Erik K Pelton

AUGUST 17, 2023

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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Hugh Stephens Blog

AUGUST 18, 2023

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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Plagiarism Today

AUGUST 14, 2023

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.

Plagiarism 229

Plagiarism 229

Likelihood of Confusion

AUGUST 15, 2023

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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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

Erik K Pelton

AUGUST 16, 2023

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.

Branding 130

Branding Branding Brands 130

JD Supra Law

AUGUST 18, 2023

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.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Patent Business 98

The IP Law Blog

AUGUST 17, 2023

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

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

Erik K Pelton

AUGUST 15, 2023

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.

Trademark 130

Trademark Reporting 130

IP Law 360

AUGUST 18, 2023

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.

Litigation 98

Litigation 98

Plagiarism Today

AUGUST 16, 2023

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.

Plagiarism 220

Plagiarism Copyright Publishing 220

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

IP Watchdog

AUGUST 17, 2023

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.

Inventor 98

Inventor Patent Patent Application Litigation 98

Erik K Pelton

AUGUST 14, 2023

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.

Trademark 130

Trademark Registration Litigation 130

Christopher Roser

AUGUST 15, 2023

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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Plagiarism Today

AUGUST 17, 2023

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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Business Plagiarism Music Licensing 217

IP Watchdog

AUGUST 15, 2023

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.

Patent Law 98

Patent Law Law Intellectual Property Patent 98

Velocity of Content

AUGUST 15, 2023

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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Blogging Reporting Publishing Designs 98

JD Supra Law

AUGUST 18, 2023

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.

Patent 98

Patent 98

Plagiarism Today

AUGUST 15, 2023

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.

Plagiarism 216

Plagiarism Copyright 216

IP Tech Blog

AUGUST 18, 2023

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

Litigation 98

Litigation Patent Intellectual Property Branding 98

IP Watchdog

AUGUST 13, 2023

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.

Copyright Infringement 98

Copyright Infringement Copyright Law Litigation Copyright 98

JD Supra Law

AUGUST 15, 2023

“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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Trademark Registering Trademarks 98

Plagiarism Today

AUGUST 15, 2023

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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Plagiarism Settlement Publishing Music 214

Velocity of Content

AUGUST 18, 2023

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.

Publishing 98

Publishing Copyright Infringement Copying Copyright 98

IP Law 360

AUGUST 18, 2023

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.

Law 98

Law 98

JD Supra Law

AUGUST 14, 2023

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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Plagiarism Today

AUGUST 17, 2023

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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Plagiarism 209

TorrentFreak

AUGUST 12, 2023

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

Copyright 98

Copyright Cease and Desist Music Copying 98

Kluwer Copyright Blog

AUGUST 13, 2023

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

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

JD Supra Law

AUGUST 16, 2023

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.

Intellectual Property 98

Intellectual Property Law IP Business 98

Plagiarism Today

AUGUST 14, 2023

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.

Music 208

Music Plagiarism Copyright 208

IP Law 360

AUGUST 17, 2023

The past week in London has seen legal insurance provider Legal Protection Group sue HDI Global, Rosling King LLP hit with a claim from the property developers who accused their son-in-law of defrauding their company, and T.V. presenter Gabby Logan bring legal action against the Daily Mail’s parent company. Here, Law360 looks at these and other new claims in the U.K.

Litigation 97

Litigation Law 97

The TTABlog

AUGUST 14, 2023

In this consolidated opposition proceeding involving, inter alia , Applicant Coulter Venture's mark MONSTER LITE for weight lifting equipment, the parties served four expert reports: an initial report by Monster ("MEC"), a rebuttal report by Coulter, a sur-rebuttal report by MEC, and then a sur-sur-rebuttal report by Coulter. The Board granted MEC leave to serve its sur-rebuttal repor, but limited it to a critique of Coulter's report.

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Reporting Trademark Copyright 97

JD Supra Law

AUGUST 14, 2023

An AI-synthesized bop went viral recently when Drake and The Weeknd seemingly collaborated to sing “Heart On My Sleeve.” In response to the track taking the internet by storm, music industry giant Universal Music Group (“UMG”) sent urgent letters to streaming platforms, including Spotify and Apple Music, asking them to block AI companies from collecting melodies and lyrics from copyrighted songs to create new AI-generated songs, citing a “moral and commercial responsibility” to prevent.

Music 98

Music Copyright 98

TorrentFreak

AUGUST 16, 2023

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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Publishing Copyright Government Reporting 98

The IPKat

AUGUST 14, 2023

Anyone working in the field of IP law from developing countries particularly on the African continent understands the tension between IPRs and access to IP-protected materials based on human rights imperatives. Even if only from a development perspective, the socio-economic context and needs of citizens in developing vs developed countries differ in significant respects.

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IP Designs Design Patent 95