April, 2022

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The Growth of AI in Plagiarism Detection

Plagiarism Today

Earlier today, the Israeli-based plagiarism detection service Copyleaks announced a new $6 million round of funding to help them further develop their product. Though a relative upstart in this field, being founded in 2013, Copyleaks has been making steady progress both in their product and their business. Much of that success and interest is based upon the fact their product is powered by artificial intelligence.

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Introducing: the Building a Bold Bold Brand Wheel

Erik K Pelton

The are 8 mail types of word tools for creating bold brand names. See my new visual below to lean about the meaning tricks, sound tricks, and combination tricks to help make bold brands. You can read more details about all of these in the Building a Bold Brand book at Amazon. The post Introducing: the Building a Bold Bold Brand Wheel appeared first on Erik M Pelton & Associates, PLLC.

Brands 264
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World IP Day: IP and Youth-Innovating for a Better Future (Kidovate as an Example)?

Hugh Stephens Blog

This year the theme of World Intellectual Property (IP) Day, April 26, is “IP and Youth: Innovating for a Better Future”. As the World Intellectual Property Organization (WIPO) puts it; “Across the globe, young people are stepping up to innovation challenges, using their energy and ingenuity, their curiosity and creativity to steer a course towards … Continue reading "World IP Day: IP and Youth-Innovating for a Better Future (Kidovate as an Example)?

IP 246
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BREAKING: Article 17 of the DSM Directive is VALID

The IPKat

Let there be light! Nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is VALID.

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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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Just How Extreme is Bill C-18?: It Mandates Payments For Merely Facilitating Access to News

Michael Geist

Bill C-18, the Online News Act , is less than 48 hours old, but the more you examine the bill, the worse it gets. My previous posts unpacked why the general policy is bad for press independence and competition as well as why the bill features a misguided attempt to require payments for links. Yet the bill requires an even deeper look since it goes far beyond “compensating journalists when they use their content” (as Prime Minister Justin Trudeau said yesterday in the House of Commons

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1337x.to is Unreachable After Domain Name Expired (Updated)

TorrentFreak

For many seasoned BitTorrent users, 1337x.to is a familiar name. The site has been around for fifteen years and is a home to many reputable uploaders. Over the years 1337x has steadily climbed through the ranks. With millions of daily visits, it is one of the most popular torrent sites , trailing only behind YTS.mx and The Pirate Bay. At the time of writing, the site is hard to reach though.

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March 2022 Roundup of Copyright News

Copyright Alliance

In the month of March, the U.S. Copyright Office published several final rules related to the copyright small claims court while various U.S. courts weighed in on several closely watched […]. The post March 2022 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 141
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Copyright References in the Budget: Good Intentions Are Welcome but Early Action is Needed

Hugh Stephens Blog

Last week I discussed the copyright needle buried in the 2022 Canadian budget haystack, a reference to impending legislation to amend the Copyright Act to fulfill Canada’s obligation under the USMCA/CUSMA to extend its term of copyright protection from the life of the author plus 50 years to “life plus 70”.

Copyright 246
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Article 17 of the DSM Directive is valid: an early take on today’s Grand Chamber ruling

The IPKat

Censored. As The IPKat reported earlier today, nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is compa

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How Did News Media Canada Get Bill C-18? The Lobbying Records Tell the Story

Michael Geist

Bill C-18, the Online News Act , represents a massive win for News Media Canada, the lobbying arm for news organizations such as Postmedia and Torstar. After obtaining hundreds of millions in taxpayer support with programs such as the Local Journalism Initiative (made permanent in Budget 2022), the Journalism Labour Tax Credit, and the Digital Subscription Tax Credit, the organization set its sights on the Internet platforms.

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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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Music Industry Flags Discord and Reddit as Primary Piracy Threats

TorrentFreak

Following the example of the United States, the EU started publishing its very own piracy watchlist a few years ago. This ‘Counterfeit and Piracy Watch List’ is put together by the European Commission. As in the US, it relies on stakeholder groups to nominate several problematic sites and services for inclusion. The third iteration of the EU watchlist will be published towards the end of the year and several interested parties have already submitted their nominations.

Music 145
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How to ACTUALLY Avoid Plagiarism

Plagiarism Today

If you’re a student, budding journalist or just someone taking up writing, you definitely do not want to become known as a plagiarist. In schools, plagiarism carries with it severe penalties, including potential expulsion. Outside the classroom, being marked as a plagiarist, especially in a public way, is a permanent stain on one’s career. Though some careers move past it, the cloud is always there.

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Cybersquatting Web3 Domain Names

Traverse Legal Blog

There are new domain extensions in Web3, including.crypto,eth, and.nft. What happens when someone registers your trademark or personal name on these web3 extensions? There are two videos in this web3 domain squatting educational series. Both videos are linked in the description below for easy navigation and reference. Watch video one below. This is a ‘one of kind’ video series on token squatting.

Brands 140
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Enablement at the USPTO

Patently-O

by Dennis Crouch. I was reading recent PTAB ex parte cases looking to see how the Office is handling enablement questions. The first three cases I read all involved the same setup: The examiner made a rejection that that the PTAB suggests might have been better suited as an enablement rejection. For example, in Ex Parte Sugimoto (PTAB 2022), the PTAB explained that “the Examiner conflates enablement with indefiniteness.” The PTAB then noted similar sentiment in Ex parte Nunes (PTAB

Art 133
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The Louboutin/Amazon cases (C-148/21 and C-184/21) and primary liability under EU trade mark law

The IPKat

Merpel will be also spending the weekend shopping for (stiletto heel) shoes Last year The IPKat reported on a new referral to the Court of Justice of European Union (CJEU) from Luxembourg’s Tribunal d’arrondissement, asking whether the operator of a hybrid marketplace could be considered directly liable for trade mark infringement due to the presence of third-party listings of infringing goods on its platform.

Law 138
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New York Times Editorial Board Lobs Unfounded Criticism at Patent System, Iancu

IP Watchdog

The New York Times Editorial Board over the weekend penned an op-ed charging that the U.S. Patent and Trademark Office (USPTO) has “devolved into a backwater office that large corporations game, politicians ignore and average citizens are wholly excluded from.” The piece calls for an overhaul of the U.S. patent system and for new USPTO Director Kathi Vidal and Congress to “seize the opportunity…to modernize and fortify the patent system.

Patent 133
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DuckDuckGo Removes Pirate Sites and YouTube-DL from Its Search Results

TorrentFreak

Launched in 2008, search engine DuckDuckGo is a go-to service for Internet users who value their privacy. Unlike many competitors, the site doesn’t keep a record of users’ IP addresses or other sensitive information. In recent years, the site also stood out by returning cleaner results than competitors such as Google, which actively alters its algorithms to downrank pirate sites.

Privacy 145
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How to Defeat an AI-Powered DMCA Scam

Plagiarism Today

On April 13, Ben Dickson at The Next Web received an email from a lawyer with the name Nicole Palmer with the subject “DMCA Copyright Infringement Notice”. The letter was courteous and said that Dickson had used an image without permission. They were happy to have the image used, but simply wanted attribution back to the source. Dickson, however, began to investigate and found that he had obtained the photo from a free stock photo site, one that doesn’t require attribution.

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IP Reveries: Class 1 – IPR: A Tantalising Term or Troubling Terminology?

SpicyIP

IP Reveries: Class I – “IPR” – A Tantalising Term or Troubling Terminology? Swaraj Barooah & Lokesh Vyas. The introduction to this new series is laid out in a previous blogpost here. If you haven’t already, please read that to help make sense of this new series! Fair warning, this introductory post is longer than usual but we hope it makes for some easy Sunday reading!

IP 129
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Standing in Trademark Opposition and Cancellation Proceedings

Patently-O

by Dennis Crouch. In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. The issues are parallel to those faced on the patent side by unsuccessful Inter Partes Review (IPR) petitioners who attempt to appeal that loss.

Trademark 128
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When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works

The IPKat

This Kat has never been much into vampire lore, although our youngest did convince his parents to purchase the full set of episodes for Buffy, the Vampire Slayer. Vampires have been accused of many things over the centuries. But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. Last month marked one hundred years since the first screening in Berlin of the iconic vampire movie — Nosferatu: A Symphony of Horror.

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IP Stakeholders Cheer as Senate Finally Confirms Vidal to Head USPTO

IP Watchdog

The U.S. Senate confirmed Kathi Vidal as the next U.S. Patent and Trademark Office (USPTO) Director Tuesday night in a voice vote. Vidal’s confirmation comes after more than one year with no Senate-confirmed Director or Acting Director at the agency. Drew Hirshfeld has been operating under the title of “Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” since January 2021.

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Sci-Hub Only Option For Academics In Russia After Major Publishers Pull Out

TorrentFreak

While historical and geopolitical ambitions sit at the heart of the war in Ukraine, cynical disinformation and denial of knowledge allowed it to happen and now fuel its momentum. When used responsibly, the internet should provide mechanisms to counter these evils. In Russia, however, the state has decided that only its narrative is correct and anyone stating otherwise faces website blocking and up to 15 years in prison.

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Is Your Website Published or Unpublished?

Plagiarism Today

The case of Furnituredealer.net (FDN) versus Amazon and Coaster Company of America (CCA) is a fairly pedestrian one. . It deals with whether Amazon and/or CCA infringed FDN’s copyrights by scraping descriptions from their website for use as part of Amazon’s product listings. However, the case itself may depend on a question completely unrelated to any of defendant’s alleged actions.

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One of Our “Favorite Things” Are Lawsuits About Stolen Secret Recipes

Trading Secrets

Company Alleges Waffles Featured on Oprah’s Annual “Favorite Things” List Were Made From Stolen Recipe. A Massachusetts waffle manufacturer, The Burgundian, recently filed a lawsuit alleging that a potential co-venturer, Eastern Standard Provisions, submitted its Liege waffles for inclusion on Oprah Winfrey’s annual “Favorite Things” list without giving credit to Burgundian.

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Doctrine of Equivalents in Patent Litigation

Patently-O

15 years ago, several studies announced the “death of the doctrine of equivalents” post Festo. The chart below shows that courts have continued to write opinions about the DOE, and there have been several major cases where the doctrine was an important element of the patentee’s win.

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EPO Board of Appeal maintains functional epitope antibody genus claim (T 1964/18)

The IPKat

Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Functional and epitope antibody claims can capture a whole class ("genus") of antibody therapeutics, whereas sequence claim language captures a far narrower field molecules. A recent Board of Appeal decision confirmed that genus antibody claims are not only allowable, but when put to the test, can survive appeal ( T 1964/18 ).

Art 129
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German Decision Could Provide an Answer to AI Inventorship

IP Watchdog

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The decision was first rendered in November 2021 following oral argument, but the fully written opinion was only delivered March 31, and was published in German on the court's homepage on April 19, 2022.

Inventor 130
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DuckDuckGo ‘Restores’ Pirate Sites and Points to Bing as Culprit

TorrentFreak

It’s not a secret that Google and Bing are tweaking their search results to accommodate copyright holders. However, it was a surprise to see that pirate and related sites also started to disappear from DuckDuckGo, as we reported last week. An initial review revealed that the official domains for sites such as The Pirate Bay, Fmovies, and YouTube-DL were no longer showing up.

Reporting 142
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Etsy Launches New IP Portal

Plagiarism Today

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. The portal itself is fairly basic. Users login with their Etsy account and then first register their brand.

IP 258
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Managing IP Americas Awards 2022: all the winners revealed

Managing IP

We hosted the first instalment of the 17th annual Managing IP Awards to celebrate remarkable IP achievements by law firms and in-house teams in the Americas region

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SCIENTIFIC STUDY OF GOD

Patently-O

In re Glascoe (Fed. Cir. 2022). The USPTO refused to register Glascoe’s mark SCIENTIFIC STUDY OF GOD for use as a service mark when “analyzing the process of creating a human being, the earth, the universe and its environment.” I know what you are thinking–deceptively misdescriptive. The TTAB did not go there, but instead refused registration after concluding that the mark was “merely descriptive.” “A term is merely descriptive if it immediately conveys

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The Curious Question of Who Is An “Any Person” Part 1: BHC and Diluting of Pre-Grant Oppositions

SpicyIP

image from here. A recent order by the Delhi High Court in the case of Agriboard International Llc vs Deputy Controller Of Patents brought up the very relevant issue of the requirement of the Patent office to issue “speaking orders” while rejecting a patent application. Indeed, this is an important requirement and we will look to cover this decision in a blog post soon.

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DABUS Sent Back to Drawing Board Following Reversal of Inventorship Decision by Australia Court

IP Watchdog

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. DABUS is a computer built, programmed and owned by Dr. Stephen Thaler. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Sky Tries to Remove ‘Pirate’ IPTV App “CucoTV” from GitHub

TorrentFreak

With 70 million users and over 200 million code repositories, GitHub is the largest online developer platform of its kind. The site is used by individual coders and large organizations to host visually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. While most projects are perfectly legitimate, there are some that attract negative attention.