Sat.May 04, 2024 - Fri.May 10, 2024

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The Difficult Nuance of Plagiarism

Plagiarism Today

Plagiarism is a complicated and nuanced topic. However, that nuance is often lost when it becomes a matter of public interest. The post The Difficult Nuance of Plagiarism appeared first on Plagiarism Today.

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25 Names You Won’t Believe Are Registered Trademarks and Not Generic

Erik K Pelton

Erik shares 25 commonly used names that are actually registered trademarks in this episode. Some of them may surprise you! The post 25 Names You Won’t Believe Are Registered Trademarks and Not Generic appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 commonly used names that are actually registered trademarks in this episode.

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BREAKING: Jury Says Microsoft Owes $242M For Infringing IPA Patent

IP Law 360

A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

Patent 145
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The USPTO Needs to Investigate This Disturbing ‘Patent Examiner’ Reddit Thread

IP Watchdog

If you have done a search for just about anything using Google, you have no doubt at one time or another stumbled across Reddit, the self-described “home to thousands of communities, endless conversation, and authentic human connection.” Regardless of what you are interested in, there is a community and conversation to be found on Reddit. For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4

Patent 130
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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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Why AI Makes Copyright Registration More Important

Plagiarism Today

For most creators, copyright registrations aren't practical. However, AI may give some a reason to change their mind. The post Why AI Makes Copyright Registration More Important appeared first on Plagiarism Today.

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Trade Secret Protection: What is It?

Erik K Pelton

The following is an edited transcript of my video What is Trade Secret Protection? There are numerous different types of intellectual property, such as trademarks, copyrights, and patents. Another type of intellectual property is trade secrets, such as the formula for Coca-Cola, or the original recipe for Kentucky Fried Chicken. These examples of intellectual property are protected because they have been kept secret, which makes them different from trademarks, copyrights, and patents in several

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New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

JD Supra Law

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey fans are now aware that the Coyotes will be relocating to Salt Lake City.

Trademark 120
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Yet Another NFT Copyright Failure

Plagiarism Today

Yuga Labs announced a new commercial NFT venture. However, the works involved were already placed in the public domain. The post Yet Another NFT Copyright Failure appeared first on Plagiarism Today.

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Subscene’s Demise is No Surprise But Millions of App Users Face Disruption

TorrentFreak

After two decades online and maybe even a few more under Divxstation branding right at the beginning, veteran subtitle download site Subscene.com has finally thrown in the towel. In various guises, linked to specific geographic regions, perhaps as many as 50 domains can be linked to Subscene over the past twenty years. At a time when legal streaming services didn’t even exist, Subscene offered subtitles for large libraries of movies and TV shows in multiple languages.

Branding 124
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USPTO Proposes Controversial New Rule on Terminal Disclaimer Practice

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) will officially publish a Notice of Proposed Rulemaking (NPRM) tomorrow that would change terminal disclaimer practice related to “non-statutory double patenting.” The judicially-created doctrine of “obviousness-type double patenting”(ODP) has become codified by the USPTO such that the Office will reject claims to more than one patent that vary in only minor ways from one another unless there is a promise by the patentee “not to extend the patent excl

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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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Google Facing New Copyright Suit Over AI-Powered Image Generator

JD Supra Law

Visual artists sued Google last week, alleging that Google’s AI-powered image generator, Imagen, was trained on their copyrighted content without authorization. The proposed class action asserts claims of direct copyright infringement against Google and vicarious infringement against Google’s parent company, Alphabet. The artists’ suit relies on the same theory underlying the string of recent litigation; the unauthorized inclusion of copyrighted content in the underlying datasets used to train.

Copyright 114
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3 Count: AI Dogpile

Plagiarism Today

Artists sue Nvidia and Databricks over AI training, Nintendo targets more Switch emulators and one major AI case to move forward. The post 3 Count: AI Dogpile appeared first on Plagiarism Today.

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Supreme Court: There’s No ‘Time Limit’ on Copyright Infringement Claims

TorrentFreak

In 1983, Sherman Nealy and Tony Butler founded Music Specialist Inc, an independent label that recorded just one album and a few tracks. The venture didn’t score any hits and it eventually dissolved after a few years. Nealy’s personal life was no major success either, as he spent time in prison from 1989 to 2008, and again from 2012 to 2015.

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WIPO Report Highlights Importance of Patenting to Improve Tech Capabilities

IP Watchdog

On May 2, the World Intellectual Property Organization (WIPO) issued its most recent biennial report, entitled “Making Innovation Policy Work for Development,” which analyzes patent filing, scientific publications and economic data across the globe over the last two decades to identify innovation policies effective at diversifying national economies.

Reporting 111
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Supreme Court Decides Warner Chappell Music, Inc. v. Nealy

JD Supra Law

On May 9, 2024, the U.S. Supreme Court decided Warner Chappell Music, Inc. v. Nealy, No. 22-1078, holding that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement itself occurred.

Music 111
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Eurovision’s Bizarre Plagiarism History

Plagiarism Today

Another year, another Eurovision plagiarism allegation. The annual show has a long history of plagiarism controversies, here's why. The post Eurovision’s Bizarre Plagiarism History appeared first on Plagiarism Today.

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Empowering Innovation: The Role of Intellectual Property in Technology Transfer

IP and Legal Filings

INTRODUCTION Technology transfer is a way for innovation. Its gained momentum with the advent of importance in R&D and patent registration. While facilitating technology transfer, it is significant to look at how IP rights play a role. It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges.

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Infographic | How to protect packaging with IP

Olartemoure Blog

In the competitive market, protecting the packaging design of products is highly important. Let’s talk about three intellectual property ways that can be used to protect your packaging. Each method provides unique benefits and protections. How can I protect designs with copyrights? Whether it’s an elaborate label design with vibrant colors or a characteristic illustration on your product packaging, copyrights protect the visual elements that make your product truly distinctive.

IP 105
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George Carlin Was Funny – Copying His Likeness AIn’t Estate Settles AI-based Copyright Claims

JD Supra Law

According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The special – “I’m Glad I’m Dead” – sought to reflect how Carlin would have commented on current events since his death in 2008. While most of the settlement terms are confidential, it is significant as one of the first resolutions of a case involving these issues.

Copying 104
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3 Count: Counterpunch

Plagiarism Today

MGM hits back in lawsuit over Road House script, DC Circuit skeptical about DMCA challenge and diss tracks freed of copyright restrictions. The post 3 Count: Counterpunch appeared first on Plagiarism Today.

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Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements

SpicyIP

One of the seemingly under-discussed aspects of the Delhi High Court’s decision in Sun Pharma v. Dabur India is the Court’s passing comments on the responsibility to serve the Counter-Statement in trademark prosecution. Passed on February 9, 2024, the High Court Ruling clarified that the deadline to file evidence in opposition cannot be extended by the discretion of the Registrar.

Copying 108
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SCOTUS Rejects Three-Year Limit on Copyright Damages But Sidesteps Accrual Question

IP Watchdog

The U.S. Supreme Court today issued its decision in Warner Chappell Music v. Nealy, a case that asks whether a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit. The Justices ruled 6-3 that “the Copyright Act entitles a copyright owner to recover damages for any timely claim,” with no limit preventing recovery for infringement that happened beyond three years.

Copyright 105
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Understanding Eligibility for Short-Term Disability Benefits in Ontario 

Nelligan Law

Reading Time: 2 minutes If you’re facing a temporary health issue in Ontario, knowing how to navigate the short-term disability benefits landscape is crucial. This blog will help you understand the qualifications for short-term disability benefits, the process, and what’s needed to access the support required during a temporary setback in your health.

Blogging 105
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3 Count: Shark Bite

Plagiarism Today

Judge denies new trial in Kat Von D case, Sony sends notice over Shark Tank India clips and Musi raises questions about legality. The post 3 Count: Shark Bite appeared first on Plagiarism Today.

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Control of medicine prices

Olartemoure Blog

Circular 18 of 2024 was issued by the National Commission for Medicine’s and Medical Devices prices (NCMMDP) to modify the methodology for the control of medicines prices which was originally contained in Circular 03 of 2013. The mentioned methodology can be summarized in the following six stages: Relevant Market Definition. All products with the same active pharmaceutical ingredient (defined through its Non Proprietary Name-INN); the same strength, the same “grouped” Pharmaceutical Dosage Form

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Pirate Site Owners Must Surrender, Informants Get Five-Figure Reward

TorrentFreak

Anti-piracy outfits come in all shapes and sizes and due to the nature of the business, there has been no shortage of controversies over the years, some justified and others less so. More recently, a strategy that has been seen only a handful of times before, has been playing out on social media. Protecting the interests of South Korean company Kakao Entertainment, the company’s ‘P.CoK’ anti-piracy unit has been engaging friend and foe alike, hoping to suppress piracy of local

Reporting 113
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Are Hard Seltzers Considered Beer?  The Jury is Still Out. 

JD Supra Law

Cerveceria Modelo De México, et. al, v. Cb Brand Strategies, Llc, et. al, 2024 WL 1253593 (2d Cir. Mar. 25, 2024) - A license agreement with broad terms might seem like a good idea, but it could turn into something that you later regret. On March 25, 2024, the Second Circuit (“the Court”) affirmed that a licensee did not violate a trademark license agreement for “beer” products by selling hard seltzer products under the same trademark.

Licensing 104
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3 Count: Nintendo Wipeout

Plagiarism Today

Nintendo wipes out more than 8,500 repos on GitHub, UK Lords pressures the government to act on AI, and YouTuber praises Kendrick Lamar. The post 3 Count: Nintendo Wipeout appeared first on Plagiarism Today.

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IP Owners Call For PTAB Amendment Plan To Be Permanent

IP Law 360

The U.S. Patent and Trademark Office has received a series of comments on its plans to formalize a Patent Trial and Appeal Board pilot program to assist patent owners in amending challenged claims, including from groups such as the Intellectual Property Owners Association and the Council for Innovation Promotion.

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Top 10 Charitable Solicitation Registration FAQs from Nonprofits

Cogency Global

What this is : In the world of nonprofit corporations, much of the focus is on charitable organizations. These types of nonprofit organizations come up with many recurring questions, especially as they relate to fundraising and state charitable solicitation registration requirements nationwide. What this means : To help address some common areas of confusion, we’ve shared the top 10 nonprofit compliance questions regarding fundraising that we field the most.

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Why the Supreme Court’s Latest Copyright Ruling May Be Short-Lived

Copyright Lately

The ink’s not even dry on Warner Chappell Music v. Nealy , yet the Court is already poised to make its new decision on copyright damages obsolete. Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in Warner Chappell Music, Inc. v. Nealy , ruling that, so long as a claim is timely filed, a copyright plaintiff is “entitled to damages, no matter when the infringement occurred.” Creative Cheers and Legal Uncertainties The Court’s decision was immediately c

Copyright 102
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New Piracy Blocking Order in Australia, Perhaps Congress Will Take a Look

TorrentFreak

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. Applications for injunctions filed at Federal Court are usually headed by local movie company Village Roadshow, with the main beneficiaries the major Hollywood studios, Netflix, and more recently, Apple.

IP 109
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Retail Group Opposes $1B Arbitral Award Against Walgreens

IP Law 360

An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.

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Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu

SpicyIP

The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Reviving, (and at least temporarily settling!) questions around what is therapeutic efficacy under Section 3(d) and the distinctions between coverage and disclosure, the 86 page judgement is an interesting one to go through! We’re pleased to bring you this guest post by Shivam Kaushik, who takes us on a quick tour of the order, highlighting points of particular interest.

Patent 102
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In re Post Foods, LLC : TTAB Denies Color Mark for Post’s Fruity Pebbles

IP Intelligence

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC [1] highlights the strategic and technical aspects involved in registering a color trademark as applied to a product. Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration.