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Aldi Found Liable for Infringing Competitor’s Packaging Copyright

Plagiarism Today

Aldi has taken a rare legal loss as an Australian court ruled it infringed the copyright of three packages of flavored corn puffs. The post Aldi Found Liable for Infringing Competitor’s Packaging Copyright appeared first on Plagiarism Today.

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SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

JD Supra Law

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information from news articles used to train its large language models. While still early, the courts favorable decision for The Intercept Media, Inc. could serve as a model for other news organizations and rights holders seeking to discourage the unauthorized use of their works by.

Copyright 101
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Cloudflare Must Block ‘Piracy Shield’ Domains and IP Addresses Across its Service

TorrentFreak

Rightsholders see Italys elaborate ‘ Piracy Shield ‘ system as the future of anti-piracy efforts. The broad blocking powers it provides certainly made an impact this year but not all news was positive. Multiple reports of overblocking included mishaps where the anti-piracy system blocked access to Google Drive and other legitimate sites and services.

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Lego loses

Likelihood of Confusion

Originally posted 2014-02-26 09:43:40. Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here. They tried to use trademark rights as a way to protect the design of their toy and avoid competition. But that is not what trademarks are, much less what they are for. And now, barring a successful […] The post Lego loses appeared first on LIKELIHOOD OF CONFUSION.

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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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Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees

Erik K Pelton

The USPTO TEAS filing system will be retired on January 18, 2025, after more than 20 years! And with the new “Trademark Center” come new and increased filing fees. For much more on the new fees and new application form, see Changes to USPTO Trademark Fees: What You Need to Know The post Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees appeared first on Erik M Pelton & Associates, PLLC.

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Why So Much of Christmas is Protected by Copyright

Plagiarism Today

As old as Christmas traditions often feel, it's surprises many so few are in the public domain. However, there's a simple reason for that. The post Why So Much of Christmas is Protected by Copyright appeared first on Plagiarism Today.

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Step Right Up: The Chamber of Progress’s Ticketing Chamber of Horrors Fools Nobody

The Trichordist

The Chamber of Progress is at it again, this time with added fallaciousness and foolishness.

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Domain Seizures and German ISP Blockade Add to Libgen’s Troubles

TorrentFreak

Library Genesis ( LibGen ) is one of the oldest shadow libraries on the Internet, offering free access to millions of books and academic papers for which people would otherwise have to pay. The sites origins reportedly trace back to the Soviet Unions underground publishing culture samizdat, which was used to bypass state censorship in the last century.

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Greek court finds that similar GIs and plant variety names can lawfully coexist in Kalamata Olives decision

The IPKat

Earlier this year, the Greek Council of State ( ) had the opportunity to consider the relationship between plant variety names and geographical indications (GIs). The decision was handed down on the 2nd of April 2024 (Case No. 428/2024), but has just been translated into English and published courtesy of GRUR International. A Kat thinking about olives on pizza for no apparent reason.

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3 Count: Hello and Goodbye

Plagiarism Today

Brazil judge orders Adele song removed, Italian court orders Cloudflare to block piracy and Warner accused of infringing Charlie the Unicorn. The post 3 Count: Hello and Goodbye 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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Copycats or Common Trends? Legal Battle Between Influencers Over "Clean Girl" Aesthetic

JD Supra Law

A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her vibe, specifically her clean girl aesthetic characterized by neutral, beige, and cream color schemes, minimalist styling, and specific poses and outfits.

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Does it have an index? @LizPelly’s Must-Read Investigation in “Mood Machine” Raises Deep Questions About Spotify’s Financial Integrity

The Trichordist

Music journalist Liz Pelly’s upcoming investigative book raises serous questions about the legitimacy of Spotify’s playlists and stream counts.

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‘Destroyed’ Usenet Provider Sues Anti-Piracy Group for Millions in Damages

TorrentFreak

The legal saga of News-Service Europe ( NSE ) and anti-piracy group BREIN has taken another dramatic turn. Once a titan in the Usenet world, NSE was forced to shut down in 2011 after BREIN took legal action on behalf of the movie and music industries. In its initial verdict, the Court of Amsterdam concluded that NSE willingly facilitated online piracy through its services.

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How Fair Use Favors OpenAI in the ANI Lawsuit

IP and Legal Filings

INTRODUCTION AND CONTEMPORARY RELEVANCE Ever since ANI filed a lawsuit against OpenAI for alleged infringement of its copyright, existing discrepancies in the legal framework surrounding its permissible bounds have cropped up, and policymakers all over hope to receive much-needed clarity on the issue through the medium of this verdict. Fair Use is one of the principles being mooted in defense of OpenAI to argue that the latters Use of the formers copyrighted content fits within Fair Use threshol

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[Guest post] AI training data, copyright and the UK consultation

The IPKat

Earlier this week, the IPKat announced the release of the long-awaited UK consultation on Artificial Intelligence (AI) and copyright. Now, we are pleased to host a further commentary by Angela Daly (University of Dundee). Heres what she writes: AI training data, copyright and the UK consultation* by Angela Daly This week, the UK Government released its latest consultation on AI and copyright , with a particular focus on inputs and outputs of AI models, as covered in this breaking IPKat post.

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Increasing insider threats and the importance of AI governance

JD Supra Law

Chinas ByteDance, the parent company of TikTok, is seeking USD1.1 million in damages from a former intern accused of sabotaging its artificial intelligence (AI) large language model training infrastructure.

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A Quick Journey Through the Expanding World of AI and Copyright Litigation

Velocity of Content

Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. How AI technologies intersect with copyright was but a twinkle in most judicial systems eyes. But in the brief time that followed, generative AI systems exploded into the public consciousness, and their interaction with copyrighted works likewise dominated copyright litigation.

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Rojadirecta & Site Operator Hit With $33m Piracy Damages Judgment

TorrentFreak

Two years after its debut in 2005, Rojadirecta faced legal action in Spain for providing links to unlicensed sports streams. Rojadirecta was adamant that under existing law the site operated legally and steadfastly refused to shut down. In 2009, that position was endorsed by a district court and then upheld by a provincial court after rightsholders filed an appeal.

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The Top Legislative Developments of 2024 for Trademarks

IP Watchdog

In 2024, Americas legislators continued their effort to fight against the harmful impact of counterfeit products being sold to American consumers. Counterfeit sellers often detract from the revenue of American businesses, infringe upon U.S. trademark owners intellectual property, and threaten the safety of U.S. consumers. Americas elected officials are trying to protect their constituents, along with their businesses, via legislation intended to make it more difficult for counterfeit sellers to

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ORIGINALITY IN DATABASE: UNDERSTANDING COPYRIGHT THRESHOLDS

Intepat

In the modern digital economy, database serve as the backbone of a wide array of industries, including healthcare, e-commerce, research, and telecommunications. These industries heavily rely on database to store, manage, and analyse vast amounts of information. While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law.

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2024 Recap: Ten Lords A-Leaping!

JD Supra Law

As the worlds premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITORS NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to recap the top ten posts of 2024. Were doing this in reverse-order countdown mode because we like to pretend were astronauts.

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"PROMATCH" for Drum Sticks Identifies a Process, Fails to Function as a Trademark

The TTABlog

The steady drumbeat of failure-to-function refusals continues, with the Board affirming a refusal to register the proposed mark PROMATCH for "drum sticks and percussion instruments" on the ground that the term identifies a process or system and therefore fdoes not function as a trademark. Applicant pointed out that the PROMATCH text is bolded on its packaging, is accompanied by the symbol, and appears in a larger size font than the remainder of the text, thereby drawing the consumer's attention

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Bogus Pirate IPTV Portals Run By Law Enforcement “Entrap Hundreds”

TorrentFreak

In the post-Napster, pre-YouTube world of 2004, a peculiar TV miniseries began to circulate online. The main character in The Scene went by the nickname Drosan. He was a member of a piracy release group called CPX and soon found himself up to his neck in drama after selling leaked movies to contacts in Asia. Blurred Lines: Fiction & Fact Combine While entertained and intrigued by the storyline, the show’s target pirate audience became more suspicious with every passing episode.

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Navigating the Patent Maze: Challenges and Controversies in Emerging Technologies

IP and Legal Filings

Challenges and Controversies Ambiguities in patenting software-related innovations Technological challenges: state of prior art and non-obviousness in virtual reality Ethical and societal impacts of patenting metaverse technologies The ethical and social implications of patenting metaverse technologies include data security, privacy, interoperability, monopolistic conduct, and access and innovation.

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Patent Amendment Rules, 2024 – A Comprehensive Overview

Intepat

The Patent Amendment Rules, 2024, represent a significant overhaul of the Indian patent system, aimed at enhancing efficiency, transparency, and accessibility. These amendments, effective from March 15, 2024, introduce several key changes to streamline the patent amendment process, ensure timely decisions, and provide special provisions for small entities and startups.

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AI in Drug Discovery: 2025 Outlook

JD Supra Law

Looking forward to the 2025 prediction season, a survey of the emerging AI-powered drug discovery landscape has been making the roundsand with good reason. The survey, summarized by Stanfords Chris Bradbury, is likely the most comprehensive public review of advancements in this rapidly evolving field to date.

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IPKat Book of the Year Awards 2024

The IPKat

The IPKat is thrilled to announce the launch of the 2024 Book of the Year Awards, continuing its cherished end-of-year tradition! Now in its seventh edition, the award allows the Kat community to choose their favourite books in the following six categories: Patents Copyright (including related rights and performers rights) Trade Marks (including Geographical Indications) Designs Best Foreign Language (Non English) Intellectual Property Book Intellectual Property (any book that covers more than o

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Sky’s Enhanced High Court Pirate IPTV Blocking Order Closes Loopholes

TorrentFreak

As a TV broadcaster, Sky has an exceptional view of the legal subscription TV market and how the illegal IPTV market encroaches on that. As an ISP that supplies 20% of the market, Sky’s view of its own customers using Sky Broadband to pirate Sky’s pay TV content is a persistent irritant that comes with the territory. Sky’s involvement in ISP blocking orders has traditionally meant complying with injunctions obtained by groups including the MPA and RIAA.

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Copyright on the Calendar: Top Cases of 2024 and What to Watch in 2025

IP Watchdog

Copyright law provided an arena for some of the most interesting legal battles in 2024. We review some highlights from 2024 below, as well as some cases to watch in 2025.

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Federal Circuit Affirms $95 Million Verdict in E-Cigarette Patent Battle Between Altria and Reynolds

Patently-O

by Dennis Crouch The Federal Circuit's December 19, 2024 decision in Altria (Philip Morris) v. R.J. Reynolds offers important guidance on patent damages methodology while potentially previewing issues soon to be addressed en banc in EcoFactor v. Google. The case centered on Reynolds' VUSE Alto e-cigarette product and its infringement of three Altria patents.

Patent 52
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Drug Delivery Device Patents Removed from Orange Book

JD Supra Law

The listing of patents in the Orange Book has an important role in intellectual property protection for pharmaceuticals. Patents listed in the Orange Book can include, without question, patents covering compositions or methods of use for pharmaceuticals. But for years, questions have been raised as to whether drug delivery devices or drug/device combinations can be listed.

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Never Too Late: If you missed the IPKat last week!

The IPKat

If you have started the holiday season (hopefully while enjoying the snow) and missed out on the latest updates from The IPKat, here is a quick summary of last week! Image by Riana Harvey Vote for Your Favourite IP Books! Anastasiia Kyrylenko announced the launch of our end-of-year tradition: The 2024 Book of the Year Awards! Do not forget to check the rules and vote for your favourite IP books!

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EU countries call for legislation on international application of EU copyright law

Kluwer Copyright Blog

Image by Dimitris Vetsikas from Pixabay Ministers from six European countries (Belgium, Denmark, Finland, France, The Netherlands and Sweden) have written a joint letter to the European Commission regarding the need for a legislative proposal on rules and boundaries of international application of EU law on copyright and neighbouring rights. The English version of the letter is available here.

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Delhi High Court Judges Included in ‘Most Influential People in IP’ List: Revisiting their Judgments from a Critical Eye

SpicyIP

Image from here It is not every day that members of the Indian legal fraternity are celebrated at global fora for their contributions to international IP jurisprudence. In a momentous announcement on December 10, Managing IP, a British media platform, included Justices Amit Bansal and Jyoti Singh of the Delhi Court in its list of 50 most influential people in IP 2024.

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EU and NL Domain Registries Take Down Piracy-Linked Domains

TorrentFreak

There are plenty of options for copyright holders to frustrate pirate site operations, but attacking their domain names is particularly effective. In recent years, various entertainment industry groups have called on the domain name industry to help out on this front. The MPA previously signed landmark agreements with registries , enabling the movie industry group to act as a trusted notifier of pirate domains.