Wed.Apr 24, 2024

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3 Count: Falling Out of Favor

Plagiarism Today

Internet Archive files final brief in appeal, games studios against copyright exemptions and Fallout memes get taken down. The post 3 Count: Falling Out of Favor appeared first on Plagiarism Today.

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‘Expensive’ Streaming Services Are a Key Reason for Americans to ‘Pirate’

TorrentFreak

For online media consumers, things have improved significantly over the years. More content is being made available on-demand than ever before. Netflix set the tone a decade ago by offering movies and TV series online as a convenient alternative to piracy. This worked well, so well that more than a dozen other streaming services were launched, all with their own exclusive releases.

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Are We Heading Toward SOPA/PIPA 2024?

Plagiarism Today

The MPA has announced that it wants to reintroduce site blocking to the US. Are we heading toward a SOPA/PIPA rematch? The post Are We Heading Toward SOPA/PIPA 2024? appeared first on Plagiarism Today.

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4 Ways To Refresh Your Law Firm's Marketing Strategy

IP Law 360

With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

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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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Vietnam Admits Manga Piracy Problem as New BestBuyIPTV Details Emerge

TorrentFreak

The joint press release issued Monday by the Premier League and Alliance for Creativity and Entertainment (ACE) was unusual right from the start. Published early on Monday, even the timing was a break from the norm, but the content was even more surprising. Following criminal referrals by the Premier League and ACE, an operator of BestBuyIPTV – a platform that has appeared on the USTR’s Notorious Markets report for the past five years – had been convicted at the People’s Court

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[Event] 12th Annual Forum on Dietary Supplements - June 25th - 26th, New York, NY

JD Supra Law

ACI and CRN are excited to welcome you back to New York City this Spring for our 12th Legal, Regulatory & Compliance Forum on Dietary Supplements. Network and collaborate with over 150 industry stakeholders to explore how the changing legal and regulatory landscape will impact current industry policies and best practices.

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Insight into the FTC’s Proposed Final Rule Potentially Banning Non-Competes: Live Blogging Event

JD Supra Law

Welcome, readers. We are at a pivotal juncture in the realm of non-compete law. Today, we will be providing real-time coverage of a consequential Federal Trade Commission (FTC) meeting. This is not just an ordinary meeting; it’s a crucial dialogue on non-compete agreements, with an anticipated announcement of a final rule that could potentially ban most non-competes with workers.

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Under Armour Must Show Shoe Sponsor Deals In Patent Row

IP Law 360

Under Armour is being forced to turn over information relating to deals it has with athletes like basketball star Stephen Curry as part of a patent infringement lawsuit, but the Texas federal judge in the case limited how much the sportswear company has to provide.

Patent 59
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FTC Approves Rule Banning Non-Competes With Workers

JD Supra Law

This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-competes with workers. The Commission found that non-competes tend to negatively affect competitive conditions in labor markets by inhibiting efficient matching between workers and employers.

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Updated WHO Pandemic Accord Retains Commitments for Non-Exclusive Licensing and Royalty Waivers

IP Watchdog

On April 19, the World Health Organization (WHO) released an updated draft proposal of an international agreement on the global response to future pandemics. While the WHO pandemic agreement has been met with widespread support from many of the international agency’s member nations, including the United States, it retains provisions limiting intellectual property (IP) rights that have encouraged opposition from lawmakers and pharmaceutical innovators alike.

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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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The Battle After Warhol: Tattoos as Artwork or Infringement?

JD Supra Law

In a high stakes trial for the tattoo industry, jurors were asked to decide whether a Kat Von D tattoo of Miles Davis infringed upon photographer Jeffrey B. Sedlik’s copyrighted photograph of the musician. A key aspect of the trial revolved around fair use and whether the tattoo was substantially similar to the copyrighted photograph.

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Secretary Raimondo and Deputy Secretary Graves Honor Denim Day

U.S. Department of Commerce

Secretary Raimondo and Deputy Secretary Graves Honor Denim Day April 24, 2024 KCPullen@doc.gov Wed, 04/24/2024 - 11:35 April is Sexual Assault Awareness and Prevention Month (SAAPM) and there are a myriad of ways to demonstrate your support for safe and healthy environments free of sexual assault, sexual harassment, and other harmful behaviors. One way is to participate in Denim Day.

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How The FTC Noncompete Rule Impacts Your Intellectual Property

JD Supra Law

On April 23, 2024, the FTC adopted a comprehensive ban on noncompetes. The FTC’s noncompete ban affects both intellectual property protection and employment agreements/procedures. By: Wolf, Greenfield & Sacks, P.C.

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NC Biz Court Trims School Food Servicer's Noncompete Suit

IP Law 360

The North Carolina Business Court on Wednesday pared a cafeteria food provider's lawsuit alleging a former sales director absconded with confidential information to a rival business, reasoning the Tar Heel State's laws aren't applicable over alleged out-of-state conduct.

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The Legal Landscape of Fan Art

JD Supra Law

In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and support. However, it does not come without legal risks.

Art 66
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'Black-ish' Actress Beats Suit Alleging She Stole Spin-Off Idea

IP Law 360

A California appeals court permanently ended on Monday a suit alleging actress Tracee Ellis Ross and producers of "Mixed-ish" stole a writer's ideas for a sitcom based on a mixed-race character growing up in the suburbs, finding there are no substantial similarities between the two shows.

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Alvotech and Teva’s Selarsdi™ (ustekinumab-aekn), Biosimilar to Stelara® Approved by FDA

JD Supra Law

According to an April 2024 press release, Alvotech and Teva’s Selarsdi™ (ustekinumab-aekn) was approved by the FDA on April 16 as a biosimilar of Janssen / Johnson & Johnson’s Stelara® (ustekinumab).

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Map Co. Objects To Recommendation Of Tossing IP Case

IP Law 360

A mapping company has said a federal magistrate judge in New York got it wrong when recommending that its lawsuit accusing environmental risk assessment data company ERIS Information of copyright infringement should be tossed.

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Re-Evaluating Trade Secret Policies After FTC Adopts Rule Banning Non-Compete Agreements

JD Supra Law

Today, the U.S. Federal Trade Commission (“FTC”) adopted a final rule (3-2) banning new non-compete agreements for both senior executives and non-senior executives. Companies may continue to enforce existing non-compete agreements entered into with “senior executives.” However, preexisting non-compete agreements for all other workers will become unenforceable (recission not required) and companies will be obligated to provide adequate notice to all such workers.

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3 Takeaways On How AI Is Forcing Publicity Rights To Evolve

IP Law 360

As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.

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IP Hot Topic: USPTO Publishes Long-awaited Notice of Proposed Rulemaking with Updates to PTAB Practice and Procedure

JD Supra Law

On April 19, 2024, the USPTO published a long-awaited Notice of Proposed Rulemaking (NPRM) that followed its April 2023 Advance Notice of Proposed Rulemaking (ANPRM). The proposed rules package, Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement, includes updates to three areas of PTAB practice. 89 Fed.

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Feds Want Disbarred Atty's FOIA Suit Over USPTO Docs Axed

IP Law 360

The federal government urged a North Carolina federal court Wednesday to toss a disbarred attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents, arguing the case is one of a dozen duplicative, meritless suits the plaintiff has filed.

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Location Or Protectable Trademark? Smaller Airports Grounded in Their Pursuit to Use the Name of the Largest Cities They Serve

JD Supra Law

Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on using big city names, the federal trademark-holding larger airports are fighting hard to prevent that, arguing it will sow confusion among travelers.

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Ex-Yukos Oil Shareholders To Auction Russian Vodka Brands

IP Law 360

The Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, will go to auction in June in the Netherlands, the former shareholders of Yukos Oil Co. said Wednesday as they sought to enforce arbitral awards now valued at $60 billion.

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FTC Proposes Non-Compete Ban

JD Supra Law

Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule banning new non-competes with all workers, including senior executives, and rendering unenforceable any pre-existing non-competes for workers who are not senior executives.

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Reggie Bush Scores Heisman Back After Nearly 15 Years

IP Law 360

Nearly 15 years after being stripped of his records and awards, former University of Southern California running back and football legend Reggie Bush is getting his 2005 Heisman Trophy back, with the Heisman Trophy Trust citing "enormous changes" in the college football environment.

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What’s Trending in Trademarks, April 2024: Chile/Chili Crunch, Jelly Roll, and Seltzer Sales

JD Supra Law

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: David Chang, Momofuku Drops Enforcement of ‘Chile Crunch’ and ‘Chili Crunch’ - Celebrity chef David Chang, founder of the Momofuku restaurant and food brand, announced this month that he and his company would no longer continue the controversial enforcement of its trademarks for.

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Tenth Circuit Reworks Opinion on Extraterritorial Reach of Lanham Act as Per SCOTUS

IP Watchdog

The U.S. Court of Appeals for the Tenth Circuit issued a revised opinion on Tuesday in the case of Abitron v. Hetronic, which was on remand from the Supreme Court’s June 2023 decision vacating a $96 million damages award for Hetronic. The Court ruled last year that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial in nature and that “‘use in commerce’ provides the dividing line between foreign and domestic applications of these provisions.

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Pegasystems Cuts $35M Deal To End Investor Suit

IP Law 360

Pegasystems Inc. has agreed to pay $35 million to settle a shareholder suit in Massachusetts federal court alleging the software company failed to properly disclose a rival's trade secret litigation that led to a $2 billion verdict.

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TTAB Affirms Mere Descriptiveness Refusal of SPICED CHAI for Tobacco

The TTABlog

The Board affirmed a refusal to register the proposed mark SPICED CHAI for "Hookah tobacco; Tobacco; Tobacco pouches," finding the mark to be merely descriptive under Section 2(e)(1) and lacking in acquired distinctiveness. Deeming the mark "highly descriptive," the Board found Applicant Fumari's Section 2(f) evidence inadequate and unpersuasive. In re Fumari, Inc. , Serial No. 88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L.

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Sanction Bank Workers Who Hid IP Grab, Branding Firm Says

IP Law 360

An architectural and marketing firm has asked a Philadelphia federal judge for sanctions against two of its former employees who jumped ship for Republic Bank, saying that texts between the ex-employees show the "nadir of bad faith" about evidence destruction in their trade secrets misappropriation suit.

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[Sponsored] Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M. at National Law University Delhi (Apply by June 3, 2024)

SpicyIP

We are pleased to inform you that admissions are now open for the WIPO-NLUD-IPO joint Masters/ LL.M. programme. The last date to apply is June 3, 2024. For more detail please read the announcement below: Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M. at National Law University Delhi The National Law University Delhi invites online applications for admission to the Masters of Arts in Intellectual Property Law and Management (M.A.

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Judge Unconvinced That Barstool Sports Swiped Shop Photo

IP Law 360

A new copyright lawsuit against Barstool Sports may not get off the ground after a New York federal judge questioned whether the image the photographer included in her complaint is the same one the company used on its website.

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5x5 Summit: Commerce Agencies Work Together to Advance Public Safety Communications

U.S. Department of Commerce

5x5 Summit: Commerce Agencies Work Together to Advance Public Safety Communications April 24, 2024 KCPullen@doc.gov Wed, 04/24/2024 - 15:36 First responder network This June, two agencies within the U.S. Department of Commerce are coming together to advance communications technology for public safety. The First Responder Network Authority (FirstNet Authority) and the National Institute of Standards and Technology Public Safety Communications Research Division (NIST PSCR) have complemented each o

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Colo. Cooler-Maker Says License Didn't Undo Patent Rights

IP Law 360

A Colorado company that makes soft-sided coolers has argued a 2023 licensing agreement didn't give away its exclusive rights to some patents as a Canadian rival has claimed, arguing the deal preserved its right to enforce the patents at issue.