Sat.Jan 04, 2025 - Fri.Jan 10, 2025

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Impact of AI on Global IP Systems

IIPRD

Introduction What is Artificial Intelligence? Creating computer systems capable of carrying out activities that need human intellect is known as artificial intelligence or AI. AI analyses vast volumes of data to spot trends and conclude from the material it has gathered. This may be accomplished by using methods like robotics, computer vision, natural language processing, and machine learning.

IP 91
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Why is Microsoft Impersonating Google?

Plagiarism Today

Microsoft is facing allegations of tricking its users into searching with Bing. But what can be done to stop it? The post Why is Microsoft Impersonating Google? appeared first on Plagiarism Today.

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25 Classes of Goods and Services at the USPTO

Erik K Pelton

The following is an edited transcript of my video 25 Classes of Goods and Services at the USPTO. When applying to register a trademark at the USPTO, it is important to know about goods and services and their classification. The classification is important because it’s required by the USPTO, and one of the reasons it’s required is that it aligns our system with other systems around the world.

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U.S. Trade Representative Lists the Most Notorious Piracy Threats

TorrentFreak

The United States Trade Representative ( USTR ) published its annual Out-of-Cycle Review of Notorious Markets a few hours ago. The non-exhaustive list includes dozens of sites and services linked to piracy or counterfeiting activity. The report is largely based on input from copyright industry groups, including the RIAA and MPA. Platforms detailed in recommendations filed late last year, are meant to serve as ‘prominent and illustrative examples’ without the USTR drawing any legal co

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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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First Circuit: Lizzie Borden Themed Coffee Shop Serves Different Goods to Different Consumers from Guests at Lizzie Borden Bed and Breakfast

JD Supra Law

How many years must pass before a grisly murder can support a marketing effort? Apparently, something less than the 132 years since Lizzie Bordens father and stepmother were axe murdered in Fall River, Massachusetts. (Yes, the passive voice is intentionala jury acquitted prime suspect Lizzie, and the murders remain unsolved.).

Marketing 104
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3 Count: Paella Piracy

Plagiarism Today

Anthropic reaches deal with music publishers, Illinois club sued by BMI and restaurant chain accuses former employees of trade secret theft. The post 3 Count: Paella Piracy appeared first on Plagiarism Today.

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New USPTO Fee Rule for Continuing Applications: Key Changes and Strategic Considerations for Applicants

IP Watchdog

On November 20, 2024, the U.S. Patent and Trademark Office (USPTO) published a final rule introducing a significant new fee structure for continuing patent applications. This rule, set to take effect on January 19, 2025, establishes additional fees for any continuing application filed at least six years after its earliest benefit date (EBD). The final rule identifies EBD as the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and ?

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IP Forecast: OpenAI, Microsoft Look To Toss NYT Case

IP Law 360

OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use.Here's a spotlight on where that case stands plus all the other major intellectual property matters on deck in the coming week.

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3 Count: Bigger Than Disney

Plagiarism Today

Romantsy authors battle over book similarities, 3Blue1Brown video restored and popular anime pirate site passes Disney. The post 3 Count: Bigger Than Disney appeared first on Plagiarism Today.

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A Decade of FTC v. Actavis: The Reverse Payment Framework is Older, but Are Courts Wiser in Applying It

JD Supra Law

In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of so-called reverse paymentspatent litigation settlement payments from brand pharmaceutical manufacturers to generic companies challenging the brands patentmight "sometimes" violate the antitrust laws.

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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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INTA Urges EUIPO Grand Board to Confirm Human Face Marks are Not Excluded from Trademark Registration

IP Watchdog

The International Trademark Association (INTA) announced today that it has filed an amicus brief in a referral to the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) that asks for clarification on registering human faces as trademarks. INTA urged the Grand Board to confirm that signs consisting of photorealistic facial images of people, including famous ones, are not per se excluded from trademark protection.

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Tesla Gets PTAB To Trim Patents In AI Vehicle Fight

IP Law 360

An administrative patent board has issued several rulings on patents covering the use of artificial intelligence in self-driving vehicles, largely won by Elon Musk's Tesla Inc. and the subject of litigation in Delaware federal court.

Patent 98
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Plagiarism in Pop Culture: Assassins Creed: Origins

Plagiarism Today

Though plagiarism isn't a common plot point for video games, Assassin's Creed: Origins has a plagiarism-related quest. Here's how it holds up. The post Plagiarism in Pop Culture: Assassins Creed: Origins appeared first on Plagiarism Today.

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3 Reasons for a Trademark Watch Service

Erik K Pelton

Why monitor your registered trademark? Erik shares 3 reasons why this is valuable for your brand in this episode. Learn more about monitoring at [link] The post 3 Reasons for a Trademark Watch Service appeared first on Erik M Pelton & Associates, PLLC. Why monitor your registered trademark? Erik shares 3 reasons why this is valuable for your brand in this episode.

Trademark 130
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Patent Pools, Patent Dealmaking and Outrageously Good Audio

IP Watchdog

This week on IPWatchdog Unleashed we speak with Heath Hoglund, President of Via Licensing Alliance. The conversation takes us deep into the world of audio, video, standard essential patents, patent pools, patent licensing, patent dealmaking, inevitable patent litigation that is often necessary when so much money is at stake, and much more.

Patent 111
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Netflix Nixes Another Broadcom Patent Claim Under Alice

IP Law 360

A California federal judge on Wednesday granted Netflix a partial win in a patent infringement suit Broadcom lodged against the streaming giant, finding a claim for one remaining patent in the dispute invalid for being directed to a "familiar concept rooted in history" and lacking any inventive concept.

Patent 88
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Honey and the Importance of Attribution

Plagiarism Today

The popular browser extension Honey is being accused of robbing creators of earned commissions. It's a legal fight over attribution. The post Honey and the Importance of Attribution appeared first on Plagiarism Today.

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Want to Partner with a College Student Athlete? What Businesses Should Know About NIL Deals | Insights

JD Supra Law

Name, image, and likeness (NIL) deals are analogous to endorsement deals, where businesses contract with a person to promote a product or service, but "NIL deals" is typically used to refer to agreements with college student athletes. Since 2021, NIL deals have allowed student athletes to earn money and work with brands while in school, but they require brands to undertake additional steps above and beyond those required when working with a celebrity or influencer who is not a student athlete.

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USPTO awkwardly forgets to follow the rules on trademarks for grass varieties. but naming conflict still resolves amicably

The IPKat

A story came to this Kat's attention at the end of last year , which highlights that developing a good trademark strategy sometimes requires good awareness of plant variety names. The story also shows that examiners mustn't forget about the requirement to consult the plant variety register for conflicting denominations when a trademark specification includes plants.

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UK Court Sentences ‘Pirate’ Fire Stick Seller to Two Years in Prison

TorrentFreak

Offering pirate streaming services is a serious offense in the UK, where several people have received multi-year prison sentences. Last Friday, another seller was added to this growing list. At York Crown Court, 41-year-old Sunny Kanda from Wheatley, Halifax, was sentenced to two years in prison for selling modified Fire Sticks that provided access to pirate IPTV streams.

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3 Count: Notorious Markets 2025

Plagiarism Today

US releases 2025 Notorious Markets report, EFF files brief in DMCA subpoena case and House of the Dragon tops piracy lists. The post 3 Count: Notorious Markets 2025 appeared first on Plagiarism Today.

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Overview on the functioning of the trademark system in Europe - Pharma Marks Insights series: Part II

JD Supra Law

As we have seen in the first article of our series, trademarks play an important role in the protection of your pharmaceutical and life science products and can add significant value. But to understand the benefits but also the limits of your trademarks, in particular with the added complexity of market authorization proceedings for products in the field of pharma and life science, it is of paramount importance to get a sense on the functioning of the trademark system in the EU.

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The dubious utilitarian argument for granting copyright in AI-generated works

Kluwer Copyright Blog

In a recent chapter, Ryan Abbott and Elizabeth Rothman present the utilitarian argument for granting copyright in AI-generated works (hereafter AIGW). Aspects of their argument also find expression in the recently launched UK Intellectual Property Office (UKIPO) consultation on AI. In response, this post outlines my scepticism. The utilitarian arguments supporting copyright in AIGW are empirically speculative and theoretically dubious.

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Bridging Borders: How Customs Laws Shape Trademark Protection in India

IP and Legal Filings

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands. As against this, customs law governs the entry and exit of goods in and out of the country under the Customs Act, 1962.

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South Korean First Lady Accused of Plagiarizing Thesis

Plagiarism Today

The First Lady of South Korea is facing allegations of plagiarism in her thesis. This news comes at a very bad time for her and her husband. The post South Korean First Lady Accused of Plagiarizing Thesis appeared first on Plagiarism Today.

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Are Text Prompt Commands to AI Enough To Show Creative Human Authorship? [Part 1]

JD Supra Law

About a year ago, I read an article about an image generated by artificial intelligence that was refused registration by the U.S. Copyright Office. Mr. Jason Allen, a digital artist based in the State of Colorado, created this particular image using the Generative AI tool called Midjourney..

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EFF Sides with Cox to Protect Piracy-Accused Internet Users from ‘Copyright Trolls’

TorrentFreak

In the early 2000s, the music industry took a stand against online piracy by going after tens of thousands of alleged pirates through U.S. courts. The RIAA tracked down IP addresses of suspected music pirates and requested corresponding DMCA subpoenas, hoping to link these addresses to subscribers’ contact details. This initially worked well. However, as the practice became more common ISPs began to object.

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Thursday Thingies

The IPKat

Also looking for an "opportunity". A new year has just begun and, as expected, new IP adventures and opportunities are on the horizon as well! Take a look below and, as always, do not forget to check our Events page on a regular basis. Katcall The IPKat is seeking to "recruit" new GuestKats and InternKats. If that sounds like your (Kat)calling, do not forget to apply by 20 January 2025.

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3 Count: Shattered Reputation

Plagiarism Today

UK court sentences fire stick pirate to two years prison, Belgian artist wins big in China and Sci-Hub continues to host retracted papers. The post 3 Count: Shattered Reputation appeared first on Plagiarism Today.

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The Life Sciences Report – January 2025

JD Supra Law

This latest edition features an interview with retiring longtime Wilson Sonsini IP partner Vern Norviel and articles on MedTech and pharma trends for 2025, the eligibility of life sciences companies for qualified small business stock, what life sciences companies need to know about brands, double-patenting jeopardy, and life sciences venture financings for clients across 2H 2023 and 1H 2024.

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Patents as Product Liability Admissions: A Cert Petition Highlights Novel Use of Patent Filings in Whistleblower Case

Patently-O

by Dennis Crouch A fascinating cert petition filed last week ( Peterson v. Minerva Surgical ) uses Minerva’s patents in an innovative way — attempting to use the company’s patent filings as evidence of prior knowledge of product safety issues. The petition, filed by former Minerva Surgical area sales director Dan Peterson, argues that the company’s patent application for an improved surgical device directly contradicted testimony it later gave in whistleblower retaliation

Patent 75
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‘Strike 3’ Filed a Record Number of Piracy Lawsuits in 2024

TorrentFreak

The ease with which IP addresses and BitTorrent downloads can be tracked has created a fertile ground for copyright lawsuits. This inherent transparency has fueled thousands of lawsuits against alleged video pirates, both in the U.S. and around the world. In the United States, Strike 3 Holdings has emerged as a key player in this legal landscape. The company, known for adult entertainment videos published under the ‘Milfy’, Tushy, and Vixen brands, pursues legal action against those

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AI Lawsuit Developments in 2024: A Year in Review

Copyright Alliance

The proliferation of generative artificial intelligence (GAI) models over the past few years has given rise to well over thirty copyright infringement lawsuits by copyright owners against GAI developers. While […] The post AI Lawsuit Developments in 2024: A Year in Review appeared first on Copyright Alliance.

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Is It Really Illegal for Me to Repair My Own Machines?

JD Supra Law

In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to repair the machines they own.

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Common Law Trademarks: Protect Your Brand Without Registration

Corsearch

Building a brand is no small task. But once youve invested time and effort into your unique name, logo, or slogan, protecting it is essential. While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees.