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3 Count: ISP Liability

Plagiarism Today

Appeals court gives record companies a major win, delayed Indian film draw copyright lawsuit and fitness celebs settle part of their dispute. The post 3 Count: ISP Liability appeared first on Plagiarism Today.

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25 Ways to Avoid Trademark Scams

Erik K Pelton

The following is an edited transcript of my video 25 Ways to Avoid Trademark Scams. Know that everything you file related to a trademark at the USPTO is in the public records. Use an attorney for many reasons when you’re filing a trademark application, but one of the valuable reasons is they can give you guidance about scams and they can act as a buffer by being the primary contact.

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The Dark Ages of Academic Plagiarism

Plagiarism Today

The modern history of plagiarism is dominated by the evolution of tech. However, there was one particularly dark time that's making a return. The post The Dark Ages of Academic Plagiarism appeared first on Plagiarism Today.

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Smoking in Films: Governments Should Do What is Reasonable and Responsible (Indonesia Please Take Note)

Hugh Stephens Blog

Image: Shutterstock I am a lifelong non-smoker, although this is more by luck than design. When the other kids were lighting up behind the school, I joined them.

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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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Hurricane Milton: Follow Advice from Local Officials and Evacuate if Told to Do So

U.S. Department of Commerce

The National Hurricane Center reports that Hurricane Milton is rapidly intensifying over the Gulf of Mexico as it approaches the west coast of Florida. It will be a major hurricane capable of producing life-threatening storm surges and damaging winds. Storm surge and hurricane warnings are now in effect for portions of the Florida coast, and residents should follow local officials’ advice and evacuate if told to do so.

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[Video] Navigating Intellectual Property Challenges in the Renewable Energy Sector - Energy Law Insights

JD Supra Law

Join Troutman Pepper Partners Bill Belanger and Greg Len for an insightful discussion on the evolving landscape of intellectual property (IP) within the renewable energy sector. Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations.

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Tips for avoiding the latest trademark scams

Erik K Pelton

Trademark scams take all forms, unfortunately. They come by snail mail, by email, by telephone, and via websites. Here are some tips to help avoid these scams. Phone Calls: USPTO will never ask for money over the phone. And if an attorney filed your application, USPTO should never call you directly. Be careful of spoofed phone numbers. Tip: Ask to call them back at their directly line.

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Federal Circuit Revives Patent Suit Against Aetna Over Health Savings Cards

Patently-O

by Dennis Crouch In AlexSam v. Aetna , the Federal Circuit recently revived the patentee's infringement lawsuit against health insurance giant Aetna over its Visa and Mastercard-branded health savings account (HSA) debit cards. AlexSam, Inc. v. Aetna, Inc., No. 22-2036 (Fed. Cir. Oct. 8, 2024). The district court has dismissed the case on 12(b)(6) for failure to state a claim of infringement.

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Infographic | Tips for supporting your mental health

Olartemoure Blog

On World Mental Health Day, we recognize that mental health is crucial to our overall well-being, especially in the workplace. It impacts not just individuals, but entire teams and communities. Challenges like stress and anxiety deserve our attention. Here are five practical tips you don’t want to miss that will help you nurture your mental health. 1 Take a wider view According to Andrew Huberman, a neuroscientist and professor at Stanford , panoramic vision has a great impact in reducing stress

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German Court Says Non-Commercial AI Training Data Meets Scientific Research Exception to Copyright Infringement

IP Watchdog

In a landmark judgment with far reaching ramifications, a German court recently held that the copying of images by Large-scale Artificial Intelligence Open Network (LAION) - a nonprofit organization that provides datasets, tools and models to liberate machine learning research – did not infringe copyright law. The Kneschke v. LAION case, heard by the Hamburg Regional Court, centered on LAION's automatic downloading of images, including a copyrighted work by photographer Robert Kneschke, for AI t

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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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3 Count: Baby Back Lawsuit

Plagiarism Today

Universal Music Group sues Chilis over social media posts, Barry White estate sues over 40-year-old song and Nelly lawsuit creates tension. The post 3 Count: Baby Back Lawsuit appeared first on Plagiarism Today.

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25 Reasons I Love Trademarks

Erik K Pelton

Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode. The post 25 Reasons I Love Trademarks appeared first on Erik M Pelton & Associates, PLLC. Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode.

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Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

JD Supra Law

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by email on defendants located in China. Slip Op. at 1.

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Whither Indian IP Academics’ Engagement with the Judiciary?: Some Thoughts for Discussion – Part I

SpicyIP

Image from here Recently, Praharsh revived a discussion about the not-very-active state of IP academic interventions in India while sharing the news of the appointment of Prof. Arul Scaria by the Delhi High Court as an “expert” in a copyright case. Prashant raised similar questions a few years ago when Prof. Basheer was appointed, as an “academic intervenor” in the Novartis case.

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SCOTUS Denies Challenges to Section 101 Test, Trademark Domicile Rules and Obviousness-Type Double-Patenting Analysis

IP Watchdog

On October 7, the U.S. Supreme Court issued an order list that included cert denials for several intellectual property cases that were presented to the nation’s highest court. In rendering those denials, the Supreme Court leaves in place an appellate ruling invalidating patents claiming improvements to computer networking technologies under Section 101’s abstract idea jurisprudence.

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Copyright Claims Board Now Offers Certified Final Determinations

Plagiarism Today

Those who win damages at the Copyright Claims Board can now get certified final determinations to have them enforced in court. The post Copyright Claims Board Now Offers Certified Final Determinations appeared first on Plagiarism Today.

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5 free trademark monitoring tools

Erik K Pelton

The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Doing nothing about a known infringement situation for a long period of time can lead to “laches,” a legal theory that could prevent you from later enforcing any rights you may have once had.

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Best of LIKELIHOOD OF CONFUSION®: Nuts to us? Or a “real” Charlie Brown Christmas?

Likelihood of Confusion

Originally posted 2010-12-24 11:48:31. Republished by Blog Post PromoterOriginally published December 9, 2009. Instapundit links to this item about the incredible shrinking Charlie Brown specials — warmly-remembered favorite scenes from the annual Peanut broadcasts being incrementally excised from annual broadcasts to make room for more and more commercials.

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How Strong Copyright Laws Empower Local Communities

Copyright Alliance

The 2024-2025 National High School Policy Debate Topic is: Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. […] The post How Strong Copyright Laws Empower Local Communities appeared first on Copyright Alliance.

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The Dark Side of Cannabis Edibles: How Fake Packaging Can Mislead Consumers and Harm Children

IP Watchdog

As more states legalize recreational marijuana, the incidence of children accidentally ingesting cannabis edibles has also risen dramatically. According to Pediatrics, a journal published by the American Academy of Pediatrics, the number of children under six years old who have consumed cannabis products surged by 1,375% from 2017 to 2021. See Marit S.

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3 Count: Settling the Score

Plagiarism Today

Movie studios target anime piracy site, Taiwan composers battle over music score and author sues Bungie over Destiny 2 expansion. The post 3 Count: Settling the Score appeared first on Plagiarism Today.

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Do this to avoid your trademark becoming generic

Erik K Pelton

The following is an edited transcript of Chapter 15 of my book video Building a Bold Brand: Avoiding Generic Use In the last few years, more and more brands have added a generic product or category name after their brand name on packaging. The first brand to do this extensively was Kleenex®. Their packaging says “Kleenex brand tissues” to make it clear that Kleenex is not the name for all tissues and to help people avoid using the “Kleenex” name generically.

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Lawmakers Want Calif. Colleges To Flex NIL Muscle

IP Law 360

As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.

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Is Meta Offside the Online News Act? The CRTC Wants to Know.

Michael Geist

Meta has blocked news links on its Facebook and Instagram platforms for more than a year in response to the Online News Act , resulting in significant lost traffic to many Canadian news sites. The company’s position has been pretty clear from the start: the law applies to digital news intermediaries that make “news content produced by news outlets available to persons in Canada.

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The Pioneering Impact of Latinx Comic Book Creators & Characters

Copyright Alliance

National Hispanic Heritage Month is celebrated each year from September 15 to October 15. The 2024 theme, Pioneers of Change: Shaping the Future Together, provides a fitting backdrop to explore […] The post The Pioneering Impact of Latinx Comic Book Creators & Characters appeared first on Copyright Alliance.

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G7 Competition Authorities, Including DOJ and FTC, Release Joint Statement on AI Competition — AI: The Washington Report

JD Supra Law

On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges. The summit culminated in the release of a Digital Competition Communique, outlining the authorities’ shared concerns about competition risks in the AI ecosystem and joint commitments around safeguarding and promoting competition in the ecosystem.

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'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients

IP Law 360

A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.

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Piracy Shield May Reduce Illegal Sports Streaming, Traffic Analysis Suggests

TorrentFreak

Piracy Shield’s first birthday is still several months away so the appearance of a study into its effectiveness came as a surprise but not an unwelcome one. Commentary by Italian telecoms regulator AGCOM, mirrored by top-tier football league Serie A and streaming service DAZN, hasn’t been at all useful for those seeking answers to the two most important questions: 1) How effective is Piracy Shield at denying access to pirate live sports streams?

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USPTO Terminates Thousands of Chinese Patent Applications Due to Non-Attorney/Agent Signatures

Patently-O

by Dennis Crouch In a stunning development, the USPTO recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a practitioner's signature. This mass termination, announced on October 2, 2024, stems from an investigation that uncovered misconduct involving the unauthorized use of a registered patent agent's electronic signature.

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Can you photograph a copyright-protected wallpaper without the right holder’s explicit consent? Yes, says the German Supreme Court

The IPKat

If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German Supreme Court recently decided this question in three parallel cases ( I ZR 139/23 , I ZR 140/23 and I ZR 141/23 ).

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False Claims of Patent Protection Can Be False Advertising Under Lanham Act

JD Supra Law

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim.

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Whither Indian IP Academics’ Engagement with the Judiciary?: Some Thoughts for Discussion – Part II

SpicyIP

Image from here In Part I , we looked at the legal mechanism around IP professors’ engagement with the judiciary. This post furthers the discussion by broaching a few questions/ideas for engagement. Two Hypotheses and Many Questions I get two points or hypotheses from the Part-I discussion: the Indian legal system doesn’t see, or at least doesn’t leave much space for (IP) law professors as influential drivers of socio-legal change, unlike advocates, leaving little room for them to make sub

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RIAA’s Flags Latest Piracy Threats, Sees a Future for AI

TorrentFreak

The artificial intelligence boom promises progress and innovation but, at the same time, it poses a threat to existing industries. Over the past two years, dozens of lawsuits were filed against technology companies. Most of these amount to copyright infringement complaints, challenging the unauthorized use of protected works as AI training data. The RIAA and its members are also involved in these legal battles.

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Judicial Immunity: Serving the common good

IP and Legal Filings

Judicial Immunity Policy in the United States Judicial immunity is a common concept, based on judicial decisions. It arose in the courts of ancient Europe to prevent people from attacking a court decision by filing a lawsuit against a judge. The defeated parties had to instead take their complaints to the appellate court. The idea of ​​protecting judges from citizens’ money was based on this basic teaching and worked to strengthen the independence of the judiciary.

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The Most Important Issues Facing the IP Industry | IPWatchdog Unleashed

IP Watchdog

This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.

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