Erik K Pelton
OCTOBER 23, 2024
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.
Plagiarism Today
OCTOBER 22, 2024
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.
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Michael Geist
OCTOBER 25, 2024
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.
TorrentFreak
OCTOBER 20, 2024
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.
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?
Erik K Pelton
OCTOBER 22, 2024
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.
Plagiarism Today
OCTOBER 22, 2024
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
OCTOBER 20, 2024
The Entertainment Software Association ( ESA ) has submitted its latest overview of “ Notorious Markets ” to the Office of the US Trade Representative (USTR). These submissions serve as input for the USTR’s yearly overview of piracy ‘markets’ which helps to shape the U.S. Government’s global copyright enforcement agenda going forward. The ESA, which represents video game companies including Electronic Arts, Epic Games, Microsoft, Nintendo, Sony, and Ubisoft, hopes that the interests of its membe
IP Watchdog
OCTOBER 24, 2024
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
Plagiarism Today
OCTOBER 21, 2024
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.
JD Supra Law
OCTOBER 21, 2024
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.
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The IPKat
OCTOBER 24, 2024
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
IP Watchdog
OCTOBER 23, 2024
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.
Plagiarism Today
OCTOBER 21, 2024
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.
Patently-O
OCTOBER 19, 2024
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.
JD Supra Law
OCTOBER 24, 2024
In its recent judgment in Sony Interactive Entertainment v. Datel, the CJEU ruled on the specific copyright protection of computer programs under Directive 2009/24/EC (Case C‑159/23). The CJEU found that while “cheating software” can substantially impact gameplay, it does not infringe copyright under the Directive, as long as the modifications are limited to variables stored in the computer’s RAM and do not alter the game’s underlying program code.
IP Watchdog
OCTOBER 25, 2024
The U.S. Copyright Office today issued its final rule adopting exemptions under the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological protection measures (TPMs) that control access to copyrighted works. The Office engages in such rulemaking every three years. This is the ninth triennial Section 1201 rulemaking since passage of the DMCA in 1998.
SpicyIP
OCTOBER 23, 2024
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).
Copyright Alliance
OCTOBER 24, 2024
Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks The International Intellectual Property Alliance (IIPA) was established nearly […] The post Strong Copyright Law Matters: The International Perspective appeared first on Copyright Alliance.
JD Supra Law
OCTOBER 25, 2024
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.
IP Watchdog
OCTOBER 24, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a district court’s finding that NextStep, Inc. failed to prove that Comcast Cable Communications infringed its patents. Judge Chen authored the majority opinion and Judge Reyna authored a partial dissent, disagreeing with the majority’s holding that one of the patents was not infringed under the doctrine of equivalents.
IP Law 360
OCTOBER 22, 2024
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.
Patently-O
OCTOBER 25, 2024
by Dennis Crouch Throughout its 40-year history, the Federal Circuit has been largely negative toward the doctrine of equivalents (and exceedingly negative toward the reverse DOE). This negativity includes repeatedly taking decisions out of the jury’s hands based upon insufficient evidence of equivalency. In a new decision, a 2-1 majority continues this trend, holding that conclusory expert testimony is insufficient even for relatively simple technologies.
JD Supra Law
OCTOBER 22, 2024
A recent decision that will allow rap group 2 Live Crew to terminate a prior transfer of its copyrighted songs to a record label is a reminder that, due to a unique provision of the Copyright Act of 1976, every company that owns copyrights through assignment is sitting on a potential timebomb with a 35-year-long fuse.
IP Watchdog
OCTOBER 22, 2024
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
IP Law 360
OCTOBER 23, 2024
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.
Barry Sookman
OCTOBER 21, 2024
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.
TorrentFreak
OCTOBER 22, 2024
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.
IP Watchdog
OCTOBER 20, 2024
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.
IP Law 360
OCTOBER 21, 2024
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.
SpicyIP
OCTOBER 22, 2024
We’re pleased to announce that National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume IX, Issue I). The last date for submissions is January 10, 2025. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.
TorrentFreak
OCTOBER 25, 2024
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.
Likelihood of Confusion
OCTOBER 20, 2024
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™.
IP Law 360
OCTOBER 24, 2024
Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.
SpicyIP
OCTOBER 23, 2024
Recently, Delhi High Court granted an interim injunction to Zydus against social media influencer Prashant Desai’s allegedly disparaging post on nutritional health drinks. SpicyIP Intern Manya Gupta analysis the Court’s rationale on disparagement and assesses the implication of this order on free speech. Manya is a fourth year student at the National Law University, Delhi.
Technology & Marketing Law Blog
OCTOBER 24, 2024
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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