Sat.May 27, 2023 - Fri.Jun 02, 2023

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What Yoga Has Taught Me About Trademarks

Erik K Pelton

The following is an edited transcript of my video “ 5 Things Yoga Taught Me About Trademarks “ Lately, I’ve been trying to get back into a routine of practicing yoga, at least once a week. I really enjoy practicing yoga – It’s great for your body, mind, and so many different ways. Because I’m such a trademark-focused person, I want to share five things that yoga has taught me about trademarks.

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The Major Obstacle to Detecting AI Writing

Plagiarism Today

There are countless tools to detect AI writing, however, all of them have a critical weakness. None give us the certainty to act. The post The Major Obstacle to Detecting AI Writing appeared first on Plagiarism Today.

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Beware of latest trademark scam from “TM Service”

Erik K Pelton

Unfortunately, I received a new scam in the mail this week. A few weeks after filing a new trademark application, the letter pictured below arrived. The postage and envelope were from Germany! The scam is for a bogus publication that is worthless. And the cost for this “TM Service” from “EUUS TM Unique Service” is listed as 1460.00 US per year!

Trademark 130
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The WGA Strike and its Impact on Hollywood North

Hugh Stephens Blog

As the Writers’ Guild of America (WGA) strike grinds on with no end in sight, the impact is being felt not just in the US where picketing has halted some productions. Given the global production of US studios, the strike has echoes in the UK, Canada, Australia and elsewhere.

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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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Iconic Torrent Site RARBG Shuts Down, All Content Releases Stop

TorrentFreak

Founded in 2008, RARBG evolved to become a key player in the torrent ecosystem. The site didn’t only attract millions of monthly visitors from all over the globe, it was also a major release hub, bridging the gap between the Scene and the broader pirate public. Today, the site’s fifteen year run unexpectedly came to an end. In a message posted on the site’s front page, the team says its farewells.

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Toronto District School Board Faces Plagiarism Controversy

Plagiarism Today

The Toronto District School Board is facing a new plagiarism scandal, this one involving a divisive report that they hoped would help them. The post Toronto District School Board Faces Plagiarism Controversy appeared first on Plagiarism Today.

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UKIPO Issues New Trademark Guidance on NFTs, the Metaverse and Virtual Goods

IP Watchdog

On April 3, 2023, the UK Intellectual Property Office (UKIPO) issued much needed guidance on how digital goods and services – namely non-fungible tokens (NFTs), virtual goods, and services provided in the metaverse – should be classified for trademark purposes.

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RARBG Shutdown is a Major Blow to the Pirate Ecosystem

TorrentFreak

Pirate sites come and go, often without being noticed by the public at large. That was certainly not the case when RARBG said its goodbyes yesterday. The popular torrent site had millions of daily users spread across several domain names. This included the flagship.to domain which currently displays a farewell message. After a brief intermezzo, many users simply began their search for alternatives, perhaps unaware that the effects of RARBG’s shutdown go beyond the site itself, leading to a

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3 Count: Dynamic Blocking

Plagiarism Today

Dutch court approves dynamic site blocking injunction, Street Fighter 6 will include Denuvo and agreement reached on music metadata in the UK. The post 3 Count: Dynamic Blocking appeared first on Plagiarism Today.

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Questioning Conventionality and Redefining Process in Patent Eligibility Law

Patently-O

by Dennis Crouch In CareDx v. Natera , an intriguing amicus brief was recently filed by the Honorable Paul Michel (Ret.) and Professor John Duffy in support of the patentee petitioners Stanford and CareDx. The brief advocates for the clarification of patent-eligibility law, and criticizes the Federal Circuit’s handling of the case. The filing of the brief has seemingly prompted the Supreme Court to request a response from the accused infringers, after they initially waived their right to d

Law 113
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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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Salesforce Reexams Vacated Because It Was Real-Party-in-Interest in RPX IPR

IP Watchdog

One of the most intriguing, and frankly long overdue, reforms the United States Patent and Trademark Office (USPTO) needs to consider is putting an end to the practice of for-profit entities like Unified Patents and RPX filing petitions challenging a patent. This practice has recently been called into question by the USPTO through an Advance Notice of Proposed Rulemaking (ANPRM) published in the Federal Register.

Invention 114
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A BitTorrent Client WebUI Shouldn’t Be Shared With The Entire Internet

TorrentFreak

The word ‘open’ in a connected world can be something positive. Open source, for example, or open library. On other occasions the opposite can be true; unnecessary ports left open on a router springs to mind. For millions of people using devices that appear to configure themselves, whether something is open or closed is irrelevant. If a device immediately works as promised, oftentimes that’s good enough.

IP 143
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3 Count: Not-so Goldin Touch

Plagiarism Today

Netflix's King of Collectibles is sued over show idea, Google takes down Downloader app and USPTO launches new roundtable on piracy. The post 3 Count: Not-so Goldin Touch appeared first on Plagiarism Today.

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May 2023 Roundup of Copyright News

Copyright Alliance

In May, the U.S. Supreme Court finally issued its long-awaited decision in the Andy Warhol Foundation v. Goldsmith case, reining in the transformative use test under the first fair use […] The post May 2023 Roundup of Copyright News appeared first on Copyright Alliance.

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Iancu Agrees Key USPTO ANPRM Proposals Should be Handled by Congress

IP Watchdog

Former Director of the U.S. Patent and Trademark Office (USPTO) Andrei Iancu, who is now a partner with Irell & Manella, told attendees of an Orrin G. Hatch Foundation webinar today that many of the proposals in the USPTO’s recent Advance Notice of Proposed Rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices should be legislated by Congress.

Patent 111
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Music Company Asks Google to Delist ‘YouTube Downloader’ Wikipedia Article

TorrentFreak

A few years ago, the RIAA started targeting YouTube ripping sites by sending relatively rare takedown requests to Google. Instead of the usual DMCA copyright notices, the music group asked the search engine to remove various URLs for alleged violations of the DMCA’s anti-circumvention provision. The delisting requests are supposed to make it harder for people to find ‘YouTube MP3 download’ sites in search results.

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3 Count: Blocked Dolphins

Plagiarism Today

TI and Tiny lose copyright case to MGA, Videotron wins key decision in Canada and Nintendo stops emulator from debuting on Steam. The post 3 Count: Blocked Dolphins appeared first on Plagiarism Today.

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Relitigating Cariou:  Why Fine Art Will Still Be Fine After Warhol v. Goldsmith

The Illusion of More

Although the most straightforward cases of fair use thus involve a secondary work that comments on the original in some fashion, in Cariou v. Prince, we rejected the proposition that a secondary work must comment on the original in order to qualify as fair use. – 2nd Circuit Court of Appeals in Warhol v. […] The post Relitigating Cariou: Why Fine Art Will Still Be Fine After Warhol v.

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Towards a Better Patent System, Part Two: USPTO Fees

IP Watchdog

In my previous article, I made a modest proposal for improving one aspect of patent examination by requiring applicants to identify support in the specification for new and amended claims. That suggestion was premised on my firm conviction – based on 34 years at the United States Patent and Trademark Office (USPTO) in roles ranging from examiner to Commissioner for Patents – that we must improve the quality of examination if we want the United States to remain on a par with patent offices in oth

Patent 109
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Flawless IPTV: Men Behind UK’s Largest Pirate Service Jailed For 30+ Years

TorrentFreak

Operating from 2016 until 2018, the Flawless IPTV service copied subscription TV broadcasts from official (and unofficial) sources and then restreamed that content to tens of thousands of customers, at a dramatically cut down price. For many UK football fans, Flawless granted access to the sport they love, at a price they could afford. Others viewed the service quite differently.

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Delhi High Court clears the air around Copyright of Satyajit Ray’s ‘Nayak’

SpicyIP

Image accessed from here In another landmark development concerning the right of authors of underlying work, the Delhi High Court on May 23 in RDB and Co. HUF v. HarperCollins Publishers India Pvt. Ltd. held that the screenplay of the Bengali film Nayak was ‘entirely the work of Satyajit Ray’ and that the right to novelise the screenplay of the same would vest in him.

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Guest Post: Jillian Grennan, Charting New Paths in Innovation: Reflections from Harvard’s Innovation Economics Conference

Patently-O

(Editor’s note: (This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here , and resources from the first conference of the initiative are available here. -Jason) By: Jillian Grennan , Associate Professor of Finance and Principal, Diversity Pilots Initiative Recently, I had the privilege of being part of the Junior Innovation Economics Conference at Harvard Business School.

Inventor 104
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Countdown to the Unified Patent Court, Part V: Five Predictions for the UPC on Day One

IP Watchdog

The Unified Patent Court (UPC) is now a reality. The Court opens its doors tomorrow, June 1, 2023. In the past four articles, we have aimed to dispel myths about some of the key aspects of the UPC. Part 1 focused on the designated UPC judges, Part 2 on the timelines, Part 3 on the remedies that are available at the UPC and finally Part 4 on the financial aspects of the UPC.

Patent 107
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Music Pirates are Not Terrorists, Record Labels Argue in Court

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came four years ago when the Internet provider lost its legal battle against a group of major record labels. $1 Billion Appeal 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 to the labels.

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6 Tips for Doing Business in US Territories

Cogency Global

What this is: Businesses may be interested in conducting operations in US territories for several reasons, including access to the larger US market, favorable tax laws and incentives, a more stable political and economic environment, access to skilled labor and infrastructure and cultural proximity to the mainland US. What this means: However, don’t assume that you can just “jump in” and start doing business in US territories.

Business 101
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How Attorneys Can Help Combat Anti-Asian Hate

IP Law 360

Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

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Patent Office Cancels Patents for Inadequate Voluntary Disclosure in IPRs

JD Supra Law

Inter partes reviews (IPRs) are litigation-like procedures held before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office that are used to challenge the validity of patents. Typically, an IPR takes a year, and the PTAB will rule on the validity of the challenged patent only after considering extensive briefing and expert testimony on the merits of the patent and prior art.

Patent 98
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Yout Counters RIAA in Court, Quoting Lyrics & Highlighting YouTube’s Absence

TorrentFreak

At the end of 2020, the operator of one of the largest YouTube rippers took the unprecedented step of taking the music industry to court. Yout.com’s Johnathan Nader was fed up with a bombardment of DMCA takedown requests and alleged defamatory claims. In response, he sued the RIAA , asking the federal court in Connecticut to declare his service non-infringing.

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Swimming in the AI Data Lake: Why Disclosure and Versions of Record Are More Important than Ever

Velocity of Content

This article originally appeared in The Scholarly Kitchen. Bear with me while I torture an analogy between an actual lake and the training corpus (“ data lake ”) of an artificial intelligence (AI) system. You are hiking on a hot day in an area neither remote nor urban. You come upon a lake that has a self-service canoe rental. You are hot, thirsty, and enjoy canoeing.

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Mintz Adds Ex-Kirkland Patent Litigator In Calif.

IP Law 360

Mintz Levin Cohn Ferris Glovsky and Popeo PC is beefing up its intellectual property practice in its San Diego office, as it has nabbed an experienced patent litigator from Kirkland & Ellis LLP with a focus on technology and life sciences.

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“Robo Rules” – U.S. Copyright Office Publishes Guidance on Works Containing Artificial Intelligence

JD Supra Law

The U.S. Copyright Office has published copyright registration guidance on works containing material generated by artificial intelligence technology. The statement of policy clarifies its practices for examining and registering works that contain AI contributions and describes how the Office applies copyright law’s human authorship requirement.

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Controversial Pirate IPTV Supplier Investigated After Bell Complaint

TorrentFreak

Rising interest in pirate IPTV services over the past several years has led to a limited number of people meeting demand while making considerable sums of money. Technical ability, insider knowledge, and a keen eye for business all help to maximize pirate IPTV suppliers’ profits, but there can be considerable drawbacks too. The problem isn’t making big money, it’s managing to hold onto it when law enforcement agencies take an interest.

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Workflow of the Future: Sustainable Business Models

Velocity of Content

In early May, CCC hosted “ Workflow of the Future: Sustainable Business Models ,” the fifth event in a series designed to help facilitate important conversations on critical topics related to standards, including sustainability. Moderated by Jonathan Clark, the panel featured highly experienced leaders in the standards development organization (SDO) community, including Joan O’Neil , Chief Knowledge Officer of ICC; Hans Arne Rykkelid , CEO of Standards Digital AS; Leslie McKay , Senior Manager o

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Extend the Deadline: My Submission to the CRTC on its Deeply Flawed Bill C-11 Consultations

Michael Geist

The CRTC’s Bill C-11 consultations are off to a rocky start with mounting concern over short deadlines that may limit public participation and reduce the quality of the submissions. A dozen groups have asked the Commission to extend the deadlines with more groups joining in the call. The deadline for comment on the extension ended yesterday and I navigated an exceptionally difficult consultation process (more on that shortly) to submit the comments posted below.

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The digital markets act

Olartemoure Blog

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. The purpose of this new regulation is that companies acting as gatekeepers in the online platform economy will stop committing unfair market practices.