3 Count: Something Fishy
Plagiarism Today
OCTOBER 28, 2024
The US Copyright Office finalizes new DMCA exemptions and Rhode Island bar sued over unlicensed karaoke tracks. The post 3 Count: Something Fishy appeared first on Plagiarism Today.
Plagiarism Today
OCTOBER 28, 2024
The US Copyright Office finalizes new DMCA exemptions and Rhode Island bar sued over unlicensed karaoke tracks. The post 3 Count: Something Fishy appeared first on Plagiarism Today.
Hugh Stephens Blog
OCTOBER 27, 2024
” A Recent Entrance to Paradise”, Stephen Thaler (not protected by copyright) One of the ongoing debates about works made with generative AI is whether they qualify for copyright protection. Should they? Let’s consider the essence of copyright. What is its raison d’être? According to the classical European definition, it is to respect the property … Continue reading "If AI Tramples Copyright During its Training and Development, Should AI’s Output Benefit from Copyright Pr
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Plagiarism Today
OCTOBER 23, 2024
Vice President Kamala Harris is the target of new plagiarism allegations. However, there's a major problem with these. The post The Second Kamala Harris Plagiarism Scandal appeared first on Plagiarism Today.
Erik K Pelton
OCTOBER 23, 2024
Erik shares details about what differentiates patents, trademarks, and copyrights from each other in this episode. The post 25 Differences Between Patent, Copyright and Trademark appeared first on Erik M Pelton & Associates, PLLC. Erik shares details about what differentiates patents, trademarks, and copyrights from each other in this episode.
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?
IP Watchdog
OCTOBER 24, 2024
In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7% for patent owners with a product. eBay opened the floodgates to massive predatory infringement, destroying countless startups, especially those commercializing cri
JD Supra Law
OCTOBER 23, 2024
The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses significant business risks and ethical dilemmas. Because this technology is so easy to use and exploding in capabilities, it is crucial that companies establish a comprehensive GenAI policy.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
OCTOBER 25, 2024
Last week, Green College, an interdisciplinary graduate college on the campus of the University of British Columbia in Vancouver, hosted a medieval workshop titled The Writing of Ancient Christianity in Late Antiquity and the Middle Ages. As the title would suggest, the workshop was highly specialized and of limited interest to anyone outside of the scholarly field.
Erik K Pelton
OCTOBER 22, 2024
The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. The great majority of infringement matters are resolved without litigation, and the great majority of trademark litigation cases that are filed are resolved without a verdict from a court.
IP Watchdog
OCTOBER 23, 2024
On October 21, Los Angeles-based film production company Alcon Entertainment filed a lawsuit in the Central District of California alleging copyright infringement and false endorsement against automaker Tesla, its CEO Elon Musk and media conglomerate Warner Bros. Discovery. The suit claims that these parties are responsible for the creation of an artificial intelligence (AI) generated image of Tesla’s Cybercab using iconic imagery from Alcon’s 2017 theatrical release Blade Runner 2049.
JD Supra Law
OCTOBER 25, 2024
On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule can be found here. The new regulations are intended to improve access to the PTAB and streamline existing processes. Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed.
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Plagiarism Today
OCTOBER 22, 2024
Film company sues Tesla over Blade Runner clips, NBA teams deny social media infringement, and News Corp sues Perplexity The post 3 Count: Blade Runner 2024 appeared first on Plagiarism Today.
IP Law 360
OCTOBER 22, 2024
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
The IPKat
OCTOBER 24, 2024
The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property) on the comments the GRUR Committee for Design Law submitted on the request made by the Fővárosi Törvényszék, Hungary, for a preliminary ruling by the CJEU presenting questions for the interpretation of provisions of Council Regulation (EC) No 6/2002 of 12 Decemb
IP Watchdog
OCTOBER 22, 2024
Cox Communications is the latest to file a brief in the battle between it and Sony Music Entertainment over whether an internet service provider (ISP) should be liable for infringement by its subscribers. According to Cox’s brief in opposition to Sony’s petition for certiorari, “[p]etitioners want to make a terrible situation even worse.” Music publishers including Sony, Arista Records, Warner Music and Universal Music Group filed copyright claims against Cox in July 2018, alleging that Cox was
Traverse Legal Blog
OCTOBER 24, 2024
Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. While sometimes available to any individual , Right of Publicity is typically aimed at protecting the name or likeness of famous individuals. [scroll down for free resources that explain what the right of publicity is and how you protect yours] What is the Right of Publicity?
IP Law 360
OCTOBER 23, 2024
A Second Circuit panel appeared divided Wednesday over whether a Los Angeles man should be liable for infringing Hermès International's handbag trademarks with his "MetaBirkins" nonfungible tokens, with two judges seemingly siding with the Paris designer and one with the purported artist.
The IPKat
OCTOBER 28, 2024
The chair at the centre of the Dutch litigation on its own. Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum , C-227/23 , substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here ] , which was only issued last month. In essence, the CJEU ruled that EU Member States do not enjoy any competence to set their own reciprocity rules under the Berne Convention (in this case: Article 2(7) ), given that th
IP Watchdog
OCTOBER 24, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a district court’s finding that NextStep, Inc. failed to prove that Comcast Cable Communications infringed its patents. Judge Chen authored the majority opinion and Judge Reyna authored a partial dissent, disagreeing with the majority’s holding that one of the patents was not infringed under the doctrine of equivalents.
TorrentFreak
OCTOBER 22, 2024
Last year, the NFL asked the U.S. Government’s Patent and Trademark Office to help tackle live-streaming piracy. Together with the NBA and UFC, the football league asked the government to make DMCA takedown requests more effective. NFL argued that when it comes to live sports streaming, long delays render takedown requests practically useless, as most of the value of live sports content lies in its real-time nature.
Plagiarism Today
OCTOBER 28, 2024
Thousands of open-access studies feature images that may have copyright restrictions. Here's how that happened. The post Why Thousands of Studies May Be in Copyright Limbo appeared first on Plagiarism Today.
IP Law 360
OCTOBER 25, 2024
Healthcare tech company Masimo Corp. beat all but three of 16 Apple Inc. Apple Watch patent claims Friday at the close of a five-day jury trial that put more prestige and bragging rights than cash on the line.
JD Supra Law
OCTOBER 28, 2024
Last week, a California jury found Phillips 66 liable for misappropriating trade secrets from Propel Fuels Inc., a low-carbon renewable fuels retailer, and awarded Propel $605 million in damages.
SpicyIP
OCTOBER 22, 2024
We’re pleased to announce that National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume IX, Issue I). The last date for submissions is January 10, 2025. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.
TorrentFreak
OCTOBER 26, 2024
Having covered hundreds of arrests and dozens of convictions for piracy-related offenses over the years, news of another person going to prison is nothing out of the ordinary. See enough of these reports and in theory the impact will start to diminish. In the media, the one-size-fits-all portrayal of those convicted can at times blur any number of cases into one.
Technology & Marketing Law Blog
OCTOBER 24, 2024
By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1. Number of claims filed: The graph shows a linear progression, meaning the number of claims filed are steady, they are NOT increasing over time.
IP Law 360
OCTOBER 24, 2024
Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.
JD Supra Law
OCTOBER 28, 2024
In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of action. Prior to the enactment of the DTSA, a large body of federal common law had developed around the remedies available to a plaintiff after a defendant allegedly misappropriated a trade secret, including the “inevitable disclosure doctrine.”.
SpicyIP
OCTOBER 23, 2024
Image from here. Nation’s Third, A New IPD at Calcutta High Court! Later but not late. In the gazette notification dated 2oth September 2024 the Intellectual Property Rights Division Rules of the High Court, Calcutta, 2023 were notified. Vide the Rules, the following two divisions were constituted in the Calcutta High Court: the Intellectual Property Rights Division (IPRD) and the Intellectual Property Rights Appellate Division (IPRAD).
TorrentFreak
OCTOBER 25, 2024
With war still raging in Ukraine, writing about the collateral damage to Russia’s cinema industry seems vanishingly unimportant. When Disney, Warner Bros., Sony Pictures, Paramount, and Universal left the Russian market, some celebrated their exit as a positive for local cinema. Opportunities for local filmmakers would appear in greater numbers than ever before, some assured, and the entire ecosystem would only thrive without unwanted Western influence.
The IPKat
OCTOBER 28, 2024
With the end of the year rapidly approaching (including this TechieKat’s favourite holiday, the Day of the Dead), IPKat brings news of the latest IP events and opportunities! Events Liability for AI-generated outputs under copyright law. The Law, Rationalism, and Complexity and the InfoSoc Working Groups of the European University Institute will host a lecture with our very own PermKat Eleonora Rosati (Stockholm University).
IP Law 360
OCTOBER 22, 2024
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
JD Supra Law
OCTOBER 28, 2024
With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more convincing. With little more effort than a few prompts of an AI program, scammers are able to quickly set up seemingly legitimate websites with text, images, and even video that can look and sound like the real thing.
SpicyIP
OCTOBER 27, 2024
Here is our recap of last week’s top IP developments including summary of the posts on the JioHotstar domain name dispute and DHC’s order on the Complan disparagement dispute. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week <JioHotstar.com>: A Clever Narrative for Cybersquatting The JioHotstar domain name dispute between Reliance and ‘A Dreamer’ is the latest talk of the to
TorrentFreak
OCTOBER 24, 2024
Manga and anime have become increasingly popular in recent years. These formats originate in Japan but are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above, which also has growing audience of many millions of fans. As with any type of media, not all consumers are paying for access.
Kluwer Copyright Blog
OCTOBER 25, 2024
Image from pixabay The German Regional Court (Landgericht) of Hamburg handed down its judgment in the LAION case on 27 September 2024 (file no. 310 O 227/23, published in German here ). The key points of the decision are as follows: The reproduction of works for the purpose of creating URL lists that can be used for artificial intelligence training does not fall under the temporary reproduction exception under Section 44a German Copyright Act (Art. 5(1) EU InfoSoc Directive 2001/29 [InfoSoc Dire
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