Wed.Dec 11, 2024

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Irish Student Accused of Plagiarism Takes School to Court

Plagiarism Today

A student in Ireland is suing his school over how they handled his plagiarism case. However, it's a warning to all schools to be prepared. The post Irish Student Accused of Plagiarism Takes School to Court appeared first on Plagiarism Today.

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A Court’s Inherent Authority is Not to Be a Broad Reservoir of Power

IP Watchdog

On December 6, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in PS Products Inc. v. Panther Trading Co. Inc. that appears to allow a district court to sanction under its inherent authority when the sanctionable conduct is arguably covered by a specific rule. The facts of the case are not helpful for the sanctioned parties, PSP, and likely led to this outcome.

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3 Count: Digital Silence

Plagiarism Today

A major anime pirate site goes silent, a key BitTorrent site goes offline, and breakdancer Raygun gets a parody musical canceled. The post 3 Count: Digital Silence appeared first on Plagiarism Today.

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Navigating Copyright and AI in Financial Services

Velocity of Content

In todays data-driven world, the financial services industry relies on a steady flow of high-quality information to make informed decisions, manage risk, and create value for clients. Often, this critical information comes from externally-published materialsresearch analyses, market reports, news, and academic journalsthat help financial institutions stay current and maintain a competitive edge.

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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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Trademarks for Beginners

Erik K Pelton

New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode. The post Trademarks for Beginners appeared first on Erik M Pelton & Associates, PLLC. New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode.

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Sue this way

Likelihood of Confusion

Originally posted 2008-09-24 22:02:28. Republished by Blog Post PromoterThe AP reports (via Mrs. LOC again!) a pretty unusual intellectual property (well, let’s say abstract property) lawsuit involving bloggers. Steven Tyler, the man who made Mick Jagger’s lips look those of Frank Burns, is suing anonymous bloggers who have posted blogs purporting to be written by […] The post Sue this way appeared first on LIKELIHOOD OF CONFUSION.

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TTABlog Test: Is SWAG GOLF for Clothing Confusable with SWAG for Belt Buckles?

The TTABlog

Curious readers sometimes ask for follow-ups on cases that I list in my oral argument posts. Well, here's one: an opposition to registration of the mark SWAG GOLF for "Clothing for athletic use, namely, padded shirts; Clothing, namely, khakis; Belts for clothing; Bottoms as clothing; Embroidered clothing, namely, shirts, hats; Hoodies; Jerseys; Tops as clothing; Wearable garments and clothing, namely, shirts" [GOLF disclaimed], on the ground of likelihood of confusion with the registered mark SW

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Exploring the Challenges of AI Regulation

Barry Sookman

Regulating AI sounds good in theory, but has many challenges in practice. The key is to protect the public from material risks of harm, but without over regulating technological progress and innovation. One of my major criticisms of AIDA , Canada’s proposed artificial intelligence law, was that it would do just that. My morning inbox re-enforced this concern with two articles.

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Strengthening the Education System: Legal Reforms Needed to Address Examination Integrity

IP and Legal Filings

INTRODUCTION The integrity of examination systems is crucial to ensure that education performs its basic function: to arm the student with knowledge and skills measured fairly. In the last few years, malpractices in examinations have created an alarming situation that has made it imperative to seek legal amendments to strengthen the educational system.

Privacy 100
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incontestable LIZZIE BORDEN registration + actual confusion insufficient to overcome weight of history, 1st Circuit rules

43(B)log

US Ghost Adventures, LLC v. Miss Lizzies Coffee LLC, No. 23-2000 (1 st Cir. Nov. 15, 2024) The Lizzie Borden House bears a storied history that originates with the still-unsolved murders in 1892 of Lizzie Bordens father and stepmother. Ghost Adventures provides ghost tours and related hospitality services across the United States. It owns a bed and breakfast operated out of the Lizzie Borden House featuring a museum, ghost tours, and kindred activities. bed & breakfast sign Its success dep

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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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A first look at the Spanish proposal to introduce ECL for AI training

Kluwer Copyright Blog

A few weeks ago, the Spanish Ministry of Culture released a legislative proposal aimed at introducing extended collective licensing (ECL) for the development of general-purpose AI models. The first of its kind, the Draft Royal Decree to regulate the granting of extended collective licenses for the massive exploitation of works and other subject matter protected by intellectual property rights for the development of general-purpose artificial intelligence models, [1] was open for comments until e

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Katcall: Openings for GuestKats and InternKats!

The IPKat

Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions are six months (with the possibility of extension), and there are no geographical restrictions on either role. Please bear in mind that you need to have your employers permission to be part of the IPKat team.

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Dewberry Oral Arguments Focus on Discretion to Craft Profits Award Under Just Sum Provision

IP Watchdog

Today, the U.S. Supreme Court heard oral arguments in Dewberry Group, Inc. v. Dewberry Engineers Inc., which asks the Court to determine whether an award of defendants profits for trademark infringement under the Lanham Act can include profits from legally separate non-party corporate affiliates. Much of the days questioning revolved around whether the $43 million profits award affirmed by the Fourth Circuit was authorized under the just sum provision of 15 U.S.C. 1117(a) given the circuit cour

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Role of Family Courts in Intellectual Property Disputes: Looking at the Calluna Dispute before the Kerala High Court

SpicyIP

[This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur.] On 10 th October 2024, an intriguing question regarding jurisdiction of a family court over a trademark infringement claim came up ( pdf ) in front of a division bench of the Kerala High Court comprising of Justices Devan Ramachandran and M.B.

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Suspended Twitter User Loses Lawsuit Due to Section 230–Ryan v. X

Technology & Marketing Law Blog

[This blog post covers two decisions in the same lawsuit: the ruling on X’s initial motion to dismiss from September, which apparently never triggered my Westlaw or Lexis alerts, and then a ruling on X’s motion to dismiss the amended complaint that the court issued this week. My headline makes it sound like this is a run-of-the-mill outcome, but nothing about 230 is routine any more in the Ninth Circuit after the Calise and YOLO cases.

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How to Buy or Sell a Dental Clinic in Three (not exactly simple, but digestible) Steps – Part 2b

Stock Legal Blog

Welcome back to Part 2 of our blog series on Mergers and Acquisitions in the dental space. In Part 1 , we explored the Letter of Intent (LOI), and in Part 2a we discussed the Asset (and Goodwill) Purchase Agreement (APA) with a focus on the purchase of assets and price allocation. In this post, well delve into some of the most critical provisions of the APA: representations and warranties, covenants, and indemnifications.

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allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation

43(B)log

MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, F.Supp.3d -, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under 17 U.S.C. 512(f), tortious interference, defamation per se and per quod, and cancellation of Plaintiffs PROOV trademark.

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The Silent Circuit: The Growing Backlash against Rule 36 No Opinion Judgments from the Federal Circuit

Patently-O

By Dennis Crouch Four new amicus briefs were filed last week in ParkerVision v. TCL , bringing the total to eight and adding substantial firepower to the challenge against the Federal Circuit’s practice of issuing summary affirmances without opinion. I wanted to quickly run through the briefs and talk through their various perspectives on why the court’s Rule 36 practice warrants Supreme Court review.

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Mass joinder: Falling apart in the NDIL?

Patently-O

By Sarah Fackrell, Professor of Law at Chicago-Kent College of Law Toyota Motor Sales, U.S.A., Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 1:24-cv-09401 (N.D. Ill. Nov. 18, 2024), ECF 27. The Northern District of Illinois cottage industry, Schedule A litigation, depends on mass joinder of defendants. Plaintiffs accuse dozens, hundredssometimes over a thousanddefendants of IP infringement in a single case.