Tue.Jul 30, 2024

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How Pirates are Profiting from YouTube

Plagiarism Today

Recently, a slew of pirated films have been appearing on YouTube. The reason is simple: Money. Here's how the pirates are profiting. The post How Pirates are Profiting from YouTube appeared first on Plagiarism Today.

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25 Examples of Great Small Business Brands

Erik K Pelton

Great brands are everywhere – you just have to look! The post 25 Examples of Great Small Business Brands appeared first on Erik M Pelton & Associates, PLLC. Great brands are everywhere – you just have to look!

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3 Count: Skibidi DMCA

Plagiarism Today

Skibidi Toilet creator files DMCA over Garry's Mod, Indian police arrest film camming suspect and 6ix9ine loses default judgment. The post 3 Count: Skibidi DMCA appeared first on Plagiarism Today.

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Searching for Conflicts: the Most Important Step for a New Trademark

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 5: Searching for Conflicts. After brainstorming name ideas and developing a solid list of possibilities, the second major step on the way to trademark protection is to do some preliminary searching to see if there are any obvious conflicts in use that could present an infringement or a registration issue.

Trademark 130
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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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Coons/Cotton RESTORE Patent Rights Act Would Abrogate eBay

IP Watchdog

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) today introduced a bill to restore the presumption of injunctive relief to patent owners facing infringement. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 would essentially abrogate eBay v. MercExchange, a case that many patent owners argue has played a key role in weakening the value of patents in the decades since the ruling.

Patent 140
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Nhentai ‘Pirate’ Site Wants Court to Quash ‘Improper’ Cloudflare DMCA Subpoena

TorrentFreak

Internet infrastructure service Cloudflare serves millions of customers around the globe, providing various connectivity and security features. When it comes to DMCA takedown requests, the company has always drawn a clear line; when it doesn’t store any content for a customer, it will simply forward DMCA takedown requests to the customer’s hosting company.

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Google Can Terminate Account Based on CSAM Allegations–Baker v. Google

Technology & Marketing Law Blog

The scenario: Google thought that a user uploaded CSAM and terminated her account. The user disagreed, appealed, and got nowhere. The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. “Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” Fraud. “Plaintiff offers nothing to support the elements of fraud.” Constitutional Violations. “Defendant Google is a private

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[Book Review] The EU Geo-blocking Regulation: A Commentary

The IPKat

This is a review of “ The EU Geo-Blocking Regulation: A Commentary ” by Marketa Trimble ( William S. Boyd School of Law ). According to the author, this commentary of the Geo-blocking Regulation is intended to aid lawyers, academics, judges, legislators, and technical experts alike in interpreting and applying the Regulation. From the very outset, this Kat was captivated by the book's exceptional writing and rational structure, which together create a highly engaging read, The book spans 14 chap

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Community Partner Spotlight: Maryland Volunteer Lawyers for the Arts (MdVLA)

Copyright Alliance

Today, we turn the spotlight over to one of our community and VLA partners, Maryland Volunteer Lawyers for the Arts. After you read their spotlight blog, be sure to follow them on Facebook, X, and Instagram. What is the […] The post Community Partner Spotlight: Maryland Volunteer Lawyers for the Arts (MdVLA) appeared first on Copyright Alliance.

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When is the inventor of an AI model also an inventor of the model's output? A closer look at the USPTO Guidance for AI-Assisted Inventions

The IPKat

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity". How then are AI-generated inventions to be protected?

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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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Legal Lens on the Unified Patent Court | July 2024

JD Supra Law

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter is designed to keep patent holders and legal departments well-informed. And with an on-the-ground team in Germany, France, the United Kingdom and the United States, we offer a unique cross-border perspective.

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Hytera Radio Redesign 'Infected' With Stolen IP, Motorola Says

IP Law 360

Hytera Communications should be held in contempt for shirking royalty obligations on its latest line of digital mobile radio products because evidence shows the company's entire redesign process was "infected" with stolen trade secrets, Motorola Solutions argued Monday.

IP 75
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M&A Transactions: Diligencing AI Issues with Target Companies

JD Supra Law

Is your M&A target a company that develops or uses artificial intelligence (“AI”) tools? AI, and generative AI technologies specifically, are powerful business tools but present novel legal issues in the context of M&A transactions. It is increasingly important to identify and understand the unique legal risks associated with the use of AI technologies, tailor your diligence to investigate them and include AI-specific reps and warranties in your deal documents.

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BREAKING: Va. Appeals Court Tosses Historic $2B Trade Secrets Win

IP Law 360

The Court of Appeals of Virginia on Tuesday reversed Appian Corp.'s $2 billion trade secrets judgment against competitor Pegasystems Inc., saying the trial court made a series of errors that led to the biggest jury award in state history and that a new trial is warranted.

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The Pitch - July 2024

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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TTABlog Test: Which of These Section 2(d) Refusals Was/Were Reversed?

The TTABlog

So far this year, the rate of TTAB affirmance of Section 2(d) refusals is running at about 94%. However, at least one of these recent Section 2(d) refusals summarized below was reversed. How do you think these appeals came out? [Answers in first comment.] In re Paragon 28, Inc. , Serial Nos. 88283057 & 88283073 (July 25, 2024) [not precedential] (Opinion by Judge Robert Lavache) [Section 2(d) refusal of the marks SILVERBACK , in standard character and design forms, for "Surgical implants, na

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The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part Two)

JD Supra Law

The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created with the help of technological tools—including AI technology—may be copyrightable and eligible for registration, provided that a “human had creative control over the work’s expression.”.

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Around the world with our IP Attaché network

Intellectual Property Office Blog

Recently we have introduced you to the different members of the IPO’s Intellectual Property Attaché Network. These IP experts help UK businesses to trade in international markets. Our team also works with other governments and international organisations to support UK objectives overseas.

IP 59
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USPTO Roundtable: AI and Right of Publicity

JD Supra Law

The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice, likeness (NIL), and other indicators of identity. These rights of publicity are currently protected by a patchwork of inconsistent laws and common law rights in dozens of states.

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Eponymous Brand Names – Use at Your Own Risk (or Reward)

IP Watchdog

The conventional wisdom given to burgeoning designers is never to name your brand after yourself. Yet designers rarely heed that advice, hoping to capitalize on the cache associated with their names when they are first starting out, and then selling the exclusive rights to use their names to larger companies, especially those with a portfolio of other brands under their belts.

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The Moving Target of “Complete Design Units” in Chinese Law

JD Supra Law

As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese National Intellectual Property Administration (CNIPA) has still not yet released formal guidelines or recommendations detailing partial claiming that is and is not acceptable after partial claiming in Chinese design patents became permitted on June 1, 2021.

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Guess, Macy's Settle IP Suit Over Artists' Graffiti Work

IP Law 360

Guess Inc. and Macy's have settled a copyright action lodged by three prominent graffiti artists who accused the companies of exploiting their names and donning their work across T-shirts without permission, the parties told a California federal judge Tuesday.

IP 52
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California’s Shift to Kaplan for Bar Exam Questions Sparks Copyright Debate

JD Supra Law

Facing potential insolvency by 2026, the State Bar of California is exploring various cost-saving measures, including remote administration and the use of small vendor-owned test centers for its exams. As part of this process, the Bar issued a Request for Information back in January 2024 to find a vendor capable of developing multiple-choice questions equivalent to the current Multistate Bar Examination (MBE)—with Kaplan North America, LLC (Kaplan) being proposed as a potential new vendor for.

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Ameriprise Says LPL Uses Recruits To Harvest Rivals' Secrets

IP Law 360

LPL Financial should be barred from using any trade secrets and confidential client information it has harvested from Ameriprise Financial through the recruitment of its competitors' financial advisers, Ameriprise told a California federal judge Tuesday in alleging LPL has violated legal, regulatory and industry rules.

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U.S. Senate Unanimously Passes Bill Limiting Number of Patents Asserted Against Biosimilar Applicants

JD Supra Law

The Situation: Senate Bill 150 ("S.B. 150")—the Affordable Prescriptions for Patients Act of 2023—unanimously passed the Senate and would amend 35 U.S.C. § 272(e) to limit, under certain circumstances, the number of patents that a sponsor of an originator biological product, or RPS, may assert in an infringement action against a biosimilar applicant.

Patent 66
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Fla. Court Won't Nix Award In Israeli Sunglasses Fight

IP Law 360

A Florida federal judge declined Monday to vacate an arbitral award issued to sunglasses maker Verso Israel LLC in a $3 million dispute with an Israeli pop star accused of undercutting a deal to promote the brand, ruling that the pop star's motion was filed far too late.

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Salix Pharms., Ltd. v. Norwich Pharms. Inc. - Xifaxan® (Rifaximin)

JD Supra Law

Case Name: Salix Pharms., Ltd. v. Norwich Pharms. Inc., No. 2022-2153, 2023-1952, 2024 WL 1561195 (Fed. Cir. Apr. 11, 2024) (Circuit Judges Lourie, Chen, and Cunningham presiding; Opinion by Lourie, J.; Dissenting-in-part Opinion by Cunningham, J.) (Appeal from D. Del., Andrews. J.).

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Amazon Hits Nokia With Cloud-Computing Infringement Suit

IP Law 360

Amazon sued Nokia in Delaware federal court Tuesday alleging the Finnish tech company infringed a dozen of its patents in an effort to make a late entry into the cloud-computing technology field by "leveraging Amazon's innovative solutions" that were developed over decades.

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Royalty Roulette: When Contract Amendments Disconnect the Patent from the Payment

JD Supra Law

Zimmer Biomet Holdings, Inc. v. Insall, 2024 WL 3381286 (7th Cir. July 12, 2024) - The 7th Circuit recently upheld an arbitration award and found that royalties may be collected after the expiration of the related patent(s) if those royalties were not directly tied to the related patents.

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Vidal Uses Her Arthrex Powers To Address A Typo

IP Law 360

The head of the U.S. Patent and Trademark Office has ordered patent board judges to revisit a ruling on "an obvious typographical error" in a patent used by a Chinese company to try to eject a different patent involved in litigation surrounding programming used in real-time "camera-like" mapping.

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MarkIt to Market® – July 2024: Where, What, and How – Trademarks & the Olympic Games (Part 2)

JD Supra Law

Part 2: WHAT - Last month, we reviewed where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights—if you missed last month’s article, catch up here: June 2024 Article. This month, we are exploring what trademarks the USOPC owns, based on the statutes and case law we discussed last month. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Patent Lessons From 5 Federal Circuit Reversals In June

IP Law 360

A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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MarkIt to Market® – July 2024: Quarterbacks Face Off in Trademark Bowl

JD Supra Law

NFL quarterbacks are known for going head to head on the gridiron, but two of the NFL’s top QB’s are now squaring off in the trademark arena. Earlier this month, Lamar Jackson filed two oppositions against FL101, a company associated with Troy Aikman, for its applications to register the mark EIGHT in connection with various clothing and luggage items.

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Tech IP Co. Drops Patent Row With Ford Over 3D Glasses

IP Law 360

The holder of patents for 3D movie glasses has dropped a Michigan federal court lawsuit claiming Ford Motor Co. incorporated its patented image-viewing technology into backup cameras.

Patent 52
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Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI

JD Supra Law

OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery, claiming these materials are relevant to arguments over the propriety of copyrightability of the content at issue.