Sat.Aug 12, 2023 - Fri.Aug 18, 2023

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Why Filing Your Trademark Application Early Matters

Erik K Pelton

The following is an edited transcript of my video Filing Your Trademark Application Early: A Cautionary Tale. It’s very important to file your trademark for protection as early as possible for a variety of reasons. One reason is that USPTO takes a really long time, but more importantly, protection begins in many instances when the trademark application is filed, and so it can be a big difference filing now versus filing a year from now.

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Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

Hugh Stephens Blog

The platform for exchange of ideas and expression provided by the internet is, as I think everyone today now knows, a two-edged sword. It can empower thinkers and promote freedom, but it can also provide a platform for anonymous spewers of hatred and misinformation in all its forms. The question of who is responsible for … Continue reading "Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

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Hundreds of Crane Operators Accused of Cheating on Exams

Plagiarism Today

A recent lawsuit details a years-long scheme to cheat on certification tests for crane operators that involved hundreds of candidates. The post Hundreds of Crane Operators Accused of Cheating on Exams appeared first on Plagiarism Today.

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This is the last SLANTS song I’ll ever sing for you

Likelihood of Confusion

For now. It was exciting last Friday, arguing the appeal of the THE SLANTS*, at the Court of Appeals for the Federal Circuit! A little too exciting, so much so. The post This is the last SLANTS song I’ll ever sing for you appeared first on LIKELIHOOD OF CONFUSION™.

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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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Bold Branding: The Little Touches Make a Big Difference

Erik K Pelton

Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand. The post Bold Branding: The Little Touches Make a Big Difference appeared first on Erik M Pelton & Associates, PLLC. Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand.

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5 Key Takeaways - How to Effectively Leverage the Chinese Patent System to Further Your Company's Interest in China and Beyond

JD Supra Law

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in intellectual property law and any impact on the legal and business landscapes, potential challenges and opportunities, possible legislative reforms, and more.

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Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers

The IP Law Blog

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC , and affirmed the trial court’s ruling that Instagram, a social media platform, could not face liability for secondary infringement under the “Server Test” because plaintiffs could not prove infringement of their copyrighted

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Beware of Trademark Publication Scam from NTPS

Erik K Pelton

Scam alert from NTPS! This looks essentially identical to past scams, but with a new “name” from NTPS or ntp-register.com and a new address at 306 Exchange Blvd, Ste 400-17, Bethlehem, GA 30620. The offer asks for $1,450. The address appears to be a UPS Store. These “publication” offerings are worthless. For more, see the Trademark Scam Decision Tree.

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Newman, Fed. Circ. Committee Call Mediation 'Unsuccessful'

IP Law 360

Federal Circuit Judge Pauline Newman and colleagues she claims launched an unconstitutional investigation against her told a D.C. federal judge Friday that mediation was "unsuccessful" and they should proceed with litigation.

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3 Count: SportsBay Millions

Plagiarism Today

Judge agrees to judgement in Internet Archive case, X seeks dismissal of copyright lawsuit and SportsBay hit with massive damages. The post 3 Count: SportsBay Millions appeared first on Plagiarism Today.

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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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File-Hosting Icon AnonFiles Throws in the Towel, Domain For Sale

TorrentFreak

Founded in 2011, AnonFiles.com became known as a popular hosting service that allowed users to share files up to 20GB without download restrictions. As the name suggests, registering an account wasn’t required either; both up and downloading files was totally anonymous. The same also applies to BayFiles.com, an affiliated file-hosting service that was launched by The Pirate Bay.

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500 hundred trademark videos on erikpelton.tv

Erik K Pelton

We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv ! The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. Take a look and subscribe on YouTube, and leave us a comment on your favorite one! We post at least one new video a week, usually more.

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DHC upholds Revocation of Pepsico’s Potato Plant Variety: –

SpicyIP

Image from here. FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand. On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety.

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3 Count: Sirius Business

Plagiarism Today

SoundExchange files lawsuit against SiriusXM, Carin Leon's former manager sues distributor, and the New York Times considering AI lawsuit. The post 3 Count: Sirius Business appeared first on Plagiarism Today.

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Anti-Piracy Group Takes Prominent AI Training Dataset ”Books3? Offline

TorrentFreak

Generative AI models such as ChatGPT have captured the imaginations of millions of people, offering a glimpse of what an AI-assisted future might look like. There is little doubt that generative AI will lead to new breakthroughs, some with the potential to revolutionize many aspects of day-to-day life. At the same time, AI is causing grave concerns within the copyright industries.

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How China’s New Patent Laws are Working at the Two-Year Mark

IP Watchdog

In the high-stakes world of global competition, China is emerging as a key battleground, making the protection of intellectual property rights more crucial than ever. With its recent revisions to its patent enforcement and damages laws, China took a decisive step towards a more rigorous patent system that favors patentees, both domestic and foreign.

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Different Ways to Do Kaizen

Christopher Roser

Kaizen (改善), or continuous improvement, is a cornerstone of lean manufacturing. If you stop becoming better, you will fall behind. But not all improvement activities are equal. There are different ways to do kaizen projects suitable for different situations. Let me give you an overview: Just Do It Kaizen comes in different forms, mostly distinguished.

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AI and the Battle Over Prosecraft

Plagiarism Today

After being open for five years, the literature analytics service Prosecraft became the target for author backlash. Was AI truly to blame? The post AI and the Battle Over Prosecraft appeared first on Plagiarism Today.

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The Managing Metadata Series: Stage 2 – Proposal Submission

Velocity of Content

Researchers, institutions, funders, and publishers face many metadata challenges across the research lifecycle. For example, it can be difficult for authors in the scholarly communications ecosystem to easily find collaborators, identify potential conflicts of interest, authenticate to content, and secure open access funding. To help address this issue, CCC and  Media Growth Strategies  collaborated to study metadata management.

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Blue Gentian v. Tristar Underscores the Importance of Naming the Correct Inventors on a Patent

IP Watchdog

Careless naming of inventors on a patent application can create confusion and add complexity to an already intricate process. The recent case of Blue Gentian, LLC v. Tristar Prod., Inc. is a great example where failure to properly list a co-inventor resulted in the only named inventor losing their patent rights. To avoid a case similar to Blue Gentian v.

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Navigating the Regulatory Landscape: FDA Approval and Patent Protection for Software as a Medical Device

JD Supra Law

Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving regulatory frameworks. Regulatory frameworks can complicate the already complex problem of innovation in software and can often run roughshod over the distinctions between software, artificial intelligence, machine learning, and deep learning.

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3 Count: Non-Final Judgement

Plagiarism Today

Judgement entered in Internet Archive case, Netflix settles Stranger Things lawsuit and Sony settles its case with Triller. The post 3 Count: Non-Final Judgement appeared first on Plagiarism Today.

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Patent Linkage Litigation in China: A Two-Year Review

IP Tech Blog

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On July 4, 2021, the National Medical Products Administration (NMPA) of China and the China National Intellectual Property Administration (CNIPA) jointly issued the Measures

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Lux Vide Wins $1.86m Judgment Against Operator of File-Hosting Site EasyBytez

TorrentFreak

Following its launch in 1992, Lux Vide established itself as one of the most successful TV production companies in Italy. With Netflix, Amazon Prime and Sky deals under Lux Vide’s belt, in March 2022 TV giant Fremantle (X Factor, Got Talent) acquired 70% of Lux Vide leading to recent investment and expansion. Lux Vide has also recently emerged from an extended copyright lawsuit, one that predates the coronavirus pandemic.

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Losing a Trademark to Genericization: The Case of Taco Tuesday

JD Supra Law

“Taco Tuesday" was a registered trademark since 1989 and was owned by Taco John’s, a Wyoming-based fast food restaurant chain. Over the years, it became a popular, commonly-used phrase, with many Mexican restaurants promoting their Taco Tuesday specials.

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Embattled Harvard Researcher Sues School and Accusers

Plagiarism Today

Francesca Gino, a prominent Harvard professor, has filed a $25 million lawsuit against her school and three researchers alleging defamation. The post Embattled Harvard Researcher Sues School and Accusers appeared first on Plagiarism Today.

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Accelerated Innovation: In Less Than a Year, We’ve Seen a Decade’s Worth of AI and IP Developments

IP Watchdog

The past year has provided decades' worth of developments across law and policy in the areas of artificial intelligence (AI) and machine learning (ML) technologies. If 2022 was the breakthrough year for accessible AI, then 2023 can so far be deemed as the first year of likely many more to come in the era of an AI inquisition. “After years of somewhat academic discourse,” reflects Dr.

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Record Labels Hit Internet Archive With New $400m+ Copyright Lawsuit

TorrentFreak

As the Internet Archive continues to deal with an adverse ruling in a copyright infringement lawsuit filed by the world’s largest publishing companies, late Friday some of the world’s largest record labels launched similar legal action in the United States. Filed in Manhattan federal court, the complaint lists UMG Recordings, Capitol Records, Concord Bicycle Assets, CMGI Recorded Music Assets, Sony Music and Arista Music as plaintiffs, with Internet Archive (IA), founder Brewster Kah

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Judges Issue Standing Orders Regarding the Use of Artificial Intelligence

JD Supra Law

The impact of generative artificial intelligence (AI) is unsurprisingly significant in the field of education, with some teachers and professors responding by instituting oral examinations, handwritten essays, or requiring that first drafts of written material can only be composed on "locked down" computers with no access to AI tools. But as the education system (as just one example) is wrestling with the implication of these tools, so is the legal community.

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3 Count: Music Archive

Plagiarism Today

Music labels sue Internet Archive over music library, Google negotiating with Universal over AI music and photo agencies want AI protection. The post 3 Count: Music Archive appeared first on Plagiarism Today.

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Publishers, Internet Archive Agree to Consented Judgment

Velocity of Content

A federal court has approved a consent judgment in the long-running copyright infringement case filed by four publishers against the Internet Archive over its scanning and lending of library books. The consent judgment provides for a stipulated permanent injunction preventing the Internet Archive from offering unauthorized copies of the Plaintiffs’ books to the global public.

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SpicyIP Tidbit: No Cure for the Plaintiff’s Heartburns? Delhi High Court Rejects an Interim Injunction against Defendant’s Anti-Acidity Drug Despite Finding Trademark Infringement

SpicyIP

Image from here On August 16, the Delhi High Court passed an order in Sun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals which is sure to have caught the attention of trademark lawyers. The court refused to grant an interim injunction to the plaintiff despite finding that the defendant had infringed the plaintiff’s mark. The court reasoned this by holding that prima facie trademark registration seems invalid, questioning the veracity of the registration order by the Trademark Registry and

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The Role Of A Cybersecurity Law Firm In Safeguarding Digital Assets

JD Supra Law

In today’s digital landscape, organizations face numerous cybersecurity threats that can compromise their valuable digital assets, including their data, IT infrastructure, networks, software, and intellectual property (IP). To protect client data and these other digital assets, businesses must take a comprehensive approach that encompasses legal protections as well as technical and practical considerations.

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Vermont Law School Can Cover Slavery Mural, 2nd Circ. Says

IP Law 360

Vermont Law School can use barriers to conceal a controversial mural depicting the state's role in the Underground Railroad, the Second Circuit ruled Friday, rejecting claims by the painter that his work has effectively been destroyed.

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Generative AI: the US Copyright class action against OpenAI

Kluwer Copyright Blog

Image via Pixabay Introduction: Generative AI regulatory framework There is a huge debate around Generative AI and the need to regulate such disrupting technology (see here and here ). Very different approach has been adopted in the European Union , which is going to introduce by the end of 2023 a EU AI Act ( here ), in the UK , which is mainly working on some guiding principles to be further developed by the UK regulators ( here ), and in the US , where the NSTC (National Science and Technology