Sat.Oct 19, 2024 - Fri.Oct 25, 2024

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25 Differences Between Patent, Copyright and Trademark

Erik K Pelton

Erik shares details about what differentiates patents, trademarks, and copyrights from each other in this episode. The post 25 Differences Between Patent, Copyright and Trademark appeared first on Erik M Pelton & Associates, PLLC. Erik shares details about what differentiates patents, trademarks, and copyrights from each other in this episode.

Trademark 130
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The Second Kamala Harris Plagiarism Scandal

Plagiarism Today

Vice President Kamala Harris is the target of new plagiarism allegations. However, there's a major problem with these. The post The Second Kamala Harris Plagiarism Scandal appeared first on Plagiarism Today.

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Google Drive Blackout in Italy After Another Major Anti-Piracy Blunder

TorrentFreak

Italy has an administrative blocking mechanism and a technical blocking platform, Piracy Shield, operated by rightsholders in the private sector. Up until now, AGCOM, Italy’s independent telecoms regulator, has been Piracy Shield’s greatest supporter, at least of those not already benefiting financially from the activities of football league Serie A, currently the only beneficiary of Piracy Shield blocking.

IP 128
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Why Your Organization Needs to Craft a Comprehensive GenAI Policy Now

JD Supra Law

The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses significant business risks and ethical dilemmas. Because this technology is so easy to use and exploding in capabilities, it is crucial that companies establish a comprehensive GenAI policy.

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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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How to enforce trademark rights

Erik K Pelton

The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. The great majority of infringement matters are resolved without litigation, and the great majority of trademark litigation cases that are filed are resolved without a verdict from a court.

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Copyright Claims Board Releases Key Statistics

Plagiarism Today

The Copyright Claims Board has released statistics about its first 1,000 cases. Here's what the numbers say. The post Copyright Claims Board Releases Key Statistics appeared first on Plagiarism Today.

Copyright 253

More Trending

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Blade Runner 2049 Producer Alleges Musk Created Infringing Image with Generative AI

IP Watchdog

On October 21, Los Angeles-based film production company Alcon Entertainment filed a lawsuit in the Central District of California alleging copyright infringement and false endorsement against automaker Tesla, its CEO Elon Musk and media conglomerate Warner Bros. Discovery. The suit claims that these parties are responsible for the creation of an artificial intelligence (AI) generated image of Tesla’s Cybercab using iconic imagery from Alcon’s 2017 theatrical release Blade Runner 2049.

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Patent Poetry: Supreme Court Denies Cert on Patent and Trademark Cases

JD Supra Law

The US Supreme Court has denied cert on several cases involving patents and trademarks, meaning that the Court will not consider the appeals and the lower court rulings will stand.

Trademark 112
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3 Count: Blade Runner 2024

Plagiarism Today

Film company sues Tesla over Blade Runner clips, NBA teams deny social media infringement, and News Corp sues Perplexity The post 3 Count: Blade Runner 2024 appeared first on Plagiarism Today.

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When Antisemitism No Longer Shocks

Michael Geist

Last week, Green College, an interdisciplinary graduate college on the campus of the University of British Columbia in Vancouver, hosted a medieval workshop titled The Writing of Ancient Christianity in Late Antiquity and the Middle Ages. As the title would suggest, the workshop was highly specialized and of limited interest to anyone outside of the scholarly field.

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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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SPEX v. Western Digital: $316 Million Verdict for Means Plus Function Claim

Patently-O

A Central District of California jury has awarded SPEX Technologies nearly $316 million in damages against Western Digital for infringement of a patent related to hardware encryption technology. The verdict, handed down on October 18, 2024, comes after an eight-year legal battle and raises interesting questions about infringement of means-plus-function claims and the calculation of reasonable royalty damages.

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By Codifying the eBay Factors, RESTORE Does Not Solve the Problem of Obtaining Injunctive Relief

IP Watchdog

In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7% for patent owners with a product. eBay opened the floodgates to massive predatory infringement, destroying countless startups, especially those commercializing cri

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Parents Sue School Over AI Punishment

Plagiarism Today

Parents of a student at Hingham High School in Massachusetts have filed a lawsuit over his punishment for using AI. The post Parents Sue School Over AI Punishment appeared first on Plagiarism Today.

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Bring Back Patent Models To Shut Down The Patent Trolls

IP Law 360

By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

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What is Right of Publicity? Protect Your Name and Likeness. 2024 Update

Traverse Legal Blog

Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. While sometimes available to any individual , Right of Publicity is typically aimed at protecting the name or likeness of famous individuals. [scroll down for free resources that explain what the right of publicity is and how you protect yours] What is the Right of Publicity?

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Cox Tells SCOTUS to Deny Sony’s Petition or Make a Bad Situation Worse

IP Watchdog

Cox Communications is the latest to file a brief in the battle between it and Sony Music Entertainment over whether an internet service provider (ISP) should be liable for infringement by its subscribers. According to Cox’s brief in opposition to Sony’s petition for certiorari, “[p]etitioners want to make a terrible situation even worse.” Music publishers including Sony, Arista Records, Warner Music and Universal Music Group filed copyright claims against Cox in July 2018, alleging that Cox was

Music 103
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3 Count: 2 Live Termination

Plagiarism Today

2 Live Crew wins copyright termination verdict, Muhammad Ali photo wins jury verdict and Pirelli drops trophy design. The post 3 Count: 2 Live Termination appeared first on Plagiarism Today.

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'MetaBirkins' TM Appeal May Split 2nd Circ. On Art Question

IP Law 360

A Second Circuit panel appeared divided Wednesday over whether a Los Angeles man should be liable for infringing Hermès International's handbag trademarks with his "MetaBirkins" nonfungible tokens, with two judges seemingly siding with the Paris designer and one with the purported artist.

Art 105
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AI Regulation: An Overview of Global Frameworks

Barry Sookman

I just came across two reports from feeds I monitor, one from LinkedIn, the other from Canlii. The first is the report, 2024 State of the AI Regulatory Landscape. This report provides an overview of the evolving AI regulatory frameworks across major jurisdictions, particularly the United States, European Union, and China. As AI technologies advance, governments are increasingly focused on implementing effective governance structures to mitigate potential risks while fostering innovation.

Reporting 104
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PTAB Rule Permits Solo Representation and Automatic Pro Hac Vice Admission

JD Supra Law

On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule can be found here. The new regulations are intended to improve access to the PTAB and streamline existing processes. Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, 89 Fed.

Patent 90
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NFL Player Uses Pirate Streaming Site to Watch His Own Team

TorrentFreak

Last year, the NFL asked the U.S. Government’s Patent and Trademark Office to help tackle live-streaming piracy. Together with the NBA and UFC, the football league asked the government to make DMCA takedown requests more effective. NFL argued that when it comes to live sports streaming, long delays render takedown requests practically useless, as most of the value of live sports content lies in its real-time nature.

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Apple Tells Del. Jury It Wants Smartwatch Infringement Stop

IP Law 360

An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.

Copying 105
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[Guest post] Thou shalt not discriminate the Lego block over any other kind of product – GRUR speaks out on C-211/24

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property) on the comments the GRUR Committee for Design Law submitted on the request made by the Fővárosi Törvényszék, Hungary, for a preliminary ruling by the CJEU presenting questions for the interpretation of provisions of Council Regulation (EC) No 6/2002 of 12 Decemb

Designs 91
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IP Organizations Want More on USPTO’s AI Patent Eligibility Guidance

IP Watchdog

The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance was October 16, and the Office received 24 total submissions. The 19 posted thus far overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies.

Patent 89
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Slanted against him

Likelihood of Confusion

Originally posted 2013-09-28 21:24:28. Republished by Blog Post PromoterAnother not-safe-for-work story is out there about a trademark registration denied under Section 2(a) of the Lanham Act as “immoral or scandalous.” John Welch and Marc Randazza address the issue brilliantly here and here. Well, in April of last year, in fact, I wrote about the trademark application […] The post Slanted against him appeared first on LIKELIHOOD OF CONFUSION™.

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The 2024 Prestige Leaders

IP Law 360

Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

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Piracy Warning For Russian Cinemas as Legal Streaming Revenues Skyrocket

TorrentFreak

With war still raging in Ukraine, writing about the collateral damage to Russia’s cinema industry seems vanishingly unimportant. When Disney, Warner Bros., Sony Pictures, Paramount, and Universal left the Russian market, some celebrated their exit as a positive for local cinema. Opportunities for local filmmakers would appear in greater numbers than ever before, some assured, and the entire ecosystem would only thrive without unwanted Western influence.

Cinema 81
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Experts and Calcutta High Court IPRD Rules, 2024; A Critique and Discussion

SpicyIP

Image from here. Nation’s Third, A New IPD at Calcutta High Court! Later but not late. In the gazette notification dated 2oth September 2024 the Intellectual Property Rights Division Rules of the High Court, Calcutta, 2023 were notified. Vide the Rules, the following two divisions were constituted in the Calcutta High Court: the Intellectual Property Rights Division (IPRD) and the Intellectual Property Rights Appellate Division (IPRAD).

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A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)

Technology & Marketing Law Blog

By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1. Number of claims filed: The graph shows a linear progression, meaning the number of claims filed are steady, they are NOT increasing over time.

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Anthropic Says Fair Use Bars Authors' Copyright Class Action

IP Law 360

Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.

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nHentai Fights Back in Piracy Lawsuit: ‘Rightsholder Gave Permission’

TorrentFreak

Manga and anime have become increasingly popular in recent years. These formats originate in Japan but are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above, which also has growing audience of many millions of fans. As with any type of media, not all consumers are paying for access.

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[Sponsored] NLU Delhi Invites Applications for the Position of Academic Fellow (Apply by November 04)

SpicyIP

We are pleased to inform you that the National Law University, Delhi is inviting applications for the position of Academic Fellow for their Joint Masters/LL.M in Intellectual Property Law & Management Programme. The last date to apply is November 04, 2024. For more detail please read their announcement below. Image from here Call For Applications – Academic Fellow (Apply by November 04) The National Law University Delhi (‘University’) seeks to engage an Academic Fellow for one year on a con

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Global Perspective on Patenting of AI Technologies

JD Supra Law

The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions pose challenges for AI solution developers aiming to protect intellectual property (IP) rights for their inventions across multiple jurisdictions.

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News Corp. Subsidiaries Hit AI Co. With Copyright Suit

IP Law 360

The publishers behind the Wall Street Journal and the New York Post have said in a new lawsuit that an artificial intelligence company is ripping off the news organizations' work, saying the AI company's "answer engine" has copied huge amounts of copyrighted material.

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Court Orders Cloudflare to Block and Identify ‘Pirate Site’ Customer

TorrentFreak

Internet infrastructure company Cloudflare provides a range of connectivity and security services to millions of customers around the globe. In addition to Fortune 500 companies and governments across various continents, the American company also provides its services to pirate sites. In recent years, rightsholders have urged Cloudflare to take a more proactive stance against piracy.