Mon.Mar 24, 2025

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3 Count: Poison Pill

Plagiarism Today

Strike 3 Holdings wins three default judgments, Italian court orders Google to block pirate sites and GTA modder gets copyright strike. The post 3 Count: Poison Pill appeared first on Plagiarism Today.

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The (Lang) Van guards of the proletariat (updated)

Likelihood of Confusion

Originally posted 2014-01-27 21:24:33. Republished by Blog Post PromoterRemember when Vietnam was communist and stuff? Probably not. Well, I do. And yes, I look it. And yes, GET OFF MY LAWN! Anyway, even if it was, it probably mostly isn’t any more. (UPDATE: Funny you should mention it!) And even if it were, though, still […] The post The (Lang) Van guards of the proletariat (updated) appeared first on LIKELIHOOD OF CONFUSION.

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Plagiarism in Pop Culture: The Bernie Mac Show

Plagiarism Today

The Bernie Mac Show was based heavily on the legendary comedian's life. So it's no surprise that it tackled joke theft with grace and nuance. The post Plagiarism in Pop Culture: The Bernie Mac Show appeared first on Plagiarism Today.

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[Part II] Assessing DHC’s Finding on Piercing the Corporate Veil and Damages in the Amazon Case

SpicyIP

Image from here [ This post is authored by Khushi Jain and Vishno Sudheendra. Khushi is a third-year B.A., LL.B (Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Vishno is a third-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] In Part I , we examined the Delhi HCs method of imposing liability on Amazon Technologies, Inc.

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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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[Event] 21st Annual Conference on Paragraph IV Disputes - April 29th - 30th, New York, NY

JD Supra Law

Attend ACI's 21st Annual Conference on Paragraph IV Disputes and join leaders from brand and generic pharmaceutical companies, renowned outside counsel, esteemed members of the judiciary, government, and academia to: - Glean insights on how the latest policies under Trump 2.

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[Part I] Safe Harbor in Jeopardy? Why the Delhi HC’s Amazon Verdict Raises Red Flags

SpicyIP

[ This post is authored by Khushi Jain and Vishno Sudheendra. Khushi is a third-year B.A., LL.B (Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Vishno is a third-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] In a recent judgment on February 25, 2025, the Delhi High Court (DHC) in Lifestyle Equities CV & Anr. v.

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Torrent Site Uploader and Member of ‘The Scene’ Sentenced to Prison in Denmark

TorrentFreak

In Denmark, law enforcement authorities and rightsholders have worked hard to shut down the thriving local torrent tracker scene over the past five years. These efforts targeted private torrent trackers including DanishBits, NordicBits, Superbits, Asgaard and ShareUniversity. More than two dozen uploaders and admins connected to these sites were convicted as a result.

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The Court of Appeals for the Federal Circuit’s In Re Xencor Decision: Jepson Claims Require Written Description for Their Preambles

JD Supra Law

On March 13, 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision titled In Re: Xencor, Inc. (the Xencor decision). The Xencor decision affirms the decision of the Appeals Review Panel (ARP) of the US Patent and Trademark Office, which held both pending claims of US Patent Application No. 16/803,690 (the 690 application) unpatentable for lacking written description for their preambles.

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France Mulls Instant IPTV Blocks, €750K Fines & New Piracy Crime of ‘Incitement’

TorrentFreak

Regardless of club, region or country, football fans across Europe have been warned for years about the potential for financial crisis. With rising prices for those who love the stadium experience, and a similar picture for those burdened with rising costs while juggling multiple subscriptions at home, awareness among fans is already typically high.

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Federal Circuit Opens the Door to Additional Domestic Industry Investment: “Ordinary Importer” No Longer

JD Supra Law

In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the domestic industry requirement under Section 337(a)(3)(B). App. No. 2023-1245, Opinion (Mar. 5, 2025). Post-manufacture activities that previously were not consideredlike sales, marketing, warehousing, quality control, and distributionare now likely includable as domestic.

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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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Arcturus Therapeutics Inc v. Assistant Controller: The Courts Remind the Patent Office to Give Reasons

SpicyIP

[ The Post has been authored by SpicyIP Intern Suhani Chhaperwal. Suhani is a third-year law student at NLSIU who loves to write on IP and tech issues. Her previous posts can be accessed here. ] After a plethora of orders over the last couple of years (see below) directing the Controller to pass reasoned orders, on February 24, we saw another drop in this bucket.

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DC Circuit Holds That AI Cannot Be an Author Under Copyright Law

JD Supra Law

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the Copyright Offices position that artificial intelligence cannot be an author under the Copyright Act.

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Monday Miscellany

The IPKat

Another week, another round up of whats going on at the moment! Super kids Seven-year-old named Callie from Manchester won the Kids Invent Stuff and Taskmaster Education Competition supported by the UK's Intellectual Property Office. The competition coincided with Science Week and involved 1,600 inventors aged 4-11 creating solutions to problems. The winning invention was a bath tub that shoots tasks out one end and poops rubber ducks out of the other, which as the winning idea got made IRL.

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The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record

Michael Geist

With a federal election just called and the campaign now underway, the focus will turn – at least in very small part – to party policies. It is certainly possible that digital issues such as AI regulation, online harms, and the fate of Internet laws will merit a mention. Im hoping to cover those issues in the weeks ahead, but this week, I offer one last look back.

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US Supreme Court: 'Defendant’s Profits' Are Limited to Named Defendants Under the Lanham Act

JD Supra Law

Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the defendants profits as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc. unanimously construed defendants profits in 35 USC 1117(a) to mean that only the named defendants profits can be awarded, not the profits of other related corporate entities.

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Dog Toy Maker Appeals Injunction In Jack Daniel's TM Dispute

IP Law 360

The maker of a poop-themed dog toy that mimics Jack Daniel's bottles is appealing a permanent injunction that an Arizona federal court entered after finding the company tarnished the whiskey-maker's brand by associating it with feces.

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Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc. (Fed. Cir. 2025)

JD Supra Law

Early last year, Aurobindo, one of the Defendants* in ANDA litigation against Merck, advanced the proposition that in cases where a patent had been reissued patent term extension ("PTE") under 35 U.S.C. 156 should be calculated based on the grant date of the reissue patent and not of the "original" patent from which the reissue was obtained.

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Firms Still Have Lateral Market Advantage, But Risks Persist

IP Law 360

Partner and associate mobility data from the fourth quarter of 2024 shows that were in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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SCC to revisit “method of medical treatment” patent claims

JD Supra Law

This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to methods of medical treatment. In the underlying action, Janssen asserted that Pharmascience would infringe its Canadian Patent No. 2,655,335 (335 Patent) relating to paliperidone palmitate (INVEGA SUSTENNA) with its generic version.

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D.C. Circuit Upholds Human Authorship Requirement in Thaler v. Perlmutter

IP Watchdog

Last Tuesday, the U.S. Court of Appeals for the D.C. Circuit issued an opinion in Thaler v. Perlmutter affirming the denial of a copyright application filed by artificial intelligence (AI) developer Dr. Stephen Thaler to an image created by one of Thalers generative AI systems. Although the appellate court did not categorically reject registrability of all AI-generated works, the D.C.

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BREAKING: Netlist Again Wins Samsung Patent Contract Suit On Retrial

IP Law 360

Netlist Inc. secured a repeat win Monday in a California federal court retrial of a breach of contract suit against Samsung Electronics Co., a verdict that itself carries no money judgment but bolsters the chipmaker's position on maintaining $421 million worth of patent infringement damages from separate trials.

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SCOTUS Denies ParkerVision, Island IP and Other IP Petitioners Further Review

IP Watchdog

The Supreme Court today nixed several high-profile IP petitions, including two that touch on the U.S. Court of Appeals for the Federal Circuits (CAFCs) controversial use of one-word affirmances under Rule 36.

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Mattel Reclaims DC Toys: A Plastic Resurrection Worthy of a Reboot

Nelligan Law

Reading Time: 2 minutes Move over, Batman. Theres a new comeback story in town, and its about as dramatic as a Snyder Cut reveal. Mattel has successfully clawed back the lucrative rights to make DC-themed action figures and other toys, wresting them from the hands of competitor Spin Master. Its like watching a classic superhero arcMattel, once the undisputed king of molded plastic heroes, fell into the shadows, trained in the art of strategic licensing deals, and has now returned, battle-scarred

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Case Closeout

BYU Copyright Blog

Case Closeout University,Work for Hire,Settled Out of Court,Private School Joshua Potter March 24, 10:09 AM March 24, 10:09 AM Weisblat v. John Carroll University In February 2023, we first published a post describing the Complaint by Gina Weisblat ("Weisblat") against her former employer, John Carroll University ("JCU"). Weisblat claims that JCU appropriated and reused a grant application she wrote in order to apply for other grants without her permission.

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Supreme Court Won't Review Dismissal Of Koss' PTAB Appeal

IP Law 360

The U.S. Supreme Court on Monday turned down an appeal by headphone maker Koss Corp. arguing that the Federal Circuit wrongly dismissed its appeal of a Patent Trial and Appeal Board decision by finding that the company's patents had been declared invalid in a separate case that settled.

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More March Case Updates

BYU Copyright Blog

More March Case Updates Music,Settled Out of Court,Pictorial Works,Code March 24, 11:32 AM March 24, 11:32 AM Charming Beats LLC v. Alpha Kappa Alpha Sorority A short-lived case ended just two months after we first reported it. On September 19, 2022, we published a post involving a music composer doing business as Charming Beats (Beats) and Alpha Kappa Alpha Sorority (Alpha).

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High Court Turns Down Case Over Amazon Patent Program

IP Law 360

The U.S. Supreme Court decided Monday not to hear an appeal of a Federal Circuit decision that found a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state.

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@Artist Rights Institute Newsletter 3/24/25

The Trichordist

The Artist Rights Institute’s news digest newsletter for 3/24/25

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Supreme Court Skips Fed. Circ. 1-Word Order Cases

IP Law 360

The U.S. Supreme Court on Mondayrejecteda pair of challenges to the Federal Circuit's use of one-word orders in patent cases.

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CAFC Affirms TTAB's MONEY MART Decision, Confirming that Zone of Natural Expansion Doctrine Applies Only Defensively

The TTABlog

The CAFC upheld the Board's latest decision (on remand) in this long-running dispute over Dollar Financial Group's registrations for the mark MONEY MART , in standard character and design form, for loan financing and check cashing services. The appellate court ruled that the Board "correctly determined that DFG may not rely on the zone of natural expansion doctrine to establish priority and that confusion was likely with respect to DFGs recited pawn brokerage and pawn shop services.

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Trademark Tug-of-War: Shezan Brands Battle Over Trademark Registrations

Indiana Intellectual Property Law

Shezan Services (Private) Limited and Shezan International Limited have filed a legal complaint seeking declaratory judgment and injunctive relief against Indiana companies, Intershez Corporation and Shezan, LLC. The plaintiffs claim that Intershez and Shezan, LLC fraudulently registered Shezan Services trademarks in the United States and used these registrations to have U.S.

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Has green-and-orange combination acquired distinctiveness for agricultural machines? No, says the EUIPO

The IPKat

Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO, refused the registration of a colour combination for agricultural machines and implements, namely field sprayers in Class 7 of the Nice Classification due to the absence of sufficient evidence demonstrating acquired distinctiveness through use under Article 7(3) EU Trade Mark Regulation (EUTMR).

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Trump Administration Receives 8,755 Comments for AI Action Plan — AI: The Washington Report

JD Supra Law

The Trump administrations Office of Science and Technology Policy received 8,755 comments in response to its Request for Information for the development of its AI Action Plan implementing the Trump AI Executive Order issued in January. The comment period ended on March 15.