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3 Count: Counterfeit DVDs

Plagiarism Today

News nonprofit sues OpeAI, Internet Archive takes fight to Second Circuit and film producer faces liability over counterfeit DVDs. The post 3 Count: Counterfeit DVDs appeared first on Plagiarism Today.

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Can a book title be a registered trademark?

Erik K Pelton

The quick and short answer to “How can I protect a book title?” is that you can’t. But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. An author can register the same phrase or words for other products or services that they may provide.

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3 Count: PRS Dispute

Plagiarism Today

Musicians file case against PRS for Music, Filmmakers appeal Reddit subpoena and SC bar accused of playing unlicensed music. The post 3 Count: PRS Dispute appeared first on Plagiarism Today.

Music 218
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Cropping photograph and omitting author's name may infringe moral rights

The IPKat

There is no doubt that photographs can be protected by copyright [ IPKat here , here and here ]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights.

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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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Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property

JD Supra Law

Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space. NFTs, however, have played a major role in shifting our valuation of assets beyond the physical realm, extending instead to the recognition of digital property rights in the non-physical (cyber) space.

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OpenDNS Suspends Service in France Due to Canal+ Piracy Blocking Order

TorrentFreak

In 2023, broadcaster Canal+ went to court in France with the goal of obtaining an order requiring local ISPs to block over 100 pirate sports streaming sites. The French court complied with the request; ISPs including Orange, SFR, OutreMer Télécom, Free, and Bouygues Télécom, were ordered to implement technical measures to prevent access to Footybite.co, Streamcheck.link, SportBay.sx, TVFutbol.info, and Catchystream.com, among dozens of others.

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Liquid Death: Bold Branding Example

Erik K Pelton

From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode. The post Liquid Death: Bold Branding Example appeared first on Erik M Pelton & Associates, PLLC. From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode.

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Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families

U.S. Department of Commerce

Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families June 27, 2024 ASowah@doc.gov Thu, 06/27/2024 - 10:27 According to new survey data from the Federal Reserve’s 2023 Survey of Household Economics and Decisionmaking (“SHED”), low-income families are more likely to reduce work to care for young children while high income families are more likely to pay for care.

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MarkIt to Market® – June 2024: Where, What, and How – Trademarks & the Olympic Games (Part 1)

JD Supra Law

Part 1: WHERE - Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Over the course of the next three months, we will review the where, what, and how: from where the U.S. Olympic Committee (USOC) derives its trademark rights, what it considers those rights to be, and how the Committee has enforced its rights against third parties.

Trademark 117
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Torrent Site MagnetDL Suffers Extended Downtime

TorrentFreak

Founded in 2012, MagnetDL has amassed a substantial user base by offering a clear and easy-to-use torrent search portal. As its name suggests, the site relies on magnet links instead of regular torrent files, and the site is particularly popular in the United States. Over the past few days, however, regular users have trouble reaching the site. Instead of the usual search box, they now see a Cloudflare error message, suggesting that MagnetDL’s server is unreachable.

Copyright 101
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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 Inevitable Collapse of Chegg

Plagiarism Today

Three years ago, Chegg was a juggernaut of the edtech space. Now, its business is in ruins. The reason: AI provides a better way to cheat. The post The Inevitable Collapse of Chegg appeared first on Plagiarism Today.

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Read this before choosing a new brand name!

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. They are the sum parts of a company and the customer’s relationship with its products or services. When consumers form a relationship to a brand, the relationship focuses not just on the product or service, but also on quality reliability, the consumer’s perception of what the business represents and

Branding 130
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The Best is Yet to Come: The Milan Section of the UPC Central Division Opens Its Doors

IP Watchdog

Nearly a year has passed since the Administrative Committee’s Decision on June 26, 2023, amending the Unified Patent Court Agreement (UPCA) to move the London Section of the Central Division of the Unified Patent Court (UPC) of First Instance to Milan and to reallocate its competences between the Seat (Paris) and the two Sections of the Central Division (Munich and Milan), thereby aligning the UPCA with the consequences of Brexit.

Patent 93
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BREAKING: Supreme Court Strikes Down Chevron Deference

IP Law 360

The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly-used analytic tool and leaving lots of questions about what comes next.

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South Korean ISP ‘Infected’ Torrenting Subscribers with Malware

TorrentFreak

From a networking perspective, most Internet providers are generally not thrilled with BitTorrent users. Historically, torrent traffic has placed quite a burden on the network , which is one of the reasons why Comcast quietly began throttling torrent traffic many years ago. Another reason to limit torrent traffic is to reduce costs. BitTorrent users transfer large amounts of data that’s not always covered by cheap peering agreements , which can become quite costly.

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3 Count: Artificial Music

Plagiarism Today

US Record Labels sue AI startups, Italy blacks out millions watching pirate soccer streams and California hits speed bump on bar exam. The post 3 Count: Artificial Music appeared first on Plagiarism Today.

Music 195
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Major Record Labels Sue Gen AI Devs Suno and Udio

The Illusion of More

The most prominent copyright lawsuit against Generative AI (GAI) to date dropped yesterday when the major record labels filed complaints against developers Suno and Udio in the District of Massachusetts and the Southern District of New York respectively. This is going to be one to watch, not just because of the size of the plaintiffs […] The post Major Record Labels Sue Gen AI Devs Suno and Udio appeared first on The Illusion of More.

Copyright 112
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Chevron is Out: SCOTUS Says Doctrine Flouts APA, Dissent Accuses Colleagues of ‘Judicial Hubris’

IP Watchdog

The U.S. Supreme Court today issued its opinion in Loper Bright Enterprises v. Raimondo, overruling the Court’s seminal case on administrative agency deference, Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. Chief Justice Roberts delivered the opinion of the Court and Justices Kagan, Sotomayor and Jackson dissented.

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U.S. Supreme Court Upholds Constitutionality of Federal Trademark Statute's "Names Clause"

JD Supra Law

The U.S. Supreme Court unanimously rejected a First Amendment challenge to the "names clause" of the Lanham Act on June 13, 2024. See Vidal v. Elster, No. 22-704. The names clause prohibits federally registering a trademark that contains a living person's name without their consent. 15 U.S.C. § 1052(c). The U.S. Patent and Trademark Office….

Trademark 112
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Nintendo Sues ‘Modded Hardware’ and r/SwitchPirates Moderator ‘Archbox’

TorrentFreak

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

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Infographic | INTA meeting 2024

Olartemoure Blog

INTA brings together key stakeholders involved in trademark protection, including policymakers, attorneys, officials, brand owners, and top-tier IP professionals. INTA has various committees and hosts multiple meetings throughout the year. These committees, composed of volunteers from around the world, dedicate their time to creating new resources for members and non-members alike, including policymakers, brand owners, and courts.

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Other Barks and Bites for Friday, June 28: RIAA Sues AI Music-Generating Platforms for Mass Copyright Infringement; EPO Releases Annual Review for 2023; and News Non-Profit Launches Lawsuit Against Open AI and Microsoft for Copyright Infringement

IP Watchdog

This week in Other Barks and Bites: WIPO releases a study that finds intangible investment is growing rapidly in part due to IP; the Center for Investigative Reporting files a copyright lawsuit against OpenAI and Microsoft; and the RIAA files a lawsuit against AI music-generating platforms for mass copyright infringement.

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[Video] The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years

JD Supra Law

Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music.

Music 112
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In Chevron Case, Justices Trade One Unknown For Another

IP Law 360

The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

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3 Count: South Korean Malware

Plagiarism Today

South Korean ISP accused of infecting BitTorrent users, Google approves new legislation in Türkiye and MPA gets new anti-piracy head. The post 3 Count: South Korean Malware appeared first on Plagiarism Today.

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Leaders League 2024

Olartemoure Blog

patent prosecution ranked leading ranked individuals Carlos R. Olarte Partner Alexander Agudelo Partner Monica Guevara Partner | Patents Director ip litigation ranked leading ranked individuals Juan G. Moure Partner J. Felipe Acosta Partner | Litigation & ADR Director Nathalia Nieto Litigation & ADR Coordinator trademark prosecution ranked leading ranked individuals Juan G.

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CAFC Says Generic’s Public Statements Make Induced Infringement Claims Plausible

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today reversing a district court’s grant of Hikma Pharmaceuticals’ motion to dismiss Amarin Pharma, Inc.’s complaint against it for induced infringement. Amarin claimed Hikma induced infringement of its “icosapent ethyl” product, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, marketed as Vascepa.

Marketing 111
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Kim Dotcom Can’t Prevent NZ Govt. Sending Hard Drives & Passwords to FBI

TorrentFreak

Defying even the broadest definition of ‘justice’ or even basic common sense, more than 12 years after his initial arrest, Kim Dotcom is still fighting the New Zealand government on every detail of his case. Given that the booby prize for not doing so is an all-expenses-paid trip to the United States, few could blame him. But why this has been allowed to drag on for so long can only be answered by New Zealand’s government.

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High Court Enters July With 3 Rulings To Go

IP Law 360

In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platform's content moderation policies and the appropriate deadline to challenge agency action.

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[Webinar] Design Patents Post-LKQ v. GM: Navigating New Obviousness Test for Design Patents - July 10th, 1:00 pm - 2:30 pm EDT

JD Supra Law

This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. v. GM Global Technology Operations L.L.C. (May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. The panel will offer guidance addressing obviousness issues in design patents.

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Using High-Quality Content to Close Learning Gaps

Velocity of Content

The COVID-19 pandemic brought unprecedented disruptions to education. In many cases, these disruptions have led to learning loss among K-12 students. With school closures, remote learning challenges, and shifting instructional models, students have faced significant obstacles in maintaining academic progress. Research indicates that the pandemic has widened existing educational inequities, with marginalized communities disproportionately affected by the learning disruptions.

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Recent Statistics Show PTAB Invalidation Rates Continue to Climb

IP Watchdog

The invalidation rate of patents in America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs), has been high since the inception of the PTAB. Just one year into the AIA, Chief Judge Randall Rader famously referred to the PTAB as a “death squad” at the 2013 American Intellectual Property Law Association (AIPLA) annual meeting because the invalidation rate was so high.

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UK ISPs Blocked 7,000+ Piracy Domains in the First Six Months of 2024

TorrentFreak

Next month will mark the 13th anniversary of the first site blocking injunction in the UK. Action by the major Hollywood studios against Usenet indexing site Newzbin led to ISP BT being ordered to block the service. That was just the beginning and in most cases today, major UK ISPs including BT, Virgin Media, and Sky, are supportive of site blocking requests and happily carry them out, despite increasing complexity.

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Unpacking The Circuit Split Over A Federal Atty Fee Rule

IP Law 360

Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles at Finnegan.

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Government’s Choice for Chief of Human Rights Commission Cited Terrorism as a Rational Strategy With High Rates of Success

Michael Geist

The government’s choice for chief of the Canadian Human Rights Commission has been mired in controversy this week given his failure to disclose a record of posts and appearances that call into question the ability for Jewish or Zionist Canadians to get a fair, impartial hearing at the Commission. Birju Dattani, who formerly was known as Mujahid Dattani, is now the subject of an independent investigation by the Ministry of Justice as the calls for his resignation or replacement from stakeholder g