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Photographer Wins Just $940 in Federal Lawsuit

Plagiarism Today

The same day a photographer won $11,000 at the Copyright Claims Board, a different photographer won just $940 in federal court. The post Photographer Wins Just $940 in Federal Lawsuit appeared first on Plagiarism Today.

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10 reasons that small businesses need to protect their trademarks

Erik K Pelton

The following is an edited transcript of Chapter 21 of my book video Building a Bold Brand: Small Business Concerns Small businesses are just as capable of creating and building great brands as big businesses are. In fact, small businesses may be even more capable. All a business really needs is some creativity and wit so that it can begin building a bold brand via a great name.

Business 130
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Design reform reaches its finale: it is now Regulation (EU) 2024/2822 and Directive (EU) 2024/2823

The IPKat

Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. This post analyses the main elements of the two acts. Background Foundations for the EU design system (as of now still covered by Regulation (EC) 6/2002 for EU-wide designs and Directive 98/71/EC for national designs) were laid down in the late 1980s-early 1990s, when various groups of academics presented their proposals for EU acts on the ma

Design 117
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Patent Claim Count

Patently-O

The updated patent claim count data through 2024 reveals a continuing trend toward standardization in claim counts, with both the median and mean hovering around 16-17 claims per patent. The perhaps the most striking feature of this longitudinal data is the dramatic reduction in variance – from a standard deviation of about 15 claims in the mid-2000s to just about 7 claims today.

Patent 110
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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 Management Information: Insights from Raw Story v OpenAI

Barry Sookman

OpenAI scored a major success in a recent case in which Raw Story Media, Inc. and AlterNet Media, Inc lost a motion to dismiss their case alleging that OpenAI’s removal of copyright management information (CMI) from thousands of articles prior to using them to train its ChatGPT product violated Section 1202(b)(i) of the DMCA. In dismissing the case, the court relied on the U.S. requirement to establish Article III Standing (that the injury must be “concrete and particularized” and “actual or im

Copyright 110
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Does AI Replace Human Creators?

Plagiarism Today

A new study published in the Harvard Business Review examines the impact of AI systems on human creators. The answers are not encouraging. The post Does AI Replace Human Creators? appeared first on Plagiarism Today.

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Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

JD Supra Law

What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more popular, celebrity athletes and musicians have taken notice and jumped into the game. This is true for both forms of cannabis, including marijuana and hemp.

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[GuestPost] How the European Patent Office uses AI to facilitate patent searches

The IPKat

The AmeriKat has the t-shirt.now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. Over to Kate for the report: "The European Patent Office (EPO) has embraced artificial intelligence (AI) to enhance the efficiency of its patent document searching process.

Patent 113
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Netgear Says Huawei Engaging In Global Patent 'Warfare'

IP Law 360

Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.

Patent 95
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3 Count: Don’t Look Down

Plagiarism Today

Judge dismisses lawsuit over Don't Look Up, Suno announces version four of its app and Spanish authorities take over piracy service. The post 3 Count: Don’t Look Down appeared first on Plagiarism Today.

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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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The Rise of ‘Non-Transitory’ Claims: How a Single Word Became Key to Software Patent Eligibility

Patently-O

by Dennis Crouch Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. This dramatic rise illustrates both the central role of software in our patent system and the peculiar formalistic requirements that have emerged around software patent eligibility under 35 U.S.C. § 101.

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Generic Launches - Abbreviated New Drug Applications and 505(b)(2) Applications

JD Supra Law

This chart tracks the date, drug, reference-listed company, applicant, and indications of publicly available drug launches resulting from Abbreviated New Drug Applications and 505(b)(2) Applications.

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FMovies Piracy ‘Mastermind’ Confesses, Authorities Confirm Piracy Prosecution

TorrentFreak

After eight years of unprecedented uptime and reliability, the collapse and eventual demise of pirate streaming giant FMovies looked much like the demise of any other. Cracks first started to emerge in June 2024 when the site stopped updating with new content. A few weeks later in mid-July, FMovies disappeared entirely, without any explanation from its operators or indeed anyone else.

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IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain

IP Watchdog

During a scheduled markup hearing of three key patent bills today, Senators Thom Tillis (R-NC) and Chris Coons (D-DE) announced they would delay consideration of both Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act), respectively. However, the Inventor Diversity for Economic Advancement (IDEA) Act of 2024 moved forward to the Senate floor.

Inventor 104
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CCB Awards Photographer it’s Largest Damage Award

Plagiarism Today

The Copyright Claims Board has awarded a photographer $11,000 in damages. However, the photographer only narrowly won the case. The post CCB Awards Photographer it’s Largest Damage Award appeared first on Plagiarism Today.

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USPTO Urged To Revamp Computer Image Design Patent Rule

IP Law 360

Intellectual property law groups and Apple Inc. have recommended that the U.S. Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated.

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Netflix gearing up to stop streaming copyright piracy in upcoming Tyson vs. Jake Paul fight

JD Supra Law

Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on the planet, versus the YouTube sensation-turned-boxer Jake Paul. While the fighters train and talk trash, a different kind of high-stakes battle is taking place behind the scenes.

Copyright 110
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(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed.

SpicyIP

Poster for the “Horn OK Please” event. Image from here. [ The post is co-authored by Deepali Vashist and Praharsh Gour. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous post can be accessed here. ] In an interesting turn of events, the Bombay High Court on 12 th November 2024, granted an quia timet interim injunction against the Sports Authority of India (SAI ),

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Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing yesterday in which Register of Copyrights Shira Perlmutter told the Subcommittee members that the Office is still working to get parts two and three of its promised report on Copyright and Artificial Intelligence out by the end of this year.

Reporting 100
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Plagiarism in Pop Culture: South Park

Plagiarism Today

South Park is not afraid of controversy. However, this time capsule episode about plagiarism in the music industry is very interesting. The post Plagiarism in Pop Culture: South Park appeared first on Plagiarism Today.

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Penn State Asks To Keep Defendant In Vintage Brand TM Trial

IP Law 360

In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.

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[Video] Unlock Privacy ROI: Why Making Cross-Functional Allies is Key

JD Supra Law

Though the data privacy function is relatively new, it faces an old challenge: How can privacy prove its value to the business and be seen as more than "just" a cost center? Cost centers tend to get the bare minimum in terms of resourcing and influence. But privacy needs more than the minimum if it's to be effective in protecting the business, protecting consumers and generating value.

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Gene Simmons gives the fingers to the PTO

Likelihood of Confusion

Originally posted 2017-06-14 11:52:04. Republished by Blog Post Promoter Yes, it’s another pop star seeking to assert digital trademark rights. This time it’s senior citizen Gene Simmons of Kiss: If you were wondering, The mark consists of a hand gesture with the index and small fingers extended upward and the thumb extended perpendicular.” As you’d […] The post Gene Simmons gives the fingers to the PTO appeared first on LIKELIHOOD OF CONFUSION™.

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Global Survey Launches to Map the Future of Learned Society Publishing

Velocity of Content

This blog was originally published by Research Consulting Limited and is republished with permission. In an era of rapid transformation in scholarly communication, learned society publishers face unprecedented challenges and opportunities. Today, Research Consulting, in partnership with CCC (Copyright Clearance Center, Inc.), announces the launch of a comprehensive international survey to understand how learned societies are adapting to this changing landscape.

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3 Count: Dare to Know

Plagiarism Today

Yes band members sued over Dare to Know, FMovies leader confesses and Shein must face both RICO and copyright claims. The post 3 Count: Dare to Know appeared first on Plagiarism Today.

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Perpetual Plight: Unveiling the Unending Saga of Exploitation

IP and Legal Filings

INTRODUCTION At the outset of the COVID-19 lockdown, some unprecedented scenes erupted that before were almost unimaginable for any of us, when interstate migrant workers started walking back to their native states and villages from the metro cities where they had gone with a dream of living a better life and as an escape from poverty. The whole world witnessed the disastrous moments of covid and between all of those, there was a segment of people who were completely deprived of any resources an

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Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

SpicyIP

In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. SpicyIP intern Kartikeya Srivastava analyses this decision from the lens of underlying public interest in the information sought and comments on the dilution of the RTI Act under the guise of privacy.

Privacy 97
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Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel

IP Law 360

Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices for graphic processing units used in powering artificial intelligence, with Nvidia saying the startup's "low patent quality" is just as likely to have caused purported injuries.

Patent 95
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AI Reporter - November 2024

JD Supra Law

Several industry organizations have recently published AI guidelines, including the Digital Medicine Society (DMS), in partnership with Google and the Mayo Clinic. The DMS playbook includes both a strategy guide and an ROI calculator. The American Law Institute launched an initiative designed to provide guidance regarding the legal issues arising from the growing ubiquity of AI.

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3 Count: Per Song or Per Album

Plagiarism Today

Record labels appeal damages decision to Supreme Court. Roblox settles with toymaker, and sports leagues target Google. The post 3 Count: Per Song or Per Album appeared first on Plagiarism Today.

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Dutch Court Orders ISP to Block Torrent Site TorrentGalaxy

TorrentFreak

Pirate site blocking is one of the entertainment industry’s favorite enforcement tools. In recent years, it’s become a common practice in many countries around the world. In the Netherlands, it took over a decade for the first order to be approved. After detours through the Supreme Court and the EU Court of Justice, the final order was issued in 2020, targeting The Pirate Bay.

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Regulating The Game: Towards A Safe and Sustainable Online Gaming Ecosystem in India

IP and Legal Filings

INTRODUCTION With the onset of technological developments throughout the world, Gaming, especially, Online gaming has started getting more attention throughout the world. Earlier, games only included sports or board games like Ludo. After that, the concept of video games came into being, and since then various new and revolutionary developments have been made in this sector.

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Full Fed. Circ. Won't Touch GoPro Patent Eligibility Argument

IP Law 360

The full Federal Circuit decided Thursday not to look further into arguments from GoPro Inc. that a September panel ruling on patents asserted against the camera company created "a breathtaking expansion of subject-matter eligibility.

Patent 92
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UK Supreme Court Ruling: Sky Falls in Pivotal Trade Mark Battle with SkyKick

JD Supra Law

The wait is over! The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing business. The case has been awaited with interest by brand owners and the trade mark community, as it addresses significant issues regarding trade mark validity and bad faith in the context of broad trade mark registrations.

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3 Count: Lawsuit Fishing

Plagiarism Today

Final defendant convicted in Jetflicks case, Katy Perry fights copyright infringement appeal and Anheuser-Busch sued over fishing art. The post 3 Count: Lawsuit Fishing appeared first on Plagiarism Today.