Sat.May 07, 2022 - Fri.May 13, 2022

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Plagiarism Today Plagiarized in a Plagiarism Atonement Essay

Plagiarism Today

Most mornings, right after I wake up, my morning tasks include gathering any copyright and/or plagiarism news stories that I can find on the internet. . I read pretty much all of them, some copyright-related ones go into the 3 Count column and other stories get set aside for additional research to become full posts on the site. It’s a ritual I’ve done nearly every weekday morning for over a decade.

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Sounds, Colors, Scents, and Other Nontraditional Trademarks

Erik K Pelton

The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. And it’s one of my favorite topics to talk about because there’s so many exciting and interesting examples of different non-traditional trademarks.

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Minnesota Wants to Ban Under-18s From User-Generated Content Services

Technology & Marketing Law Blog

As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota House] The bill fits the “protect-the-kids” narrative that politicians champion during election years, but it’s counterproductive towards that purported goal.

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Pirate Site Blocking is Making its Way Into Free Trade Agreements

TorrentFreak

Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was still relatively controversial at the start of the last decade but it’s increasingly being normalized.

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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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The Duke University Commencement Plagiarism Scandal

Plagiarism Today

On May 8, 2022, Duke University held its commencement ceremony, which included an address by graduating student Priya Parkash. . In that speech, she likened Duke University to its own country and said that she has been embracing her “Duke citizenship” over the past four years. She went on to compare Duke to a nation, saying that the school had its own unique landmarks, a large endowment and a tendency for citizens to proudly display their affiliation as they travel.

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Hyatt back to the Supreme Court: Special APA Procedures for the Patent Office?

Patently-O

by Dennis Crouch. Hyatt v. USPTO (Supreme Court 2022). Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT).

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More Trending

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Survey Results: Physical and Download Mechanical Rates Survey–Artist Rights Watch

The Trichordist

Many readers participated in the Physical and Download Mechanical Rates Survey that various organizations have sent to their members over the last few weeks. Here are the… Read more "Survey Results: Physical and Download Mechanical Rates Survey–Artist Rights Watch".

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3 Count: DRM Destruction

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Xbox’s Online DRM Under Fire as Some Users left Unable to Play Games for 4th Day. First off today, Andy Robinson at VGC reports that Xbox’s digital rights management tools (DRM) are coming under fire as many legitimate customers find themselves unable to play their games over the past four days.

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Big Candy and Big Food Companies Ask Congress To Intervene on Illicit Cannabis Packaging

Greenspoon Marder LLP

By: Justin McNaughton and David Standa Last year, Congress began working on new legislation to combat the amount of counterfeit goods being sold through e-commerce sites. The so-called SHOP SAFE Act would impose responsibility on online retailers for establishing certain validation requirements for sellers, the penalty being holding e-commerce sites responsible for counterfeiting occurring on their sites.

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NIH Makes Deal with WHO to Share Key COVID Technologies

IP Watchdog

The United States National Institutes of Health (NIH) signed a deal today with the World Health Organization’s COVID-19 Technology Access Pool (C-TAP) and the Medicines Patent Pool (MPP) that allows manufacturers greater access to key COVID-19 technologies owned by NIH. The licensing agreement offers 11 technologies under transparent, global and non-exclusive licenses.

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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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Court Explains How Smileys Are “Prone to Multiple Interpretations”–In re State

Technology & Marketing Law Blog

This case involves a real estate dispute that’s been in the courts for almost 30 years. (Any case tied up in the courts that long is bound to have lots of drama associated with it and usually has gone well past the point of economic rationality). An associate worked for the defense firm, billing 1 hour to the case. That associate then left the defense firm and later got hired by the plaintiff firm.

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3 Count: Plagiarism Again

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sen. Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’. First off today, Gene Maddaus at Variety reports that Senator Josh Hawley has introduced a bill that aims to drastically rewrite copyright law in the United States, rolling back the term of copyright to just 28 years with the option for renewal for another 28.

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Warhol Foundation v. Goldsmith at SCOTUS Part I: The Transformative Question

The Illusion of More

Copyright watchers were surprised when the Supreme Court granted Andy Warhol Foundation’s (AWF) petition for certiorari in its case against photographer Lynn Goldsmith. For deeper background, see older posts, but this is the dispute over Andy Warhol’s “Prince Series” silkscreen images of rock legend Prince made in 1984 using Goldsmith’s unpublished 1981 portrait photograph as […].

Copyright 122
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Tax, Metaverse, and Sustainability in Focus at INTA Annual Meeting—Plus Speeches by Tang and Vidal

IP Watchdog

An understanding of tax issues is increasingly important for trademark practitioners—and a new report by the International Trademark Association (INTA) focusing on the European Union, Switzerland and the United Kingdom aims to help them achieve that. The “Report on the Taxation of Trademarks and Complementary Rights in Europe” was unveiled at the 144th INTA Annual Meeting Live+, which was held in Washington, D.C. and online from April 30 to May 3.

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Australian Court Overturns AI Inventorship Ruling

JD Supra Law

In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the Australian Patents Act 1990 (the Act).

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3 Count: 32 Percent Increase

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Royalty Board Asked to Approve 32% Increase on Mechanical Royalties for Physical Products, Downloads. First off today, Shirley Halperin and Jem Aswad at Variety reports that the major record labels have teamed up with the National Music Publishers Association and the Nashville Songwriters Association International to petition the Copyright Royalty Board (CRB) to raise the mechanical royalty rate some 32%

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Which Fruits are Off-Limits?

IPilogue

Photo by Pineapple Supply Co. ( Unsplash ). Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Given the power of Apple’s brand, it is no surprise that they actively challenge trademarks that resemble their own to protect the dilution of their trademark. But this raises some key questions: Should Apple have the right to challenge all trademarks relating to an apple?

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Importers Beware! Burden Shifting in Patent Infringement Cases

IP Watchdog

A large portion of the technology that we rely on daily—cell phones, computers, and the sensors and infrastructure that connect them, as well as an increasing percentage of drugs—is manufactured outside the United States, and in particular China. Indeed, over the past 25+ years the value of goods imported from China has increased ten-fold. Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U

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Inviting Into Our Consciousness: Prosecution History in Trade Mark Infringement

SpicyIP

We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page.

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The Problem of Industry 4.0: Data! – Part 1

Christopher Roser

Industry 4.0 is still a hot topic, even over ten years after the term was coined. Unfortunately, very often I find it to be much more hype than content. The examples where it actually worked well are few and far between, and the examples where not much was hyped as groundbreaking are way too frequent. Read more. The post The Problem of Industry 4.0: Data!

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Cybersecurity Attacks—War of a New Era

IPilogue

Photo by Michael Dziedzic ( Unsplash ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. Cybersecurity has become a major battlefield in the war between Russia and Ukraine. Even before Russia invaded Ukraine on February 24 th , it had launched waves of cybersecurity attacks on a range of important social sectors of Ukraine.

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Doing Business in Russia After the Ukraine Invasion—Justifications and Risks

IP Watchdog

As horrifying images continue to flow from Ukraine, politicians in the United States and Europe find themselves increasingly pressured to expand economic sanctions against Russia. On April 6, 2022, the White House announced a prohibition on new investment in Russia by any U.S. person. This move has undoubtedly been a factor in the stunning exodus of U.S. companies from the region, as it leaves management teams in legal limbo as to whether maintaining current facilities—or even repairing equipmen

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Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Other than traditional or conventional trademarks, another category of trademarks exists, known as non-traditional or non-conventional trademarks, including motion marks, sound marks, scent marks, color marks, hologram marks, shape marks

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More Bizarre Goings On At the Copyright Royalty Board, this time with additional Google, fava beans and a fine Chianti

The Trichordist

[This post first appeared on MusicTechPolicy] by Chris Castle One of the main beefs I’ve had with the Copyright Royalty Board is the secrecy in plain sight.… Read more "More Bizarre Goings On At the Copyright Royalty Board, this time with additional Google, fava beans and a fine Chianti".

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Proctorio v Linkletter: Exam Invigilation or Invasive Surveillance? – Part 1

IPilogue

Photo by Kaitlyn Baker ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . With the emergence of the pandemic, schools across the globe had to rapidly shift to new testing mechanisms in line with stay-at-home lockdown orders. Remote invigilation and AI software seemed like the tools to support instructors and prevent cheating on exams that were suddenly shifted online.

Privacy 105
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This Week in Washington IP: Open Source Cybersecurity Solutions, Civil Capabilities for Space Situational Awareness and Using AI for Effective RegTech

IP Watchdog

This week in Washington IP news, the Senate Science Committee convenes an executive session on Wednesday to deliberate over a pair of bills that would direct the Federal Communications Commission’s activities on establishing universal telecommunications services. Over in the House, the Investigation and Oversight Subcommittee and the Research and Technology Subcommittee explore issues in the use of open source systems for enterprise-level cybersecurity, the Space and Aeronautics Subcommittee foc

IP 119
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What does the CJEU judgment in the Polish challenge to Article 17 (C-401/19) mean for the transposition and application of that provision?

The IPKat

On 26 April 2022, the Court of Justice of the European Union (CJEU) delivered its long-awaited judgment in Poland v European Parliament and Council (C-401/19). The Court held Article 17 of the DSM Directive compatible with freedom of expression and information under Article 11 of the EU Charter of Fundamental Rights. In so doing, it rejected the request of the Republic of Poland to annul said provision.

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UK Considers How to Tackle Trend of Social Media Influencers Promoting Counterfeit Products

JD Supra Law

Following the success of the previous blog post “A Brief Overview of the Metaverse and the Legal Challenges It Will Present,” we are introducing a new feature for the Tech & Sourcing blog: “Future Watch.” Our Future Watch posts will focus on the most topical areas of the technology industry and will explore the associated legal challenges and potential future developments.

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WiLAN patent portfolio will demand attention if a sale is pursued

IAM Magazine

As Quarterhill’s strategic review considers the potential sale of Canadian patent licensing business WiLAN, a PatSnap portfolio analysis shows plenty of value for any future buyer.

Patent 98
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SDNY Finds Patent for Processing Financial Transaction Data Invalid Under 101

IP Watchdog

Last week, the U.S. District Court for the Southern District of New York granted Block, Inc.’s Motion to Dismiss a complaint brought by AuthWallet, LLC against it for failure to state a claim. The district court found that the claims of AuthWallet’s patent were invalid because they claimed patent ineligible subject matter under 35 U.S.C. § 101. AuthWallet’s U.S.

Patent 111
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Is Jerry West’s Potential Lawsuit Against HBO Over His Portrayal in the Lakers Docudrama “Winning Time” a Jump Ball?

The IP Law Blog

Last month, HBO released its new drama series Winning Time : The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. To say that Jerry West, the former head coach and GM of the Los Angeles Lakers dislikes the way he is portrayed in the HBO series Winning Time is an understatement.

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Treasury Department Issues General License Authorizing Certain Transactions Related to Patents, Trademarks, and Copyrights

JD Supra Law

On March 2, 2022, the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury issued General License No. 13, which authorized "U.S. persons. to pay taxes, fees, or import duties, and purchase or receive permits, licenses, registrations, or certifications" for a limited time when such activities relate to transactions involving the Central Bank of the Russian Federation ("Bank of Russia") and to the extent that such activities would otherwise be prohibited by.

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Alternatives For Metaverse Platform IP Enforcement Protocols

IP Law 360

As brands that hope to profit from the metaverse face the challenge of protecting their intellectual property, platforms may benefit from putting in place nonjudicial protocols to streamline dispute resolution for patent infringement claims, says Benjamin Stasa at Brooks Kushman.

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Send Us Photos of Your Favorite Watchdogs!

IP Watchdog

If you’re a regular IPWatchdog reader, you will know that each week we run a roundup of all the IP news we covered and/or couldn’t get to from the previous week, titled “Other Barks and Bites.” The roundup is published every Friday afternoon and compiled by our long time freelance reporter, Steve Brachmann. These pieces are usually illustrated by stock photos of dogs reading the news, but we have recently begun featuring some of the IPWatchdog team’s favorite pups: Dusty and Luna Bella Quinn; Mo

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Is Jerry West’s Potential Lawsuit Against HBO Over His Portrayal in the Lakers Docudrama “Winning Time” a Jump Ball?

LexBlog IP

Last month, HBO released its new drama series Winning Time : The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. To say that Jerry West, the former head coach and GM of the Los Angeles Lakers dislikes the way he is portrayed in the HBO series Winning Time is an understatement.

Privacy 98