Sat.Apr 27, 2024 - Fri.May 03, 2024

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Why Plagiarizing Iron Maiden is a Really Bad Idea

Plagiarism Today

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.

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Plan Ahead

Erik K Pelton

Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand. The post Plan Ahead appeared first on Erik M Pelton & Associates, PLLC. Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand.

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Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

JD Supra Law

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.

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Tips for Using AI Tools After the USPTO’s Recent Guidance for Practitioners

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) recently released new guidance for practitioners using artificial intelligence (AI)-based tools. The guidance primarily serves as a reminder of longstanding requirements and best practices for patent and trademark practitioners. For example, patent practitioners have a duty of candor and good faith to the USPTO and a duty of confidentiality to their clients.

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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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How the Copyright Claims Board Deals with Bad Faith Filers

Plagiarism Today

The Copyright Claims Board has to strike a delicate balance between allowing for mistakes and preventing abuse. Here's how it does it. The post How the Copyright Claims Board Deals with Bad Faith Filers appeared first on Plagiarism Today.

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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights.

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GSK Says Pfizer Infringed Five Patents Relating to Comirnaty COVID Vaccine

IP Watchdog

GlaxoSmithKline filed a four-count civil action for patent infringement in the United States District Court for the District of Delaware late last week seeking damages for Pfizer and BioNTech’s infringing manufacture, use, sale and marketing of both the original “monovalent” and “bivalent” Comirnaty COVID-19 vaccines. The COVID-19 vaccine was quickly rolled out compared to other vaccines in the past and many pharmaceutical companies benefited financially.

Patent 111
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3 Count: Unmodding Nintendo

Plagiarism Today

Garry's Mod removes Nintendo assets after copyright notice, ad agency sues Jindal Steels Brazil cracks down on anime piracy. The post 3 Count: Unmodding Nintendo appeared first on Plagiarism Today.

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Copyrightability of AI-Generated Works

Copyright Alliance

Where and how should we draw the line between protectable and non-protectable AI-generated works? There is little doubt that most of the focus relating to the impact of artificial intelligence […] The post Copyrightability of AI-Generated Works appeared first on Copyright Alliance.

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Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

JD Supra Law

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions. At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use.

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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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My chat with Verizon

Likelihood of Confusion

We don’t have TV here. But let’s say I’m willing to spring for a few bucks because someone is at my house who would like to watch the Yankees – Red Sox game on the Internet. Which is, after all, like a TV, right? So, great. I have FiOS Internet and phone from Verizon. They […] The post My chat with Verizon appeared first on LIKELIHOOD OF CONFUSION™.

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3 Count: One More AI Lawsuit…

Plagiarism Today

Google sued by artists over image generation AI, OpenAI inks deal with the Financial Times and Fearless Girl creator settles case with bank. The post 3 Count: One More AI Lawsuit… appeared first on Plagiarism Today.

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On the Internet, “Partners” Don’t Hear You Scream: Spotify CEO Makes a $350M “Bundle” While Sticking Songwriters with an ESG “Bundle” of Crap

The Trichordist

Spotify CEO Daniel Ek makes a $350 million bundle off of selling Spotify stock at the same time he extracts profits by reducing songwriter royalties.

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Cannabis Rescheduling and What It Means for Trademark Owners

JD Supra Law

What was hinted at in the fall of 2023 appears to be heading towards reality as reports circulate that the U.S. Drug Enforcement Administration (DEA) has agreed to reschedule marijuana—or cannabis, as most in the industry prefer—from Schedule I to Schedule III status under the Controlled Substances Act (CSA).

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art. References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known.

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Escape from Tarkov’s Developers Make a Dumb Plagiarism Allegation

Plagiarism Today

Battlestate Games, the makers of Escape from Tarkov, accuse a competitor of plagiarism in a very unwise move. The post Escape from Tarkov’s Developers Make a Dumb Plagiarism Allegation appeared first on Plagiarism Today.

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11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit

IP Law 360

The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.

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USPTO Announces Request for Comments: AI's Impact on Prior Art and the PHOSITA

JD Supra Law

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures.

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Infographic | Shakespeare and Intellectual Property

Olartemoure Blog

In the Elizabethan time, plagiarism in theater and in literature wasn’t viewed as it is today. Authors like Shakespeare freely drew inspiration from various sources. A clear example can be seen in “Romeo and Juliet,” where Shakespeare took a lot from Arthur Brooke’s poem, “The Tragical History of Romeus and Juliet,” published in 1562 , but enriched the story and characters.

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3 Count: Spotify Robots

Plagiarism Today

Lawsuit over Tiger King music is dismissed, Protecting Lawful Streaming Act sees its first conviction and band outs Spotify copycats. The post 3 Count: Spotify Robots appeared first on Plagiarism Today.

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How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

IP Law 360

Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.

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Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallicunations

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.

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When Are Nonprofits Exempt From Sales Tax? Sales and Use Tax Exemption – Cogency Global

Cogency Global

What this is : Most nonprofits are exempt from federal and state income tax, and they are also frequently exempt from real property tax. But the one tax exemption that even nonprofits sometimes find elusive is sales tax. What this means : Considering the varying state processes for obtaining sales tax exemption along with specific charitable use requirements, it can be challenging to determine where, when and how a nonprofit organization qualifies for a sales tax exemption.

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3 Count: Privacy vs. Piracy

Plagiarism Today

More newspapers sue Microsoft and OpenAI, CJEU rules Hadopi is legal and Netflix wins dismissal of King of Collectibles lawsuit. The post 3 Count: Privacy vs. Piracy appeared first on Plagiarism Today.

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Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss

IP Law 360

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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Google Removes Pirate IPTV Services From UK Search Results

TorrentFreak

The United Kingdom is no stranger to website blocking. The High Court granted permission for a blockade against Newzbin2 in 2011 ; The Pirate Bay and numerous other targets were blocked soon after. A rough inventory carried out by TorrentFreak recently revealed that blocked domains, including subdomains, now exceed 10,000 separate targets. That’s a conservative estimate.

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April 2024 Roundup of Copyright News

Copyright Alliance

In April, the creative community celebrated World IP Day amid a flurry of copyright related activities. Congress was busy with a variety of copyright issues with an AI and authorship […] The post April 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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Columbia Unviersity President Targeted with Plagiarism Allegations

Plagiarism Today

Nemat “Minouche” Shafik, the President of Columbia University, is facing allegations of plagiarism. Here's why her case is different. The post Columbia Unviersity President Targeted with Plagiarism Allegations appeared first on Plagiarism Today.

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PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent

IP Law 360

A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions.

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Anti-Piracy Veteran Tim Kuik Retires After Leading BREIN for a Quarter Century

TorrentFreak

In the summer of 2009, hackers from all over the world gathered at an outdoor conference near Vierhouten in the Netherlands. The event was mostly a meetup of like-minded geeks, but one person stood out a mile; Tim Kuik, director of anti-piracy group BREIN. Kuik joined a panel discussion where he calmly explained why his organization helped rightsholders to shut down pirate sites.

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Site-blocking: can the U.S. finally get it done?

The Illusion of More

The Motion Picture Association (MPA) has prefaced a renewed interest in site-blocking legislation to combat piracy. Will things be different this time? When the internet industry killed the antipiracy bills SOPA and PIPA in January 2012, I was a newbie blogger but guessed at the time that those parties had totally blown their wad on […] The post Site-blocking: can the U.S. finally get it done?

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A Frequent Mistake—Undoing an Assembly Line—Part 1

Christopher Roser

Assembly lines are everywhere in mass production. From mobile phones to cars to airplanes, almost all items produced in large quantities come from an assembly line. Just look around you wherever you are and try to find a produced item that did NOT come from an assembly line. My general recommendation is that if you. Read more The post A Frequent Mistake—Undoing an Assembly Line—Part 1 first appeared on AllAboutLean.com.

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Where VLSI-Intel's High-Stakes Patent Battle Stands Now

IP Law 360

Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.

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Pirate IPTV Owner’s Conviction First Ever Under Protecting Lawful Streaming Act

TorrentFreak

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time. One way or another, file-hosting and BitTorrent sites could be linked to the unlicensed reproduction and distribution of copyright works, both of which carry felony charges.

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The Law Bytes Podcast, Episode 201: Robert Diab on the Billion Dollar Lawsuits Launched By Ontario School Boards Against Social Media Giants

Michael Geist

Concerns about the impact of social media on youth have been brewing for a long time, but in recent months a new battleground has emerged: the courts, who are home to lawsuits launched by school boards seeking billions in compensation and demands that the social media giants change their products to better protect kids. Those lawsuits have now come to Canada with four Ontario school boards recently filing claims.