November, 2024

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NASA: Copyright and Trademark in Space

Plagiarism Today

While it's well known that NASA images and videos are public domain, there are still some restrictions to be aware of before using them. The post NASA: Copyright and Trademark in Space appeared first on Plagiarism Today.

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AI-Scraping Copyright Litigation Comes to Canada (CANLII v Caseway AI)

Hugh Stephens Blog

Image: Shutterstock (with AI assist) It was inevitable.

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€3bn Pirate IPTV Network Serving 22m Users “Dismantled” in Massive Operation

TorrentFreak

Law enforcement operations targeting pirate sites and services are often enthusiastically described as ‘large-scale’ or ‘major’ If reports emerging from authorities in Italy hold true, describing the international operation that culminated early this morning as massive, wouldn’t be an exaggeration. Operation Takendown is said to have targeted what may be the largest pirate IPTV network serving Europe, authorities say, and the numbers involved are some of the largest

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10 reasons that small businesses need to protect their trademarks

Erik K Pelton

The following is an edited transcript of Chapter 21 of my book video Building a Bold Brand: Small Business Concerns Small businesses are just as capable of creating and building great brands as big businesses are. In fact, small businesses may be even more capable. All a business really needs is some creativity and wit so that it can begin building a bold brand via a great name.

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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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Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh

SpicyIP

The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here , here , here , here , here , here , here , here and here ).

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Will AI Copyright Claims Keep Standing After New Ruling?

Copyright Lately

Why a new court win for OpenAI and a tough Supreme Court standard could leave AI copyright claims on shaky ground. A relatively obscure Supreme Court case involving the Fair Credit Reporting Act might seem like an odd fit for the high-stakes world of copyright in the age of artificial intelligence. But it’s time to start paying attention to the Court’s 2021 ruling in TransUnion v.

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Design reform reaches its finale: it is now Regulation (EU) 2024/2822 and Directive (EU) 2024/2823

The IPKat

Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. This post analyses the main elements of the two acts. Background Foundations for the EU design system (as of now still covered by Regulation (EC) 6/2002 for EU-wide designs and Directive 98/71/EC for national designs) were laid down in the late 1980s-early 1990s, when various groups of academics presented their proposals for EU acts on the ma

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Court Expands Google and Cloudflare DNS Blocking to Combat Piracy

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, issued under Article L.333-10 of the French Sports Code, 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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25 Tips for Filing a Trademark Application

Erik K Pelton

The following is an edited transcript of my video 25 Trademark Application Tips. Choose wisely. Choosing a distinctive creative name is very important. Know about the spectrum of trademarks, which is going to help you choose wisely. Do a clearance search from the beginning before you begin the registration process. Use an attorney. We know that using an attorney leads to better results in general and has many benefits.

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USPTO Patent Grant Rate and Growing Backlog

Patently-O

by Dennis Crouch The USPTO utility patent grant rate data reveals an interesting narrative of policy shifts and administrative changes over the past fifteen years. The graph shows a clear upward trajectory from a notable low point around December 2009, when the grant rate bottomed out near 50%, to recent levels hovering around 75-80%. This dramatic shift beginning in 2010 coincided with Director David Kappos taking the helm at the USPTO, marking a decisive break from the more restrictive patent

Patent 115
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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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Netflix gearing up to stop streaming copyright piracy in upcoming Tyson vs. Jake Paul fight

JD Supra Law

Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on the planet, versus the YouTube sensation-turned-boxer Jake Paul. While the fighters train and talk trash, a different kind of high-stakes battle is taking place behind the scenes.

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Michigan State University Dean Accused of Plagiarism

Plagiarism Today

Jeraldo F.L. Jackson, the dean of Michigan State University's College of Education has been accused of plagiarism. The post Michigan State University Dean Accused of Plagiarism appeared first on Plagiarism Today.

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[GuestPost] How the European Patent Office uses AI to facilitate patent searches

The IPKat

The AmeriKat has the t-shirt.now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. Over to Kate for the report: "The European Patent Office (EPO) has embraced artificial intelligence (AI) to enhance the efficiency of its patent document searching process.

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Braflix to Shut Down: Pirate Site Throws in the Towel Citing Legal Pressure

TorrentFreak

Last year, Braflix was added to the ever-growing list of flix-inspired pirate streaming sites. Reportedly operating from Brazil, the site offered a clean interface, relying on third-party sources to provide a gateway to pirated movies and TV shows. The site had no obvious connections to other large streaming cabals, such as the massive Fmovies operation.

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Trademark registration renewal tips

Erik K Pelton

The following is an edited transcript of Chapter 19 of my book video Building a Bold Brand: Renewing Registration Once a strong and protected brand is built, another key to maintaining such status is proper and timely renewal of trademark registrations. Trademark registrations can last forever, if renewed properly and if the mark is still in use. But the trademark registrations must be renewed at the correct intervals, and it is critical to docket the deadlines and to properly file for renewal w

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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Technology & Marketing Law Blog

Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot

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(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed.

SpicyIP

Poster for the “Horn OK Please” event. Image from here. [ The post is co-authored by Deepali Vashist and Praharsh Gour. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous post can be accessed here. ] In an interesting turn of events, the Bombay High Court on 12 th November 2024, granted an quia timet interim injunction against the Sports Authority of India (SAI ),

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3 Count: King of Contracts

Plagiarism Today

UMG sues TuneCore for $500 million, Marcus King draws fire for photography contract and Google hits 10 billion DMCA URLs. The post 3 Count: King of Contracts appeared first on Plagiarism Today.

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Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

JD Supra Law

What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more popular, celebrity athletes and musicians have taken notice and jumped into the game. This is true for both forms of cannabis, including marijuana and hemp.

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FMovies Piracy ‘Mastermind’ Confesses, Authorities Confirm Piracy Prosecution

TorrentFreak

After eight years of unprecedented uptime and reliability, the collapse and eventual demise of pirate streaming giant FMovies looked much like the demise of any other. Cracks first started to emerge in June 2024 when the site stopped updating with new content. A few weeks later in mid-July, FMovies disappeared entirely, without any explanation from its operators or indeed anyone else.

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What is the Supplemental Register?

Erik K Pelton

How does the Supplemental Register differ from the Principal Register? Erik explains the key elements in this episode. The post What is the Supplemental Register? appeared first on Erik M Pelton & Associates, PLLC.

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Patent Claim Count

Patently-O

The updated patent claim count data through 2024 reveals a continuing trend toward standardization in claim counts, with both the median and mean hovering around 16-17 claims per patent. The perhaps the most striking feature of this longitudinal data is the dramatic reduction in variance – from a standard deviation of about 15 claims in the mid-2000s to just about 7 claims today.

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SpicyIP Weekly Review (November 4-November 10)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. This and a lot more in this week’s SpicyIP Weekly Review.

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Two Studies Retracted for Using Pirated Software

Plagiarism Today

Two papers have been retracted after a software company objected to the use of pirated software. Here's what researchers need to watch for. The post Two Studies Retracted for Using Pirated Software appeared first on Plagiarism Today.

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[Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s head/face as an EU trade mark

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 referral to the EUIPO Grand Board regarding the registrability of face trade marks. Incidentally, the referral was also discussed during last month's IPKat webinar on image rights. Here is what Nedim writes: [Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s he

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Pirating “The Pirate Bay” TV Series is Ironically Difficult

TorrentFreak

The inception and early years of The Pirate Bay are an intriguing chapter of the Internet’s history. Founded by the Piratbyrån group, The Pirate Bay and its founders embraced the power of the new BitTorrent technology: to copy culture en masse. By doing so, they altered the public discourse, openly taunting the entertainment industries in the process.

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Trademark protection details for blogs

Erik K Pelton

Blogs are a service, even if they are not for profit and have no income-producing sales or advertising, and blog names can be protected by trademark law and blog names can be registered as trademarks with the USPTO. Trademark Tips for Blog Owners Be creative. A creative name is generally much more likely to be unique and much easier to protect. Make it stand out.

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Can Xockets Enjoin NVIDIA and Microsoft Post eBay?

IP Watchdog

Xockets, Inc. recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. As is often the case in patent cases, Xockets seeks an injunction in addition to monetary damages.

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Diversification and Economic Development: Insights from the WIPO “Making Innovation Policy Work for Development” Report 2024

SpicyIP

In May 2024, WIPO published a report titled “ Making Innovation Policy Work for Development ” on the need for economies to diversify for better utilization of knowledge and eventually economic prosperity. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India. Deepali Vashist is a third-year law student at NLSIU Bangalore.

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CCB Awards Photographer it’s Largest Damage Award

Plagiarism Today

The Copyright Claims Board has awarded a photographer $11,000 in damages. However, the photographer only narrowly won the case. The post CCB Awards Photographer it’s Largest Damage Award appeared first on Plagiarism Today.

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Can Industrial Designs Be Protected by Copyright in the United Kingdom? The WaterRower is Not Protected by Copyright in the United Kingdom

JD Supra Law

Earlier this month, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom.

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Nintendo Sues Emulator Gamer Who Streamed Pirated Games Before Release

TorrentFreak

When Nintendo sued the people behind Switch emulator Yuzu in February, the company knew that establishing certain facts would send the clearest possible message to those considering similar conduct. The conclusion of that lawsuit declared that an emulator like Yuzu, that circumvents Nintendo’s technical measures, decrypts Switch games using unauthorized copies of Switch cryptographic keys, allowing games to be played on anything other than a Switch, violates copyright law.

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25 Trademark Renewal Tips

Erik K Pelton

Erik shares important things to know when it comes to renewing a trademark registration in this episode. The post 25 Trademark Renewal Tips appeared first on Erik M Pelton & Associates, PLLC. Erik shares important things to know when it comes to renewing a trademark registration in this episode.

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Virtual Worlds, Real Rules: EU Parliament’s First Take on IP in the Metaverse

IP Watchdog

Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.

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Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

SpicyIP

In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. SpicyIP intern Kartikeya Srivastava analyses this decision from the lens of underlying public interest in the information sought and comments on the dilution of the RTI Act under the guise of privacy.

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