Sat.Mar 12, 2022 - Fri.Mar 18, 2022

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Professor Sues Cheating Student for Copyright Infringement

Plagiarism Today

Yesterday, a report by Scott Schwebke at the Orange Country Register highlighted a lawsuit filed by Chapman University processor David Berkovitz, who has filed a lawsuit against a John Doe student that he accuses of posting questions from his exam online. According to the lawsuit, during the spring 2021 semester Berkovitz was teaching a Business 215 class, during which he gave both a midterm and a final exam to the students.

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Most Valuable Trademark Features of the USPTO Website

Erik K Pelton

The following is an edited transcript of my video Most Valuable Trademark Features of the USPTO Website. Did you know that the U.S. Patent and Trademark Office has a very robust website that has tons of useful information? In fact, it has so much useful information that it can be overwhelming at times, and that’s even for someone who uses it frequently and is very knowledgeable about all the ins and outs of trademarks.

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Requiring Digital Platforms to Pay for Using News Content: Canada Follows Australia’s Lead—But Not Precisely?

Hugh Stephens Blog

Earlier this month I wrote about online safety legislation and noted how Canada is following Australia’s lead in developing a regime that would, among other things, create a Digital Safety Commissioner (called the eSafety Commissioner in Australia), as well as imposing requirements on internet platforms to monitor for, and expeditiously take down, certain types of … Continue reading "Requiring Digital Platforms to Pay for Using News Content: Canada Follows Australia’s Lead—But Not Precisel

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YouTube Vanced App Forced to Shut Down ‘For Legal Reasons’

TorrentFreak

There are millions of websites available today, most of which remain completely unknown to the majority of internet users. If you had to pick one known to everyone, though, YouTube would be a pretty safe bet. Most people agree that YouTube is a fantastic platform but over the years the ad-supported free tier has become very frustrating. It has ads – lots of ads – many of which inexplicably appear at the most inconvenient and irritating times.

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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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Vimeo and the Problem of Content Held Hostage

Plagiarism Today

In January of this year, Channel 5 , a Patreon-funded documentary web channel, had all their backer videos suddenly disappear. According to a post they published, this resulted in more than 200 angry messages and the loss of some 500 patrons, including several lifetime patrons. The reason, according to them, was simple: Vimeo was holding their Patreon catalog hostage.

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Brand Protection Cheat Sheet

Erik K Pelton

Erik’s new cheat sheet lists the key steps a new brand should take to get started on a strong legal trademark foundation. For more, see [link]. The post Brand Protection Cheat Sheet appeared first on Erik M Pelton & Associates, PLLC. Erik’s new cheat sheet lists the key steps a new brand should take to get started on a strong legal trademark foundation.

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More Trending

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LimeWire Founder “Not Thrilled” That ‘Strangers’ Exploit the Brand for NFT Marketplace

TorrentFreak

In a world that’s dominated by viral social media posts and catchy headlines, branding is everything. Controversial statements and recognizable names are a great way to gain visibility. This attention can then be monetized. LimeWire Comeback? Last week we noticed that one of the most iconic file-sharing brands was making headlines once again. According to numerous news articles, LimeWire is making a comeback as an NFT marketplace.

Branding 141
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Trying to Understand the Motives of ‘The Spine Collector’

Plagiarism Today

Myself, like many others that read news about the publishing industry, have been following the off-and-on of a person known as The Spine Collector. . Though the name originates from an August 2021 article by Reeves Wiedeman and Lila Shapiro in Vulture , many reporters had written about the story well before that, including an October 2018 article in Publishers Weekly and a December 2020 article by the New York Times.

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New Tools and Procedures Under the Trademark Modernization Act

Erik K Pelton

I recently gave a presentation regarding the Trademark Modernization Act. Since the material was very well received, I thought it would be useful to share my slides more widely here: New Tools and Procedures Under the Trademark Modernization Act from erikpelton. Trademark Modernization Act. Background. Expungement. Re-examination proceedings. Letters of protest.

Trademark 147
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Rejections Prior to Issuance

Patently-O

by Dennis Crouch. I recently posted a chart showing that there is a significant difference in technology focus of patents tied to US-Inventors as compared with Non-US-inventors. The following chart looks at the file histories of U.S. patents and asks what percentage received a rejection prior to issuance (blue) and what percentage received a Section 101 rejection prior to issuance (issued patents 2015-2020).

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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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Court Overturns ‘Pirate’ IPTV Prison Sentences Due to Unenforceable Copyrights

TorrentFreak

Online piracy exists in many shapes and forms. Torrent sites were dominant a decade ago, but these have long been eclipsed by streaming portals. IPTV services have grown in popularity as well. In some cases, these offer access to live sports and TV programming without the permission of rightsholders. A few years ago, Advanced TV Network (ATN) was a dominant player in the Swedish IPTV market.

Copyright 137
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3 Count: Dark Horse Dismissal

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Katy Perry Wins in Dark Horse Copyright Appeal. First off today, Mark Savage at the BBC reports that Katy Perry has emerged victorious once again in the lawsuit over her 2013 song Dark Horse. The lawsuit was filed in 2014 by musician Marcus, Gray, who claimed Dark Horse was an infringement of his earlier song, Joyful Noise.

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Spotify’s ESG Fail: Social

The Trichordist

By Chris Castle [This post first appeared on MusicTechSolutions.] [This post is Part 2 of a three part post on Spotify’s ESG Fail, and is an extension… Read more "Spotify’s ESG Fail: Social".

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Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

IP Watchdog

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. (collectively “Moderna”) in the United States District Court for the District of Delaware. The plaintiffs have alleged that Moderna infringed U.S.

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Major Streaming Piracy Sites Have Their Domain Names Suspended

TorrentFreak

Over the years, pirate streaming services have eclipsed torrent sites and direct download portals in popularity. These streaming sites are seen as a massive problem in Hollywood, which made it a priority to shut them down. The MPA and ACE are actively trying to find out who’s behind these sites, through DMCA subpoenas for example. However, there are other means to hit these streaming portals as well.

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3 Count: International Incidents

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Is Getting NFTs But What the Hell Does That Mean? First off today, Matt Novak at Gizmodo reports that, in a talk at South by Southwest, Meta CEO Mark Zuckerberg announced that NFTs were coming to Instagram and that users “would be able to mint things within that environment.” NFTs, or non-fungible tokens, have seen both big sales and big business in the past year.

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HitPiece Infringes Music Creators’ IP Rights: The Impact of NFTs in the Music Industry

IPilogue

Photo by C D-X ( Unsplash ). Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . On February 4, the Recording Industry Association of America (“RIAA”) sent a demand letter to HitPiece.com’s lawyer and its founders, demanding that it stops infringing music creators’ intellectual property rights. HitPiece.com was generating controversy prior to the demand letter, with several users calling it a scam NFT site.

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The CFAA “Gates-Up-or-Down” Metaphor Is Baffling Courts–ACI v. Conservice (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy. I have a friend who is a professor of literature. He once joined a book club with other professors of literature dedicated to analyzing James Joyce’s notoriously opaque classic, Finnegan’s Wake. They met weekly and combed through the book line by line, trying to make sense of all the dense metaphors and obscure references.

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PrimeWire Removes Pirate Movies & TV Shows To Frustrate Court Injunctions

TorrentFreak

Last December, Paramount, Universal, Warner, Columbia, Disney and Netflix sued long-running pirate streaming site PrimeWire. The companies accused PrimeWire of encouraging users of the site to upload links to pirated content and facilitating access to those movies and TV shows via a curated index, in breach of copyright. According to the plaintiffs, VOD services such as Disney+, HBO Max, Hulu, Netflix, Paramount+, and Peacock have been damaged by PrimeWire’s existence.

Copyright 136
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UNC-Chapel Hill Vice Chancellor Resigns After Admitting Plagiarism

Plagiarism Today

Last week, the United States Office of Research Integrity (ORI) made its first finding of 2022 , and it was a voluntary settlement agreement between themselves and Terry Magnuson, a researcher at the University of North Carolina Chapel Hill. . The issue was straightforward, according to the ORI, Magnuson had submitted an application for a grant in March 2021.

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It’s Time for NIH to Uphold the Law, Once Again

IP Watchdog

As discussed previously, the critics are in full howl now that their attempts to enact legislation controlling drug prices has failed once again. They are applying unprecedented political pressure on Secretary Xavier Becerra at the Department of Health and Human Services (HHS) to misuse the march in provisions of the Bayh-Dole Act to accomplish their goal.

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Welcome Judge Leonard Stark

Patently-O

Congratulations and hearty welcome to Judge Leonard P. Stark who was sworn in today as #40. The 40th Judge appointed to the Court of Appeals for the Federal Circuit. The court is now back up to its full complement of 12 circuit court judges along with 7 judges on senior status. The court released a photo showing Chief Judge Kimberly Moore administering the oath of office.

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Torguard Settles Piracy Lawsuit and Agrees to Block Torrent Traffic on U.S. Servers

TorrentFreak

Amidst growing concerns surrounding online privacy and security, VPN services have become increasingly popular in recent years. Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. As with regular Internet providers, a subsection of these subscribers may be engaged in piracy activities. Over the past few years, we have seen copyright holders take several ISPs to court, accusing them of failing to disconnect repeat copyright infringers.

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3 Count: Suspended Domains

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Village Roadshow’s Legal Battle Against Warner Bros. Can Proceed, Judge Says. First off today, Winston Cho at The Hollywood Reporter Esquire reports that Village Roadshow has notched a minor victory in its fight against Warner Bros. over Warner’s alleged mishandling of several of its films.

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What it Means that Russian Businesses Can Now Legally Steal Intellectual Property from ‘Unfriendly Countries’

IP Watchdog

Russian businesses now hold the key to pilfering, producing and profiting from western technologies. As of Monday, March 7, the Russian government has legalized intellectual property (IP) theft. With this move, businesses in Russia can now violate IP rights, as they no longer need to compensate patent holders from “unfriendly countries.” The list of “unfriendly countries” includes the United States, Canada, Australia, Switzerland, Norway, Iceland, the United Kingdom, Japan, South Korea, New Zeal

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Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. Fuxi’s lawyer, Haoyi Chen of Arch & Lake , allegedly sent multiple takedown notices to Amazon, which caused Amazon to suspend the Sunny Factory. The suspension allegedly cost Sunny Factory $500k/month of sales (that’s a lot of candles).

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Obviousness: Ranges and Substitutions

Patently-O

by Dennis Crouch. Almirall, LLC v. Amneal Pharmas LLC ( Fed. Cir. 2022 ). The court here affirms a PTAB conclusion cancelling claims 1-8 of Almirall’s U.S. Patent 9,517,219 as obvious. The patent claims a method of treating acne/rosacea using a particular formulation: Active Ingredient : about 7.5% dapsone; Solvent : about 30% to about 40% diethylene glycol monoethyl ether; Gelling Agent : about 2% to about 6% of A/SA; and. water; [note – I edited these for compactness].

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3 Count: Worlde Close Cease

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Chris Brown, Drake Fire Back at ‘Egotistical’ Claim in ‘No Guidance’ Copyright Lawsuit. First off today, Nancy Dillon at Rolling Stone reports that Chris Brown and Drake have hit back at a lawsuit filed against them over their 2019 hit No Guidance saying that it’s not egotistical to say that they can’t follow all “82 million songs on Spotify.” The case was filed by Braindon Cooper, who clai

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USPTO Report Says IP-Intensive Industries Account for 44% of All U.S. Employment, Pay 60% More

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today released its third in a series of reports quantifying the contributions of IP-intensive industries to the U.S. economy. The report found that, in 2019, IP accounted for 41% of domestic economic activity and that IP-intensive industries accounted for 63 million jobs, or 44% of all U.S. employment. Direct employment accounted for 47.2 million jobs in 2019, or 33% of total U.S. employment.

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“Murky Terms of Purchase and Ownership”: Nike Sues StockX Over Virtual Sneaker NFTs

IPilogue

Photo by Hermes Rivera ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. For those of you like me who have survived this long asking the question “what is an NFT?” and requiring someone to repeat their answer after you zoned out, here is the definition: Non-fungible token (“ NFT ”): a digital asset that represents real-world objects like art, music, in-game items, and videos.

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Surviving a Motion to Dismiss in a Data Breach Case

Patently-O

by Dennis Crouch. Coffey v. OK Foods , 2:21-CV-02200, 2022 WL 738072 ( W.D. Ark. Mar. 10, 2022 ). Coffey applied for a job with large poultry producer OK Foods (owned by Bachoco). The online application required her to provide substantial personally identifiable information (PII), including her name, SSN, birthdate, etc. She got the job. At some point a few years later OK Foods computer system was hacked and Coffey’s information was exposed (along with that of thousands of other employee

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Triller Abandons Multi-Million ‘Jake Paul’ Fight Copyright Infringement Lawsuit

TorrentFreak

Jake Paul vs Ben Askren was one the most-hyped boxing events of recent years, despite the former having limited experience in the boxing ring and the latter having none. Askren was quickly knocked out in the Triller-promoted match, giving fans poor value for their PPV spend. Well, those who paid for it, at least. Soon after the event was over, Triller promised a scorched-earth approach to all pirates, from those who simply watched the fight to those who allegedly facilitated access to it.

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Latest WTO Waiver Compromise Text Targets COVID Vaccine Patents, Draws Criticism from Both Sides

IP Watchdog

Reports overnight indicated that the European Union, United States, India and South Africa have reached a compromise on language for a waiver of intellectual property rights related to COVID-19 vaccine technology under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The compromise is not final and still must get official approval from all 164 World Trade Organization (WTO) member countries.

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A Tale of Reconciliation: The Australian Way

IPilogue

Photo by Johan Mouchet ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LLM candidate at Osgoode Hall School of Law. The Australian Indigenous community just scored a major win for their cause to reverse colonialism. It was undoubtedly an ambitious attempt and one that I personally did not expect the government to support. Taking many of us by surprise, the Australian government took a giant step towards reinstating the pride and honour at the core of Indigenous sentimentality by freein

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Which AI Components Are Copyright Protectable and Which Are Not?

JD Supra Law

Background - On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for registration indicated that the artwork was created "autonomously" by "a computer algorithm running on a machine.".

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