Tue.Jul 02, 2024

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Plagiarism in Pop Culture: Elsbeth

Plagiarism Today

Plagiarism comes to the Big Apple as lawyer-turned-detective Elsbeth solves a case with two separate plagiarism plot lines. The post Plagiarism in Pop Culture: Elsbeth appeared first on Plagiarism Today.

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Read this before choosing a new brand name!

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. They are the sum parts of a company and the customer’s relationship with its products or services. When consumers form a relationship to a brand, the relationship focuses not just on the product or service, but also on quality reliability, the consumer’s perception of what the business represents and

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Major Labels File Suit Against AI Music Start-Ups for Unlicensed Training

JD Supra Law

On Monday, June 24, 2024, the three U.S. major record labels, Universal Music Group, Warner Music Group and Sony Music Entertainment, filed copyright infringement claims against two artificial-intelligence (AI) music start-ups, Suno and Udio. These AI music companies allow users to generate musical recordings based on text prompts, including by genre and topic.

Music 120
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The Sky Isn’t Falling Post-Chevron – But it May if Daubert Standard Dies

IP Watchdog

In the ongoing debate over healthcare misinformation and disinformation, one question supersedes all others: “Who owns science?” Who should the American people trust and how can we best communicate “just the facts” so the public can make the best healthcare decisions? And it’s important to remember that this debate isn’t just about vaccine denial.

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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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Nike and BAPE Settle Trademark Infringement Lawsuit

JD Supra Law

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others.

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Conn. Justices Send Trade Secrets Row Back To Trial Court

IP Law 360

The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.

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LaLiga Demands €450 After ISPs Log Subscribers’ Visits to Pirate Servers

TorrentFreak

When news began to break in early March, indicating that Spain’s most powerful football league had been authorized by a local court to track down people who simply viewed pirate streams, the story made for puzzling reading. Claims in the media, that this related to pirate IPTV subscribers, spread like wildfire. That benefited LaLiga’s deterrent messaging campaign but lacked any basis in truth.

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US Inventor Urges CAFC to Review Implementation of Rule 36

IP Watchdog

Yesterday, US Inventor, Inc. (USI) filed an amicus brief in Island Intellectual Property LLC v. TD Ameritrade, Inc., urging the U.S. Court of Appeals for the Federal Circuit (CAFC) to reconsider its use of Rule 36 when affirming decisions. The underlying district court decision was issued in November 2022 by Judge Rodney Gilstrap, who adopted Magistrate Judge Roy Payne’s September 2022 Report and Recommendation and granted TD Ameritrade’s (TD) Motion for Summary Judgment on the patent infringeme

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3 Ways Agencies Will Keep Making Law After Chevron

IP Law 360

The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

Law 98
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Pirate Streaming Giant FMovies Hasn’t Updated in a Week

TorrentFreak

With more than half a billion site visits in just three months, pirate streaming site FMovies is seen as a major threat by Hollywood. The pirate site rivals legal streaming platforms such as Disney+ in web traffic and has become the poster child for rejuvenated site blocking proposals in the U.S. Congress. Pressure Mounts To illustrate the brazenness of the site, lawmakers in Congress got a demo of the site from MPA’s Senior Executive Vice President, Karyn Temple, late last year.

Copyright 106
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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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Industry Self-Regulation Will Shine Post-Chevron

IP Law 360

The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

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Two-Part Series on Nasty Swift vs. Scooter Rights Dispute Depicts Tay as no Friend to IP rights

IP Close Up

Taylor Swift has presented herself as an advocate of fellow recording artists, even going so far as to include shares of Spotify for them in Continue reading

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AI Watch: Global regulatory tracker - South Africa

JD Supra Law

South Africa is yet to announce any AI regulation proposals but is in the process of obtaining inputs for a draft National AI plan. Laws/Regulations directly regulating AI (the “AI Regulations”) AI remains largely unregulated in South Africa. Existing legislation regulates some activities conducted by organizations using AI, including the Protection of Personal Information Act (POPIA), the Copyright Act, the Patents Act, and the Competition Act.

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NetChoice and Calvinball: Initial thoughts

43(B)log

I understand if you don’t think that the First Amendment is an area where SCOTUS is really doing “law” as we were taught it, but as a distraction for myself I have been thinking about (1) the idea that facial challenges are strongly disfavored and (2) the idea that content-based speech restrictions are presumptively unconstitutional. (2) might well be on its way out anyway, and I think (1) will speed its demise, or at least make (2) (hereinafter Reed ) something of a dead letter.

Law 72
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EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale

JD Supra Law

A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States.

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House IP Subcommittee Holds Hearing on the American Music Fairness Act

Copyright Alliance

On June 26, the House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled “Radio, Music, and Copyright: 100 Years of Inequity for Recording Artists.” […] The post House IP Subcommittee Holds Hearing on the American Music Fairness Act appeared first on Copyright Alliance.

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Chevron is Done — What Does Loper mean for the PTAB and ITC?

JD Supra Law

In Loper Bright Enterprises v. Raimondo, the Supreme Court expressly overruled Chevron USA Inc. v. Natural Resources Defense Council, Inc. This landmark 6-3 ruling ends nearly 40-years of Chevron deference, the doctrine of deferring to an agency's interpretation of allegedly ambiguous statutory language. Instead, courts will now exercise independent judgment over statutory interpretation traditionally under the purview of agencies.

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FTC Investigating Teva Inhaler Patent Listings, Report Says

IP Law 360

The Federal Trade Commission has opened an investigation into Teva Pharmaceuticals after it refused to remove inhaler patents from a key federal database, according to a Washington Post report citing confidential agency documents.

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Sage Therapeutics Prevails in USPTO: Trademark Trial and Appeal Board Opposition to SAGEFORTH Mark

JD Supra Law

The USPTO Trademark Trial and Appeal Board issued a precedential decision on April 12, 2024, in favor of Sage Therapeutics, finding a likelihood of confusion between Sage’s SAGE CENTRAL mark and the mark SAGEFORTH, and refused registration of the SAGEFORTH trademark.

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Samsung Says Litigation Funder Misused Its Trade Secrets

IP Law 360

Samsung Electronics Co. Ltd. says an intellectual property law firm and a Chinese litigation funder used its confidential information without permission to help Staton Techiya LLC assert patent infringement allegations, telling a Texas federal judge that the conduct demonstrated why the court should add the other companies to Samsung's suit.

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EU extends sanctions against Belarus to fight circumvention

JD Supra Law

Following the adoption of its 14th sanctions package against Russia, the European Union ("EU") extended the scope of its sanctions against Belarus with a view to "mirroring several of the restrictive measures already in place against Russia" and "making EU sanctions against Russia more effective".

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Pfizer, BioNTech Infringed Moderna's MRNA Vaccine Patent

IP Law 360

Pfizer and BioNTech are on the hook for infringing Moderna's protections over its mRNA vaccines after a London court upheld on Tuesday the validity of one of two key U.K. patents over the technology.

Patent 59
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U.S. Supreme Court Administrative Law Decisions Raise Questions for U.S. Patent and Trademark Office Proceedings

JD Supra Law

Last week, the U.S. Supreme Court decided two important administrative law cases that are expected to increase judicial authority over agency adjudications and rulemaking. In Securities & Exchange Commission v. Jarkesy (decided June 27), the Court held that when the U.S. Securities and Exchange Commission (SEC) seeks civil penalties for securities fraud, the defendant is entitled to a jury trial.

Law 73
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WIPO Report: Global Intangible Assets Reach Nearly $7 Trillion in 2023 Investment Surge

IP Watchdog

In 2024, WIPO and Italy’s Luiss Business School (LBS) established Global INTAN-Invest, a database that measures the growing interest and investment in intangible assets. These results, released annually via the World Intangible Investment Highlights, emphasize the importance of intangible assets and evaluate how companies can optimize their investments for competitive advantages.

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Branded Manufacturers Decline to Remove Patents From the Orange Book After Receiving Letters From the FTC

JD Supra Law

On Friday, June 21, 2024, the FDA updated its Patent Listing Dispute List to indicate that the ten pharmaceutical companies who had received warning letters from the FTC in April did not make changes to their patent listings in the FDA’s catalog in view of the warning letters.

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Mike Huckabee Says Meta Hosted Fake CBD Gummy Ads

IP Law 360

Former Arkansas Gov. Mike Huckabee says Meta Platforms Inc. has been allowing and hosting advertisements that falsely portray him promoting CBD gummies, leading to people falsely associating him with the CBD industry and marijuana use, according to a suit filed Monday in Delaware federal court.

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Geneva Insights - July & August 2024

JD Supra Law

International Geneva – A global governance ecosystem of over 40 international organizations, 178 country representations and 700+ non-governmental organizations.

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Ex-Jets Worker Says Team, NFL Stole His Logo Design

IP Law 360

A former New York Jets film and video director claims the team used his logo design off and on for years without his permission or compensating him for its use, according to a suit filed in Empire State federal court.

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New Jersey District Court Orders Delisting Of Teva Inhaler Patents From The Orange Book

JD Supra Law

On June 10, 2024, Judge Stanley R. Chesler of the United States District Court for the District of New Jersey granted the Amneal defendants’ motion for partial judgment on their counterclaims in a Hatch-Waxman dispute, and ordered the Teva plaintiffs to delist certain inhaler patents from the Orange Book. Teva Branded Pharmaceutical Products R&D, Inc. v.

Patent 71
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Marriott Loses Counterclaim In Delta's TM Suit

IP Law 360

Delta Air Lines Inc. has won its fight against Marriott International Inc.'s claim that the airline breached an agreement over the use of "Delta Hotels," with a Georgia federal judge finding that the deal at issue applies only in Hong Kong and China.

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Latest Federal Court Cases - July 2024

JD Supra Law

Amarin Pharma, Inc. v. Hikma Pharms. USA Inc., Appeal No. 2023-1169 (Fed. Cir. June 25, 2024) In the Court’s only precedential patent opinion last week, the Federal Circuit reversed the district court’s dismissal of Appellant Amarin’s induced infringement claim based on off-label use of a generic drug. Amarin had asserted patents against Appellee Hikma directed to one of the pharmaceutical indications for Amarin’s drug Vascepa®.

Patent 71
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USPTO Faces TM Suit From Ariana Grande Over Benefit Show

IP Law 360

Federal trademark officials wrongly turned down a bid by pop star Ariana Grande to register a trademark relating to a benefit concert she performed in England following the deadly bombing at one of her other shows in Manchester, according to a new lawsuit.

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Copyright Development: Challenge to Medical Device “Right to Repair” Permitted Under APA

JD Supra Law

On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules promulgated by the Library of Congress involving copyrights can be challenged under the Administrative Procedure Act (APA).

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Health Data Co. Alleges Contract Breach, Seeks Del. TRO

IP Law 360

A Blue Cross Blue Shield Association healthcare data licensee has sued for a Delaware Court of Chancery injunction that would bar a client from sharing a valuable database of BCBS medical and pharmacy claims with direct competitor Cigna Corp.

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Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2024

JD Supra Law

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided the station’s signal to at least one viewer outside the station’s local service area during 2023. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board.