Thu.Mar 28, 2024

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Blackmail and the Contract Cheating Industry

Plagiarism Today

A university launched a sting operation to test contract cheaters. They got was a lesson in blackmail and the dangers of the industry. The post Blackmail and the Contract Cheating Industry appeared first on Plagiarism Today.

Contracts 238
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UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

JD Supra Law

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark infringement in the United Kingdom.

Trademark 125
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3 Count: Tiger King 2024

Plagiarism Today

Appeals Court revives Tiger King lawsuit, lawsuit over The Batman is dismissed and Tekken modders targeted with takedowns. The post 3 Count: Tiger King 2024 appeared first on Plagiarism Today.

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Ukraine Commits to Piracy Crackdown, Draws Up Blacklist, Joins WIPO ALERT

TorrentFreak

After more than two years of incalculable losses following Russia’s full-blown invasion in 2022, Ukraine continues to defy the odds as it fights for the right to exist as an independent state. With no obvious end in sight and politics in the United States undermining offensive capability, Ukrainian gains are being reversed in several front line regions, a situation predicted to further deteriorate later this year.

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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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Understanding 2024 Ontario Budget Auto Insurance Updates: A Guide for You

Nelligan Law

Reading Time: 2 minutes The proposed Ontario 2024 Budget includes changes to the standard automobile insurance policy. The proposed changes would reduce the types of mandatory benefit coverage and increase the benefits that consumers would need to purchase as optional coverages. The proposed changes appear to remove standard income replacement benefits.

Contracts 105
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All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use

JD Supra Law

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was used descriptively and in good faith. Solid 21, Inc. v. Breitling U.S.A., Inc., Case No. 22-366 (2d Cir. Mar. 14, 2024) (Wesley, Sullivan, JJ.

Fair Use 104

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Quinn Emanuel Adds Longtime Kirkland Litigator In Chicago

IP Law 360

Quinn Emanuel Urquhart & Sullivan LLP's office in Chicago has added a 24-year veteran of Kirkland & Ellis LLP who litigates intellectual property, high-profile torts and product liability matters, the firm announced this week.

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Beyond the Big Screen: The Legal Odyssey of Film Titles in India

IP and Legal Filings

Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. The appreciation and experimentation of OTT content have shown that India Cinema is back again. Bollywood’s resurgence has given us so many hits and so much content- however, the thing that helps an audience distinguish between so much content is their name.

Cinema 93
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4 Takeaways As Hollywood Asks For AI Deepfakes Laws

IP Law 360

Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.

Law 96
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PissedConsumer.com: Devere Group v. Opinion Corp.

Likelihood of Confusion

I have — win, lose or draw — kept you all abreast of the progress of the various lawsuits against PissedConsumer.com (otherwise known as Opinion Corp.), the gripe site that people hate so much. Why do some people hate PissedConsumer.com? Because they assume whatever someone writes about them in a lawsuit must be true! This is […] The post PissedConsumer.com: Devere Group v.

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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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Nonprofit CRMs: How to Navigate Data Privacy and Compliance

Cogency Global

What this is : Nonprofits increasingly rely on constituent relationship management (CRM) systems to collect, organize and manage data. However, in an age where privacy is a growing concern, it’s essential to safeguard personal information and maintain compliance with data protection regulations. What this means : In this guide, we’ll explore the steps your nonprofit should take to protect your database.

Privacy 92
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[Audio] Leaning in on AI in Compliance Programs

JD Supra Law

Imagine you are at a large company with thousands of suppliers. As a part of the compliance team you need to understand the risk of working with each and every one of them. To do that you may need to understand the ownership structure, where they source materials, where and how they manufacture, and a host of other data about each and every one of them.

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Community Partner Spotlight: Asian American Arts Alliance (A4) 

Copyright Alliance

Today, we turn the spotlight over to one of our community partners, Asian American Arts Alliance (A4). They are a nonprofit “dedicated to strengthening Asian American artists and cultural groups through resource […] The post Community Partner Spotlight: Asian American Arts Alliance (A4) appeared first on Copyright Alliance.

Art 70
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Legal Lens on the Unified Patent Court - March 2024

JD Supra Law

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed. And with an on-the-ground team in Germany, France, the United Kingdom and the United States, we offer a unique cross-border perspective.

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

Princeton Excess & Surplus Lines Ins. Co. v. R.I. Cranston Entertainment Inc.; 2024 WL 1285631, C.A. No. 21-63-JJM-PAS (D.R.I. Mar. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the secon

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[Video] JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States

JD Supra Law

The Defend Trade Secrets Act of 2016 allows for U.S. district courts to preside over matters of foreign misappropriation of U.S. technology and trade secrets. Jones Day’s Randy Kay, who chairs the Firm’s global trade secrets focus team, talks about the applicability of the Act to foreign misappropriation, what can constitute the requisite “act in furtherance,” and why U.S.

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Jury Gives Cameron $9M Win In Fracking Patent Fight

IP Law 360

A Texas federal jury has handed Cameron International Corp. a $9 million award after finding that Nitro Fluids LLC willfully infringed two of its patents covering aspects of certain fracking systems used in oil and gas production.

Patent 59
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California Business Divorce: Understanding IP Ownership in the Context of Operating a California Business

JD Supra Law

Picture a renowned winery in the heart of Napa Valley that has built its reputation on a trademark that connoisseurs associate with exceptional quality. This trademark, a symbol of years of hard work and dedication, represents the essence of the brand's identity and market appeal. Now, imagine the founders, once united by a shared vision, are embroiled in an irreconcilable dispute.

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Today’s Obviousness Key: Motivation to Combine

Patently-O

by Dennis Crouch The Federal Circuit’s recent decision in Virtek Vision International ULC v. Assembly Guidance Systems, Inc. focuses on the motivation to combine aspect of the obviousness analysis. The court’s ruling emphasizes that the mere existence of prior art elements is not sufficient to render a claimed invention obvious; rather, there must be a clear reason or rationale for a person of ordinary skill in the art to combine those elements in the claimed manner.

Art 59
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European Commission Adopts Toolbox to Combat Counterfeiting

JD Supra Law

The European Commission has adopted a toolbox to combat counterfeiting and help brands enforce their intellectual property rights. The toolkit builds on the Commission’s 2020 Intellectual Property Action Plan to enhance IP enforcement and the 2022 Digital Services Act.

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ITC Judge Recommends General Exclusion In Wallet IP Case

IP Law 360

A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.

IP 52
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Federal Circuit Applies Safe Harbor to Imported Medical Device Samples

JD Supra Law

The “safe harbor” of 35 USC § 271(e)(1) shields certain acts from liability for patent infringement if they are conducted “solely for uses reasonably related” to obtaining U.S. Food and Drug Administration (FDA) approval to market the product. In Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., decided on March 25, 2024, a majority panel of the Federal Circuit held that the importation of medical devices to support efforts to recruit investigators for a clinical trial was shielded by

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Centripetal Rips Palo Alto Bid To Scrap $151.5M Patent Verdict

IP Law 360

Centripetal Networks has urged a Virginia federal judge to reject Palo Alto Networks' request to discard a $151.5 million jury verdict against it for infringing cybersecurity patents or order a new trial, saying the evidence supports the infringement finding and the damages award.

Patent 52
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Unraveling the Statute of Limitations in Copyright Infringement Cases

JD Supra Law

In the realm of copyright law, determining the scope of damages and the applicability of the statute of limitations remains a contentious issue. The Supreme Court case of Nealy v. Warner Chappell Music (argued before the Court in February of this year) promises to shed light on this matter, grappling with the question of how far back a plaintiff can seek damages in a copyright infringement case.

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NY Garment Co. Appeals Valentino's Award In Copyright Feud

IP Law 360

A garment manufacturer has asked a New York federal court to hold off on enforcing Valentino SpA's arbitral award for costs related to a copyright case, saying it is a small company and will be ruined if the Italian luxury brand collects its money while an appeal remains pending.

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Trademark Primer: Proactive Strategies for Avoiding Disputes and Consumer Confusion

JD Supra Law

Trademark disputes can be time-consuming and costly. By proactively assessing risks and taking steps to avoid infringement, emerging companies save time and money. At the crux of most trademark disputes is the claim that consumers are likely to be confused by the simultaneous use of brand-identifiers by unrelated parties.

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Penile Implant Doc Awarded $18.3M After Trade Secrets Trial

IP Law 360

A California federal judge on Thursday awarded more than $18.3 million in royalties and damages to a urologist who won a jury trial verdict last year over a competitor's theft of penile implant trade secrets.

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New PTAB Claim Construction? Give the Parties Review Opportunity

JD Supra Law

The US Patent & Trademark Office (PTO) Director vacated Final Written Decisions issued by the Patent Trial & Appeal Board that presented a sua sponte construction of a claim term in dispute, holding that the parties were not provided adequate notice of the Board’s new construction. Assa Abloy AB v. CPC Patent Technologies Pty., Ltd., IPR2022-01006, -01045, -01089 (PTAB Decision Review Mar. 15, 2024) (Vidal, PTO Dir.).

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Apple Says Ex-Engineer Leaked To 'Homeboy,' Other Journos

IP Law 360

Apple Inc. is accusing a former engineer of leaking sensitive information about its business practices, internal policies and products to employees at other technology companies as well as at least three journalists for national publications — including one saved in his phone as "Homeboy" — in a suit in California state court.

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Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes

JD Supra Law

Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for purposes of assessing antitrust violations. Regeneron Pharm., Inc. v. Novartis Pharma AG, Case No. 22-0427 (2d Cir. Mar. 18, 2024) (Parker, Lee, Merriam, JJ.).

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Special Master Suggests Denying Bid To Toss Gaming IP Row

IP Law 360

A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.

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PTO to Patent Examiners: Make Interpretation of Means-Plus-Function Claims Clear in the Record

JD Supra Law

On March 18, 2024, the US Patent & Trademark Office (PTO) issued a memorandum to patent examiners addressing means-plus-function and step-plus-function claim limitations and how to clearly articulate, in the prosecution record, the PTO’s interpretation of such claim limitations. The goal of the memorandum is to ensure consistency in connection with the examination of such limitations, provide both the applicant and the public with notice regarding the claim interpretation used by the patent.

Patent 63
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Fed. Circuit Won't Stop Sales Of Heart Valve Testers

IP Law 360

The Federal Circuit held Thursday that a California federal judge wasn't wrong to deny an injunction request after declaring that a "substantial question of validity" had been raised over a patent covering a way of testing the durability of a heart valve.

Patent 52
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A Port in the Infringement Storm: When 35 U.S.C. § 271(e)(1)’s Safe Harbor Applies

JD Supra Law

Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least for now). More specifically, a divided panel of the Federal Circuit issued an opinion affirming the Northern District of California’s grant of summary judgment to Meril Life Sciences based on the finding that the importation of two heart valve systems fell within the safe harbor provision of 35 U.S.C. § 271(e).

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10th Circ. Vacates Netflix Fee Award In 'Tiger King' IP Row

IP Law 360

The Tenth Circuit on Thursday vacated an attorney fee award for Netflix in a copyright suit brought by a zoo employee whose footage was used in the show "Tiger King," just one day after the circuit court widely upheld the streaming giant's summary judgment win.

IP 52