Sat.Sep 21, 2024 - Fri.Sep 27, 2024

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Why Plagiarism Still Matters

Plagiarism Today

We've all been inundated with plagiarism stories. It can seem like plagiarism doesn't matter anymore. However, that's simply not true. The post Why Plagiarism Still Matters appeared first on Plagiarism Today.

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Canada (Finally) Does Something Right on Copyright Protection: According to US Study, Canada’s Site Blocking Process is Worth Emulating

Hugh Stephens Blog

It is a foggy Friday when a report out of the US heaps praise on Canada for anything in the area of intellectual property. But surprise, it just happened!

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Patent, Copyright, Trademark : What’s the difference?

Erik K Pelton

There are several different forms of intellectual property. The three that can be registered – in different ways and for different lengths – are patents, trademarks, and copyrights. A patent generally protects inventions while a copyright protects an original work of creativity. A trademark protects something that indicates the source of goods or services — generally a brand name, logo, or slogan.

Trademark 130
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Author of AI-Generated Work Rejected by Copyright Office Says Lack of Protection Has Crushed Him

IP Watchdog

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.

Copyright 145
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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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3 Count: A Decade of Litigation

Plagiarism Today

Oracle wins more attorney fees in Rimini case, OpenAI to allow access to training data and Telegram removes Z-Library posts. The post 3 Count: A Decade of Litigation appeared first on Plagiarism Today.

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U.S. Court Orders LibGen to Pay $30m to Publishers, Issues Broad Injunction

TorrentFreak

Library Genesis, often shortened to LibGen , is one of the longest-running shadow libraries online. It provides free access to a vast collection of millions of books and academic papers that typically require payment. In recent years, rightsholders have made several attempts to shut the site down. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.

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Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

The IPKat

Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here ]. The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU).

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3 Count: OMG LOL Victory

Plagiarism Today

T.I. wins $71 million in doll case, Italy seeks to escalate piracy enforcement and Ice Spice settles In Ha Mood case. The post 3 Count: OMG LOL Victory appeared first on Plagiarism Today.

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Court Orders Google to “Uninstall” Pirate IPTV App Sideloaded on Android Devices

TorrentFreak

As reported last week, an order published in Argentina dated September 13, 2024, revealed that local ISPs are now required to block dozens of Magis TV-linked domains for violating intellectual property law. In total, 69 domains (full list in our earlier report ) must be blocked so that internet users cannot access them from anywhere inside Argentinian territory.

Reporting 134
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Building a Bold Brand Chapter 13: Beware of Scams

Erik K Pelton

The following is an edited transcript of Chapter 13 of my book video Building a Bold Brand: Beware of Scams Few things I have written about over the years have garnered more attention than my coverage of worthless scams that prey upon trademark owners. If you think you might have received a trademark scam letter or solicitation, here are some tips: Do not pay it.

Branding 130
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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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Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

JD Supra Law

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210, in the Southern District of New York. The legal battle was sparked by a series of hilarious prank videos that Kimmel allegedly lured Santos into making.

Fair Use 120
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How A Strong Copyright System Benefits the United States

Copyright Alliance

Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. Growing up in Michigan, high school policy debate let […] The post How A Strong Copyright System Benefits the United States appeared first on Copyright Alliance.

Copyright 120
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X Loses Battle to Protect Genshin Impact Leaker’s First Amendment Anonymity

TorrentFreak

In November 2023, the publisher of hit videogame Genshin Impact obtained a DMCA subpoena at a California district court to unmask an anonymous alleged infringer. Cognosphere’s aim was to compel X/Twitter to “disclose the identity, including the name(s), address(es), telephone number(s), and e-mail addresses(es)” of an individual in control of four ‘X’ accounts: @HutaoLoverGI, @GIHutaoLover, @HutaoLover77, and @FurinaaLover.

Artwork 125
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Other Barks and Bites for Friday, September 27: FTC Appeals Ruling on Noncompete Ban; the TTAB Cancels Four DC and Marvel SUPER HERO Trademarks; OpenAI Agrees to Share Training Data with Authors Suing for Copyright Infringement

IP Watchdog

This week in Other Barks & Bites: the Federal Trade Commission (FTC) appeals a Florida court’s ruling on its proposed ban on noncompete agreements; two Nobel Prize winners ask to cancel their groundbreaking CRISPR patent to avoid a potential legal cancellation of the patent; and the Trademark Trial and Appeal Board (TTAB) invalidates four superhero trademarks owned by comic giants DC and Marvel.

Trademark 111
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California Enacts Host of AI-Related Bills Designed To Protect Individuals

JD Supra Law

In the absence of federal legislation addressing the development and deployment of artificial intelligence (AI) systems, individual states continue to fill that void by enacting state-specific legislation.

Design 119
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Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v. Instagram

Technology & Marketing Law Blog

The plaintiffs’ allegations were sizzling. In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. Allegedly, the spiking included naming the plaintiffs on the services’ lists of “dangerous individuals or organizations,” which then fed into GIFCT to block t

Designs 107
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Telegram Removes Z-Library Posts ‘Due to Copyright Infringement’

TorrentFreak

With approximately a billion active monthly users worldwide, Telegram is one of the most used messaging services. The communication platform helps to connect people from all over the globe, with optional end-to-end encryption providing improved security compared to some other players in the market. Telegram can also be an excellent medium to broadcast messages to a wider audience.

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A Proposal for Improving the PREVAIL Act

IP Watchdog

On July 10, 2023, Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI), officially introduced S. 2220 in the 118th Congress, called the “Promoting and Respecting Economically Vital American Innovation Leadership Act,” or the PREVAIL Act. The bill is one of three patent bills that have been scheduled to be considered by the Senate Judiciary Committee in recent weeks.

Patent 109
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Amarin v. Hikma: Defining the Limits of Protection That Skinny Labels Afford

JD Supra Law

On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent decision on induced infringement by generic drug companies that use a “skinny label.” Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 2023-1169 (Fed.

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Claim Amendments Must Adhere to the Scope of Last Amended Claims, Clarifies the Controller

SpicyIP

In an important order concerning claim amendments, the Controller has recently ruled that any new amendments to the claims cannot exceed the scope of the lastly amended claims. The decision was passed by Dr. S. P. Subramaniyan and concerned the patent application number 9790/ CHENP/ 2011 filed by M/s. Nippon Shinyaku Co. Ltd. Here, the applicant originally filed 11 claims, with claims 1-3 related to crystal forms I, II, and III; claims 4-8 related to composition/product; and claims 9-11 related

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“Anne Frank” Copyright Dispute Triggers VPN and Geoblocking Questions at EU’s Highest Court

TorrentFreak

The Diary of Anne Frank is one of the best known literary works in history, written by a young girl hiding from the Nazis in Amsterdam during World War II. Anne Frank died in 1945, but her legacy lives on though her words, which are a powerful testament to the resilience of the human spirit and a reminder of the horrors of the Holocaust. Anne never saw her diary in printed form, as the first copies were published by her father Otto Frank in 1947.

Copyright 116
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The impact of Geographical Identification tags on Indian local markets and economies

IP and Legal Filings

Geographical Indications (herein referred to as G.I.) is a tool that enhances and maintains the oddity of a particular kind of product that arises from a specific location and is widely known as the speciality of that particular location. These G.I. tags are often backed and supported by traditions and cultural practices. This helps the product to maintain its originality and quality.

Marketing 101
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Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

JD Supra Law

Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists who are less concerned with economic remedies and more concerned with the integrity of their works?

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Calcutta High Court Notifies IPD Rules: A Quick Comparison 

SpicyIP

Calcutta High Court in the 1860s. Image from here. On September 20, the notification for the Calcutta High Court’s IP Division Rules were published in the Kolkata Gazette, making it the newest High Court, after Delhi and Madras, to have its own dedicated IP Division and relevant Rules. These Rules, officially called as “The Intellectual Property Rights Division Rules of the High Court at Calcutta, 2023”, (Cal HC IPD Rules or Final Rules) are drafted consequent to the abolition of the Intellectua

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Will Piracy Kill Football in Italy? Not if Football Damages the Internet First

TorrentFreak

Despite warnings from internet experts, the government passed a law in 2023 aimed at combating illegal IPTV services. However, the legislation has failed to achieve its intended outcomes. What followed wasn’t a meeting of minds with all stakeholders involved, but a steely determination to make the system work for the rightsholders. For a framework that had measures in place to punish internet companies for failing to block, but nothing in place to punish rightsholders for blocking innocent

Reporting 107
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Senate Bill Wants CBP To Share More On Counterfeit Products

IP Law 360

A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise.

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Trademark Ownership And What Happens To Your Trademark When You Die?

JD Supra Law

As folks prepare their estate documents, they need to consider who they want to receive their assets, house(s), vehicle(s), or that Bob Ross painting they found at a garage sale 20 years ago. What many people don’t think about is what will happen to their trademark after they pass away, assuming they own a business in whole or in part.

Ownership 103
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(Over) Expanding the Circle: DHC Allows In-house Employees to Access Confidential Documents in InterDigital v. Oppo

SpicyIP

In June 2024, I covered some nuances regarding confidentiality and disclosures in the SB and DB orders passed in InterDigital Technology Corporation vs. Guangdong OPPO Mobile Telecommunications Corp. Ltd ( here and here ). Part I of this set of posts analyzed the SB’s 31st May 2024 decision on the disclosure of agreements between the parties and different third parties.

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What Happens if I’m a Passenger in a Car Accident in Ontario?

Nelligan Law

Reading Time: 2 minutes Car insurance can be confusing, especially when you’re a passenger in a car accident. Even if you don’t own a vehicle or have insurance, you may still be entitled to benefits and having your medical costs covered. The legal side of things can be even more surprising—believe it or not, you might have a case against the driver of the car, even if they’re a friend or family member.

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Amazon Hit With $30.5M Verdict In Delaware Patent Trial

IP Law 360

A Delaware federal jury decided Friday that Amazon Web Services infringed two computer network patents that were once owned by Boeing, and told the tech giant to pay $30.5 million in damages.

Patent 98
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Author of AI-Generated Work Rejected by Copyright Office Says Lack of Copyright Protection Has Crushed Him

IP Watchdog

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.

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Deciding Product by Process: The Dilemma lingers on

SpicyIP

Image from here The Calcutta HC in West Bengal Chemical Industries Limited v. M/s. GTZ (India) Pvt. Ltd. , decided on 25 June, refused to grant injunction relief to the Patentee since it could not make out a prima facie case and did not satisfy the balance of convenience. Besides from being short on reasoning (only 3.5 page devoted to analysis out of 23 pages), I argue that the Court fails to distinguish between product, process and product by process patent.

Invention 105
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California Legislature Passes Generative AI Training Data Transparency Bill

JD Supra Law

The California legislature recently passed Assembly Bill 2013 (AB 2013) on August 27, 2024, a measure aimed at enhancing transparency in AI training and development. If signed into law by Governor Gavin Newsom, developers of generative AI systems or services that are made available to Californians would be required to disclose significant information on the data used to train such AI systems or services.

Law 98
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IBM Owes $19.5M In EDTX Trial Over 'Blockchain' Software

IP Law 360

A Texas federal jury told IBM on Friday that its blockchain software infringes two patents by a small tech developer and that it owes $19.5 million, far less than the $167 million the developer asked for.

Patent 98
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What’s your poison? Copyright infringement.

Likelihood of Confusion

Originally posted 2013-10-15 11:38:13. Republished by Blog Post PromoterYou’ve heard the tale in one form or another: A bar plays a recorded song over its sound system (without permission), then gets sued for violating the public performance right of the musical composition’s copyright holder. But it’s just an urban legend, right? Wrong. It happens.