December, 2024

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The Chill Guy Plagiarism Hoax

Plagiarism Today

The Chill Guy meme may promote a relaxed attitude. But it was recently the focus of a very serious and harmful plagiarism hoax. The post The Chill Guy Plagiarism Hoax appeared first on Plagiarism Today.

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Changes to USPTO Trademark Fees: What You Need to Know

Erik K Pelton

The USPTO has finalized its rulemaking on trademark fees, and big changes are coming. On January 18, 2025, the new fee structure will take effect, bringing not only updated costs but also significant procedural changes and a completely revamped application process. Here’s what you need to know to prepare. Note: I will be teaching a CLE on December 11, 2024 (with recording available) featuring much more details regarding these changes, including practice tips, and information about the new

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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.

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More Than Half of All Google Search Takedowns Now Come from Link-Busters

TorrentFreak

Online piracy is a constant headache for copyright holders; one that’s particularly hard to beat. Because those who run pirate sites often ignore takedown requests, copyright holders began targeting search engines and other online platforms that inadvertently help users to find pirated content. Typically, copyright holders outsource this work to third-party companies that scan the web for links to pirated material.

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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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All the IP News that Mattered in 2024

IP Watchdog

The past year has included some monumental developments in the world of IP - and adjacent to IP - that will affect law and practice for years to come. From the Supreme Courts decision to abrograte the Chevron decision, thereby changing the standard for agency deference by the courts, to movement on some of the most potentially game-changing patent legislation to be introduced since the America Invents Act, there is a lot to choose from when it comes to what mattered in 2024.

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CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions

The IPKat

IPKat-approved vertical direct effect As students of EU law know, a key principle which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos is that of direct effect of EU law. Insofar as EU directives are concerned, they do not produce any horizontal direct effect. This means that they cannot be relied upon in private-party proceedings and do not impose obligations on individuals.

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Why trademarks matter for food trucks

Erik K Pelton

Food trucks have a heightened need to proper trademark protection: The industry is booming and growing rapidly, with lots of new brand names being developed every month. There have been many instances where food truck operators have used names too similar to those of existing restaurants or other food trucks/carts. Food trucks are generally very local businesses.

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CanLII v CasewayAI: Defendant Trots Out AI Industry’s Misinformation and Scare Tactics (But Don’t Panic, Canada)

Hugh Stephens Blog

Image: Pixabay Last month I highlighted the first AI/Copyright case in Canada to reach the courts, CanLII v CasewayAI.

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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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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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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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The 5 Worst Copyright Decisions of 2024

Copyright Lately

Many rulings missed the mark, but these five went the extra mile to secure their spots as the year’s worst copyright disasters. Hello and welcome to Copyright Latelys fifth annual countdown of the years biggest copyright misfires from coast to coast. When I first launched this tradition in 2020, during the height of the pandemic, best of lists felt a little out of touch.

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Copyright and Realistic Baby Dolls

Plagiarism Today

You can't copyright a baby, but as one company proves, you can copyright a very specific rendition of a baby, if the copy is close enough. The post Copyright and Realistic Baby Dolls appeared first on Plagiarism Today.

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Trademark protection for cannabis brands

Erik K Pelton

Note that this field may be subject to changes and developments more than others when it comes to trademark registration strategies. Contact a lawyer to discuss your needs. Businesses and brands in the field of cannabis, cannabidiol (CBD), and hemp need to be aware of special considerations when it comes to brand protection. The overlapping state and Federal issues regarding the regulation and legality of these products provide unique challenges and strategies related to trademark protection.

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Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

JD Supra Law

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered answer engine Perplexity AI in the District Court for the Southern District of New York.

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French Piracy Blocking Order Goes Global, DNS Service Quad9 Vows to Fight

TorrentFreak

In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS. The order compelled the tech giants to prevent users from accessing unauthorized streams of Champions League and Premier League matches. Applicant Canal+ argued that the alternative DNS resolvers allowed people to bypass the “regular” blocking measures implemented by internet providers.

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Another AI Scraping Copyright Case in Canada: News Media Companies Sue OpenAI

Hugh Stephens Blog

Image: Shutterstock (AI assist) First, I heard it on the radio. The word “copyright” caught my attention because that’s a word seldom heard on the morning news. Then the news stories started to appear, first on Canadian Press, which was “largely” accurate, then on the CBC, Globe and Mail, even the New York Times.

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Insights From Court Orders in AI Copyright Infringement Cases

Copyright Alliance

There are now well over thirty lawsuits that have been filed by copyright owners in U.S. federal court against AI companies, accusing them of direct copyright infringement for using copyrighted […] The post Insights From Court Orders in AI Copyright Infringement Cases appeared first on Copyright Alliance.

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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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25 Top Tips from 25 Years

Erik K Pelton

Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own. The post 25 Top Tips from 25 Years appeared first on Erik M Pelton & Associates, PLLC. Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own.

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Federal Circuit: Patent Must Claim Active Ingredient for Orange Book Listing

JD Supra Law

On December 20, 2024, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling in theTeva v. Amnealcase following oral arguments before the Federal Circuit, which we discussed in ourprevious article. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Japan Plans AI Pilot Program to Fight Manga & Anime Piracy

TorrentFreak

With the arms race between pirate sites and rightsholders showing no obvious signs of cooling down, the online piracy landscape is becoming increasingly complex. The existing toolbox of legal measures, such as action against domain names, site-blocking, search engine penalties, even whole-site deindexing, has led to the emergence of a new breed of shape-shifting, measure-evading, pirate sites.

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The IP Community’s Wildest Dreams for 2025

IP Watchdog

As we do each year, were dedicating the last day of December to readers' comments on what the IP landscape would look like to them if a little thing called reality was not an issue. So, below are our participants heartfelt IP wishes for 2025.

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The Madness of Amazon’s Song Royalty Refund Demand

The Trichordist

Phonorecords III is the gift that keeps on giving. Amazon is breaking long-standing industry practice and demanding that publishers cut Amazon.a check for supposed "overpayments" in the Phonorecords III royalty "true down".

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3 Count: Slice of Ice

Plagiarism Today

Fanatics defeats copyright claim over melted ice trophy, CODA shutters Brazil anime piracy site and Popeye to enter the public domain. The post 3 Count: Slice of Ice appeared first on Plagiarism Today.

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Trademarks for Beginners

Erik K Pelton

New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode. The post Trademarks for Beginners appeared first on Erik M Pelton & Associates, PLLC. New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode.

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Unified Patent Court: First Ruling on Equivalent Infringement

JD Supra Law

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the Unified Patent Court Agreement ("UPCA") contains no provision on the doctrine of equivalents.

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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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Economist Will Page Reports Global Value of Music Copyright Exceeded Movie Box Office Receipts in 2023

IP Watchdog

On November 25, economist Will Page, formerly Chief Economist of streaming music company Spotify, published a report on the global value of music copyright, finding that worldwide music copyright revenues had increased 11% to reach $45.5 billion USD during 2023. Purporting to fill gaps in reporting from other global music copyright surveys, Page’s recent report indicates that the total value of music copyright holdings, including mechanical reproduction and live performance rights, has quickly s

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[Guest post] Tesla and EUIPO hit the brakes on trade mark troll: EUIPO Cancellation Division invalidates ‘TESLA’ trade mark due to bad faith

The IPKat

The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the EUIPO Cancellation Division regarding a trade mark registration for TESLA obtained by a so called trade mark troll. Here is what Nedim writes: Tesla and EUIPO hit the brakes on trade mark troll: EUIPO Cancellation Division invalidates TESLA trade mark due to bad faith by Nedim Malovic From self- to Kat-driving cars: Tesla's latest ev

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3 Count: A Humble Ending

Plagiarism Today

The Internet Archive case ends with a whimper, NetEase may sue competitor over trailer and Apple stealth piracy apps lead to three arrests. The post 3 Count: A Humble Ending appeared first on Plagiarism Today.

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25 Office Action Response Tips

Erik K Pelton

Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode. The post 25 Office Action Response Tips appeared first on Erik M Pelton & Associates, PLLC. Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode.

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USPTO Patent and Trademark Fee Increases

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively.

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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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USPTO Officially Withdraws Terminal Disclaimer Proposal

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today officially withdrew its controversial proposed rule on terminal disclaimer practice. The withdrawal was expected, with panelists at IPWatchdog’s Life Sciences Masters Program in October predicting based on USPTO Director Kathi Vidal’s comments at the American Intellectual Property Law Association (AIPLA) Annual Meeting that the rule was unlikely to be finalized before her departure from the Office.

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The Madrid Protocol: Streamlining International Trademark Registration

IP and Legal Filings

INTRODUCTION Earlier, businesses seek operations that go beyond borders in an increasingly globalized economy. New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise.