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Tricks of the Trademark – That’s a Wrap (final episode)

Erik K Pelton

Our final (for now!) podcast and some reflections from Erik in this special episode. The post Tricks of the Trademark – That’s a Wrap (final episode) appeared first on Erik M Pelton & Associates, PLLC. Our final (for now!) podcast and some reflections from Erik in this special episode.

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3 Count: Moana Lawsuit

Plagiarism Today

Moana 2 sparks lawsuit against Disney, Travis Scott sued over Telekinesis and Meta trained its AI systems on pirated books. The post 3 Count: Moana Lawsuit appeared first on Plagiarism Today.

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Plagiarism in Pop Culture: Assassins Creed: Origins

Plagiarism Today

Though plagiarism isn't a common plot point for video games, Assassin's Creed: Origins has a plagiarism-related quest. Here's how it holds up. The post Plagiarism in Pop Culture: Assassins Creed: Origins appeared first on Plagiarism Today.

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U.S. Trade Representative Lists the Most Notorious Piracy Threats

TorrentFreak

The United States Trade Representative ( USTR ) published its annual Out-of-Cycle Review of Notorious Markets a few hours ago. The non-exhaustive list includes dozens of sites and services linked to piracy or counterfeiting activity. The report is largely based on input from copyright industry groups, including the RIAA and MPA. Platforms detailed in recommendations filed late last year, are meant to serve as ‘prominent and illustrative examples’ without the USTR drawing any legal co

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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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Protecting Innovation in an AI-Powered Age: Patents

JD Supra Law

With the advent of generative artificial intelligence (or GenAI), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological innovation, but their use can affect whether the resulting innovations are protectable.

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New USPTO Fee Rule for Continuing Applications: Key Changes and Strategic Considerations for Applicants

IP Watchdog

On November 20, 2024, the U.S. Patent and Trademark Office (USPTO) published a final rule introducing a significant new fee structure for continuing patent applications. This rule, set to take effect on January 19, 2025, establishes additional fees for any continuing application filed at least six years after its earliest benefit date (EBD). The final rule identifies EBD as the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and ?

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IP Forecast: OpenAI, Microsoft Look To Toss NYT Case

IP Law 360

OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use.Here's a spotlight on where that case stands plus all the other major intellectual property matters on deck in the coming week.

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EFF Sides with Cox to Protect Piracy-Accused Internet Users from ‘Copyright Trolls’

TorrentFreak

In the early 2000s, the music industry took a stand against online piracy by going after tens of thousands of alleged pirates through U.S. courts. The RIAA tracked down IP addresses of suspected music pirates and requested corresponding DMCA subpoenas, hoping to link these addresses to subscribers’ contact details. This initially worked well. However, as the practice became more common ISPs began to object.

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A Decade of FTC v. Actavis: The Reverse Payment Framework is Older, but Are Courts Wiser in Applying It

JD Supra Law

In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of so-called reverse paymentspatent litigation settlement payments from brand pharmaceutical manufacturers to generic companies challenging the brands patentmight "sometimes" violate the antitrust laws.

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INTA Urges EUIPO Grand Board to Confirm Human Face Marks are Not Excluded from Trademark Registration

IP Watchdog

The International Trademark Association (INTA) announced today that it has filed an amicus brief in a referral to the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) that asks for clarification on registering human faces as trademarks. INTA urged the Grand Board to confirm that signs consisting of photorealistic facial images of people, including famous ones, are not per se excluded from trademark protection.

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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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South Korean First Lady Accused of Plagiarizing Thesis

Plagiarism Today

The First Lady of South Korea is facing allegations of plagiarism in her thesis. This news comes at a very bad time for her and her husband. The post South Korean First Lady Accused of Plagiarizing Thesis appeared first on Plagiarism Today.

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Netflix Nixes Another Broadcom Patent Claim Under Alice

IP Law 360

A California federal judge on Wednesday granted Netflix a partial win in a patent infringement suit Broadcom lodged against the streaming giant, finding a claim for one remaining patent in the dispute invalid for being directed to a "familiar concept rooted in history" and lacking any inventive concept.

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Nhentai Asks California Court to Dismiss Piracy Lawsuit

TorrentFreak

Manga and anime have become increasingly popular in recent years. These formats originate in Japan but are now in demandworldwide. Similar popularity also extends to the adult counterpart known as “hentai,” which has millions of avid fans. Like other forms of media, not everyone accessing hentai content chooses to pay for it. Instead, many people opt for free websites like nHentai.net, which averaged close to 80 million visits in recent months.

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Over the rainbow and beyond the pale?

Likelihood of Confusion

Originally posted 2011-12-05 10:40:49. Republished by Blog Post PromoterSomehowdespite that I always have one eye open for decisions involving copyright in fictional characters, because almost always I disagree with the ruling and I enjoy then getting to rail about itI didnt learn about a new case extending the abstract protection extended to fictional characters,the July […] The post Over the rainbow and beyond the pale?

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The Rising Threat of German Patent Litigation: Are You Ready?

JD Supra Law

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs), and with the ready availability of injunctive relief in Germany and the recent advent of the Unified Patent Court (UPC) creating competition among European courts for cases, the danger of German patent lawsuits cannot be ignored.

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USPTO awkwardly forgets to follow the rules on trademarks for grass varieties. but naming conflict still resolves amicably

The IPKat

A story came to this Kat's attention at the end of last year , which highlights that developing a good trademark strategy sometimes requires good awareness of plant variety names. The story also shows that examiners mustn't forget about the requirement to consult the plant variety register for conflicting denominations when a trademark specification includes plants.

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Bridging Borders: How Customs Laws Shape Trademark Protection in India

IP and Legal Filings

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands. As against this, customs law governs the entry and exit of goods in and out of the country under the Customs Act, 1962.

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The dubious utilitarian argument for granting copyright in AI-generated works

Kluwer Copyright Blog

In a recent chapter, Ryan Abbott and Elizabeth Rothman present the utilitarian argument for granting copyright in AI-generated works (hereafter AIGW). Aspects of their argument also find expression in the recently launched UK Intellectual Property Office (UKIPO) consultation on AI. In response, this post outlines my scepticism. The utilitarian arguments supporting copyright in AIGW are empirically speculative and theoretically dubious.

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A Look Ahead: Key Intellectual Property Legal Developments in 2024 - and What to Expect in 2025

JD Supra Law

From potential legal challenges to Chinese biopharma supply chains, Europes new Unified Patent Court (UPC), landmark decisions in life sciences, pharmas Orange Book listings, design patent rejections, and likely shifts at the USPTO, 2024 provided plenty of important and often global changes and clarifications in intellectual property law. By: Wolf, Greenfield & Sacks, P.C.

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3 Count: Shattered Reputation

Plagiarism Today

UK court sentences fire stick pirate to two years prison, Belgian artist wins big in China and Sci-Hub continues to host retracted papers. The post 3 Count: Shattered Reputation appeared first on Plagiarism Today.

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EPO Referral (G2/24) on third-party interveners acquiring appellant status - a chance to depart from G 3/04?

The IPKat

Warming paws over the fires of more EPO referrals As the freezing air continues to set in across Europe, KatFriend, Ian Jones at GJE is back to warm our paws on an important EPO referral concerning third-party interveners. Over to Ian : "In European Patent Office (EPO) opposition proceedings, a company accused of patent infringement has the right to intervene.

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The PTAB’s 70% All-Claims Invalidation Rate Continues to Be a Source of Concern

IP Watchdog

The invalidation rate of patents in America Invents Act (AIA) proceedings, particularly inter partes reviews (IPRs), has been extremely high since the inception of the Patent Trial and Appeal Board (PTAB). Currently, a patent reaching a final written decision in an IPR will on average have 78% of its claims found invalid. Perhaps more surprising, when there is a final written decision, 70% of the time all challenged claims in the patent are found invalid.

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Enforcing Criminal Remedies Against IP Infringement in India: A Long Road to Justice?

SpicyIP

In a recent order, a Mumbai Magistrate Court acquitted the accused in a copyright infringement case after 37 years! Discussing this and other similar instances, SpicyIP Intern Aditi Agrawal writes on the state of affairs in enforcing criminal remedies against copyright infringement allegations. Aditi is a final-year B.A., LL.B (IPR Hons.) student at The ICFAI University, Dehradun.

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2025 BakerHostetler IP Perspectives

JD Supra Law

To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize their industries, AI is pervasive and so are its pitfalls. Indemnification provisions and enforcement are expected to shift significantly as organizations adapt to related legal changes for creators, manufacturers, distributors and users.

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YouTuber Has Song Stolen, Her Original Copyright Claimed

Plagiarism Today

A Youtuber famous for her folk metal covers of famous songs had one of her tracks stolen and her original work copyright claimed. The post YouTuber Has Song Stolen, Her Original Copyright Claimed appeared first on Plagiarism Today.

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Thursday Thingies

The IPKat

Also looking for an "opportunity". A new year has just begun and, as expected, new IP adventures and opportunities are on the horizon as well! Take a look below and, as always, do not forget to check our Events page on a regular basis. Katcall The IPKat is seeking to "recruit" new GuestKats and InternKats. If that sounds like your (Kat)calling, do not forget to apply by 20 January 2025.

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Court Denies Preliminary Injunction Against Minnesota’s Anti-“Deepfakes” Law–Kohls v. Ellison

Technology & Marketing Law Blog

“Minnesota Statutes section 609.771 prohibits, under certain circumstances, the dissemination of ‘deepfakes’ with the intent to injure a political candidate or influence the result of an election.” The plaintiffs brought a pre-enforcement challenge to the law, but the court denies a preliminary injunction. What is a “Deepfake”?

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‘Strike 3’ Filed a Record Number of Piracy Lawsuits in 2024

TorrentFreak

The ease with which IP addresses and BitTorrent downloads can be tracked has created a fertile ground for copyright lawsuits. This inherent transparency has fueled thousands of lawsuits against alleged video pirates, both in the U.S. and around the world. In the United States, Strike 3 Holdings has emerged as a key player in this legal landscape. The company, known for adult entertainment videos published under the ‘Milfy’, Tushy, and Vixen brands, pursues legal action against those

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Life Sciences Year in Review and What's Ahead

JD Supra Law

2024 was eventful in the life sciences space and key trends are expected to continue in the new year.

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3 Count: Vimeo Victory

Plagiarism Today

Vimeo wins appeal in the Second Circuit, UK plans to make copyright more AI-friendly and the Supreme Court declines attorneys' fee case. The post 3 Count: Vimeo Victory appeared first on Plagiarism Today.

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AI Lawsuit Developments in 2024: A Year in Review

Copyright Alliance

The proliferation of generative artificial intelligence (GAI) models over the past few years has given rise to well over thirty copyright infringement lawsuits by copyright owners against GAI developers. While […] The post AI Lawsuit Developments in 2024: A Year in Review appeared first on Copyright Alliance.

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Common Law Trademarks: Protect Your Brand Without Registration

Corsearch

Building a brand is no small task. But once youve invested time and effort into your unique name, logo, or slogan, protecting it is essential. While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees.

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USPTO Presents AI Strategy as AI Patent Applications Soar by 33%

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today released an official Artificial Intelligence Strategy aimed at outlining the challenges faced by the Office both internally and externally, as the reach of AI impacts all aspects of innovation and society. According to the report, AI-related patent applications are up 33% since 2018 and appeared in 60% of all technology subclasses in 2023.

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Trade Secrets/Non-Compete 2024 Year in Review

JD Supra Law

Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings and results, as well as some moderate statutory changes.

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Copyright Claims Board Tackles Joint Authorship

Plagiarism Today

The Copyright Claims Board has issued another final dertermination. This one looks at issues of joint authorship and joint ownership. The post Copyright Claims Board Tackles Joint Authorship appeared first on Plagiarism Today.

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