Sat.Feb 10, 2024 - Fri.Feb 16, 2024

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Why is There So Much Plagiarism Right Now?

Plagiarism Today

Plagiarism has been in the headlines more than ever before, but why does it feel like people are finding plagiarism everywhere they look? The post Why is There So Much Plagiarism Right Now? appeared first on Plagiarism Today.

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25 Trademark Application Tips

Erik K Pelton

Celebrating our 25th year with 25 trademark application tips. Protect your brand with trademark registration and schedule a free initial consultation with one of our experienced attorneys: [link] The post 25 Trademark Application Tips appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with 25 trademark application tips.

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Moffatt v. Air Canada: A Misrepresentation by an AI Chatbot

Barry Sookman

The recent decision in Moffatt v. Air Canada , 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable for negligent misrepresentations made by a chatbot on a publicly available commercial website.

Law 120
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Joint Inventorship: AI-Human Style

Patently-O

by Dennis Crouch The U.S. Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. The key takeaway here is that the USPTO believes that an AI-developed invention is patentable so long as a human satisfies the joint-inventorship standard of “significantly contributing to the inve

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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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3 New Copyright Claims Board Decisions

Plagiarism Today

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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Traditional Knowledge on the agenda for 2024

The IPKat

From a long-awaited WIPO Diplomatic Conference , to the debates about the Traditional Knowledge Bill in India, and the release of new guidelines on the use of traditional knowledge in Australia, this year may prove the busiest yet for the relationship between intellectual property and traditional knowledge. This Big Kat is thinking about the big issues for IP in the coming year.

More Trending

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TTABlog Test: Is MENSTRUATION CRUSTACEON Merely Descriptive of Microwavable Heating Pads?

The TTABlog

The USPTO refused to register the proposed mark MENSTRUATION CRUSTACEON for "Microwavable heating pads not for medical purposes," finding the mark to be primarily merely descriptive under Section 2(e)(1). Applicant argued, among other things, that "the rhyming, incongruous qualities of MENSTRUATION CRUSTACEAN" and its "humorous, rhyming cadence". "captures the consumer’s attention and identifies Applicant as the source of the goods.

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3 Count: Hidden Piracy

Plagiarism Today

OpenAI gets courtroom victory, Travis Scott sued over unlicensed samples and Apple removes sneaky piracy app from app store. The post 3 Count: Hidden Piracy appeared first on Plagiarism Today.

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The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

JD Supra Law

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did not dispute that she used Sedlik’s photo as a reference for a tattoo she performed on a friend. The jury decided that Kat Von D’s inked rendering of the jazz artist was not substantially similar to Sedlik’s portrait, and Sedlik’s portrait in social media posts was covered.

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Guest Book Review: Teaching Intellectual Property Law

The IPKat

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University. This review is kindly provided by Thorsten Lauterbach, Teaching Excellence Fellow at the Robert Gordon University in Aberdeen, passionate about IP Law sinc

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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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Community Partner Spotlight: The Ella Project

Copyright Alliance

Today, we turn the spotlight over to one of our community partners, The Ella Project. They are dedicated to providing “pro bono legal assistance, arts business services, and advocacy to […] The post Community Partner Spotlight: The Ella Project appeared first on Copyright Alliance.

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3 Count: Out of The Box

Plagiarism Today

Roddy Rich beats lawsuit over The Box, Choreographer settles Fortnite case and MLC sues Pandora over allegedly unpaid royalties. The post 3 Count: Out of The Box appeared first on Plagiarism Today.

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Viral DRM on a copyright lawsuit rampage in California

JD Supra Law

Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California (where YouTube is located), and suing people from the United States and abroad. Their complaints typically allege copyright infringement by using their videos without a license.

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Pirate Site Shut Down For Trademark, Cybersquatting & Copyright Violations

TorrentFreak

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site.

Copyright 111
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SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

SpicyIP

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Som Parkash, the Minister clarified that the existing IPR regime is well-equipped to protect Artificial Intelligence (AI)-generated works, thus indicating no necessity to establish a separate category of rights.

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BREAKING: USPTO Says AI-Assisted Invention Patents Hinge On Humans

IP Law 360

The U.S. Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution.

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Trademark owners, beware: protecting your brand in the era of trademark scams

JD Supra Law

An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly legitimate trademark practitioners.

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Can You Smell What The Rock is Trademarking? A Look at IP Protection

Greenspoon Marder LLP

By: Monifa Hall, Esq. In the ever-evolving landscape of entertainment and entrepreneurship, one man has stood out as an icon of success: Dwayne “The Rock” Johnson. Beyond his towering presence in the wrestling ring and his blockbuster performances on the silver screen, Johnson has demonstrated savvy business acumen. His recent acquisition of full ownership rights to “The Rock” trademark serves […] The post Can You Smell What The Rock is Trademarking?

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Universal Health Network v.  Adiuvo Diagnostics Private Limited: Clarity on Writ Jurisdiction against Orders from the IPO 

SpicyIP

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. Assessing this decision in light of the Delhi High Court’s judgement in Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents , we are pleased to bring to you this post by Vishno Sudheendra.

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Infographic | Valentine’s day patents

Olartemoure Blog

Valentine’s Day is the day to celebrate love! We express love in different ways, through gifts, dates, kisses, food, etc. Today we want to talk about how intellectual property is always present, from heart-shaped diamonds to innovative dating systems. Get to know a bit more about these patents that have added a touch of creativity and technology to the season of love.

Patent 105
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NCAA Adopts Proposal for Stricter Name, Image, and Likeness Rules for Student-Athletes

JD Supra Law

On January 10, 2024, the National Collegiate Athletic Association’s (NCAA) Division I Council unanimously adopted a proposal for stricter student-athlete protections related to name, image, and likeness (NIL) rules.

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CAFC Okays USPTO Process for Promulgating Domicile Address Requirement

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today said in a precedential decision that the U.S. Patent and Trademark Office (USPTO) did not need to engage in notice-and-comment rulemaking to require trademark applicants and registrants to provide a physical street address with their trademark applications. The court took the case as an opportunity to directly address “when a rule is procedural and excepted from notice-and-comment rulemaking as a ‘rule[] of agency organization, proce

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E&Y Report on The Rise of Music Publishing India: Reflections from an IPR Perspective

SpicyIP

Every year, a diverse community of over 40,000 music creators in India produces a remarkable 20,000 to 25,000 original songs! This sector contributes substantially to India’s revenue, accounting for over INR 12,000 crore, translating to approximately 6% of the entire Media and Entertainment industry. The country’s music publishing industry has grown significantly, reaching INR 845 crore during FY 2022-23.

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Infographic | Trademarks 101: super bowl exclusivity

Olartemoure Blog

Arguably the most important sports event in the U.S.A., the Super Bowl moves billions of dollars, mainly through advertising. The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark.

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Federal Circuit affirms district court finding of no induced or contributory infringement of generic depression drug

JD Supra Law

In H. Lundbeck A-S v. Lupin Ltd., Case No. 2022-1194 (Fed. Circ. December 7, 2023), Plaintiffs, H. Lundbeck A/S (“Lundbeck”) and Takeda Pharmaceutical Company Ltd., Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals International AG, and Takeda Pharmaceuticals America, Inc. (collectively “Takeda”) appealed a District of Delaware ruling that several generic pharmaceutical company defendants’ Abbreviated New Drug Applications would not infringe its U.S.

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Playing From The Rough: Kirkland Signature™ Irons and The Doctrine of Equivelents

Patently-O

Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri and a registered patent agent. He has an extensive background in chemistry and food science. Before law school, he was a greenskeeper at a local golf course. TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement

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SpicyIP Tidbit: CGPDTM Launches Open House Helpdesk Portal

SpicyIP

Image from here In a welcome development, the office of Controller General of Patents, Designs and Trade Marks (CGPDTM) launched the Open House Helpdesk Portal on February 14, to “provide swift and effective resolution to the queries and grievances of applicants and stakeholders” on a plethora of issues. Registering oneself with the portal seems pretty straightforward where a person has to put in their name, email id, and mobile phone number.

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Justices To Argue IP Case That Could Cap Copyright Payouts

IP Law 360

Payouts in copyright disputes could be capped to three years from the date of alleged infringement or go back much further after the U.S. Supreme Court considers the long-lingering question of whether the statute of limitations on copyright restricts damages.

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CCC’s Scholarly Communications Suite: A Year in Review

Velocity of Content

Throughout the past year, feedback from the scholarly publishing community was an essential component to enhancing CCC’s market-leading solutions to help publishers of all sizes. Whether managing institutional agreements with RightsLink for Scientific Communications, improving data quality with Ringgold Solutions, or analyzing publication data with OA Intelligence, here is a look back at some key improvements and highlights for CCC’s Scholarly Communications Suite in 2023 resulting from our cont

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Google: Piracy Shield Has Legal Limits, Anti-Piracy Chief: Think Ethics, Do More

TorrentFreak

While anti-piracy enforcement actions are likely to be at the highest level ever seen, there’s no shortage of sites and services surging to millions of monthly visits before appearing to attract negative attention. Piracy services slipping through the net may not have actually done so completely unnoticed, however. Finite anti-piracy resources or strategy may play a role in services staying online, and not every platform warrants immediate attention.

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Navigating Data Privacy & Security In India’s Digitalised Entertainment Sector

IP and Legal Filings

Introduction In an epoch where digitalisation has permeated in almost every aspect, India’s entertainment industry has also seen a major shift in the way people consume entertainment. The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution.

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Marketing Co. Asks Justices To Hear 'Impossible' TM Row

IP Law 360

Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s trademark lawsuit against it.

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Ukrainian Authors and Publishers Fight On

Velocity of Content

When Russian armed forces opened a full-scale invasion of Ukraine on February 24th, 2022, the ordinary lives of millions from Kyiv to Kharkiv were upended. Two years later, Ukrainians have earned the world’s admiration, not only for their courage on the battlefield, but also for their determination to maintain a functioning civil society. The Russian invasion targeted Ukrainian culture as much as the country’s infrastructure.

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Apple’s App Store is Riddled With Popular Piracy Brands

TorrentFreak

Apple is known to have a rigorous app-review policy that aims to keep piracy at bay. In the past, several BitTorrent apps have been rejected from the App Store , for example. Despite these efforts, problematic apps slip through the cracks occasionally. We’ve seen piracy apps disguised as other tools getting approval and a recent report from The Verge shows that this trick still works today.

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Case Analysis: Sanjay Gandhi Memorial Trust V. Cit – Part-2

IP and Legal Filings

Observations Constitution Bench In Kashiram Aggarwalla (Supra) Has Authoritatively Interpreted As Well As Outlined The Scope And Ambit Of Section 127 Of The Act: The court notes that at the time the impugned orders were passed, the Faceless Assessment Scheme was governed by these notifications, not Section 144B of the Income Tax Act. The court considers the scope and interpretation of Section 127 of the Act, which deals with the power of transfer.