Sat.Aug 24, 2024 - Fri.Aug 30, 2024

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‘White Fragility’ Author Accused of Plagiarizing Doctoral Thesis

Plagiarism Today

White Fragility Author Robin DiAngelo has been accused of plagiarizing her 2004 thesis. Here's a look at the severity of the allegations. The post ‘White Fragility’ Author Accused of Plagiarizing Doctoral Thesis appeared first on Plagiarism Today.

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Copyright and Tattoo Art

Creative Law Center

Copyright and tattoo. Understand the legal implications of ownership and how they can be changed with contracts. Plus a look at the historical roots of tattoo art. The post Copyright and Tattoo Art appeared first on Creative Law Center.

Art 164
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25 Classes of Goods and Services at the USPTO

Erik K Pelton

When applying for a trademark, it’s important to use the correct classification for your goods and/or services. Erik shares 25 of the many different classifications for goods and services in this episode. The post 25 Classes of Goods and Services at the USPTO appeared first on Erik M Pelton & Associates, PLLC. When applying for a trademark, it’s important to use the correct classification for your goods and/or services.

Trademark 130
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Pirate Streaming Giants Fboxz, AniWave, Zoroxtv & Others Dead in Major Collapse

TorrentFreak

Pirate streaming sites are a major problem for Hollywood and according to rightsholders, several of the largest sites are operated from Vietnam. Vietnam has been a focal point for more than half a decade. It was also the home country for the 123Movies streaming empire before it was shut down in 2018. Initially, little was known about the reasons behind 123Movies’ demise but after a few months, the MPA and ACE confirmed that the Vietnamese streaming site had been targeted in an internationa

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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: Disney Reversal

Plagiarism Today

Disney secures reversal in motion capture lawsuit, several pirate streaming sites shutter and gaming company wins trademark/copyright case. The post 3 Count: Disney Reversal appeared first on Plagiarism Today.

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Trademarks as Assets: Selecting or Changing a Mark in the United States

JD Supra Law

As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States. Trademark selection and clearance are essential steps for avoiding costly and time-consuming disputes, securing exclusive rights, and building a strong brand identity.

Trademark 120

More Trending

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Pirate Sites, Billions of Visits, Wiped Out in Hours: Sifting the Fmovies Wreckage

TorrentFreak

With an estimated 190 million visits in March 2024 alone, few pirate streaming sites have ever come to close to the popularity of Fmovies. How it was even possible for an unlicensed platform to attract so much traffic is closely linked to Fmovies’ uncanny ability to stay almost perpetually online, year after year. Potential answers to these questions lie in a rich pool of circumstantial evidence; one that promises much but always seems to fall short when it comes to the crunch.

Branding 127
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Megalopolis, Elon Musk and the Importance of Citation

Plagiarism Today

Two recent scandals, one involving Lionsgate films and the other involving Elon Musk, have highlighted why citation is important for readers. The post Megalopolis, Elon Musk and the Importance of Citation appeared first on Plagiarism Today.

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Thinking About an Old Copyright Case and Generative AI

The Illusion of More

The first copyright case decided at the U.S. Supreme Court was Wheaton v. Peters in 1834. There were six justices at the time, including the oft-quoted Joseph Story, and in a 4-2 decision, the Court made what I believe was a textual and, therefore, doctrinal error. The allegedly infringed works at issue were published reports […] The post Thinking About an Old Copyright Case and Generative AI appeared first on The Illusion of More.

Copyright 121
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FTC Comment on FDA Draft Guidance on Interchangeability

JD Supra Law

We recently posted on a new FDA draft guidance entitled “Postapproval Manufacturing Changes to Biosimilar and Interchangeable Biosimilar Products Questions and Answers,” aimed at providing “answers to commonly asked questions from applicants and other interested parties. regarding postapproval manufacturing changes. made to licensed biosimilars and licensed interchangeable biosimilars.”.

Licensing 117
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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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Open Source AI? More Transparency, Please

IP Watchdog

Jockeying for position among the leading generative AI large language models (LLMs) has amplified their differences. Training models and code access are the source of some of the biggest disagreements. Should code for generative and other forms of AI be open or proprietary, protected under copyright, trade secret or even patent? There is a lot riding financially on the outcome, and there are good arguments for and against.

Copyright 118
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Copyright Claims Board Admonishes Filer in Dubious Case

Plagiarism Today

The Copyright Claims Board has decided in favor of the respondent in a case it says never should have been filed in the first place. The post Copyright Claims Board Admonishes Filer in Dubious Case appeared first on Plagiarism Today.

Copyright 207
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ACE Goes After Fmovies Sister Site ‘Successors’

TorrentFreak

The Alliance for Creativity and Entertainment ( ACE ) is arguably the world’s most active anti-piracy coalition. The group systematically hunts down key piracy players on behalf of the major Hollywood studios and other prominent entertainment companies such as Apple, BBC, and Netflix. It’s safe to say that ACE had a hand in the demise of most large piracy operations of recent years.

Copying 125
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Eye-Opening Verdict: Lashify’s Patent Win Curls Industry Expectations

Patently-O

by Dennis Crouch This week a unanimous jury in Judge Albright’s W.D.Tex. courtroom filled out a very simple verdict form that favored the patentee Lashify over the accused infringer Worldbeauty, who sells drugstore lashes: Q: Did Lashify prove, by a preponderance of the evidence, that Worldbeauty has directly infringed the asserted claims of the asserted patents?

Patent 116
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Top Takeaways from Order in the Andersen v. Stability AI Copyright Case

Copyright Alliance

On August 12, an order granting in part and denying in part motions to dismiss a first amended complaint was issued by Judge William Orrick (in the Northern District of […] The post Top Takeaways from Order in the Andersen v. Stability AI Copyright Case appeared first on Copyright Alliance.

Copyright 115
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3 Count: Fashionable Copyright

Plagiarism Today

Anthropic tries to avoid injunction, fashion firms fight over shoes in Denmark and several major anime pirate sites go dark. The post 3 Count: Fashionable Copyright appeared first on Plagiarism Today.

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World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

JD Supra Law

Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in their applications any Indigenous Peoples and/or communities that provided traditional knowledge on which the applicant drew in creating the invention sought to be patented.

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Pssst… Want to Snitch on Sellers of Pirate Streaming Services?

TorrentFreak

Those who follow mainstream tabloid media in the UK and Ireland should be familiar with online streaming piracy by now; whether they like it or not. The harms and threats of illicit streaming devices or using the preferred term in Ireland, dodgy boxes , have been discussed at length in hundreds of news articles. Additional reports on prison sentences for resellers of these services, make clear that these are serious offenses.

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Masimo, Apple Fight Over Jury Hearing Trade Secrets Claims

IP Law 360

After a California jury deadlocked last year in Masimo's high-stakes intellectual property case against Apple over the way the latter company's watches are programmed to monitor blood oxygen, the medical technology contractor says it wants a bench trial to address its trade secrets claims next time around, but Apple is opposing that move.

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3 Count: Unfunny Pandora

Plagiarism Today

Pandora seeks to get comedian lawsuit dismissed, Taiwan authorities raid IPTV headquarters and AEW gets copyright claim on X. The post 3 Count: Unfunny Pandora appeared first on Plagiarism Today.

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Arguing Internet Availability to Establish Copyright Infringement Is Bananas

JD Supra Law

In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s decision finding that a pro se Californian artist failed to establish that an Italian artist had reasonable opportunity to access the copyrighted work simply because it was available to view on the internet. Morford v. Cattelan, Case No. 23-12263 (11th Cir.

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Greenwashing: A Form of Consumer Deception

Olartemoure Blog

Greenwashing is a marketing strategy that deceives or misleads consumers about a company’s sustainable practices or the environmental benefits of a particular good or service. This occurs when companies use terms like “100% sustainable,” “green,” “eco-friendly,” or “100% renewable” on their trademarks, branding, packaging, containers, or advertisements without having concrete environmental actions to substantiate those claims.

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‘Bonus’ Episode of ‘House of the Dragon’ Comes With a Nasty Surprise for Pirates

TorrentFreak

“Game of Thrones” and its prequel “House of the Dragon” have proven very popular in pirate circles. The fact that episodes repeatedly leaked before their official premieres made them even more appealing. This summer, HBO released the second season of House of the Dragon, and the series is already confirmed for a third. To the disappointment of some, however, there were no leaks this year.

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John Doe Order Issued Against “Taarak Mehta” Infringers: Revisiting the Rights Vested in Fictional Characters

SpicyIP

Who truly owns the attributes of fictional characters? the DHC interim injunction in favor of makers of the Indian sitcom “Taarak Mehta ka Ooltah Chashma” makes a strong case for the makers of the show. SpicyIP intern Samridhi discusses this order below. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women.

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Fed. Circ. Won't Speed Up Apple Watch Ban Appeal

IP Law 360

The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.

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Crayola trademarks the scent of their crayons

Olartemoure Blog

After a six-year legal battle, Crayola was able to trademark the distinct scent of its crayons, described as “slightly earthy soap with pungent, leatherlike clay undertones”. This move strengthens Crayola’s trademark identity by protecting a unique, nostalgic element that many consumers associate immediately with its business origin, proving that connections with consumers can also be made through non-conventional elements.

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Fmovies Piracy Ring Was Shut Down by Vietnam, Assisted By ACE

TorrentFreak

Pirate sites tend to come and go but in recent months, significant shutdowns have been more frequent than usual. Fmovies is one of the most prominent casualties. Founded in 2016, the pirate streaming site had been a thorn in Hollywood’s side for years. While rightsholders typically avoid naming pirate sites in public, fearing an indirect promotional effect, Fmovies was a recent exception.

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Trademark Rectification And Counterclaims: MadHC’s Views on the Interaction of Sections 47, 57 and 124

SpicyIP

On August 20, 2024, a single-judge bench of the IP Division of the Madras High Court (MadHC) issued an Order ( pdf ) with notable observations about the feasibility of allowing a counterclaim in a trademark rectification petition filed under Sections 47 (cancellation of trademark on the grounds of non-use) and 57 (rectification of trademark) of the Trademark Act, 1999 (“TM Act”).

Trademark 101
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Replacing The Stigma Of Menopause With Law Firm Support

IP Law 360

A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

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Magistrate Judge Recommends $54 Million in Damages Against Defaulting Defendants in Abbott Labs Diabetes Test Strips Case

IP Watchdog

Last week, a magistrate judge in the Eastern District of New York issued a report and recommendation supporting the entry of default judgment and a permanent injunction against 85 corporate and individual defendants sued by U.S. medical device company Abbott Laboratories. While the report recommended denial of Abbott’s motion for prejudgment interest, the magistrate judge found that enhanced damages totaling more than $54 million should be awarded to Abbott for loss of goodwill following the de

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Piracy Shield 2.0 in Doubt For 2024 , TV Manufacturers Urged to Ban VPN

TorrentFreak

Early June 2024, Italian media reported on comments made by the head of telecoms regulator AGCOM at the Serie A Festival a few days earlier. During the panel “The metaverse of piracy” Massimiliano Capitanio reportedly brought those in attendance up to date on Piracy Shield, Italy’s controversial and by then already failing anti-piracy blocking system.

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Not Examined the Inventive Step Enough? Madras HC Remands Patent Application Back to IPO for Reconsideration

SpicyIP

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant. Discussing this paradox, we are pleased to bring to you this guest post by Md.

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Restaurants Seek Grubhub's Revenue, Staff Info For TM Suit

IP Law 360

Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.

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Social Links: Recent Developments In The Law And Business Of Social Media

JD Supra Law

The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms, given that a robust customer review system is crucial to modern e-commerce business models. In fact, studies have shown that a one-star rating increase in a product review can result in as much as a 26% increase in sales.

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Google Asks Court to Gut “Kitchen Sink” Lawsuit Claiming it Profits From Piracy

TorrentFreak

In a lawsuit filed at a New York federal court in June, leading textbook publishers including Cengage Learning, Macmillan Learning, Elsevier and McGraw Hill, accused Google of profiting from sales of infringing copies of their textbooks. According to the complaint , Google’s “systemic and pervasive advertising” drives potential buyers to the websites of ‘Pirate Sellers’ who utilize Google Shopping Ads to advertise infringing copies of the plaintiffs’ books.