Plagiarism Today
MAY 14, 2024
The Copyright Claims Board has issued a final judgement in its longest-running case, favoring Disney over a smaller book publisher. The post Disney, Books and the Copyright Claims Board appeared first on Plagiarism Today.
Erik K Pelton
MAY 7, 2024
Erik shares 25 commonly used names that are actually registered trademarks in this episode. Some of them may surprise you! The post 25 Names You Won’t Believe Are Registered Trademarks and Not Generic appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 commonly used names that are actually registered trademarks in this episode.
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Michael Geist
MAY 13, 2024
This is a post I never thought I would need to write in 2024. I have been a law professor at the University of Ottawa for nearly 26 years and the principle that all students, regardless of race, gender, religion, or sexual orientation have the right to be safe and feel safe on campus and in classrooms has been inviolable and accepted as central to our academic mission.
TorrentFreak
MAY 11, 2024
The fourth installment of Marvel’s Captain America film series is scheduled to be released February next year. Captain America: Brave New World is directed by Julius Onah and will star Anthony Mackie in the role of Samuel Wilson, better known to the broader public as “Captain America” In the lead-up to the film’s premiere, there’s been no shortage of rumors and leaks.
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?
IP Law 360
MAY 10, 2024
A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.
The IPKat
MAY 24, 2024
The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here ). This is the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
MAY 28, 2024
The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: PTO–T–2022–0034 Comments of Erik M. Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. Pelton & Associates, PLLC ® (“EMP&A”), in response to the Notice of Proposed Rulemaking, published on March 26, 2024, in the Federal Register at 89 Fed.
Michael Geist
MAY 16, 2024
When I first wrote about the arrival of Bill S-210 in the House of Commons back in December, I dubbed it the most dangerous Canadian bill you’ve never heard of and warned that “ Senate private members bills rarely become law, but this bill is suddenly on the radar screen in a big way.” Nearly six months later, the bill is closer than ever to becoming law as the Conservatives improbably appear to be doubling down on support and seeking to limit witness testimony through filibuster tactics that co
TorrentFreak
MAY 10, 2024
In 1983, Sherman Nealy and Tony Butler founded Music Specialist Inc, an independent label that recorded just one album and a few tracks. The venture didn’t score any hits and it eventually dissolved after a few years. Nealy’s personal life was no major success either, as he spent time in prison from 1989 to 2008, and again from 2012 to 2015.
JD Supra Law
MAY 30, 2024
In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models.
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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.
Patently-O
MAY 24, 2024
by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The memo, signed by USPTO Director Kathi Vidal, aims to immediately align USPTO practices with the more flexible approach outlined by the Federal Circuit, which eli
Plagiarism Today
MAY 8, 2024
For most creators, copyright registrations aren't practical. However, AI may give some a reason to change their mind. The post Why AI Makes Copyright Registration More Important appeared first on Plagiarism Today.
Erik K Pelton
MAY 28, 2024
The post How Long Does a Trademark Last? appeared first on Erik M Pelton & Associates, PLLC.
Technology & Marketing Law Blog
MAY 17, 2024
by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. A platform sues a web scraper in the Northern District of California for (among others) a breach of its Terms of Service (ToS) —and the platform loses.
TorrentFreak
MAY 30, 2024
Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and articles that can be downloaded for free. The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina. According to the latest available information, these two defendants are still fighting their extradition.
IP Watchdog
MAY 9, 2024
If you have done a search for just about anything using Google, you have no doubt at one time or another stumbled across Reddit, the self-described “home to thousands of communities, endless conversation, and authentic human connection.” Regardless of what you are interested in, there is a community and conversation to be found on Reddit. For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4
Michael Geist
MAY 24, 2024
Last week I posted on concerns that Conservative MPs were engaged in a prolonged filibuster at the committee study of Bill S-210, a bill the government has called “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media.
Plagiarism Today
MAY 15, 2024
Stack Overflow has drawn the ire of its members by reaching a deal with OpenAI. Is your favorite community next or has it done so already? The post Is Your Community Selling You Out to AI? appeared first on Plagiarism Today.
Erik K Pelton
MAY 21, 2024
There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode. Learn more at erikpelton.com/resources/ The post 25 Key Trademark Terms appeared first on Erik M Pelton & Associates, PLLC. There are countless key trademark terms, and Erik shares 25 of the most important ones to know in this episode.
The Illusion of More
MAY 20, 2024
A class-action suit was filed last week by voice actors Paul Lehrman and Linnea Sage against AI developer LOVO, Inc. According to the complaint, LOVO induced the actors to provide recorded material under false pretenses—material which was then used to produce synthetic replicas of their voices to become part of a catalog offered to paying […] The post Voice actors, tricked by LOVO into creating AI replicas, file suit. appeared first on The Illusion of More.
TorrentFreak
MAY 16, 2024
The non-profit Internet Archive (IA) aims to preserve history in a digital format for generations to come. The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. This information becomes more and more valuable as time passes by. IA’s archiving work is not limited to websites either; it also helps to permanently archive video, software, games, and music.
IP Watchdog
MAY 13, 2024
While it’s appropriate to lament the lack of bipartisan cooperation in Washington, just because something’s bipartisan doesn't mean it’s a good idea. Exhibit A could be Senator Tammy Baldwin (D-WI) and Senator J.D. Vance’s (R-OH) “Invent It Here, Make It Here” bill. Despite the name and its good intentions, it condemns promising federally funded inventions to waste away without doing a thing to build our domestic manufacturing base.
JD Supra Law
MAY 13, 2024
“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed system, and if the data is used for a large language model,” said Leonard Dietzen and Jacey Kaps, CIPP/US, Partners at RumbergerKirk.
Plagiarism Today
MAY 13, 2024
Last week, the Supreme Court ruled that a music producer can collect over a decade of damages. What does it mean for you? The post What the Latest Supreme Court Copyright Ruling Means for You appeared first on Plagiarism Today.
Erik K Pelton
MAY 20, 2024
The following is an edited transcript of my video 4 Tips for a TTAB Hearing. TTAB hearings can be important tools in a trademark dispute or appeal at the USPTO. I’ve watched dozens of hearings, and participated in many myself. Here are my key tips: Know the rules of the Trademark Trial and Appeal Board (TTAB): the rules for evidence, for the case, and for the hearing.
The IPKat
MAY 18, 2024
After two decades of discussion, studies, and negotiations , WIPO is finally hosting the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge at its headquarters in Geneva from 13-24 May. This builds on the work of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), established in 2000.
TorrentFreak
MAY 26, 2024
Three years ago, Bungie filed a complaint at a federal court in Seattle, accusing Destiny 2 cheat seller AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the operating company behind the website, and third-party developer James May. AimJunkies denied the claims and argued that cheating isn’t against the law.
Technology & Marketing Law Blog
MAY 13, 2024
By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. Not that he meant to do this, mind you. He was trying to do the opposite. But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of Calif
JD Supra Law
MAY 1, 2024
On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.
Plagiarism Today
MAY 6, 2024
Plagiarism is a complicated and nuanced topic. However, that nuance is often lost when it becomes a matter of public interest. The post The Difficult Nuance of Plagiarism appeared first on Plagiarism Today.
Erik K Pelton
MAY 6, 2024
The following is an edited transcript of my video What is Trade Secret Protection? There are numerous different types of intellectual property, such as trademarks, copyrights, and patents. Another type of intellectual property is trade secrets, such as the formula for Coca-Cola, or the original recipe for Kentucky Fried Chicken. These examples of intellectual property are protected because they have been kept secret, which makes them different from trademarks, copyrights, and patents in several
The IPKat
MAY 7, 2024
Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? The short answer is: yes. And that will be unavoidable too. The real question is therefore another: how to go about doing that? In order to answer this, it is necessary to start from the beginning and retrace the steps of a harmonization process that has led to a framework, which is an understatement to call ‘co
TorrentFreak
MAY 6, 2024
Anti-piracy outfits come in all shapes and sizes and due to the nature of the business, there has been no shortage of controversies over the years, some justified and others less so. More recently, a strategy that has been seen only a handful of times before, has been playing out on social media. Protecting the interests of South Korean company Kakao Entertainment, the company’s ‘P.CoK’ anti-piracy unit has been engaging friend and foe alike, hoping to suppress piracy of local
IP Watchdog
MAY 29, 2024
On May 28, a group of five former Directors, Deputy Directors and Patent Commissioners at the U.S. Patent and Trademark Office (USPTO) sent a letter addressed to current USPTO Director Kathi Vidal in opposition to a rule package on terminal disclaimer practice proposed earlier this month. This group of highly-ranking former government officials join a growing chorus of voices who are concerned by the apparent overreach of the nation’s patent granting agency into substantive rulemaking that would
JD Supra Law
MAY 31, 2024
Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI continues to evolve rapidly, we expect to encounter myriad representations and warranties aimed at specific issues in intellectual property rights, data rights, and regulatory compliance relating to AI.
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