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3 Count: Chili’s Sabotage

Plagiarism Today

Beastie Boys file lawsuit over Chili's commercial, record labels sue Verizon and ASCAP sues Reno karaoke bar. The post 3 Count: Chili’s Sabotage appeared first on Plagiarism Today.

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5 Things I learned About Trademarks Recently

Erik K Pelton

The following is an edited transcript of my video 5 Things I’ve Learned About Trademarks in 2023. I continue to learn new things about the world of trademarks – even after more than two decades in the field. Here are some of the highlights or recent things I’ve learned: The world of trademark continues to grow. There are more small businesses, more lawyers and trademark practitioners, and more trademark stories and disputes in the news than ever before.

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The Rise of AI Zombie Blogs

Plagiarism Today

After nearly a decade, The Unofficial Apple Weblog has returned to life. However, its inglorious return is as an AI-generated zombie. The post The Rise of AI Zombie Blogs appeared first on Plagiarism Today.

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Copyright in Cottage Country

Hugh Stephens Blog

Photo (c) author, 2023 For anyone who may have noticed (hopefully you did), I have not posted a blog for a couple of weeks. I am invoking that blanket summertime excuse, “I’ve been up at the cottage”.

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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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The EU AI Act has been published

The IPKat

Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It's not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long awaited Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168

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Vidal Addresses USPTO’s ‘Inherited Backlog’, Which May Be at an All-Time High for Patents

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5 months total pendency for trademarks. Vidal said in her blog post that “unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an ‘i

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Worldwide Trademarks continues effort to scam trademark applicants

Erik K Pelton

Beware of latest scam from Worldwide Trademarks, Inc. aka Worldwide Trademarks at 447 Broadway, 2nd Floor, New York, NY 10013. The offer, for $2760, is for inclusion in a publication. A publication with no real value. I have never heard any trademark professional recommend inclusion in such a publication; nor any trademark professional use such a publication for any research.

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Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting

Patently-O

Guest post by Professors Mark A. Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. First, the Federal Circuit held in In re Cellect that patents tied by double patenting must expire on the same day even if one of the patents has received a

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Z-Library Admins “Escape House Arrest” After Judge Approves U.S. Extradition

TorrentFreak

On November 4, 2022, the United States Department of Justice and the FBI began seizing Z-Library’s domains as part of a major operation to shut down the infamous ‘shadow library’ platform. A criminal investigation had identified two Russian nationals, Anton Napolsky and Valeriia Ermakova, as the alleged operators of the site. On October 21, 2022, at the U.S.

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CAFC Affirms Preliminary Injunction Against RaDaR Cancer Assay in Precedential Decision

IP Watchdog

On July 12, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Natera, Inc. v. NeoGenomics Laboratories, Inc. affirming a grant of preliminary injunction that prevents NeoGenomics from making or selling its RaDaR oncology testing assay. The Federal Circuit’s opinion, authored by Chief Judge Kimberly Moore, found no legal error in the district court conducting an infringement analysis without claim construction, and no clear error in finding that NeoGenomics failed

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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: Smiley Face Settlement

Plagiarism Today

Nirvana Smiley Face lawsuit is settled, Nintendo targets more Switch emulators and influencer files unusual copyright lawsuit. The post 3 Count: Smiley Face Settlement appeared first on Plagiarism Today.

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Zimmer Biomet Owes Despite Expired Patents, 7th Circ. Says

IP Law 360

Zimmer Biomet Holdings shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired, the Seventh Circuit said Friday, backing a lower court's decision affirming an arbitration ruling in favor of the surgeon's estate.

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Cellect: Unveiling the Potential Impact on Patent Term Adjustment

Patently-O

by Dennis Crouch Many have been thinking of the potentially large impact of Cellect v. Vidal , which is now pending before the Supreme Court. This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application.

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Anna’s Archive Faces Millions in Damages and a Permanent Injunction

TorrentFreak

Anna’s Archive is a meta-search engine for shadow libraries that allows users to find pirated books and other related sources. The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, to ensure continued availability of ‘free’ books and articles to the broader public. Late last year, Anna’s Archive expanded its offering by making information from OCLC’s proprietary WorldCat database available online.

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D.C. Court’s Dismissal of Judge Newman’s Case Against Moore Sets Stage for Appeal

IP Watchdog

The U.S. District Court for the District of Columbia today dismissed the remaining counts in Judge Pauline Newman’s challenge to U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore’s inquiry into her fitness to continue serving as a federal appellate judge. The decision sets the stage for an appeal, which Newman’s lawyer told IPWatchdog will happen “within days, not weeks.

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3 Count: Termination Ruling

Plagiarism Today

US Copyright Office clarifies copyright termination issue, IPTV pirates hit with massive judgment and religious group sues critic. The post 3 Count: Termination Ruling appeared first on Plagiarism Today.

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Litigation Funding 'Abuses' Targeted By Federal Lawmakers

IP Law 360

Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.

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Fixing Double Patenting: The Procrustean Solution?

Patently-O

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette.

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Religious Group Targets Parent With Copyright Lawsuit Over Kids’ Curriculum

TorrentFreak

Under a concept known as Released Time for Religious Instruction (RTRI), children in the United States are permitted to leave school to receive religious instruction elsewhere. Whether an hour a day or once per week, the fact that young students are taken off-site is a component of the law. Use of the tax-supported public school system, to finance and help spread whatever beliefs various groups may have, is disallowed under the First Amendment.

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Reconsidering the Right of Publicity in the World of Generative AI

IP Watchdog

Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal world's understanding of an individual's right to publicity. Many states still do not formally recognize a right to publicity, while other states that do recognize such a right are not uniform.

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Copyright, Trademark and Plagiarism in Icons

Plagiarism Today

Nexon, developers of The First Descendent, are accused of copying icons from Destiny 2. However, the story is more complicated. The post Copyright, Trademark and Plagiarism in Icons appeared first on Plagiarism Today.

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States Should Loosen Law Firm Ownership Restrictions

IP Law 360

Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

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Chewier than ever

Likelihood of Confusion

Originally posted 2016-12-18 22:30:40. Republished by Blog Post PromoterNotwithstanding my own bouts of sympathy for the blighters, you have to admit it just looks like the folks at Louis Vuitton are getting so bad at taking a joke that the joke is becoming them. First it was the matter of Chewy Vuitton, the case where Vuitton’s […] The post Chewier than ever appeared first on LIKELIHOOD OF CONFUSION™.

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Nintendo Targets Switch Emulators Suyu, Nuzu, Uzuy, Torzu, and Sudachi

TorrentFreak

On paper, Nintendo’s lawsuit targeting the developers of Switch emulator Yuzu was solid. It also had the potential to drag on for a long time. Without surprise banana peels suddenly making an appearance, on balance, Nintendo could’ve walked away with a fairly easy win. Yet just weeks after the lawsuit was filed, Nintendo and the anonymous Yuzu developers agreed to settle.

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Music Making Gen AI: A Deeper Dive into Fair Use

The Illusion of More

In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use. My view in that post was, and remains, that because the purpose of copyright law is to promote authorship, and authorship is human as a matter of doctrine, then a purpose which […] The post Music Making Gen AI: A Deeper Dive into Fair Use appeared first on The Illusion of More.

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Pokemon Go Maker Escapes Gaming Patent Suit

IP Law 360

A California federal judge has let the developer of smartphone game Pokemon Go out of a patent infringement suit, deciding that a patent related to augmented reality technology covers an abstract idea.

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My brand of humor – No. 2 – Jim Gaffigan

Likelihood of Confusion

Originally posted 2017-11-27 11:10:41. Republished by Blog Post PromoterThe first installment of this new feature excerpted Gary Gulman’s assault on soft-brand drinks. Jim Gaffigan’s assault on consumer brands is pretty unrelenting too, and — the purpose of this feature — makes me wonder what the folks in brand management do when bits such as these […] The post My brand of humor – No. 2 – Jim Gaffigan appeared first on LIKELIHOOD OF CONFUSION™.

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Argentina Blocks 50+ Pirate Football Streaming Sites, Operator Arrested

TorrentFreak

When Argentina won the FIFA World Cup in 2022, the entire country was watching. Many people tuned in to legal broadcasts and, at the same time, illegal streams were buzzing too. With an audience of many millions, piracy is unquestionably popular in Argentina. Rightsholders are happy with that, but they’ve also complained about a lack of enforcement against pirate streaming services.

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Litigating Trade Secrets in Biotech, Life Sciences, and AI: The High-Stakes Battle Over Clinical Trial Innovations

JD Supra Law

In the rapidly evolving biotech and life sciences sectors, the importance of trade secrets has grown significantly. Companies are investing heavily in research and development to create cutting-edge treatment therapies. Protecting proprietary methodologies and innovations is crucial for maintaining competitive advantage and fostering innovation. Moreover, the rise of artificial intelligence (“AI”) in these fields has….

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3 Count: Enough Miami

Plagiarism Today

School shooter's writing will not be released due to copyright, Cardi B sued over Enough (Miami), and YouTube rolled out a Content ID upgrade. The post 3 Count: Enough Miami appeared first on Plagiarism Today.

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Judge Won't Dismiss Cannabis Extraction IP Dispute

IP Law 360

Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.

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The Law Bytes Podcast, Episode 209: Peter Menzies on Why the Canadian News Sector is Broken and How to Fix It

Michael Geist

It isn’t news that the Canadian news sector is broken: the Online News Act has caused more harm the good, the dependence on government funding and regulation has grown dramatically and undermined public trust, and implementing Bill C-18 has become mired in controversy. Peter Menzies spent three decades as a working journalist and newspaper executive, most notably with the Calgary Herald where he served as its editorial page editor, editor in chief and, finally, publisher.

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YoHoHo Asks GitHub to Take ‘Pirated’ Pirate-Themed Games Offline

TorrentFreak

In 2015, Brazilian developer Matheus Valadares shared a new game called Agar.io on 4chan, which soon became a smash hit. The game also popularized the IO extension for games, a reference to the input/output computing term, not the Indian Ocean territory from where it originally derived its initials. These IO games are often quite basic but addictive and entertaining nonetheless.

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[Guest post] CJEU: New licensing rules for the provision of guest TVs in Germany?

The IPKat

The IPKat has received and is pleased to host the following contribution by former GuestKat Mirko Brüß (Brüß Law) analyzing two recent decisions of the Court of Justice of the European Union (CJEU) on the evergreen right of communication to the public. Here’s what he writes: CJEU: New licensing rules for the provision of guest TVs in Germany? by Mirko Brüß In two recent decisions, the CJEU has once again addressed the issue of communication to the public by means of the provision of television r

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Why Copyright Won’t Kill AI

Plagiarism Today

We've seen dozens of copyright lawsuits against AI companies. However, that's not the biggest threat AI faces. The post Why Copyright Won’t Kill AI appeared first on Plagiarism Today.

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