Sat.Feb 04, 2023 - Fri.Feb 10, 2023

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Falsifying Attribution for a Bad Pun

Plagiarism Today

In 1948, a physicist added a name to a paper for the sake of a bad pun. However, the laughing got quiet when the paper's theory had issues. The post Falsifying Attribution for a Bad Pun appeared first on Plagiarism Today.

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Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now?

Intellectual Property Law Blog

As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? Western District of Texas On July 25, 2022, WDTX’s Chief Judge Orlando L.

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Super Bowl LVII Trademark Preview

Erik K Pelton

The big game this Sunday features many trademark stories, from the quarterbacks to the Kelce Brothers, and much more. Listen as Erik breaks down the two teams, the players, and their trademarks, with apologies to inadvertently missed Rihanna, the halftime performer, and her great portfolio of marks for her music and her Fenty brand. The post Super Bowl LVII Trademark Preview appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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Pirate Bay Proxy Defeats Police’s GitHub Takedown with DMCA Counternotice

TorrentFreak

Various courts around the world have come to the conclusion that The Pirate Bay is a copyright-infringing website. As a result, Internet providers in dozens of countries are required to block access to the site. This works well, but blocking measures are also quite easy to circumvent. Some people may resort to VPN services, for example, or replace the default DNS resolver provided by their ISP with independent alternatives.

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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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Blockchain’s Very Big (and Very Bad) IP Day

Plagiarism Today

Yesterday, two major rulings came out that impact Bitcoin and other blockchain-based technologies. Here's what happened. The post Blockchain’s Very Big (and Very Bad) IP Day appeared first on Plagiarism Today.

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Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now?

Intellectual Property Law Blog

As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? Western District of Texas On July 25, 2022, WDTX’s Chief Judge Orlando L.

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Recent changes to the Madrid System

The IPKat

On 1 February 2023, several important changes to the Madrid System came into effect. They concern the following: The representation of colour marks; Colour claims in international registrations; Filing of non-traditional trade marks, such as sound, motion and multimedia marks; Representation of earlier rights in provisional refusals; and Communication with WIPO.

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3 Count: Blockchain Battles

Plagiarism Today

Hermes wins case involving Birkin NFTs, Craig Wright suffers a courtroom defeat and the USCO hits back over AI registration. The post 3 Count: Blockchain Battles appeared first on Plagiarism Today.

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Agtech: Breaking down the farmer adoption dilemma

McKinsey Operations

Current macroeconomic conditions, consumer focus on sustainability, regulations, and changing business models could further drive farmers’ adoption of agtech products, if their concerns are addressed.

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The Beauty and Resistance of Black Poetry Throughout History

Copyright Alliance

Poetry has rung out across the nation throughout times of turmoil and injustice, galvanizing change and inspiring humanity through language. From the powerful social commentary of Langston Hughes to the […] The post The Beauty and Resistance of Black Poetry Throughout History appeared first on Copyright Alliance.

Copyright 129
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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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UK Govt: 3.9 Million People Illegally Streamed Live Sports in 2022

TorrentFreak

The UK Government’s Intellectual Property Office has published a new edition of its Online Copyright Infringement Tracker study. The annual survey aims to understand the piracy habits of citizens aged 12 and above. This is the 12th wave of the report and relates to consumption during 2022. The overarching trend is one of overall piracy rates remaining mostly static for the past six years but the details paint a more interesting bigger picture.

Music 135
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3 Count: Sick, Dying and Dead

Plagiarism Today

Megadeth sued by artist who claims he wasn't paid, bankruptcy court upholds $32 million DISH verdict and high school settles mascot case. The post 3 Count: Sick, Dying and Dead appeared first on Plagiarism Today.

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StarrAI Night: AI Art and the Necessary Changes in the Copyright Law

IP Watchdog

Scroll through social media and you’re certain to find countless posts of images generated by artificial intelligence, or “AI.” Tools such as DALL-E 2, Starry AI, Jasper, and the like have exploded in popularity, allowing users to do everything from creating stylized versions of the user’s own photographs, to inputting silly, incongruous prompts like “red headed cow with John Lennon sunglasses,” and receiving almost instantaneous results with no further effort by the user.

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Jack Daniel’s Marks its Territory

IPilogue

Ariel Goldberg is a 1L JD Candidate at Osgoode Hall Law School. Usually, a dog toy’s squeak echoes throughout a home. A Jack Daniel’s bottle-shaped dog toy called “Bad Spaniels” will be heard at the U. S. Supreme Court and could bark new rules for trademark use in expressive works. Will it bite? Jack Daniel’s Properties, Inc.’s (“Jack Daniel’s”) petition to the U.

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Pirate IPTV: U.S. Helped Taiwan Track Chinese Pirates….Back to the U.S.

TorrentFreak

For the past several years, Chinese-manufactured Ubox IPTV boxes have flooded the market in Taiwan. With more than 30% of the population using the devices, which grant access to more live streaming content than most people can consume, Taiwan came under pressure from the United States. Taiwan made amendments to copyright law that outlawed piracy-configured devices.

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The Day Before Accused of Trailer Plagiarism

Plagiarism Today

Developers for the upcoming video game The Day Before have worsened their problems by releasing a trailer that resembles earlier works. The post The Day Before Accused of Trailer Plagiarism appeared first on Plagiarism Today.

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ParkerVision Settles with Intel in Judge Albright’s Court

IP Watchdog

In February 2020, ParkerVision filed a patent infringement lawsuit against Intel in Judge Alan Albright’s Waco, Texas, courthouse in the Western District of Texas. Only three years later, and through the pandemic, today, the case settled all pending matters. ParkerVision still has remaining patent infringement cases in process against TCL, LG, MediaTek and RealTek in Judge Albright’s court.

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The future of the crypto industry after the FTX collapse

IPilogue

Amin Hosseini is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. On Friday, November 11, 2022, FTX filed for bankruptcy. Shortly after that, BlockFi filed for bankruptcy, and a Japanese exchange called Bitfront shut down. FTX is a global, centralized cryptocurrency exchange based in the Bahamas. It enables customers to exchange their digital currencies for other digital currencies or regular money.

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Cheat Developer Can Pursue ‘Hacking’ Claims Against Bungie, Court Rules

TorrentFreak

In 2021, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the Destiny 2 cheating software at the center of the complaint. AimJunkies denied the claims and argued that cheating isn’t against the law.

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Why Margaret Atwood is Right to Criticize Bill C-11 and What the Backlash Teaches About the Risks of Challenging Government Policy

Michael Geist

Margaret Atwood, the famed Canadian author, has been the target of a predictable backlash for her comments criticizing Bill C-11. Her comments, which came in the aftermath of Senator David Adams Richards forceful denunciation of the bill on the Senate floor, describe the bill as “well meaning”, but express concern about the uncertainty over how it will be interpreted, the role of government officials in determining what counts as Canadian, and the secrecy associated with the CRTC.

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[Sponsored] UK IPO-INTA Brand Protection Strategies Conference, 2023

SpicyIP

We are pleased to announce that the UK Intellectual Property Office (UK IPO) and International Trademark Association (INTA) are jointly hosting a conference on brand protection strategies on February 24th, 2023 at the Imperial, New Delhi. The conference includes insights from government officials, academics, brand owners, and IP practitioners and is completely free-to-attend!

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Can Government Agencies Ban Scraping?–NAACP v. Kohn (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy For years, open-Internet advocates have argued that scraping bans infringe on First Amendment rights. After all, access to information is a protected form of speech. But since most scraping cases involve two private litigants, and no direct government actor, those seeking to invoke those First Amendment rights were left with weak Pruneyard -type arguments trying to compare the internet with a public square.

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$16m Pirate IPTV Lawsuit Magically Returns $32m Thanks to Bankruptcy

TorrentFreak

Advanced TV Network (ATN) was an IPTV service in Sweden that supplied more than a thousand TV channels to customers via the Internet. In 2008, that was an unusual achievement. ATN gave the impression of operating legally. As a registered company it was generating annual sales of around $7 million by 2013 and paid taxes to the state. However, the content ATN supplied to its customers had illegal origins.

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USITC Sets Out Process of Its Investigation into TRIPS Waiver Expansion

JD Supra Law

On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially requested by USTR, who had been leading the discussions regarding the TRIPS Waiver expansion.

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Copyright for AI-generated works: a task for the internal market?

Kluwer Copyright Blog

Photo by Antoine Schibler on Unsplash Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits ( here and here ). Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about.

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How our interconnected world is changing

McKinsey Operations

What’s the fate of globalization? New research breaks down changes in the global flows that bind us together—and what those changes mean for our collective future.

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The Law is Moving Fast

Patently-O

IP Attorneys, keep your eyes out for the #53 car on the NASCAR track this year. Driven by Joey Gase, and sponsored by the USPTO.

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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

SpicyIP

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. A few months ago, the provision was in the headlines saying that honest concurrent use (“ HCU ”) is not a defence to a trademark infringement claim.

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Beyond the Frames – How Sustainable is Digital Art?

IPilogue

Sally Yoon is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. More recently, we have seen digital art open doors for artists to experiment with conceptual artwork like never before. Stijn van Schaik, a second-year Advertising student, sold his soul on OpenSea, making it the first human soul ever sold.

Art 105
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Can ChatGPT Draft Patent Applications?

JD Supra Law

OpenAI's prototype of ChatGPT, released at the end of November 2022, drew rapid, widespread public attention for its ability to provide articulate, human-like responses across a wide variety of knowledge domains. Numerous articles have already explored large language models like ChatGPT and what they can and cannot do -- as well as the broad impact of such models on the legal profession.

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Precedential No. 7: TTAB Reverses Failure-to-Function Refusal of Lizzo's "100% THAT B H" for Clothing Items

The TTABlog

Attempts to register common slogans, internet memes, and informational material regularly hit the failure-to-function wall at the USPTO. But the Office has the burden of proof, and here its evidence fell short with regard to two refusals of the mark 100% THAT B H for certain clothing items, including t-shirts and baseball hats. The Board concluded that the evidence failed to show that the proposed mark is a common expression in such widespread use that it fails to function as a mark for the iden

Music 104
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Know Your MLC: “Highest Compensated” Employees

The Trichordist

The MLC executive salaries are nauseatingly rich. Can they just pay out the black box?

Licensing 143
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The Swiss Competition Commission Are Coming! Novartis Dawn Raid shows clash between patent exclusivity and anti-competitive behaviours

IPilogue

Meena Alnajar is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. A patent protects your intangible property from others’ use, but what happens when patent protection operates in a way that ensures no other innovators can build upon a patented invention? When IP and competition clashes, authorities will step in to regulate as demonstrated in a recent dawn raid.

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"Zero Draft" of WHO CA+ Released

JD Supra Law

On February 1, the World Health Organization (WHO) released a "zero draft" of a WHO convention, agreement, or other international instrument on pandemic prevention, preparedness, and response (or "WHO CA+") for the consideration of the Intergovernmental Negotiating Body (INB) at its fourth meeting, which will take place on February 27, 2023.

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NFTs Excite Hollywood But Not Because They Can Solve Piracy

TorrentFreak

The fleeting non-fungible token (NFT) craze showed that some people are willing to pay vast amounts of money for digital assets that are not guaranteed to retain their value. These digital entries are stored on a blockchain and allow buyers to prove that they are legitimate ‘owners’ of some underlying asset or right. While NFTs don’t grant copyrights, NFT owners are ‘rights’ holders in a sense, although the specifics may vary from project to project based on the fine print.