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Canada (Finally) Does Something Right on Copyright Protection: According to US Study, Canada’s Site Blocking Process is Worth Emulating

Hugh Stephens Blog

It is a foggy Friday when a report out of the US heaps praise on Canada for anything in the area of intellectual property. But surprise, it just happened!

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3 Count: Pokemon with Litigation

Plagiarism Today

Nintendo sues Palworld developer, judge trims Office Depot's legal fees and Amazon joints the Motion Picture Association. The post 3 Count: Pokemon with Litigation appeared first on Plagiarism Today.

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The Battle Over Music in Social Media Videos

Plagiarism Today

Music companies are increasingly targeting businesses who use their music on social media. Here's what you need to know. The post The Battle Over Music in Social Media Videos appeared first on Plagiarism Today.

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25 Tips from a Former USPTO Trademark Examiner

Erik K Pelton

The following is an edited transcript of my video 25 Tips from a Former Trademark Examiner. You might know that I’m a former examiner at the USPTO who reviewed trademark applications from the inside of the process. The following are some tips that are useful on the outside, but that one learns on the inside. You can contact the examiner by phone or email if you have a question or you want to discuss something, so you can always look up the examiner’s phone number or email.

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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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Cybersecurity in the Age of Industry 4.0 - Part 2

JD Supra Law

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical recommendations to mitigate these risks. If you missed the first article, where we discussed the latest trends and key cybersecurity risks facing manufacturers, you can read it here: Cybersecurity in the Age of Industry 4.0 – Part 1.

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Copyright, Education, and Generative AI: Getting with the programme?

Kluwer Copyright Blog

Generative AI (GenAI) is promising to revolutionise higher education. Whether it concerns legal scholars using ChatGPT to write their essays, computer science majors relying on GitHub Copilot to generate programming code, or art students turning to Midjourney to create visual artistry: the relevant AI tools to assist with educational assignments are readily available online.

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New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital

IP Watchdog

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.” The Inventors Defense Alliance includes Professor Kristen Osenga, professor at the University of Richmond School of Law, as its chief policy counselor, and boasts a board featuring the Hon.

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Site Blocking Is Effective Worldwide Says New Report by IP House and DCA

The Illusion of More

Overseas and Out of Reach: International Video Piracy and U.S. Options to Combat It, released today by IP House and Digital Citizens Alliance (DCA) is one more reason the U.S. Congress should adopt site-blocking legislation to protect American creators and consumers. Thirteen years ago this coming January, Congress shelved bipartisan legislation that was designed to […] The post Site Blocking Is Effective Worldwide Says New Report by IP House and DCA appeared first on The Illusion of More

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Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

JD Supra Law

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors. The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on the internet – and a group of Compulife competitors and others (“Defendants”) who allegedly misappropriated Plaintiff’s.

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What’s your poison? Copyright infringement.

Likelihood of Confusion

Originally posted 2013-10-15 11:38:13. Republished by Blog Post PromoterYou’ve heard the tale in one form or another: A bar plays a recorded song over its sound system (without permission), then gets sued for violating the public performance right of the musical composition’s copyright holder. But it’s just an urban legend, right? Wrong. It happens.

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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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CAFC Scolds District Court for Straying from ‘Party Presentation’ Principle

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday told the U.S. District Court for the District of Delaware that it “misapprehended its role in adjudicating the issue of patentability” when it sua sponte determined claims of Astellas Pharma’s patent invalid under 35 U.S.C. § 101 as directed to an ineligible natural law. The opinion was authored by Judge Lourie.

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The Significance of Anderson v. TikTok: A Test for Section 230 CDA

Barry Sookman

In the dying weeks of the summer, the U.S. Third Circuit Court of Appeals released a bombshell case holding that § 230 of the Communications Decency Act (CDA) did not provide a safe harbor for the social media company TikTok when its algorithms recommended and promoted a video which allegedly led to a minor killing herself. The case, Anderson v. TikTok, Inc., 2024 WL 3948248 (3rd.Cir.Aug. 27, 2024), is significant.

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Petitioners Beware: Screenshots Showing Product May Not Qualify as Printed Publication

JD Supra Law

In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was offered for sale. Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”).

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ISPs Back Cox’s Supreme Court Petition to Counter “Extortionate” Piracy Liability Pressure

TorrentFreak

In August, Cox Communications filed a petition at the U.S. Supreme Court , requesting a review of a Fourth Circuit ruling that held the company liable for pirating subscribers. The Internet provider ultimately challenges a $1 billion jury verdict in favor of major record labels, including Sony and Universal, arguing that it has far-reaching implications for Internet providers and the broader American public.

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Plagiarism, Destiny 2 and NERF Guns

Plagiarism Today

Bungie is celebrating ten years of Destiny 2. However, one piece of merchandise turned out to be plagiarized from a fan creation. The post Plagiarism, Destiny 2 and NERF Guns appeared first on Plagiarism Today.

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Podcast: AI and Voice Replication with Tim Friedlander

The Illusion of More

In this podcast, I talk with Tim Friedlander, voice actor, musician, and founder of the National Associaion of Voice Actors (NAVA). Tim joined me to talk about AI — its potential threats to his profession, his experience meeting on Capitol Hill, and his views on why this subject matters. Contents The post Podcast: AI and Voice Replication with Tim Friedlander appeared first on The Illusion of More.

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GC Base Salaries At Big Companies On The Rise

IP Law 360

General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

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[Video] (Podcast) The Briefing: Punchbowl News’ Trademark Win Despite Rogers Setback

JD Supra Law

Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.

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X Loses Battle to Protect Genshin Impact Leaker’s First Amendment Anonymity

TorrentFreak

In November 2023, the publisher of hit videogame Genshin Impact obtained a DMCA subpoena at a California district court to unmask an anonymous alleged infringer. Cognosphere’s aim was to compel X/Twitter to “disclose the identity, including the name(s), address(es), telephone number(s), and e-mail addresses(es)” of an individual in control of four ‘X’ accounts: @HutaoLoverGI, @GIHutaoLover, @HutaoLover77, and @FurinaaLover.

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Understanding the Darryll Pines Plagiarism Allegations

Plagiarism Today

The President of the University of Maryland, Darryll Pines, is the latest to be targeted with plagiarism allegations. Here's how serious they are. The post Understanding the Darryll Pines Plagiarism Allegations appeared first on Plagiarism Today.

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Sailing Troubled Waters: A Look at the Spiral of Controversies that the CGPDTM Has Fallen Into

SpicyIP

[A big thanks to Mr. Prashant Reddy for his inputs on the post.] Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM.

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Miley Can Buy Flowers, But Can't Copy Bruno Mars, Suit Says

IP Law 360

Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.

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Amarin v. Hikma: Defining the Limits of Protection That Skinny Labels Afford

JD Supra Law

On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent decision on induced infringement by generic drug companies that use a “skinny label.” Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 2023-1169 (Fed.

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Operation 404.7 Targets 675 Pirate Sites, Brazil’s ISPs Now Block 6,700+ Domains

TorrentFreak

From launch in November 2019, the last five years have seen Brazil’s Operation 404 establish itself as both a local and international anti-piracy enforcement campaign. Operation 404’s branding plays on the HTTP 404 error message “page not found” and to indicate each new wave, 404 is followed by a decimal point and the corresponding wave number; the results of Operation 404.6 were announced late November 2023 so here in September 2024, news of Operation 404.7 has arrived a

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A Timeline of the Recent DEI Plagiarism Allegations

Plagiarism Today

This year, at least eight diversity-focused academics have come under fire for alleged plagiarism. Here's a timeline of the allegations. The post A Timeline of the Recent DEI Plagiarism Allegations appeared first on Plagiarism Today.

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My Limitation Period is close to expiring – Help!

Nelligan Law

Reading Time: 2 minutes A limitation period is the deadline by which a claimant must initiate proceedings before the court. For many but not all claims, the limitation period in Ontario is two years from the date of the loss. For example, if you sustained a physical injury in a car accident on January 7, 2022, your limitation period would be no later than January 7, 2024.

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McCarter & English's Misstatement Won't Nix Malpractice Win

IP Law 360

A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation – and repeated in the judge's opinion – did not warrant reviving the case.

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The Human Condition is Inherent to Copyright Law

The Illusion of More

Last week, oral arguments were presented before the D.C. Circuit Court of Appeals on the question of whether copyright protection is conditioned on human authorship. Dr. Stephen Thaler, developer of a Gen AI he calls “Creativity Machine,” submitted a visual work made entirely by that machine to the U.S. Copyright Office for registration in 2022. […] The post The Human Condition is Inherent to Copyright Law appeared first on The Illusion of More.

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Court Orders Google to “Uninstall” Pirate IPTV App Sideloaded on Android Devices

TorrentFreak

As reported last week, an order published in Argentina dated September 13, 2024, revealed that local ISPs are now required to block dozens of Magis TV-linked domains for violating intellectual property law. In total, 69 domains (full list in our earlier report ) must be blocked so that internet users cannot access them from anywhere inside Argentinian territory.

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3 Count: Hockey Fight

Plagiarism Today

American Hockey league and teams sued over music in social media, indie filmmakers fight for DMCA subpoenas and Miley Cyrus sued over Flowers. The post 3 Count: Hockey Fight appeared first on Plagiarism Today.

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USPTO Director’s Decision Highlights Consequences of Evidence Suppression

JD Supra Law

In a rare exercise of authority through a sua sponte director review, US Patent and Trademark Office (USPTO) Director Kathi Vidal affirmed the Patent Trial and Appeal Board (PTAB)’s decision to sanction patent owner Longhorn Vaccines & Diagnostics LLC (Longhorn) in light of Longhorn’s misconduct in withholding and suppressing relevant evidence to the PTAB and petitioner, Spectrum Solutions LLC (Spectrum).

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Texas Trio Ordered To Pay Lewis Brisbois $1.5M After TM Spat

IP Law 360

A Houston federal judge ordered a Texas trio to pay more than $1.5 million in statutory damages to Lewis Brisbois Bisgaard & Smith LLP after finding last month that the group willfully stole the BigLaw behemoth's name for its mediation business in 2022.

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SpicyIP Tidbit: Delays, Lack of Manpower, Pending Applications- CGPDTM in Need of Institutional Reform

SpicyIP

Image from here In Tiger Foods Ingredients (P) Ltd. v. Registrar of Trademarks , the Madras HC was hearing a writ petition seeking a writ of mandamus for the Trademark Registry to expeditiously dispose of a name-change application ( Form TM P ). In this case, the application was filed on 05.07.2024 whereas the writ petition before the Court was filed on 11.08.2024.

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RARBG Domain Now Points to a Thai Casino Site

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 last year. The popular torrent site had millions of daily users spread across several domain names. This included RARBG’s flagship.to domain, where the usual torrent index was replaced by a farewell message, attributing the decision to personal and financial reasons.

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A Proposal for Improving the PREVAIL Act

IP Watchdog

On July 10, 2023, Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI), officially introduced S. 2220 in the 118th Congress, called the “Promoting and Respecting Economically Vital American Innovation Leadership Act,” or the PREVAIL Act. The bill is one of three patent bills that have been scheduled to be considered by the Senate Judiciary Committee in recent weeks.

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