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The Copyright Claims Board is seeing a sharp rise in contested cases, here's four of the latest and most interesting to receive a response. The post 4 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.
In H. Lundbeck A/S, et al. v. Lupin Ltd., et al. , Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.
Campbell v. Acuff-Rose Music, Inc. is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Liv
Episode 3 got off to a kicking start with entrepreneur and ex-football player Gary Neville joining the Den, the first ever Guest Dragon. While some entrepreneurs were top of the leaderboard, others just failed to make the cut. Seeds that heal Entrepreneur and mum, Giselle Boxer, entered the Den ready to take the Dragons on. Giselle asked for £50k and help with scaling-up her business Acu Seeds , in exchange for a 10% share in the business.
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?
Anthropic fires back at music publishers' lawsuit, Finland denies parody defense over racism and Ice Spice sued over In Ha Mood. The post 3 Count: Icy and Spicy appeared first on Plagiarism Today.
Lately, we’ve seen several headlines and comments from tech giants say that AI ventures simply cannot succeed if they are forced to contend with the copyrights in the billions of works they have scraped for the purpose of machine learning (ML). When these headlines are paired with the rampant assertions that ML is inherently fair […] The post “Fair Use” is Not a Great Business Plan appeared first on The Illusion of More.
With more than 14 million digital books in its archive, Z-Library is one of the largest shadow libraries on the Internet. Two of its alleged operators were arrested as part of a criminal crackdown by the United States, but the site seems largely unaffected. The Russian defendants are currently fighting an extradition battle. While their involvement with Z-Library is apparent to U.S. law enforcement, they don’t appear to be crucial to the operation, since Z-Library continues to thrive.
With more than 14 million digital books in its archive, Z-Library is one of the largest shadow libraries on the Internet. Two of its alleged operators were arrested as part of a criminal crackdown by the United States, but the site seems largely unaffected. The Russian defendants are currently fighting an extradition battle. While their involvement with Z-Library is apparent to U.S. law enforcement, they don’t appear to be crucial to the operation, since Z-Library continues to thrive.
On January 16, the U.S. Copyright Office published a final rule in the Federal Register amending agency regulations on small infringement claims filed at the Copyright Claims Board (CCB). Responding to comments from both the legal and copyright industries, the Copyright Office’s final rule addresses disputes to the form of CCB proceeding chosen by claimants, as well as the discretion of CCB officers in penalizing evidentiary violations.
Beijing court rules AI work protected by copyright, BREIN targets virtual worlds and OpenAI CEO claims they don't want publisher content. The post 3 Count: AI Divide appeared first on Plagiarism Today.
The following is an edited transcript of my video Tips for Brainstorming New Business and Brand Names Brainstorming for new brand names is really the genesis of brand protection. The better the name you come up with at the outset, the easier it’s going to be to protect, and more likely you’ll have stronger protection. It’s not easy to come up with a bold, unique, and protectable name, but it is still possible, Begin with pieces of words and names.
JW Player was born around 2005 as an open source project, taking its name from the initials of main developer, Jeroen Wijering. During the mid to late 2,000s, most people who consumed video online encountered JW Player at least once; before Google bought YouTube, JW Player was YouTube’s video player of choice. According to the GitHub repo for the non-commercial version of JW Player, it can now be found on two million sites with a combined 1.3 billion plays per month.
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.
Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and videos that are virtually indistinguishable from real life. These so-called "deepfakes" can be used to misappropriate virtually anyone’s image and likeness for unlawful commercial gain, embarrassment, or other nefarious purposes.
A watchdog group has filed a formal complaint with an accreditation agency over Harvard's handling of the Claudine Gay scandal. The post Complaint Filed Against Harvard Over Claudine Gay Investigation appeared first on Plagiarism Today.
Erik reviews the many perks of having a registered trademark in this podcast. The post 25 Benefits of Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Erik reviews the many perks of having a registered trademark in this podcast.
In the final days of 2023 as people were preparing to welcome in the new year, yet more pirate domains were being redirected or transferred into the hands of the MPA, presumably as part of a settlement agreement. Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. We gave the news a brief mention at the time but since MPA/ACE have certain procedures to follow, the official announcement was published yesterday.
In the US, the principle of file wrapper estoppel is well established. S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Additionally, as recently highlighted in K-fee v Nespresso (Case No. 22-2042, Fed. Cir. Dec. 26, 2023), file wrapper estoppel in the US does not stop at the US file wrapper. Submission made in other jurisdictions, including Europe, may also be cited against the patentee.
As the Claudine Gay and Neri Oxman stories begin to wind down, we have to look at what's next for both of them and academia at large. The post What is Next for Claudine Gay, Neri Oxman and Academia appeared first on Plagiarism Today.
The following is an edited transcript of my video 10 Reasons Why Lawyers Should Create Content. Some lawyers and law firms express a fear of sharing their knowledge for free with potential clients that it might impact their ability to get new business. I think that law firms who refuse to share content are falling behind, and missing a key opportunity to deliver authenticity.
Last summer, UK broadcaster Sky obtained a High Court injunction that requires local ISPs to block pirate IPTV services illegally offering its content. Blocking injunctions aren’t new or unusual but since limited information is made available to the public, anyone interested in the mechanisms involved and whether blocking is working must find out for themselves.
By now, many people who pay attention to artists’ rights have read the David Segal New York Times story published on January 13 about the amateur folk duo Bad Dog discovering their songs on major streaming platforms, but with different titles and attributed to a different creator. In what should be a surprise to nobody, […] The post Fraud in Music Streaming on Legit Platforms appeared first on The Illusion of More.
Film studios subpoena Reddit again, Gibraltar government turns down memorial design and Burnely co-owner hit with copyright takedowns. The post 3 Count: Third Try appeared first on Plagiarism Today.
Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. The application began life as a LimeWire fork but underwent several changes over the years. In 2016, it added support for torrents and, five years later, it completely dropped its Gnutella base in favor of BitTorrent.
In the past months, this Kat has been captivated by the question of how wars impact traditional regional products and, ultimately, the registration of geographical indications (GIs) [see also earlier posts on the Versailles Treaty and on Camembert ]. I would now like to share with our readers some of the stories uncovered during this research. Background For the study, I decided to focus on France and its protected designations of origin (PDOs).
by Dennis Crouch Apple v. Masimo (Fed. Cir. 2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal Circuit has now denied Apple’s stay pending appeal of the International Trade Commission’s limited exclusion order and cease-and-desist order (“the Remedial Orders”) against Apple Watch Series 9 and Ultra 2. The baseline approach in American patent law is that any injunction issued by the district court will stay in effect through the duration of any appeal.
The Federal Circuit held in Thaler v. Vidal that an “inventor” must be a human. During the patent drafting process, the human inventors meet with the patent attorney to describe the invention. In this meeting, the patent attorney learns the bounds of the invention, and when drafting the patent application, “fills in the gaps” to….
Dubbed “Nollywood,” Nigeria has a flourishing film industry which generates billions of dollars in revenues while creating new stars in the process. In tandem, a flourishing piracy market serves parts of the population that either can’t or won’t pay for films. Local authorities and anti-piracy organizations are trying to get a grip on the problem, but that’s not easy.
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
On Wednesday, the Fifth U.S. Circuit Court of Appeals upheld a lower court decision to block key provisions of HB 900, Texas’s controversial book rating law. In a 36-page decision, a three-judge panel ruled that the law likely violated First Amendment protections against compelled speech. The lawsuit challenging HB 900 was first filed in July , by a coalition including two Texas bookstores, Austin’s BookPeople and Houston’s Blue Willow Bookshop , together with the American Booksellers Associ
The Patent Trial and Appeal Board has found that Tesla failed to prove that any of the claims it challenged in a Charge Fusion Technologies patent on electric vehicle charging were obvious.
Two decades ago, it was not uncommon for pirates to wait several days for a film or TV show to finish downloading. Times have changed. These days pirates can put on their VR headsets, join a virtual streaming world, and instantly stream their favorite new releases, all without paying. VR pirates currently operate in a relatively tight niche. The trend is expected to grow in the years to come but as pirates experiment with this new technology, anti-piracy groups are paying close attention too.
Reading Time: 2 minutes Tiger Woods’ remarkable golf career and his 27-year partnership with Nike stand as a testament to sports marketing, branding, and trademark protection. Recent ripples in this bromance have left aficionados (around our office) speculating about the destiny of Woods’ trademark “Sunday red” ensemble. Back in ’96, Woods and Nike weren’t just exchanging high-fives for endorsements.
The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines. The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). FAIR enables the use of data and metadata for a wide range of use cases and without it, data is not consumable in a way that is needed to build upon research, to make it reproducible, or to provide it as a tru
The Federal Circuit ruled Wednesday that Apple can't import Apple Watches that include a blood oxygen monitor found to infringe two Masimo patents, rejecting the tech giant's request to suspend the ban while it appeals.
TV drama ‘Mr Bates vs The Post Office’ tells the story of the Post Office ‘Horizon’ scandal and the lives torn apart by 700 “successful” private prosecutions of entirely innocent self-employed subpostmasters. After the miniseries was seen by millions earlier this month, private prosecutions – which allow alleged victims of crime to prosecute their own criminal cases – are now a topic of national debate.
Hats, with a history dating back to 3000 BC, have served various purposes from religious to protective, heating, and social. As we celebrate National Hat Day, let’s explore five distinct hats that capture the essence of modern headwear, along with the IP contributions that shaped their success. Bucket hat: The bucket hat’s resurgence can be linked to designers like Kangol.
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