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25 Key Trademark Terms

Erik K Pelton

The following is an edited transcript of my video 25 Key Trademark Terms. Here are twenty-five terms that are critical to know about in the world of trademark and trademark protection and registration. Generic Arbitrary Coined Descriptive Suggestive Office action Principal register Supplemental register USPTO Function Madrid Protocol International filing World Intellectual Property Organization (WIPO) Class or classification Identification of goods and services Acquired distinctiveness Ornamenta

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Pirate Bay Doc Director Files Takedowns Against YouTube Copies

Plagiarism Today

Simon Klose, the director of the Pirate Bay documentary TPB-AFK, filed takedowns against copies on YouTube. Irony is just the first problem. The post Pirate Bay Doc Director Files Takedowns Against YouTube Copies appeared first on Plagiarism Today.

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Plagiarism in Pop Culture: The Bernie Mac Show

Plagiarism Today

The Bernie Mac Show was based heavily on the legendary comedian's life. So it's no surprise that it tackled joke theft with grace and nuance. The post Plagiarism in Pop Culture: The Bernie Mac Show appeared first on Plagiarism Today.

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Meta’s BitTorrent Uploads of ‘Pirate Library’ Data Equaled 30% of Downloads, Expert Says

TorrentFreak

Over the past two years, rightsholders of all kinds have filed lawsuits against companies that develop AI models. Most of these cases allege that AI developers used copyrighted works to train LLMs without first obtaining authorization. Meta is among a long list of companies now being sued for this allegedly-infringing activity, including a class action lawsuit filed by authors Richard Kadrey, Sarah Silverman, and Christopher Golden.

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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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Sheet Music v. Sound Waves: When Old Copyright Law Meets Modern Music

Patently-O

The copyright dispute over Ed Sheeran's song "Thinking Out Loud" has made its way to the Supreme Court's doorstep. The petition raises questions about judicial deference to administrative interpretations and the scope of copyright protection for musical compositions under the 1909 Copyright Act. In the case, the Second Circuit had sided with Sheeran -- affirming dismissal of the infringement claim based largely on a technical limitation of pre-1976 copyright law.

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Federal Circuit Confirms Deductibility of Hatch-Waxman Litigation Expenses

JD Supra Law

On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act constitute ordinary and necessary business expenses that may be deducted in the year in which they are incurred, and do not need to be capitalized over a period of years.

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Torrent Site Uploader and Member of ‘The Scene’ Sentenced to Prison in Denmark

TorrentFreak

In Denmark, law enforcement authorities and rightsholders have worked hard to shut down the thriving local torrent tracker scene over the past five years. These efforts targeted private torrent trackers including DanishBits, NordicBits, Superbits, Asgaard and ShareUniversity. More than two dozen uploaders and admins connected to these sites were convicted as a result.

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[Part II] Assessing DHC’s Finding on Piercing the Corporate Veil and Damages in the Amazon Case

SpicyIP

Image from here [ This post is authored by Khushi Jain and Vishno Sudheendra. Khushi is a third-year B.A., LL.B (Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Vishno is a third-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] In Part I , we examined the Delhi HCs method of imposing liability on Amazon Technologies, Inc.

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Six Essential Tips for Understanding Intellectual Property Rights Under Government Contracts

JD Supra Law

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts. Contractors navigating federal procurement must understand how IP is created, owned, and licensed under government agreements. The failure to properly manage IP rights can lead to the unintended loss of ownership, competitive disadvantages, or disputes with the government over licensing.

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Oy, my aching blog

Likelihood of Confusion

Originally posted 2013-08-15 15:06:08. Republished by Blog Post PromoterI’m back. The blog was offline for the better part of this week because of technical problems — the accumulated effects of database stuff, scars from old hacks and, it seems, wounds from new ones — and, of course, the evil wishes of my many and diverse […] The post Oy, my aching blog appeared first on LIKELIHOOD OF CONFUSION.

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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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Excluding a technical feature is not inventive without evidence of a technical effect (T 1865/22)

The IPKat

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that simply excluding a technical feature disclosed as essential or advantageous in the prior art cannot in itself establish inventive step in absence of evidence showing that a c

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Anthropic Scores Preliminary Victory in AI-Copyright Clash Against Music Companies

TorrentFreak

Over the past few years, AI technology has progressed at a rapid pace. This includes large language models, which are typically trained on a broad datasets of texts; the more, the better. When AI hit the mainstream, it became apparent that rightsholders were not always pleased that their works had been used to train AI. This applies to photographers, artists, music companies, journalists, and authors, some of whom formed groups to file copyright infringement lawsuits to protect their rights.

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[Part I] Safe Harbor in Jeopardy? Why the Delhi HC’s Amazon Verdict Raises Red Flags

SpicyIP

[ This post is authored by Khushi Jain and Vishno Sudheendra. Khushi is a third-year B.A., LL.B (Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Vishno is a third-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] In a recent judgment on February 25, 2025, the Delhi High Court (DHC) in Lifestyle Equities CV & Anr. v.

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Can U.S. Trademark Registrations Be Cancelled for Genericness?

JD Supra Law

Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? Is the appropriate time period at the time of registration or subsequent to the date of registration?

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Analysing Digital Currency Bill from the US Perspective

IP and Legal Filings

The Digital Currency Bill 2021 would be the legislative attempt for India to present a wholesome framework of regulating cryptocurrencies and addressing all the complex challenges issued by digital assets. At this moment, the bill emerges in a world where governments grapple throughout the world to provide a balance in unleashing innovation in the financial technologies sector with the imperatives of financial stability and security.

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G 2/21 applied to software inventions (T 0687/22)

The IPKat

The EPO Board of Appeal decision in T 0687/22 confirms beyond doubt the relevance of G 2/21 to software inventions. The decision in T 0687/22 links the case law from G 1/19 and G 2/21 to highlight t he importance of establishing a credible technical effect of software invention. The Patentee in the case made several attempts to formulate an objective technical problem solved by the invention based on several suggested technical effects.

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UN Database WIPO ALERT Helps to Facilitate Globalized Pirate Site Blocking

TorrentFreak

In Brazil, the Ministry of Justice and Public Security were scheduled to meet with National Telecommunications Agency Anatel this week to discuss a persistent piracy problem. Known as Gatonet, these unlicensed and illegal TV networks seem to rely on their connections with organized crime. Last week, the authorities said they’d shut down one such operation linked to a powerful drug trafficker known locally as Peixo.

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PANERA Fails to Prove Fame Before Applicant's First Use Date, TTAB Dismisses Opposition to PANERALUX for Unrelated Products

The TTABlog

In an 83-page opinion, the Board dismissed this three-pronged opposition to registration of the mark PANERALUX for various goods in class 9 (e.g., database management software) and class 11 (including cooking ranges), ruling that Opposer Pumpernickel Associates, owner of the registered mark PANERA for restaurant services and food products, failed to prove its claims of likelihood of dilution (Section 43(c)), likelihood of confusion (Section 2(d)), and false suggestion of a connection (Section 2(

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[Video] Hilary Preston, Vice Chair at Vinson & Elkins, Discusses Energy Innovation: Protecting Your Intellectual Property Portfolio

JD Supra Law

As energy reshapes industries and economies, the race for innovationand the intellectual property behind ithas never been more competitive. Hilary Preston, Vice Chair at Vinson & Elkins unpacks the high-stakes intersection of breakthrough energy solutions, IP strategy, and global market leadership. Learn how forward-thinking companies are safeguarding game-changing ideas and driving the future of energy. ??

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Arcturus Therapeutics Inc v. Assistant Controller: The Courts Remind the Patent Office to Give Reasons

SpicyIP

[ The Post has been authored by SpicyIP Intern Suhani Chhaperwal. Suhani is a third-year law student at NLSIU who loves to write on IP and tech issues. Her previous posts can be accessed here. ] After a plethora of orders over the last couple of years (see below) directing the Controller to pass reasoned orders, on February 24, we saw another drop in this bucket.

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Blockchain Evidence Accepted in Copyright Case

Plagiarism Today

In France, a court ruled that blockchain-based evidence was compelling. However, it's not a breakthrough moment for blockchain in this space. The post Blockchain Evidence Accepted in Copyright Case appeared first on Plagiarism Today.

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France Mulls Instant IPTV Blocks, €750K Fines & New Piracy Crime of ‘Incitement’

TorrentFreak

Regardless of club, region or country, football fans across Europe have been warned for years about the potential for financial crisis. With rising prices for those who love the stadium experience, and a similar picture for those burdened with rising costs while juggling multiple subscriptions at home, awareness among fans is already typically high.

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Navigating Amazon, FDA, and FTC Compliance for Health-Related Books and Products: A Practical Guide

Traverse Legal Blog

Publishing health-related books or products can quickly turn into a compliance nightmare. Many authors and entrepreneurs face unexpected removals from Amazon or aggressive scrutiny from the FDA and FTC. To successfully sell your health content without interruptions, you must master the overlapping regulations enforced by these powerful entities. This guide outlines exactly what you canand can’tsay, helping you build a secure and compliant brand.

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D.C. Circuit Denies Copyright to AI Artwork - What Humans Have and Artificial Intelligence Does Not

JD Supra Law

Can a non-human machine be an author under the Copyright Act of 1976? In a March 18, 2025 precedential opinion, a D.C. Circuit panel affirmed prior determinations from the D.C. District Court and the Copyright Office that an original artwork created solely by artificial intelligence (AI) is not eligible for copyright registration, because human authorship is required for copyright protection.

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CRI Guidelines 2025 is out for Public Consultations!

SpicyIP

On 25th March 2025, the Patent Office officially released the Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025 , for public consultations. Section 3(k) has been subject to great debate and discussion in the blog. On a quick glance at the guidelines, the guidelines include discussion surrounding all aspects of patenting software (novelty, inventive step, clarity, etc).

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3 Count: AI Progression

Plagiarism Today

Judge allows case against OpenAI to move forward, French fashion designer wins case with aid from blockchain and Naver Webtoon joins ACE. The post 3 Count: AI Progression appeared first on Plagiarism Today.

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Opposing A.I. Regulation is a “Knee Jerk” Reaction; It Won’t Help Businesses or Investors

IP Close Up

Reluctance to regulate AI in a meaningful manner is a knee jerk reaction by companies and investors to evade oversight.

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How Brands Can Fight Back Against Grey Market and Counterfeit Sellers on Amazon 

Traverse Legal Blog

Our attorneys are contacted almost daily by Amazon sellers who’ve suffered some adverse consequences on marketplaces such as Amazon and Walmart. While these can be negative situations by the platforms themselves, a more serious issue occurs when third parties steal your market share and affect your revenue. Selling on Amazon has its fair share of challenges, but few are as frustrating as unauthorized sellers and counterfeit products.

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AI Agent as a Service in Medtech: Key Considerations for Commercial Contracts

JD Supra Law

Artificial intelligence (AI) is transforming the medical technology (medtech) and healthcare industries through the integration of advanced AI agents. Unlike traditional AI systems that perform discrete, predefined tasks, AI agents are semi-autonomous software systems capable of independently making decisions traditionally reserved for humans, performing complex sequences of tasks, and interacting dynamically with other systems with minimal human intervention.

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[PART I] Personality Rights in Spotlight Once More!: Analysing The DHC’s Karan Johar v.  India Pride Advisory Order

SpicyIP

[A big thanks to Praharsh for his inputs on the post.] The Bombay High Court order of 7th March 2025, making the interim injunction in favour of Karan Johar absolute, has added more fuel to the fire of the debate over personality rights protection. The personality rights debate is centred around the clash between individuals wanting to protect their likeness for commercial use and concerns that broad protections could limit creativity and restrict public access to cultural expressions.

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3 Count: Anthropic Principle

Plagiarism Today

Anthropic wins early decision in AI case, Ye sued over allegedly unlicensed sample and ASCAP askes government to not loosen copyright for AI. The post 3 Count: Anthropic Principle appeared first on Plagiarism Today.

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Copy-Paste Perfumes? The Legal Battle Over Fragrance Dupes

Intepat

INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. According to recent reports, the global fragrance industry is projected to be worth USD 53.4 billion in 2025.

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Premier League, Sky & ACE Celebrate Elusive Globe IPTV Prison Sentence

TorrentFreak

The Premier League, UK broadcaster Sky, plus global anti-piracy coalition Alliance for Creativity and Entertainment, are reporting the conclusion of a ‘landmark’ pirate IPTV case in the Middle East. According to their statement, a joint criminal complaint in Lebanon led to an unnamed defendant being found guilty of five criminal charges, including unspecified intellectual property and cybercrime-related offenses.

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A Looming En Banc Decision with Potentially Damaging Consequences – EcoFactor v. Google

JD Supra Law

For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Googles petition for rehearing en banc to address the effect of amended Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals as they relate to admissibility of damages expert testimonyparticularly when a per-unit royalty rate is derived from three allegedly comparable lump-sum.

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A Big Win for Dalit Researchers: Implications for IP

SpicyIP

Dr. Kshipra Uke and Dr. Shiv Shankar Das. Image from here. [Long Post ahead!] In Nov. 2023, the Bombay HC (Nagpur Bench) delivered a salient judgement , with significant implications for both the SC/ST Act and Intellectual Property. Rightfully, the case was highlighted for its positive outcome in providing monetary relief to the Dalit researchers for the theft of their research data.However, while the case is certainly a situation of just and deserved outcomes, the jurisprudential path the case

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