Sat.Oct 05, 2024 - Fri.Oct 11, 2024

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The Dark Ages of Academic Plagiarism

Plagiarism Today

The modern history of plagiarism is dominated by the evolution of tech. However, there was one particularly dark time that's making a return. The post The Dark Ages of Academic Plagiarism appeared first on Plagiarism Today.

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Tips for avoiding the latest trademark scams

Erik K Pelton

Trademark scams take all forms, unfortunately. They come by snail mail, by email, by telephone, and via websites. Here are some tips to help avoid these scams. Phone Calls: USPTO will never ask for money over the phone. And if an attorney filed your application, USPTO should never call you directly. Be careful of spoofed phone numbers. Tip: Ask to call them back at their directly line.

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Smoking in Films: Governments Should Do What is Reasonable and Responsible (Indonesia Please Take Note)

Hugh Stephens Blog

Image: Shutterstock I am a lifelong non-smoker, although this is more by luck than design. When the other kids were lighting up behind the school, I joined them.

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3 Count: Baby Back Lawsuit

Plagiarism Today

Universal Music Group sues Chilis over social media posts, Barry White estate sues over 40-year-old song and Nelly lawsuit creates tension. The post 3 Count: Baby Back Lawsuit appeared first on Plagiarism Today.

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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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25 Reasons I Love Trademarks

Erik K Pelton

Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode. The post 25 Reasons I Love Trademarks appeared first on Erik M Pelton & Associates, PLLC. Trademarks are everywhere, and Erik shares 25 reasons to love them in this episode.

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The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

The IPKat

IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. 3 and 4 of the DSM Directive (310 O 227/23). As reported on The IPKat and elsewhere , the Hamburg court ruled that LAION could rely on the exception found in Section 60d UrhG (TDM for scientific research purposes).

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3 Count: Meow Wolf Roar

Plagiarism Today

Another author sues Meta over Ai training, German court rules against photographer in AI case and Meow Wolf sues UK company. The post 3 Count: Meow Wolf Roar appeared first on Plagiarism Today.

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Do this to avoid your trademark becoming generic

Erik K Pelton

The following is an edited transcript of Chapter 15 of my book video Building a Bold Brand: Avoiding Generic Use In the last few years, more and more brands have added a generic product or category name after their brand name on packaging. The first brand to do this extensively was Kleenex®. Their packaging says “Kleenex brand tissues” to make it clear that Kleenex is not the name for all tissues and to help people avoid using the “Kleenex” name generically.

Trademark 130
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[Video] Navigating Intellectual Property Challenges in the Renewable Energy Sector - Energy Law Insights

JD Supra Law

Join Troutman Pepper Partners Bill Belanger and Greg Len for an insightful discussion on the evolving landscape of intellectual property (IP) within the renewable energy sector. Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations.

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Fleetwood Facts: Art Imitates Life, But Does It Infringe Copyright?

Copyright Lately

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Ken Caillat , the Grammy Award-winning sound engineer and co-producer of Fleetwood Mac’s iconic Rumours album , claims the creators of Stereophonic didn’t exactly go their own way when crafting the hit play.

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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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Copyright Claims Board Now Offers Certified Final Determinations

Plagiarism Today

Those who win damages at the Copyright Claims Board can now get certified final determinations to have them enforced in court. The post Copyright Claims Board Now Offers Certified Final Determinations appeared first on Plagiarism Today.

Copyright 238
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Whither Indian IP Academics’ Engagement with the Judiciary?: Some Thoughts for Discussion – Part I

SpicyIP

Image from here Recently, Praharsh revived a discussion about the not-very-active state of IP academic interventions in India while sharing the news of the appointment of Prof. Arul Scaria by the Delhi High Court as an “expert” in a copyright case. Prashant raised similar questions a few years ago when Prof. Basheer was appointed, as an “academic intervenor” in the Novartis case.

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Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

JD Supra Law

I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on my floor as I read it cover to cover more times than I could count. Worlds collided, and it blew my mind that DC and Marvel could produce a team-up along these lines.

Trademark 113
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The Dark Side of Cannabis Edibles: How Fake Packaging Can Mislead Consumers and Harm Children

IP Watchdog

As more states legalize recreational marijuana, the incidence of children accidentally ingesting cannabis edibles has also risen dramatically. According to Pediatrics, a journal published by the American Academy of Pediatrics, the number of children under six years old who have consumed cannabis products surged by 1,375% from 2017 to 2021. See Marit S.

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3 Count: Settling the Score

Plagiarism Today

Movie studios target anime piracy site, Taiwan composers battle over music score and author sues Bungie over Destiny 2 expansion. The post 3 Count: Settling the Score appeared first on Plagiarism Today.

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Save the Date!  4th Annual Artist Rights Symposium Nov. 20 in Washington, DC, hosted by American University’s Kogod School of Business and the Artist Rights Institute

The Trichordist

We’re pleased to announce the 4th annual Artist Rights Symposium on November 20, this year hosted in Washington, DC, by American University’s Kogod School of Business at American’s Constitution Hall.

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ISPs ‘Betrayed’ Over Pirate Site-Blocking Threats, The Reckoning Will Be Invisible

TorrentFreak

Fresh amendments to Italian law were passed by Senators this week and their effects will soon be felt on the IPTV piracy battlefield. Covered in detail in our earlier report , this advanced legal weaponry is incapable of dealing with distant pirate IPTV services. Instead, it mainly targets communications infrastructure, much of it operated by rightsholders’ supposed allies – ISPs – who were given no say in the matter.

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SCOTUS Denies Challenges to Section 101 Test, Trademark Domicile Rules and Obviousness-Type Double-Patenting Analysis

IP Watchdog

On October 7, the U.S. Supreme Court issued an order list that included cert denials for several intellectual property cases that were presented to the nation’s highest court. In rendering those denials, the Supreme Court leaves in place an appellate ruling invalidating patents claiming improvements to computer networking technologies under Section 101’s abstract idea jurisprudence.

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The Pioneering Impact of Latinx Comic Book Creators & Characters

Copyright Alliance

National Hispanic Heritage Month is celebrated each year from September 15 to October 15. The 2024 theme, Pioneers of Change: Shaping the Future Together, provides a fitting backdrop to explore […] The post The Pioneering Impact of Latinx Comic Book Creators & Characters appeared first on Copyright Alliance.

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Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

JD Supra Law

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by email on defendants located in China. Slip Op. at 1.

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Infographic | Tips for supporting your mental health

Olartemoure Blog

On World Mental Health Day, we recognize that mental health is crucial to our overall well-being, especially in the workplace. It impacts not just individuals, but entire teams and communities. Challenges like stress and anxiety deserve our attention. Here are five practical tips you don’t want to miss that will help you nurture your mental health. 1 Take a wider view According to Andrew Huberman, a neuroscientist and professor at Stanford , panoramic vision has a great impact in reducing stress

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Appeal Court Affirms Piracy Liability Verdict Against ISP Grande, Vacates $47m Damages Award

TorrentFreak

In late 2022, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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German Court Says Non-Commercial AI Training Data Meets Scientific Research Exception to Copyright Infringement

IP Watchdog

In a landmark judgment with far reaching ramifications, a German court recently held that the copying of images by Large-scale Artificial Intelligence Open Network (LAION) - a nonprofit organization that provides datasets, tools and models to liberate machine learning research – did not infringe copyright law. The Kneschke v. LAION case, heard by the Hamburg Regional Court, centered on LAION's automatic downloading of images, including a copyrighted work by photographer Robert Kneschke, for AI t

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How Strong Copyright Laws Empower Local Communities

Copyright Alliance

The 2024-2025 National High School Policy Debate Topic is: Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. […] The post How Strong Copyright Laws Empower Local Communities appeared first on Copyright Alliance.

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How long do I have to start an accident claim in Ontario?

Nelligan Law

Reading Time: 2 minutes Short Answer: Personal Injury Claim: Two (2) years to file Accident Benefits Claims: Thirty (30) day Longer Answer: You generally have two (2) years from the date of your accident or injury to file a claim in Ontario. Accident Benefits claims must be filed within thirty (30) days of the accident. It is important to remember that if you miss this deadline, you may lose your right to seek compensation.

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Best of LIKELIHOOD OF CONFUSION®: Nuts to us? Or a “real” Charlie Brown Christmas?

Likelihood of Confusion

Originally posted 2010-12-24 11:48:31. Republished by Blog Post PromoterOriginally published December 9, 2009. Instapundit links to this item about the incredible shrinking Charlie Brown specials — warmly-remembered favorite scenes from the annual Peanut broadcasts being incrementally excised from annual broadcasts to make room for more and more commercials.

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Other Barks & Bites for Friday, October 11: DOJ Proposes Breaking Up Google in Ongoing Monopoly Case; Ozempic Maker Settles Patent Infringement Lawsuit; and the CAFC Revives a Patent Infringement Lawsuit Against Salesforce

IP Watchdog

This week in Other Barks & Bites: the U.S. Department of Justice proposes multiple remedies to Google’s alleged monopolistic practices, including breaking up the tech giant; the U.S. Court of Appeals for the Federal Circuit (CAFC) overturns a lower court ruling, reviving a patent infringement lawsuit against Salesforce; and Limp Bizkit sues Universal Music Group for $200 million in unpaid royalties.

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Apple Doesn't Infringe Digital Identity Patents, Jury Finds

IP Law 360

A federal jury in Austin, Texas, has rejected a $361 million patent case from a longtime ExxonMobil employee who had targeted in-house cybersecurity hardware used in Apple iPhones.

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SpicyIP Weekly Review (September 30-October 6)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the Lenacapavir patent application and oppositions, ANRF and corporatisation of research, the copyright dispute between Jasleen Royal and T Series, and DHC’s recent order in Master Arnesh Shaw v. Union of India This and a lot more in this week’s SpicyIP Weekly Review.

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The Role of Intellectual Property Rights in India’s Startup Ecosystem: A Pathway to Innovation and Growth.

IIPRD

Introduction In the quickly developing scenery of the recent business the startups stand as the indications of modernization which brings the new concepts and fresh products or the amenities to the market. The pathway to feat for this young innovativeness is troubled with challenges from obtaining the subsidy for shielding their exceptional notions in contradiction of the opposition.

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Unlikely to confuse

Likelihood of Confusion

Originally posted 2017-12-08 01:42:50. Republished by Blog Post PromoterCheck out, and think about, this post by John Welch and, of course, the article he’s writing about, one of whose authors is Barton Beebe, whom I had the pleasure of meeting last week when I accepted his invitation to chat with LLM’ers at the Engelberg Center […] The post Unlikely to confuse appeared first on LIKELIHOOD OF CONFUSION™.

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'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients

IP Law 360

A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.

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Does Latching on amount to Passing off?- Still searching for answers

SpicyIP

Image from here In Modern Molds v. Flipkart , the Delhi High Court was deciding a passing-off suit. The Plaintiff claimed that Flipkart allowed other sellers to ‘latch on’ to the Plaintiff’s listings on the e-commerce website. What does latching on mean? This video by Flipkart on YouTube provides a quick explainer. Latching on allows a seller, who is, let’s say selling garments, to see which is the best-selling product in that category.

Branding 101
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‘Modded Hardware’ Defendant Denies Nintendo’s Copyright Claims in Court

TorrentFreak

Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company has won several lawsuits in recent history, including shutting down websites that distributed pirated ROMs. Most notably, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.

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eBay Isn’t Liable for Merchants’ Sales of Items That Violate Environmental Laws–US v. eBay

Technology & Marketing Law Blog

The EPA civilly sued eBay for third-party merchant listings of items that violate environmental laws. For example, the EPA identified over 300k aftermarket “defeat device” listings, 5k+ listings for products containing methylene chloride , and 23k listings for violative pesticides. eBay defeats the lawsuit. Is eBay the “Seller”?

Law 101