and covers “a device to prevent corrosion [in motor vehicle radiators] caused by electrolysis.

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Japan’s 2 Trillion Yen Manga & Anime Piracy War Gets New Hollywood Backing

TorrentFreak

Anti-piracy organization CODA (Content Overseas Distribution Association) is a permanent fixture on the front lines of Japan’s war against online piracy. CODA represents the interests of around 30 corporate entities doing business in the publishing, media, movie, music, and wider entertainment industries. Members include publishers Kadokawa, Shueisha, Kodansha, and Shogakukan, through to videogame/publishing giants Square Enix and Bandai Namco.

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Vanda Swings for the Fences and Asks the Supreme Court to Heighten the Standard for Obviousness

JD Supra Law

Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with “a reasonable expectation of success.” The Federal Circuit alone has employed the “reasonable expectation” formulation in hundreds of opinions spanning the past four decades. In a recent petition to the Supreme Court, Vanda Pharmaceuticals, which is becoming one of the most aggressive litigators in the pharmaceutical industry, is now arguing that this standard is contrary.

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3 Count: Victorious Maverick

Plagiarism Today

Paramount gets big win in Top Gun case, Friday the 13th game mod cancelled and Cox plans to appeal to the Supreme Court. The post 3 Count: Victorious Maverick appeared first on Plagiarism Today.

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11th Circ. Denies Atty DQ Bid From Gold Star Wives

IP Law 360

The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc. to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader.

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‘X’ Denies Music Companies’ Remaining Piracy Liability Claims in Court

TorrentFreak

In a complaint filed at a Nashville federal court last spring , Universal Music, Sony Music, EMI and others, accused X Corp of “breeding” mass copyright infringement. The social media company allegedly failed to respond adequately to takedown notices and lacks a proper termination policy. “Twitter routinely ignores known repeat infringers and known infringements, refusing to take simple steps that are available to Twitter to stop these specific instances of infringement of which it is aware,” th

Music 101
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Authors of Article That Inspired Top Gun Crash and Burn in California District Court

IP Watchdog

The U.S. District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son, respectively, of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film. Yonay authored a magazine article titled “Top Guns,” published in California Magazine on April 21, 1983, that was an account of the experiences of F-14 pilots in tr

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Francesca Gino Faces Allegations of Plagiarism

Plagiarism Today

Embattled Harvard behavioral science professor Fancesca Gino is facing new allegations of plagiarism, on top of her existing problems. The post Francesca Gino Faces Allegations of Plagiarism appeared first on Plagiarism Today.

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AG Asked To Weigh In On Jack Daniel's TM Dispute

IP Law 360

An Arizona federal judge has certified a constitutional question from VIP Products LLC asking U.S. Attorney General Merrick Garland whether the First Amendment supports the Lanham Act provision authorizing injunctive relief in cases of trademark dilution by tarnishment.

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Piracy Shield: AGCOM Fines ISP Assoc. For ‘Obstructing Supervisory Activities’

TorrentFreak

From the moment Italian authorities announced they would build the most ambitious anti-piracy blocking system ever seen, it was clear that only controversy lay ahead. All that remained to be seen was when, at what scale, and how any chaos would be managed. Predictably, overblocking was an immediate problem, with blunders against Zenlayer and Cloudflare sounding alarm bells early on.

Copying 101
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It’s Official: 2024-2025 National HS Debate Topic – “Should the U.S. Government Strengthen IP RIghts?”

IP Close Up

Thanks in part to data-hungry artificial intelligence and growing anger over foreign and domestic intellectual property abuses, fixing the IP system is more topical than Continue reading

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Paramount Flies Clear of Copyright Turbulence in “Top Gun” Lawsuit

Copyright Lately

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. A California federal judge has permanently grounded a copyright infringement lawsuit filed by the heirs of Ehud Yonay, the writer whose 1983 article in California Magazine inspired the original Top Gun film.

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Fed. Circ. Won't Revive Broadcom Unit's IP In Netflix Fight

IP Law 360

The Federal Circuit on Friday backed the Patent Trial and Appeal Board's holding that the vast majority of Broadcom unit Avago Technologies' patent directed to providing digital media services to users is invalid as obvious, based on a challenge from Netflix.

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’10K Pirate Sites Blocked in 60 Days’: Piracy Shield Triggers Kool-Aid Crisis

TorrentFreak

Since its official launch at the start of February 1, 2024, much has been said and written about Italy’s ‘Piracy Shield’ IPTV blocking system. Yet, by volume, telecoms regulator AGCOM and key beneficiary Serie A, Italy’s top-tier football league, haven’t said very much at all. In separate articles published in Italian media last weekend, a reason for the lack of participation is made clear; few articles published online offer credible information and most don’