Sat.Feb 22, 2025 - Fri.Feb 28, 2025

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Plagiarism, Transparency and the Case of Pamela Whitten

Plagiarism Today

In January, IU president Pamela Whitten was accused of dissertation plagiarism. But the school won't release the report that cleared her. The post Plagiarism, Transparency and the Case of Pamela Whitten appeared first on Plagiarism Today.

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U.S. Government Seizes Dozens of Pirate Sports Streaming.Dev Domains

TorrentFreak

Earlier this month, U.S. authorities quietly initiated a new round of domain name seizures, targeting dozens of pirate sports streaming sites. The timing of the law enforcement actions coincided with the Super Bowl, presumably to establish maximum impact. Additional domain seizures were carried out in the days after, and then continued this week. These actions did not focus on a specific pirate streaming site but targeted popular pirate brands instead.

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[Guest post] The Afe Babalola-Dele Farotimi saga: Copyright royalties for defamation?

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams (University of Antwerp) on the ongoing legal battle between Chief Afe Babalola and Dele Farotimi, which raises the question whether it might be appropriate to seek copyright royalties as a remedy for defamation. Here is what Seun writes: The Afe Babalola-Dele Farotimi saga: Copyright royalties for defamation?

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AI Regulation and Legal Trends in the U.S and Abroad

JD Supra Law

The Evolving Role of AI/ML in Healthcare - The use of artificial intelligence/machine learning (AI/ML) in healthcare is evolving rapidly and introducing new challenges. Not only are medical devices using AI for diagnostics, which has been around for decades, but we are also seeing new and innovative uses of AI, including generative AI within organizations, whether for coding, combing data for insights and trends, among many other applications.

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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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USPTO Facing Additional Cuts: What’s Core vs. Expendable

Patently-O

by Dennis Crouch As federal agencies begin to respond to the new Republican Administration's agency reorganization directive, the USPTO finds itself in an unusual position. Unlike many federal agencies, the USPTO operates primarily on user fees rather than appropriated funds. However, this self-funding status does not exempt the agency from the new "Department of Government Efficiency" (DOGE) initiative requiring agencies to develop plans for "large-scale reductions in force" (RIFs) by March 13,

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VPN Providers Consider Exiting France Over ‘Dangerous’ Blocking Demands

TorrentFreak

Copyright holders see pirate site blocking as an effective and proportional tool to combat widespread online piracy. Over the years, courts and lawmakers in dozens of countries have agreed, resulting in a patchwork of blocking regimes around the globe. Initially, these efforts focused on residential ISPs as the key intermediaries. While these companies were not blamed directly, they were the go-to parties to implement blocking.

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Dechert Cyber Bits - Issue 71

JD Supra Law

English High Court Rules that "Relatively High" Consent to Cookies and Profiling is Required Where Individual is Vulnerable - In a dispute between an individual claimant who was a recovering gambling addict and two defendants operating the Sky Betting and Gaming brand of online gambling platforms, the High Court ruled that a relatively high level of consent to cookies and profiling was required where the individual is vulnerable.

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Who and What the DMCA Protects

Plagiarism Today

The DMCA notice-and-takedown system is one of the common copyright interactions online. But who and what is it supposed to protect? The post Who and What the DMCA Protects appeared first on Plagiarism Today.

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Second U.S. Pirate Site-Blocking Bill Incoming: MPA, Google, Verizon Met to Discuss

TorrentFreak

Over 12 years in the making, the Foreign Anti-Digital Piracy Act was introduced by Rep. Zoe Lofgren (D-CA) late last month. Carefully crafted to avoid the controversies of the failed SOPA bill in 2012, FADPA’s central aim is to provide a framework to facilitate mass site-blocking measures in the United States, targeting foreign pirate sites. Importantly, FADPA seeks legal amendments to shield subjected ISPs from liability.

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The Philips DVD SEP Case: Looking at the DHC’s Decision on Foreign Applications and Damages

SpicyIP

Image from here In an interesting development for SEP watchers, the Delhi High Court (DHC) passed a common judgement ( Philips v. Maj. (Retd) Sukesh Behl ) in three cases concerning allegations of infringement of a Standard Essential Patent relating to Philips DVD player technology. Filed in 2012, the decision comes after 13 years with the litigation having outlived not only the suit patent, and the DVD industry, but also the institution that declared it essential !!

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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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Client Alert: US Supreme Court Rules Trademark Plaintiffs Cannot Recover Profits from Defendants’ Affiliates, Overturns $43M Award in Dewberry Trademark Case

JD Supra Law

On February 26, 2025, in a unanimous opinion, the US Supreme Court vacated a $43 million trademark infringement award and ruled that trademark plaintiffs cannot recover profits from defendants affiliates when those affiliates are not themselves named as defendants in the lawsuit. The Supreme Courts decision vacated plaintiff Dewberry Engineers award because it disgorged profits from defendant Dewberry Groups affiliates without those affiliates being parties to the suit.

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The power of reputation: EUIPO confirms stronger protection for renowned trade marks

The IPKat

Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO refused the registration of CHOPIN for several goods in Classes 29, 30, and 32 of the Nice Classification due to the risk of free-riding on the reputation of the earlier trade mark CHOPIN under Article 8(5) EU Trade Mark Regulation (EUTMR). The opponent's renowned trade mark for vodka Background Manfred Ogrodowczyk (applicant) filed an application to register the word CHOPIN in 2022.

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DMCA Notices Took Down 31,151 GitHub Projects Last Year

TorrentFreak

GitHub , home to hundreds of millions of code repositories, takes pride in being the largest and most advanced development platform in the world. Like other platforms that host user-generated content, this massive code library occasionally runs into copyright infringement issues. Pirate Troubles One of the ‘pirate’ issues GitHub faces is a constant stream of scammy pirate advertisements posted to the site.

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Disney’s ‘Moana’ Is on Trial—But Should It Be?

Copyright Lately

A five-year copyright battle over ‘Moana’ is heading to trialdespite the works sharing only broad thematic similarities. Heres why, and what you need to know. For the second time in two months, a substantial similarity lawsuit is heading to trialthis time over Moana , one of Disneys most successful and enduring animated films. This latest copyright clash follows Januarys Gregorini v.

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The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits From Named Defendants’ Affiliates Without Suing The Affiliates Themselves

JD Supra Law

On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendants affiliates could be held liable for payment of a disgorged profits award even if they were not named as defendants in the case. In a decision authored by Justice Elena Kagan, the Supreme Court remanded the case holding that federal trademark law did not authorize the lower courts to disgorge profits from affiliates of the sole named.

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The benefits and pitfalls of drug manufacturing IP (T 2543/22)

The IPKat

The Board of Appeal decision in T 2543/22 relates to a manufacturing method for preparing a therapeutic peptide. The Board of Appeal found that whilst various methods were known, the skilled person would not have had a reasonable expectation of success in applying them to produce the specific claimed peptide. The case highlights some interesting aspects of pharma IP strategy, particularly as related to manufacturing IP and whether this is best protected with patents or trade secrets.

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Did a Court Really Authorize Internet Service Providers to Block Cloudflare?

TorrentFreak

With the prospect of future piracy taking place within encrypted networks designed for connectivity and enhanced privacy , the current concept of blocking may have limited shelf life. Yet, the commitment to blocking shows no sign of retreat. Blocking requests are now so common that even the courts have grown accustomed to their frequency. Given the often harmonious outcome, some courts allow plaintiffs and defendants to solve their own problems, rather than get unnecessarily involved in the mech

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‘Star’ring In Conflict: Rogue IPTV Players Meet Star India In IP Battle

SpicyIP

[This post is authored by Tanishka Goswami. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Her previous posts can be accessed here.] Though a recipient of widespread international popularity for its cost-effectiveness in accessing varied entertainment, news and sports content, the use of IPTV technology has always been clouded by legal challenges.

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Who Owns Creativity? — AI in Entertainment

JD Supra Law

The use of artificial intelligence (AI) in the film and television industry in content creation raises many legal and business issues. One key issue is the ownership of the works generated using AI and the ability to register a copyright in such works. A new report from the Copyright Office provides some clarity on the requirement for human contribution to works and offers some opportunities for production companies and studios to: (i) craft policies on how AI is used in the creative processes.

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CJEU clarifies jurisdiction rules for European patent enforcement: BSH Hausgeräte vs. Electrolux AB

The IPKat

Earlier this week the CJEU provided its ruling in the highly anticipated case of BSH Hausgerte v. Electrolux (Case C-339/22, February 2025). The case addressed longstanding questions about the jurisdiction of European courts when patent invalidity is raised as a defence in an infringement case. The CJEU found that national courts maintain jurisdiction over infringement claims against defendants domiciled in their territory, even when invalidity of foreign patents is raised.

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3 Count: Polynesian Lessons

Plagiarism Today

Trial over Disney's Moana begins, Telegram shuts down Z-Library channel and DAZN says that sports piracy is a crisis. The post 3 Count: Polynesian Lessons appeared first on Plagiarism Today.

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Biodiversity and Digital Innovation: A Symbiotic Relationship for a Sustainable Future

Intepat

Introduction The 21st century has placed humanity very directly at two crossroads: rapid, unprecedented loss of biodiversity and the urgent requirement of development. Biodiversity is the variety of life on Earth, and it underpins the stability of ecosystems, human well-being, and the health of the planet itself. Habitat destruction, climate change, pollution, as well as overexploitation of resources, have all led to a decline of species and ecosystems that has not been seen before.

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Competitive AI Use May Raise IP Issues

JD Supra Law

As more and more companies employ artificial intelligence (AI) in their business activities, novel legal questions continue to arise. Of particular note is the application of existing principles of intellectual property (IP) law to new AI technologies. Such concerns are not limited to enterprises in the content creation space. Given the manner in which AI algorithms are programmed, trained, and deployed, any company employing AI for competitive business purposes should be mindful of IP.

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Red flags and red lines – Important, but not protectable as position marks

The IPKat

Position marks are an intriguing type of sign because they do not only consist of the sign itself but also its particular placement on the product ( Art. 3(3)(d) EUTMIR ). Two recent decisions from the General Court ( here and here ) deal with the question of distinctiveness of rather simple types of such signs. Background The first decision concerns the application of the company Doorinn for the following EU trade mark : The mark was filed for mattresses for medical purposes in class 10 and mat

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Delhi High Court Orders Amazon to Pay Rs. 339 Crore Damages: A Wake-Up Call for E-Commerce Giants on Counterfeit Goods

Selvam & Selvam Blog

In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. 339.25 crore in compensatory damages for the sale of counterfeit Beverly Hills Polo Club (BHPC) goods on its platform. This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity.

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3 Count: Needy Removal

Plagiarism Today

Artist Jeff Koons gets lawsuits dismissed, trial over the film Moana begins and cover of unreleased Taylor Swift song taken down. The post 3 Count: Needy Removal appeared first on Plagiarism Today.

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Indian Music Industry Enters the Global Copyright Debate Over AI

JD Supra Law

The legal battles surrounding generative AI and copyright continue to escalate with prominent players in the Indian music industry now seeking to join an existing lawsuit against OpenAI, the creator of ChatGPT. On February 13, 2025, industry giants such as Saregama, T-Series, and the Indian Music Industry (IMI) presented their concerns in a New Delhi court, arguing that OpenAIs methods for training its AI models involve extracting protected song lyrics, music compositions, and recordings.

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Rock on – Court of Appeal dismisses appeal against High Court’s refusal to strike out claims in Jimi Hendrix Experience litigation

Kluwer Copyright Blog

Image by ReneSchulze1984 from Pixabay In Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd [2025] EWCA Civ 66, the Court of Appeal has dismissed an appeal against the High Courts refusal to grant summary judgment or strike out copyright and performers rights claims regarding the exploitation of the studio albums of eponymous rock band, the Jimi Hendrix Experience (JHE).

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Copyright’s Big Win in the First Decided US Artificial Intelligence Case

Velocity of Content

This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp. V Ross Intelligence, Inc. Predicting the timing of court decisions is a fools errand, and this fool was repeatedly wrong in his predictions on timing.

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3 Count: Sound of Silence

Plagiarism Today

Musicians release silent album to protest AI, songwriter added to Olivia Marsh song and VPN providers consider leaving France. The post 3 Count: Sound of Silence appeared first on Plagiarism Today.

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Legal Lens on the Unified Patent Court | Q1 2025

JD Supra Law

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermotts intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter aims to keep patent holders and legal departments well-informed. McDermotts on-the-ground team in Germany, France, the United Kingdom, and the United States offers a unique cross-border perspective on issues to help put them in a global context.

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TTAB Posts March 2025 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee--Bee) has scheduled only two (2!) oral hearings for the month of March 2025. Both will be held virtually. Briefs and other papers for each case may be found at TTABVUE via the links provided. March 5, 2025 - 11 AM [Virtual]: Asustek Computer Incorporation v. ASOS plc , Opposition No. 91264402 [Opposition to registration of the mark ASOS for downloadable application software and downloadable publications for mobile devices for the purpose of the retai

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What Reuters Ruling Means For AI Fair Use And Copyright

IP Law 360

A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

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The Deathcore Flyer Plagiarism Battle

Plagiarism Today

The deathcore band Oceano has found itself at the center of controversy after an artist accuses it of plagiarizing his flyer design. The post The Deathcore Flyer Plagiarism Battle appeared first on Plagiarism Today.

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Federal Circuit Polishes § 101’s Abstract Idea Test

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. 101. The Court concluded that the Commissions loose and generalized analysis did not adequately consider the specific and technical improvements specified by the claims.

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