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Without assurances that hosts, domain registries, registrars, DNS providers, and consumer ISPs would not be immediately held liable for internet users’ activities, investing in the growth of the early internet may have proven less attractive. Of course, not being held immediately liable is a far cry from not being held liable at all. After years of relatively plain sailing, multiple ISPs in the United States are currently embroiled in multi-multi million dollar lawsuits for not policing in
The purpose of cultivating works of authorship is to shed light on human experience, and the foundational purpose of the fair use doctrine in copyright law is to shed light on works of authorship. From its 18th century, English roots to the U.S. Supreme Courts 2023 decision in AWF v. Goldsmith, the primary rationale for […] The post Shedding Light: Briefs Filed in Kadrey v.
Last week, Advocate-General Campos Snchez-Bordona delivered his opinion in Case C341/24 Duca di Salaparuta. As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. The AG took the view that more recent provisions which protect trade marks with a reputation did not apply retroactively to geographical indications that were registered under the earlier EU regulations.
Patent holders must start Unified Patent Court (UPC) proceedings on the merits within a certain period if they do not want to risk the revocation of provisional measures. The UPC has now clarified that filing the statement of claim in the case management system (CMS) is sufficient to meet this deadline. Court fees do not have to have been received by the court provided that the payment has been initiated.
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?
Rachel Hardeman is an influential academic at the University of Minnesota. However, three of her colleagues are accusing her of plagiarism. The post The Frustrating Case of Rachel Hardeman appeared first on Plagiarism Today.
With an estimated 240 million visits during the first three months of the year, Nhentai is one of the most trafficked websites online today. The site serves adult-oriented anime and manga, also known as hentai. These spicy Japanese comics are popular worldwide but not everyone is happy with Nhentai or its massive audience. Some rightsholders consider the site a deviant pirate operation.
The U.S. Patent and Trademark Office (USPTO) on Wednesday announced a new working group dedicated to broadening the Offices efforts to mitigate common threats to the U.S. patent system. The group has been dubbed the Patent Fraud Detection and Mitigation Working Group and it represents the agencys continued commitment to limit improper activity in patent applications and reexamination proceedings at USPTO and reduce patent application pendency, according to todays press release.
The U.S. Patent and Trademark Office (USPTO) on Wednesday announced a new working group dedicated to broadening the Offices efforts to mitigate common threats to the U.S. patent system. The group has been dubbed the Patent Fraud Detection and Mitigation Working Group and it represents the agencys continued commitment to limit improper activity in patent applications and reexamination proceedings at USPTO and reduce patent application pendency, according to todays press release.
I have not added a copyright post here since March 19, when the DC Circuit Court of Appeals affirmed in Thaler v. Perlmutter that works produced autonomously by generative AI (GAI) are not protected under U.S. copyright law. Although it is good to see the human authorship doctrine in copyright left undisturbed, it is a […] The post Copyright and AI in a World of Whiplash Public Policy appeared first on The Illusion of More.
The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on clearly recognizable Ultraman images, thereby failing to implement necessary preventive measures. The judgment was appealed and the Hangzhou Intermediate People's Court recently upheld the first instance verdict.
Last week, Wikimedia reported that AI bots saturated their available bandwidth. Here's why the bad bots are getting so much worse. The post The Battle Against the Bots appeared first on Plagiarism Today.
In the wake of a global pandemic, an ongoing war in Europe, and a new U.S. president taking the world on a surprise mystery tour to somewhere, Season 7 of Black Mirror faces the show’s toughest test following its Netflix debut on Thursday. Ensuring each episode has a provocative, meaningful impact is getting harder in a world where the highly improbable seems to happen much more frequently.
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.
A European Patent Office (EPO) opposition is often the first line of defense for a party seeking to invalidate a European patent. Oppositions must be filed within nine months of the patents grant, and they offer a centralized way to revoke or limit the patent in all designated states. With the Unified Patent Ccourt (UPC) now providing a parallel central revocation mechanism (with no deadline) for UPC member states, it was inevitable that some patents would face both an EPO opposition and a UPC r
The good and the great from the trade mark world, at least insofar as it includes people who were in London on 3 April, descended on the offices of Simmons & Simmons for this years excellent Retromark, in association with the IPKat. Formed of two panel sessions and a keynote from Prof. Johanna Gibson (Queen Mary), it was a lively and informative update.
In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict limitations of appellate jurisdiction and the need for a district court decision finally disposing of a case. A close look into this case reveals the importance of strategizing every step of a trial and settlement to maximize appeals options.
A lawsuit filed by the widow of Michael Crichton alleges that The Pitt is a rip-off of ER. But how true is that and why isn't this a copyright case? The post Is The Pitt a Copyright Infringement of ER? appeared first on Plagiarism Today.
Having listened to LaLiga chief Javier Tebas speak about piracy for almost an hour at a conference recently , several things become apparent. Whether one agrees or disagrees with his stance on how to tackle piracy, in particular the blocking controversy that has dogged Spain since early February, at a time of crisis this would be the man to have fighting your corner.
DECODING PRIOR ART IN BIOTECHNOLOGY: CHALLENGES AND STRATEGIES Biotechnology is one of the High-Tech industry with innovation and progress in the field of genomics, molecular biology and pharmaceuticals which redefine and provide new perspectives to the healthcare and agriculture. However, in this fast paced technologically dominated world, it becomes very important to become as a pioneer in order to secure an intellectual property rights without any issues.
Here is a quick recap of what you might have missed! Copyright Former PermaKat Nicola Searle (Goldsmiths, University of London) compared the current copyright debates to those of the 2010s, as well as the substitutability of copyright works. Katfriend Angela Chung (Berkeley Law) analyzed the controversies of the recent Studio Ghibli AI craze in the light of US law and grey areas for artistic protection through the moral rights granted by VARA.
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytessmall servings of technical contract insights expertly prepared by our seasoned attorneys. This month's article focuses on the current international landscape for technology agreements.
Appeals court grants Jeopary and Wheel of Fortune injunction, Irish authors seek to battle Meta and the MPA and ACE target pirate sites. The post 3 Count: Wheel of Jeopardy appeared first on Plagiarism Today.
Image generated via ChatGPT [ The post is authored by SpicyIP intern Advika Singh Malik. Advika is a third-year law student at Symbiosis Law School, Noida. She is interested in pursuing IP and tech litigation. ] The Controller General of Patents, Designs and Trade Marks (CGPDTM) has released a public notice on April 9, inviting applications to update the roll of Scientific Advisors, maintained as per Rule 103 of the Patents Rules, 2003.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday dismissed an appeal brought by a private citizen against the New Orleans Louisiana Saints, LLC football team due to lack of standing. In 2023, Michael Messier filed a petition to cancel the Saints service mark, a stylized fleur-de-lis symbol for use in connection with entertainment services in the form of professional football games and exhibitions first issued in 1974.
Evansville, Indiana – A legal dispute has emerged over a local fundraising event called “Woof Fest.” Allison Bush, an event organizer who has been planning and promoting fundraising events since 2019, claims her intellectual property has been used without permission by P.A.A.W.S., Inc. a local animal rescue groupand its treasurer, Julie Frazier.
Increases in Counterfeit Beauty and Personal Care Products - The rise of e-commerce has led to increasing sales of counterfeit or noncompliant beauty and personal care products, including many that are knockoffs of established brands. U.S. Customs and Border Protection (CBP) estimates that in FY 2023, 31% of intercepted counterfeit goods were beauty and personal care products.
Owners of animated adult content site ordered to unmask, Shein sued by South Korean company and Sony sues Indian retailer. The post 3 Count: Unmasking appeared first on Plagiarism Today.
“Identifying the latest intellectual property challenges and opportunities” will be the focus of a panel of leading experts in San Francisco on April 24th.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential, per curiam order on Thursday denying a mandamus petition brought by SAP America Inc. and SAP SE that sought to compel the district court to transfer its case from the Marshall division of the Eastern District of Texas to Sherman. However, the order spent a considerable amount of time detailing the district courts errors.
The parties’ names make this case sound more like a Hollywood blockbuster movie than a SAD Scheme-like case. This suit isn’t a classic SAD Scheme case because the plaintiffs went after the marketplace, not the merchants. This case involves the Pandabuy service , an online shopping platform that allows consumers to purchase goods from third-party Chinese e-commerce platforms based in China which do not ship directly to the United States.
The USPTO has launched a sweeping recalibration of its post-grant proceedings at the PTAB, signaling a decisive pivot back toward discretionary denials of patent challenges. With the rescission of prior procedural guidance, a heightened risk of Fintiv-based denials, the rollout of a new bifurcation process for institution review, and looming staff reductions, Acting Director Coke Morgan Stewart is steering the PTAB away from late-stage patent attacks and toward a system that favors earlier.
The Copyright Claims Board has issued another final determination. This time, it ruled on a case between a Florida band and a former member. The post The Battle Over Band Artwork appeared first on Plagiarism Today.
Michel J. Messier of Rutland, Vermont, petitioned to cancel a registration for the mark shown below, owned by the New Orleans Saints football team, for "entertainment services in the form of professional football games and exhibitions." Mr. Messier alleged that he is a "direct descendant of the Kings of France (Scotland, Aragon, and Castille) and that he and his family own intellectual property rights to the Fleur de Lys, Orleans and Saints marks.
Yesterday, the U.S. Chamber of Commerces Global Innovation Policy Center published the 2025 International IP Index, the Chambers annual assessment of legal frameworks for intellectual property (IP) protections in countries across the globe. While this years IP Index marked little movement among the top nations for IP legal frameworks, leaving the United States as the top nation overall for yet another year, stronger IP protections in Middle Eastern countries and efforts to weaken IP protections
The practice and business of medicine both change on a daily basis. There are always new research breakthroughs or new compliance requirements. In hospitals, everyone appreciates the urgent need to share information quickly and efficiently. Unfortunately, fast-paced information sharing is not always consistent with federal copyright laws. Compliance is not as simple as writing a policy or reaching an agreement with a single publisher.
Given the continued challenges in policing the burgeoning ENDS marketplace, as previously discussed in Part I of this article, in mid-2024 FDA and DOJ announced the establishment of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes. Specifically, the task force includes members from the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S.
AAP files amicus brief in Meta AI case, music publishers push for fewer PRO regulations and Lynthia Edwards lawsuit ends in settlement. The post 3 Count: Amicus Brief appeared first on Plagiarism Today.
Reading Time: 2 minutes In the complex universe of civil litigation, the stakes are often very high, the narratives are captivating, and the results are profoundly influential. But instead of learning why through textbook explanations, you’re treated to the frank and lively discussions of two experienced lawyers. Civil Banter , hosted by Hamish Mills-McEwan and Stanford Cummings of Nelligan Law, offers a rich exploration of legal landscapes balanced with authentic life stories.
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