Erik K Pelton
NOVEMBER 26, 2024
How does the Supplemental Register differ from the Principal Register? Erik explains the key elements in this episode. The post What is the Supplemental Register? appeared first on Erik M Pelton & Associates, PLLC.
Hugh Stephens Blog
NOVEMBER 25, 2024
Image: Shutterstock (with AI assist) It was inevitable.
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Kluwer Copyright Blog
NOVEMBER 27, 2024
Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act Introduction The interaction between the AI Act ( Regulation 2024/1689 ) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related provisions.
TorrentFreak
NOVEMBER 25, 2024
In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS. The order, issued under Article L.333-10 of the French Sports Code, compelled the tech giants to prevent users from accessing unauthorized streams of Champions League and Premier League matches. Applicant Canal+ argued that the alternative DNS resolvers allowed people to bypass the “regular” blocking measures implemented by internet providers.
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?
Erik K Pelton
NOVEMBER 26, 2024
Blogs are a service, even if they are not for profit and have no income-producing sales or advertising, and blog names can be protected by trademark law and blog names can be registered as trademarks with the USPTO. Trademark Tips for Blog Owners Be creative. A creative name is generally much more likely to be unique and much easier to protect. Make it stand out.
SpicyIP
NOVEMBER 26, 2024
The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here , here , here , here , here , here , here , here and here ).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
NOVEMBER 27, 2024
Law enforcement operations targeting pirate sites and services are often enthusiastically described as ‘large-scale’ or ‘major’ If reports emerging from authorities in Italy hold true, describing the international operation that culminated early this morning as massive, wouldn’t be an exaggeration. Operation Takendown is said to have targeted what may be the largest pirate IPTV network serving Europe, authorities say, and the numbers involved are some of the largest
Patently-O
NOVEMBER 29, 2024
by Dennis Crouch The USPTO utility patent grant rate data reveals an interesting narrative of policy shifts and administrative changes over the past fifteen years. The graph shows a clear upward trajectory from a notable low point around December 2009, when the grant rate bottomed out near 50%, to recent levels hovering around 75-80%. This dramatic shift beginning in 2010 coincided with Director David Kappos taking the helm at the USPTO, marking a decisive break from the more restrictive patent
The IPKat
NOVEMBER 26, 2024
The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. Incidentally, the referral was also discussed during last month's IPKat webinar on image rights. Here is what Nedim writes: [Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s he
JD Supra Law
NOVEMBER 27, 2024
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. Upholds Injunction in OpenAI v. Open AI - The U.S. Court of Appeals for the Ninth Circuit recently upheld a preliminary injunction against Open Artificial Intelligence, Inc.
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TorrentFreak
NOVEMBER 27, 2024
In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.
IP Watchdog
NOVEMBER 26, 2024
On November 13, 2024, after almost 17 months of anticipation, the UK's Supreme Court finally handed down its decision in SkyKick (Appellants) v. Sky (Respondents). What began as a (relatively) simple claim by Sky for trademark infringement of various SKY trademarks (the "SKY Marks") by SkyKick, ultimately resulted in four High Court judgments, a referral to the CJEU, a Court of Appeal ruling and ended in a significant Supreme Court decision.
The IPKat
NOVEMBER 25, 2024
The European Economic Area (‘EEA’) consists of Iceland, Norway, Liechtenstein and the EU. It seems obvious that trade mark rights regarding goods placed on the Turkish market by the trade mark owner are not exhausted under Art. 15 EUTMR. According to this provision, An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.
Copyright Alliance
NOVEMBER 25, 2024
There’s a great deal of time, money, and effort that goes into creating recipes and the content that accompanies them. Creators can spend hours perfecting a dish, taking mouthwatering photographs […] The post Are Recipes and Cookbooks Protected by Copyright? appeared first on Copyright Alliance.
TorrentFreak
NOVEMBER 28, 2024
Founded over a decade ago, Dramacool became a go-to destination for pirated copies of Asian dramas and related content. The site was originally started by a group of ‘students’ who wanted to share their passion for this entertainment niche. But what started as a hobby, eventually became a multi-site streaming operation with tens of millions of users.
IP Watchdog
NOVEMBER 25, 2024
On Friday, November 22, the U.S. Supreme Court received several amicus briefs as well as the respondent’s brief in Island Intellectual Property LLC v. TD Ameritrade, Inc., a case challenging the federal judiciary’s application of procedural rules in patent cases. The petition argues that both district courts and the U.S. Court of Appeals for the Federal Circuit are misusing federal and local rules in a manner that results in summary affirmance of flawed determinations made at the summary judgmen
IP and Legal Filings
NOVEMBER 23, 2024
Why do trademarks matter in corporate strategy? A trademark is, by definition, a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. [1]. Intellectual property rights protect trademarks. In simpler words, it is a distinctive sign, symbol, logo, word, phrase, or combination of elements that a company uses to identify and distinguish its goods and services.
IP Law 360
NOVEMBER 27, 2024
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
TorrentFreak
NOVEMBER 24, 2024
As the RIAA sued thousands of students for music piracy, Hollywood knew that faster internet connections would soon make movies a similarly easy target. For downloaders in the early 2000s, faster connections couldn’t come soon enough. In the meantime, ads promising faster downloads began appearing everywhere. Some offered magical ‘internet booster’ software that in reality did little or nothing to improve speeds.
U.S. Department of Commerce
NOVEMBER 25, 2024
Last month, Deputy Secretary of Commerce Don Graves called five organizations to congratulate them on receiving the 2024 Malcolm Baldrige National Quality Award , the nation’s only presidential award for performance excellence. Now that the initial celebrations have quieted, the real power of the Baldrige Award begins —sharing of best practices so that other U.S. organizations can learn and improve.
Traverse Legal Blog
NOVEMBER 25, 2024
Copyright Infringement Definition: Copyright infringement occurs when a copyrighted work owned by someone else is copied, reproduced or mimicked, distributed, performed, publicly displayed, or made into a derivative work without the express or implied permission of the copyright owner, thereby infringing certain exclusive rights granted to the copyright holder.
Likelihood of Confusion
NOVEMBER 24, 2024
Originally posted 2021-04-13 10:40:33. Republished by Blog Post PromoterWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. So unsurprisingly, trademark lawyers are all over this tweet: By “confusion,” of course, I mean the word as used in the phrase […] The post Just what we choose it to mean appeared first on LIKELIHOOD OF CONFUSION™.
IP.com
NOVEMBER 25, 2024
Press Release: 11/24/2024 IP.com is thrilled to announce the launch of InnovationQ, the next-generation interface for its industry-leading Prior Art Database. InnovationQ is powered by Semantic Gist®, IP.com’s proprietary AI technology, setting a new standard in intellectual property management with fast, accurate, and contextually relevant prior art searches.
JD Supra Law
NOVEMBER 27, 2024
On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the impressive numbers speak to the popularity of Mike Tyson and Jake Paul. For reference, the most watched show in the United States during any given week is Sunday Night Football (NBC) with approximately 20 million viewers.
Traverse Legal Blog
NOVEMBER 25, 2024
What Are Presumed Damages: A Closer Look in 2024 Presumed damages are a type of legal remedy awarded in defamation cases without requiring proof of actual harm. The law assumes that the defamatory statement has caused harm to the plaintiff’s reputation or other interests. Key Considerations for Presumed Damages: Defamation Per Se: Presumed damages are typically available only for defamation per se, which involves statements so harmful that damage is presumed, such as accusations of serious
Copyright Lately
NOVEMBER 24, 2024
Miley Cyrus’s new motion to dismiss the “Flowers” lawsuit highlights the Ninth Circuit’s flawed approach to copyright standing for co-owners. The lawsuit accusing Miley Cyrus of copying Bruno Mars’s “When I Was Your Man” to create her hit “Flowers” deserves to be dismissed— but not for the reasons laid out in a new motion filed this week by Cyrus and her co-writers.
TorrentFreak
NOVEMBER 29, 2024
The European Union Intellectual Property Office ( EUIPO ) regularly conducts studies to see how piracy develops over time. These studies help the public to understand local piracy trends and can be used as input for future policy decisions. This week, EUIPO released another in-depth piracy report titled “Online Copyright Infringement in the European Union.” The research is part of a recurring series which has tracked European piracy rates since 2017.
JD Supra Law
NOVEMBER 27, 2024
The Federal Circuit heard oral argument on November 8, 2024, grappling with the issue of what patent claims may properly be listed in the Orange Book. In late 2023, Teva filed a complaint for patent infringement in response to Amneal’s ANDA filing seeking to make and sell a generic version of ProAir HFA (albuterol sulfate) Inhalation Aerosol (“ProAir”).
IP Watchdog
NOVEMBER 26, 2024
On the heels of this win in the Senate for those in favor of PTAB reform, the very next day USPTO Director Kathi Vidal wrote on the Director’s Blog about how wonderful the PTAB has been, saying in part: “Since AIA proceedings began over a decade ago, almost 70% of challenged patents have been upheld at the PTAB.” Simply stated, she is wrong. If you actually look past the extraordinarily misleading PTO narrative you see a very different reality.
The IPKat
NOVEMBER 24, 2024
The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the General Court concerning a figurative trade mark held by Chiquita. Here is what Nedim writes: EU General Court invalidates Chiquita trade mark for bananas as it considers it devoid of distinctive character by Nedim Malovic Earlier this month, the BBC brought us the quirky tale of a Swedish minister’s phobia of bananas—yes, bananas (r
TorrentFreak
NOVEMBER 26, 2024
In 2019, Internet provider Cox Communications lost its legal battle against a group of dozens of record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. This case is one of many. Other ISPs have been accused of being similarly lax in their stance against alleged piracy.
JD Supra Law
NOVEMBER 27, 2024
A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals, Inc. (CyDex) filed a breach of contract action against Bexson Biomedical, Inc. (Bexson) on August 28, 2024, seeking a judgment that it co-owns Bexson’s recent patent and related applications, and specific performance assigning such ownership rights to CyDex.
IP Watchdog
NOVEMBER 25, 2024
The U.S. Supreme Court today invited the Solicitor General (SG) to weigh in on a case about internet service provider (ISP) liability for infringement and denied another petition for certiorari asking the Court to clarify U.S. patent eligibility law. The latter petition also asked the Court to consider whether Judge Pauline Newman’s effective removal from the U.S.
The IPKat
NOVEMBER 23, 2024
Katy Perry has earned a pyrrhic victory in Australia this week. In its judgment delivered on Friday 22 November, the Federal Court of Australia partially allowed the appeal in Taylor v Killer Queen, LLC (No 5) [2024] FCAFC 149 , finding that the American entertainer (but not her associated company) was able to rely on the own name defence to infringement and should succeed in her action to cancel the KATIE PERRY trade mark registration.
TorrentFreak
NOVEMBER 27, 2024
In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.
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