Intellectual Property Law Blog

FEBRUARY 6, 2024

This article was originally posted to Law360. The America Invents Act created inter partes review in 2012. Statutory estoppel is one of the features of the statute that balances the interests of patent owners and patent challengers. The statute simply states that an IPR petitioner may not later assert in court that a claim “is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.” 35 U.S.C. § 315(e)(2).

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Plagiarism Today

FEBRUARY 6, 2024

When you're looking for images on a specific topic, Wikimedia Commons can be a godsend. Here's how to use it correct and safely. The post How to Use Wikimedia Commons for Free & Legal Images appeared first on Plagiarism Today.

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Plagiarism Public Domain Art Licensing 268

Erik K Pelton

FEBRUARY 6, 2024

Erik shares red flags to watch for and tips to protect yourself from trademark scammers in this podcast. The post Trademark Telephone Scams appeared first on Erik M Pelton & Associates, PLLC. Erik shares red flags to watch for and tips to protect yourself from trademark scammers in this podcast.

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Trademark 130

TorrentFreak

FEBRUARY 4, 2024

From the launch of its online streaming service fifteen years ago, Netflix positioned itself as a piracy competitor. The idea was to take market share away from piracy sites, by offering a legal and more convenient streaming platform. Initially, this seemed to work. Netflix amassed hundreds of millions of subscribers, some of whom left their piracy habits behind.

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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?

Technology

Kluwer Copyright Blog

FEBRUARY 8, 2024

Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. The term encompasses a variety of special regimes empowering (or obliging) authors to retain some of the usage rights over their publicly funded works vis-à-vis scientific publishers in order to facilitate open access to scientific literature.

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Plagiarism Today

FEBRUARY 5, 2024

Recently, Kat Von D won a key jury verdict in a trial over a tattoo. However, it has many copyright watchers scratching their heads. The post Why The Kat Von D Ruling is Confusing appeared first on Plagiarism Today.

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Plagiarism Copyright Fair Use Art 258

TorrentFreak

FEBRUARY 8, 2024

Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. In many cases, discussion comments are read and soon forgotten but several old threads were brought back to life recently as part of piracy liability lawsuits. The comments in question were picked up by Kerry Culpepper, a copyright attorney who leads several piracy lawsuits against Internet providers on behalf of independent film companies.

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IP Copyright Copying Litigation 143

U.S. Department of Commerce

FEBRUARY 6, 2024

Improving Program Delivery with Innovative Data Practices at the U.S. Department of Commerce February 6, 2024 KCPullen@doc.gov Tue, 02/06/2024 - 11:21 The American Rescue Plan (ARP), the Bipartisan Infrastructure Law (BIL), the Inflation and Reduction Act (IRA), and the CHIPS and Science Act provide the U.S. Department of Commerce with unprecedented new resources that can be leveraged to advance the mission of creating the conditions for economic growth and opportunity for all communities.

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Plagiarism Today

FEBRUARY 7, 2024

The Fourth Circuit Court of Appeals has just handed down a ruling that highlights how much of a shift the SCOTUS Warhol ruling is causing. The post The First Major Impact of the Warhol Ruling appeared first on Plagiarism Today.

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Plagiarism Fair Use Art Copyright Law 236

JD Supra Law

FEBRUARY 5, 2024

ChatGPT took the world by the storm after OpenAI launched it in November 2022 as a general-purpose AI chatbot that could answer questions ranging from the innocuous to the complex. Since then, similar generative AI applications and the large language models underlying them have proliferated, as have controversies over how they use the works of others.

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Trademark 121

Advertiser: IPO

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.

Patent

TorrentFreak

FEBRUARY 6, 2024

Last December, Italy’s much-debated ‘Piracy Shield’ anti-piracy system went live in a limited capacity. With a legal challenge thwarted , the blocking efforts are now gearing up, with Internet services as rightsholders’ weapon of choice. Italy’s telecoms regulator AGCOM is the arbiter and previously declared the technological and procedural rules.

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IP Technology Copyright 137

Olartemoure Blog

FEBRUARY 8, 2024

As we step into the vibrant celebration of the Chinese New Year, marked by the energy of the mighty Dragon, join us in exploring a bit if the festive season and the dynamic landscape of China’s intellectual achievemnts. Meaning of the year of the dragon: The Year of the Dragon in the Chinese calendar is considered special and auspicious as it symbolizes vitality, strength and good fortune in Chinese culture.

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Intellectual Property IP 116

Plagiarism Today

FEBRUARY 5, 2024

Universal Music Group ends partnership with TikTok, UK fails to reach AI consensus and Bored Ape Yacht Club wins more damages. The post 3 Count: Silent TikTok appeared first on Plagiarism Today.

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Plagiarism Music Art Licensing 228

JD Supra Law

FEBRUARY 5, 2024

Chanel, the renowned French luxury brand, has historically exercised immense control over the distribution of its products, which has led to its concerns about The RealReal advertising itself as a secondhand retailer of authentic Chanel merchandise.1 Chanel sells luxury fashion and cosmetic products worldwide through its own retail stores, as well as high-end specialty stores such as Saks Fifth Avenue and Nordstrom.

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TorrentFreak

FEBRUARY 7, 2024

Anna’s Archive is a meta-search engine for book piracy sources and shadow libraries. Launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, its self-stated goal is to ensure and facilitate the availability of books and articles to the broader public. A few months ago, the search engine expanded its offering by making available data from OCLC’s proprietary WorldCat database.

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SpicyIP

FEBRUARY 8, 2024

Image from here [ This post is co-authored by SpicyIP Intern Pranav Aggarwal and Swaraj Paul Barooah. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous posts can be accessed here. ] On 7 th November 2023, the Federal Trade Commission (“ FTC ”) issued a press release announcing its challenge to more than 100 patents listed in the ‘Orange Book’.

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Plagiarism Today

FEBRUARY 7, 2024

Warner Chappell asks Supreme Court to limit damages, Italy's Piracy Shield takes flight and Bitcoin's future hangs in balance at trial. The post 3 Count: Looking Backwards appeared first on Plagiarism Today.

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Plagiarism Copyright 224

IP Watchdog

FEBRUARY 9, 2024

This week in Other Barks and Bites: the CAFC revives a food slicer patent dispute and partially vacates the Patent Trial and Appeal Board on written description in two precedential rulings; DraftKings accuses a former executive of stealing trade secrets and heading to a rival gambling company ahead of the Super Bowl; and a German patent court issues and injunction that could limit some HP and Dell products from being sold in the country.

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Patent Application Patent Reporting IP 109

TorrentFreak

FEBRUARY 3, 2024

If it was possible to recall and then count every anti-piracy campaign targeted at the UK public since the dawn of the VCR, the answer would be of interest to us, because we have absolutely no idea. But maybe volume isn’t particularly important. Perhaps a better question would be this: Has an anti-piracy campaign targeting the public in the last 40+ years ever actually worked?

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Reporting Government Publishing Marketing 133

SpicyIP

FEBRUARY 5, 2024

Recently, the issue of using sound recordings during wedding festivities popped up again before the Delhi High Court in Canvas Communications v. PPL. SpicyIP intern Reva Satish Makhija discusses the dispute and gives a nuanced understanding of the oscillating debate between the executive and judiciary on this issue. Reva Satish Makhija is a 3 rd Year law student at Jindal Global Law School, Sonipat.

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Copyright Licensing Intellectual Property Music 110

Plagiarism Today

FEBRUARY 6, 2024

DISH Network and Datacamp settle safe harbor case, manga leakers in Japan arrested and Nigerian court postpones major copyright lawsuit. The post 3 Count: DataCamp Settlement appeared first on Plagiarism Today.

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Settlement Plagiarism Copyright 209

Technology & Marketing Law Blog

FEBRUARY 7, 2024

I previously summarized this case: This is a tragic case involving the marketplace app Letgo. Using an alias, Brown listed a stolen car for sale on the app. The Rolands agreed to meet Brown in person to buy the car. At the meeting, Brown tried to rob them at gunpoint. When the husband fought back, Brown shot them both dead. This lawsuit seeks to hold Letgo liable for the murders.

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TorrentFreak

FEBRUARY 9, 2024

From the very beginning and from every possible angle, this story makes almost no sense. But it will, eventually. By chance, when trying to track down a document a few weeks ago, a.pdf file with ‘IPTV’ in the description suddenly stood out in Google search results. Interesting things can appear by pure luck but, on first view, the document seemed quite mundane.

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Publishing Reporting Marketing Marketing 125

IP Watchdog

FEBRUARY 8, 2024

On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v. Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. The Fourth Circuit further found that professional photographer Larry Philpot was entitled to summary judgment on the validity of his copyright registration, vacating the Eastern District of Virginia’s determination that a genuine dispute of material fact exis

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Fair Use Journalism Registration Copyright 105

Plagiarism Today

FEBRUARY 8, 2024

Graffiti artists sue Guess and Macy's, UK MP says government needs to reconsider their approach to AI and bar sparks Bluey backlash. The post 3 Count: Graffiti Shirts appeared first on Plagiarism Today.

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Plagiarism Government Art Copyright 208

SpicyIP

FEBRUARY 9, 2024

Image from here On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024. As discussed by Pragya Singh and Lakshita Handa, here , the proposed Rules are marred with inconsistencies and can surely benefit from an assessment through the principles of simplicity, rationality, accountability and accessibility.

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TorrentFreak

FEBRUARY 8, 2024

In the early 2000s, powerful entertainment industry groups were demanding action to prevent “wholesale theft” of their content online, much of it at the hands of regular customers of the world’s ISPs. That very little content was available to buy legally online not only helped to fuel the crisis, in this underdeveloped market many ISPs still had just one key product to sell; internet access and the bandwidth it consumed.

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Law Publishing Marketing Marketing 122

Olartemoure Blog

FEBRUARY 9, 2024

Why does pizza come in cardboard boxes? How did we come to enjoy pizza the way we do today? While the origins of National Pizza Day remain shrouded in mystery, one thing’s for sure—we all know how to relish a good slice. In the spirit of celebrating this beloved day, let’s explore some of the fabulous inventions that have played a role in shaping our modern—and cozy—pizza experience.

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Plagiarism Today

FEBRUARY 8, 2024

The Copyright Claims Board is on track to decide a case that deals with fair use, the controversial comedian Andrew Dice Clay. The post Fair Use, Andrew Dice Clay and the CCB appeared first on Plagiarism Today.

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Fair Use Plagiarism Copyright 203

SpicyIP

FEBRUARY 5, 2024

Image from here [ This post is authored by SpicyIP intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here. ] Some journals have a practice of providing research prompts on which people can potentially write.

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TorrentFreak

FEBRUARY 4, 2024

In recent years, copyright holders have paid close attention to a growing number of large piracy services with connections to Vietnam. Representatives of the Motion Picture Association ( MPA ) and the Alliance for Creativity and Entertainment ( ACE ), went as far as traveling to the Asian country to discuss the problem with local authorities. The problematic sites and services, which include Fmovies, AniWave, 123movies, BestBuyIPTV, 2embed, and Y2mate, have many millions of monthly users globall

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Branding Branding Brands Music 121

IP and Legal Filings

FEBRUARY 7, 2024

INTRODUCTION A buy now, pay later plan (BNPL) is a loan offered to a customer at the point of sale so they can purchase items on credit but without a credit card. This Credit system in India has saw a massive growth of 569% in 2020 and 637% in 2021. But recently on 20 th June 2022 The Reserve Bank of India made an announcement that shock the entire BLPL industry, this notification disallowed Non-Banks prepaid wallets and prepaid cards from loading credit lines into these platforms, in simple wor

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Licensing Law IP Business 100

JD Supra Law

FEBRUARY 9, 2024

The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for….

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Fair Use 103

SpicyIP

FEBRUARY 8, 2024

Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024 inviting comments on the proposed rules by February 09. However, much like the proposed Patent (2nd Amendment) Rules, 2024, the proposed Trade Mark Rules are marred with ambiguities. Assessing the proposed rules from the lens of the SARAL framework , we are pleased to bring to you this guest post by Pragya Singh and Lakshita Handa.

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TorrentFreak

FEBRUARY 6, 2024

When over 100 officers of Italy’s ‘Penitentiary Police’ carried out a massive anti-contraband operation inside the Velletri prison last week, the spoils were widely reported in the media. The seizure of a small amount of drugs got a mention, likewise the seizure of six phones, chargers, and a PlayStation console. But what really sparked imaginations was the discovery of pirate set-top boxes, which apparently allowed users to “access various pay TV contents such as Sky, Ne

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Social Media IP Reporting Copyright Law 119