Sat.Apr 16, 2022 - Fri.Apr 22, 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.

Branding 264
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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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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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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 Not-Quite-So Legal Future for Web Scraping

Plagiarism Today

hiQ Labs Logo (PRNewsFoto/hiQ Labs). Web scraping has been one of the longest-running themes on this site, with the first articles about it going live as far back as 2006. . The truth is that web scraping has always been controversial, but equally fraught legally. A wide myriad of laws impact, or at least can impact, scraping activities online. . However, a recent ruling from the Ninth Circuit Court of Appeals aims to clarify a key aspect of web scraping.

Licensing 254
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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.

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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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3 Count: Clubbed Penguin

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Three Arrests Over Unofficial Club Penguin Site. First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017.

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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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Delayed Megaupload Lawsuits Get Assigned to Ninjavideo Judge

TorrentFreak

More than a decade has passed since the file-storage empire of Kim Dotcom collapsed and Megaupload became the prime target in a high-profile law enforcement operation. Aside from Andrus Nomm’s plea deal and conviction , progress in the criminal proceedings against Megaupload’s founder and former associates is slow. The United States has asked New Zealand to extradite Megaupload founder Kim Dotcom, but the German-born entrepreneur and his former colleagues are fighting the request tooth and nail.

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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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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.

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3 Count: Shared Passwords

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Netflix Warns of Crackdown on Password Sharing. First off today, Wilson Wong and Rob Wile at NBC News reports that that Netflix has announced that it will be launching a global crackdown on password sharing that could impact as many as 100 million households. The announcement follows news that Netflix lost subscribers for the first time in 10 years, shedding over 200,000 of its over 221 million users.

Music 200
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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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Man Pleads Guilty to $23m YouTube Content ID Scam

TorrentFreak

YouTube’s Content ID is an advanced piracy recognition system that aims to flag videos or music on users’ channels uploaded without permission. Once detected, such content can be removed or monetized at the discretion of the relevant rightsholders. While Content ID is generally considered effective and financially useful for rightsholders, the system relies on the honesty of those allowed to use it.

Music 129
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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.

Inventor 130
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3 Count: DuckDuckNo

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Web Scraping is Legal, US Appeals Court Reaffirms. First off today, Zack Whittaker at TechCrunch reports that the Ninth Circuit Court of Appeals has reaffirmed its earlier decision and held that scraping publicly accessible webpages is not a violation of the Computer Fraud and Abuse Act (CFAA).

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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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Spanish Pirate Site Operator Gets Two-Year Prison Sentence, Mother Walks Free

TorrentFreak

There has never been any shortage of Spanish-focused piracy sites. Roughly a decade ago these sites could operate relatively freely, but law enforcement has become more active recently, in part backed by new legislation. By now it’s clear that running a pirate site is not without risk. And running five pirate sites at once is even more problematic, as Miguel TG found out the hard way.

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CAFC Reverses District Court Finding that Apple Lacked Personal Jurisdiction Over Zipit

IP Watchdog

On April 18, the United States Court of Appeals for the Federal Circuit (CAFC) reversed and remanded the U.S. District Court for the Northern District of California’s decision dismissing Apple Inc.’s complaint for declaratory judgment of noninfringement for lack of personal jurisdiction. Apple brought the complaint against patent owner Zipit Wireless, Inc.

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Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

In today’s highly competitive working environment, almost every other individual knows what Intellectual Property (IP) is and that the protection of IP assets is a matter of paramount importance. Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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Ceasing Patent Enforcement from Alternative Perspectives: Russia and Moderna

IPilogue

Photo by Tamara Malaniy ( Unsplash ). Andrew Masson is an IPilogue Writer and 1L at Osgoode Hall Law School. . Two major pieces of patent protection news with global long-lasting significance dropped in early March for drastically different reasons. First, Moderna, a producer of COVID-19 vaccines, announced that it will never enforce its COVID-19-related patents against 92 low- and middle-income countries.

Patent 119
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MPA Signs New Anti-Piracy Deal Committing to “Rolling Site-Blocking Regime”

TorrentFreak

Despite the absence of any similar coordinated scheme in the United States, Disney, Netflix, Paramount, Sony, Universal, and Warner Bros. regularly criticize countries for not implementing measures to block pirate sites. When they do, however, praise isn’t far behind/. In April 2021, the Philippines joined the growing list of countries to implement site-blocking measures, in this case one that needs no oversight from the courts.

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Actions of USPTO Officials Performing the Director’s Functions and Duties During Director Vacancy are Void

IP Watchdog

Under the U.S. Constitution’s Appointments Clause, “Officers of the United States” generally are required to be nominated by the President “by and with the Advice and Consent of the Senate.” This rule applies equally to the Director of the U.S. Patent and Trademark Office (USPTO), who has an important executive role with political accountability and therefore, by statute, must be Presidentially-Appointed and Senate-Confirmed (PAS).

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The Curious Question of Who Is An “Any Person” Part 2: Where’s The Data?

SpicyIP

Image from here : This two part series looks at a case from late 2020, dealing with pre-grant oppositions. The first part questioned the relevance of educational and professional qualifications of pre-grant opposition filers, in context of the literal and contextual interpretation of ‘any person’ in the existing legislation requiring an expansive reading.

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Shhh… Tiffany knows your (trade) secrets!

IPilogue

Photo by minxlj ( Flickr ). . Jasmine Yu is an IPilogue Writer and a 1L JD Candidate at the University of Toronto Faculty of Law. All that glitters is not gold, but trade secrets in the sparkling world of luxury jewellery might just be worth the gold and diamonds they sell. On February 28, French luxury jeweller Cartier sued its competitor, Tiffany & Co.

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New Phase of ‘Operation 404’ Targets Pirate IPTV & TV Streaming Sites

TorrentFreak

For the past three years, authorities in Brazil have displayed new momentum in the battle against all types of pirate sites. Following a complaint from local anti-piracy group APDIF (Association for the Protection of the Intellectual Property Rights of the Phonographic Industry), in January 2019 Brazil’s Federal Police shut down a private torrent site but that was just a taste of things to come.

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Jump Rope Systems Asks CAFC for Initial En Banc Rehearing Challenging Collateral Estoppel Ruling in XY v. Trans Ova Genetics

IP Watchdog

On April 19, exercise equipment developer Jump Rope Systems filed a petition with the U.S. Court of Appeals for the Federal Circuit (CAFC) seeking an initial hearing en banc to challenge a consent judgment entered in a patent infringement case filed in the Southern District of Ohio. Jump Rope Systems is asking the full Federal Circuit to overturn its own decision in XY, LLC v.

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Generative art NFTs - what brand owners need to know about copyright protection

JD Supra Law

This is part 4 of our IP Update series exploring the evolving landscape for Internet, Digital Media and e-Commerce. Overview Non-Fungible Tokens (NFTs) continue to generate significant commercial value for brands through the licensing or transfer of intellectual property and commercial rights.

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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. Freedom Financial Network, LLC. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The underlying case is a putative TCPA class action.

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Piracy Poses Concern as Netflix Subscribers Drop for the First Time

TorrentFreak

As the first major legal streaming service on the Internet, Netflix paved the way for a streaming revolution. The company started competing with piracy from the get-go, branding itself a superior alternative. At some point, the company even used illegal download statistics as market research, to determine what shows and movies should be added to its library. ‘Piracy is No Match’ In the early days, Netflix viewed piracy as an opportunity rather than a threat.

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Photography Copyright Cases Photographers Should Know?

Copyright Alliance

On March 29, the U.S. Supreme Court made the huge announcement that it will take on Andy Warhol Foundation v. Goldsmith, a case that may result in one of the […]. The post Photography Copyright Cases Photographers Should Know? appeared first on Copyright Alliance.

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Evolving Legal Issues for NFTs

JD Supra Law

Introduction to NFTs- Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public awareness. People often hear about NFTs through collectible projects like Bored Ape Yacht Club, CryptoPunks, and World of Women. Usually, people then encounter the hype, interest, and indignation about what exactly NFTs are along with the corresponding potential use cases.

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Spider-Man: Where is Home?

IPilogue

Photo by Marjan Blan ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. . On February 15, 2022, Spider-Man: No Way Home has hit $1.8 billion at the box office, becoming the sixth-highest grossing movie of all time. Building on the massive success of Avengers: Endgame , Marvel has rapidly become one of the most famous and profitable movie studios worldwide.

Contracts 105
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85 ‘Pirate’ IPTV Apps Reported as Illegal But Most (If Any) Carry No Content

TorrentFreak

Over the past several weeks, numerous rightsholders have filed submissions to the European Commission hoping that sites and services will be added to the upcoming ‘Counterfeit and Piracy Watch List’. Today, we look at the submission of Spanish football league LaLiga which has been fighting a prolonged battle against pirates for several years. Regular site-blocking , dynamic injunctions targeting IPTV services and criminal investigations are all part of its toolkit.

Reporting 113
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Netflix Scores as California Judge Says Broadcom’s Dynamic Resource Provisioning Patent Claim is Abstract under Alice

IP Watchdog

Last week, U.S. District Judge James Donato of the Northern District of California issued a judgment on the pleadings invalidating claims from one of 12 patents asserted by semiconductor and software developer Broadcom against streaming video provider Netflix. The ruling is the latest setback for Broadcom in its enforcement campaign against Netflix’s use of patented server technologies to support streaming media services that are cutting into Broadcom’s market for semiconductors developed for us

Patent 105