Sat.Sep 14, 2024 - Fri.Sep 20, 2024

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Indigenous Art and Cultural Appropriation: The Art Scandal Involving Fake Norval Morrisseau Works is Finally Coming to a Close

Hugh Stephens Blog

Credit: Ontario Provincial Police In the past I have written about the challenges faced by Indigenous peoples and artists in protecting their works and cultural heritage (for example, here, here and here).

Art 264
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Understanding the Darryll Pines Plagiarism Allegations

Plagiarism Today

The President of the University of Maryland, Darryll Pines, is the latest to be targeted with plagiarism allegations. Here's how serious they are. The post Understanding the Darryll Pines Plagiarism Allegations appeared first on Plagiarism Today.

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25 Tips from a Former USPTO Trademark Examiner

Erik K Pelton

The following is an edited transcript of my video 25 Tips from a Former Trademark Examiner. You might know that I’m a former examiner at the USPTO who reviewed trademark applications from the inside of the process. The following are some tips that are useful on the outside, but that one learns on the inside. You can contact the examiner by phone or email if you have a question or you want to discuss something, so you can always look up the examiner’s phone number or email.

Trademark 130
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Cybersecurity in the Age of Industry 4.0 - Part 2

JD Supra Law

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical recommendations to mitigate these risks. If you missed the first article, where we discussed the latest trends and key cybersecurity risks facing manufacturers, you can read it here: Cybersecurity in the Age of Industry 4.0 – Part 1.

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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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Copyright, Education, and Generative AI: Getting with the programme?

Kluwer Copyright Blog

Generative AI (GenAI) is promising to revolutionise higher education. Whether it concerns legal scholars using ChatGPT to write their essays, computer science majors relying on GitHub Copilot to generate programming code, or art students turning to Midjourney to create visual artistry: the relevant AI tools to assist with educational assignments are readily available online.

Copyright 117
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The Battle Over Music in Social Media Videos

Plagiarism Today

Music companies are increasingly targeting businesses who use their music on social media. Here's what you need to know. The post The Battle Over Music in Social Media Videos appeared first on Plagiarism Today.

More Trending

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Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

JD Supra Law

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors. The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on the internet – and a group of Compulife competitors and others (“Defendants”) who allegedly misappropriated Plaintiff’s.

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New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital

IP Watchdog

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.” The Inventors Defense Alliance includes Professor Kristen Osenga, professor at the University of Richmond School of Law, as its chief policy counselor, and boasts a board featuring the Hon.

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3 Count: Super Effective

Plagiarism Today

The Pokémon Company wins case in China, mistaken music leads to dubious takedown and more ISPs back Cox in piracy fight. The post 3 Count: Super Effective appeared first on Plagiarism Today.

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10 Questions to Ask When Hiring a Trademark Lawyer

Erik K Pelton

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” The simple answer is YES. No attorney is necessary. But just because you CAN does not mean that you SHOULD. By attempting to register a trademark without counsel, a business may create more problems than it began with, may incur more expenses than it would have by hiring a professional from the s

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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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ISPs Back Cox’s Supreme Court Petition to Counter “Extortionate” Piracy Liability Pressure

TorrentFreak

In August, Cox Communications filed a petition at the U.S. Supreme Court , requesting a review of a Fourth Circuit ruling that held the company liable for pirating subscribers. The Internet provider ultimately challenges a $1 billion jury verdict in favor of major record labels, including Sony and Universal, arguing that it has far-reaching implications for Internet providers and the broader American public.

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CAFC Scolds District Court for Straying from ‘Party Presentation’ Principle

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday told the U.S. District Court for the District of Delaware that it “misapprehended its role in adjudicating the issue of patentability” when it sua sponte determined claims of Astellas Pharma’s patent invalid under 35 U.S.C. § 101 as directed to an ineligible natural law. The opinion was authored by Judge Lourie.

Patent 108
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Plagiarism, Destiny 2 and NERF Guns

Plagiarism Today

Bungie is celebrating ten years of Destiny 2. However, one piece of merchandise turned out to be plagiarized from a fan creation. The post Plagiarism, Destiny 2 and NERF Guns appeared first on Plagiarism Today.

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Petitioners Beware: Screenshots Showing Product May Not Qualify as Printed Publication

JD Supra Law

In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was offered for sale. Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”).

Patent 110
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Site Blocking Is Effective Worldwide Says New Report by IP House and DCA

The Illusion of More

Overseas and Out of Reach: International Video Piracy and U.S. Options to Combat It, released today by IP House and Digital Citizens Alliance (DCA) is one more reason the U.S. Congress should adopt site-blocking legislation to protect American creators and consumers. Thirteen years ago this coming January, Congress shelved bipartisan legislation that was designed to […] The post Site Blocking Is Effective Worldwide Says New Report by IP House and DCA appeared first on The Illusion of More

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The Significance of Anderson v. TikTok: A Test for Section 230 CDA

Barry Sookman

In the dying weeks of the summer, the U.S. Third Circuit Court of Appeals released a bombshell case holding that § 230 of the Communications Decency Act (CDA) did not provide a safe harbor for the social media company TikTok when its algorithms recommended and promoted a video which allegedly led to a minor killing herself. The case, Anderson v. TikTok, Inc., 2024 WL 3948248 (3rd.Cir.Aug. 27, 2024), is significant.

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3 Count: Pokemon with Litigation

Plagiarism Today

Nintendo sues Palworld developer, judge trims Office Depot's legal fees and Amazon joints the Motion Picture Association. The post 3 Count: Pokemon with Litigation appeared first on Plagiarism Today.

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UPDATE: Success for “Success Kid” before the Eighth Circuit in Copyright Dispute

JD Supra Law

A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The Eighth Circuit Court of Appeals has since affirmed the jury’s finding that the campaign was liable for copyright infringement for using the meme in a fundraising message for King’s unsuccessful reelection campaign.

Copyright 104
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Hackers Invited to Pirate IPTV Blocking Hackathon to Silence Illegal Devices

TorrentFreak

Android-based set-top devices have saturated the market in recent years, and it’s not uncommon for households to have several; downstairs, upstairs, and probably at least one in a drawer. These devices, including the ubiquitous Amazon Firestick, are mostly content agnostic and equally capable of streaming video from legal sources such as Netflix or BBC iPlayer, or from unlicensed IPTV platforms.

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Sailing Troubled Waters: A Look at the Spiral of Controversies that the CGPDTM Has Fallen Into

SpicyIP

[A big thanks to Mr. Prashant Reddy for his inputs on the post.] Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM.

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A Timeline of the Recent DEI Plagiarism Allegations

Plagiarism Today

This year, at least eight diversity-focused academics have come under fire for alleged plagiarism. Here's a timeline of the allegations. The post A Timeline of the Recent DEI Plagiarism Allegations appeared first on Plagiarism Today.

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[Video] (Podcast) The Briefing: Punchbowl News’ Trademark Win Despite Rogers Setback

JD Supra Law

Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.

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Operation 404.7 Targets 675 Pirate Sites, Brazil’s ISPs Now Block 6,700+ Domains

TorrentFreak

From launch in November 2019, the last five years have seen Brazil’s Operation 404 establish itself as both a local and international anti-piracy enforcement campaign. Operation 404’s branding plays on the HTTP 404 error message “page not found” and to indicate each new wave, 404 is followed by a decimal point and the corresponding wave number; the results of Operation 404.6 were announced late November 2023 so here in September 2024, news of Operation 404.7 has arrived a

Art 95
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Podcast: AI and Voice Replication with Tim Friedlander

The Illusion of More

In this podcast, I talk with Tim Friedlander, voice actor, musician, and founder of the National Associaion of Voice Actors (NAVA). Tim joined me to talk about AI — its potential threats to his profession, his experience meeting on Capitol Hill, and his views on why this subject matters. Contents The post Podcast: AI and Voice Replication with Tim Friedlander appeared first on The Illusion of More.

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3 Count: Hockey Fight

Plagiarism Today

American Hockey league and teams sued over music in social media, indie filmmakers fight for DMCA subpoenas and Miley Cyrus sued over Flowers. The post 3 Count: Hockey Fight appeared first on Plagiarism Today.

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GC Base Salaries At Big Companies On The Rise

IP Law 360

General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

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My Limitation Period is close to expiring – Help!

Nelligan Law

Reading Time: 2 minutes A limitation period is the deadline by which a claimant must initiate proceedings before the court. For many but not all claims, the limitation period in Ontario is two years from the date of the loss. For example, if you sustained a physical injury in a car accident on January 7, 2022, your limitation period would be no later than January 7, 2024.

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Germany Adds Sports Streaming Site ‘TotalSportek’ to Pirate Site Blocklist

TorrentFreak

In 2021, Germany joined a growing list of countries that have institutionalized pirate site blocking schemes in place. Several large ISPs teamed up with copyright holders and launched the “Clearing Body for Copyright on the Internet” ( CUII ), which is responsible for handing down blocking ‘orders’. While CUII doesn’t rely on court judgments, there is some form of oversight.

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SpicyIP Tidbit: Delays, Lack of Manpower, Pending Applications- CGPDTM in Need of Institutional Reform

SpicyIP

Image from here In Tiger Foods Ingredients (P) Ltd. v. Registrar of Trademarks , the Madras HC was hearing a writ petition seeking a writ of mandamus for the Trademark Registry to expeditiously dispose of a name-change application ( Form TM P ). In this case, the application was filed on 05.07.2024 whereas the writ petition before the Court was filed on 11.08.2024.

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Miley Can Buy Flowers, But Can't Copy Bruno Mars, Suit Says

IP Law 360

Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.

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Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG

Technology & Marketing Law Blog

Surprise, another 512(f) claim fails. But the sender’s dereliction in this case really got to me, so it’s worth the blog post. The case revolves around a “beat” produced by Jordan Jenks (a/k/a Pi’erre Bourne). Jenks licensed the beat non-exclusively to Jordan White (a/k/a G-BABY GVVAAN), who incorporated it into a song called “ Oi!

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Magis TV IPTV Crackdown Blocks 70 Domains, Hundreds Already Wiped Out

TorrentFreak

Last December when the MPA and other rightsholders renewed calls for site-blocking measures to be implemented in the United States, much of the focus was placed on Fmovies. Before its recent sudden demise , Fmovies was considered the world’s largest illegal movie and TV show streaming site, yet some lawmakers in attendance at last year’s hearing had never heard of it before.

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United States Finalizes Section 301 Tariff Increases on Imports from China

JD Supra Law

On September 13, 2024, the United States Trade Representative (USTR) announced the final Section 301 tariff increases on imports from China,1 following its original proposal in May 2024. Electric vehicles, electric vehicle batteries, battery parts, respirators and facemasks, syringes and needles, ship-to-shore gantry cranes, solar panel cells and modules, steel and aluminum products, and certain critical minerals imported from China will face increased tariff rates ranging between 25% and 100%.

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McCarter & English's Misstatement Won't Nix Malpractice Win

IP Law 360

A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation – and repeated in the judge's opinion – did not warrant reviving the case.

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Announcing FRAND: German Case Law and Global Perspectives

Patently-O

Guest Post by Thomas F. Cotter, Taft, Stettinius & Hollister Professor of Law, University of Minnesota Law School As readers of this blog are aware, organizations such as the European Telecommunications Standards Institute (ETSI), IEEE, and others promulgate standards that enable products such as smartphones and other complex technological devices to interoperate.

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