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.
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.
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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
SpicyIP
OCTOBER 21, 2024
Here is our recap of last week’s top IP developments including summaries of the posts on the DHC’s decision regarding consumer confusion in “Hush Products”, US antitrust case against numerous publishing houses, strategy to register trademarks in grayscale, and DHC’s decision on claim amendments. This and a lot more in this week’s SpicyIP Weekly Review.
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.
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
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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.
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.
TorrentFreak
OCTOBER 19, 2024
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.
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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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.
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.
TorrentFreak
OCTOBER 24, 2024
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.
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.
Traverse Legal Blog
OCTOBER 24, 2024
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?
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
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.
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.
JD Supra Law
OCTOBER 23, 2024
Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).
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.
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.
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.
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™.
The IPKat
OCTOBER 20, 2024
This is a review of the newest edition of The Protection of Geographical Indications: Law and Practice (Edward Elgar, 2024) by Michael Blakeney (University of Western Australia). Now in its third edition, the text provides detailed commentary on the European laws on geographical indications (GIs) and related areas of law. The book is currently available in hardback and ebook formats.
TorrentFreak
OCTOBER 23, 2024
More than twelve years after an unprecedented law enforcement operation shut down file-sharing giant Megaupload, founder Kim Dotcom remains in New Zealand. The battle to avoid extradition to the United States has been fought tooth and nail, year in and year out, in various New Zealand courts. With no stone left unturned, no expense spared, and no point of leverage too microscopic to test to destruction, no person alive can claim the process wasn’t thorough.
The Illusion of More
OCTOBER 24, 2024
A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming […] The post Generative AI’s Analogs to Technological Disruptions of the Past appeared first on The Illu
Likelihood of Confusion
OCTOBER 21, 2024
Originally posted 2018-03-28 16:02:26. Republished by Blog Post PromoterEver earnest and always thinking trademarkily, friend Erik Pelton proposes “Three Misconceptions about Trademarks”: Since I began working in the field of trademarks I have seen and heard a lot of myths and misconceptions about trademark protection. Here are some of the most common ones: “Trademark protection […] The post Trademark misconceptions abound appeared first on LIKELIHOOD OF CONFUSION™.
Copyright Lately
OCTOBER 20, 2024
Jury awards American Airlines $9.4 million in copyright damages against Skiplagged—but the website’s business model remains largely unaffected. Talk about a case of the tail wagging the dog. On Tuesday, a Texas jury awarded American Airlines $9.4 million in damages in its lawsuit against Skiplagged , a website that helps travelers score cheaper flights by deliberately skipping the final leg of their itinerary.
The IPKat
OCTOBER 19, 2024
Enjoying the seasonal foliage Another week has come to an end and, as usual, it is time to catch up with opportunities and events in the IP world, as well as some news regarding the IPKat Team. IPKat Team GuestKat Nedim Malovic is taking a break from blogging. We thank him for all his contributions to the blog over the years and we look forward to welcoming him back in due course.
JD Supra Law
OCTOBER 24, 2024
In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party e-commerce company could be “found.” The Tenth Circuit concluded that whether an e-commerce company is “found” in a district for purposes of jurisdiction is determined based on whether its officers or agents carry out the company’s business there, not on the manner in which.
Intepat
OCTOBER 23, 2024
In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators. This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age.
Velocity of Content
OCTOBER 23, 2024
This analysis originally appeared in Research Information. Republished with permission. Last October, cybercriminals stole personal and sensitive data from millions of files on servers at the widely used British Library in London. In the process, they encrypted or destroyed large portions of the institution’s server estate, locked users out of the network and, on their way out, destroyed system infrastructure to hinder recovery efforts.
The IPKat
OCTOBER 22, 2024
Here is a weekly catch-up of what you might have missed! Copyright Katfriend Lucius Klobučník (Aston University) reported on the decision of the Spanish Competition Authority of June 2024. CMO SGAE arranged their licensing fees according to the “flat rates” instead of “effective use rates.” This charge was considered unfair due to the dominant position of SGAE in the market.
JD Supra Law
OCTOBER 21, 2024
In Teva Branded Pharm. Prods. R&D v. Amneal Pharms. of N.Y., LLC, the US District Court for the District of New Jersey ordered Teva to delist five patents from the Food and Drug Administration (FDA)’s Approved Drug Products with Therapeutic Equivalence Evaluations (commonly referred to as the Orange Book). The court held that those patents did not satisfy the requirements for listing in the Orange Book, finding that the patents did not claim the drug or drug product for which the associated
IP Watchdog
OCTOBER 25, 2024
This week in Other Barks & Bites: the USPTO is changing its approach to auditing trademark applications; the production company behind Blade Runner 2049 sues Tesla for AI-aided copyright infringement;a former OpenAI staffer publishes an essay accusing his former employer of breaking copyright law; and Microsoft’s CEO asks countries to change their copyright law.
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