Sat.Dec 07, 2024 - Fri.Dec 13, 2024

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Copyright and Realistic Baby Dolls

Plagiarism Today

You can't copyright a baby, but as one company proves, you can copyright a very specific rendition of a baby, if the copy is close enough. The post Copyright and Realistic Baby Dolls appeared first on Plagiarism Today.

Copyright 250
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Trademark protection for cannabis brands

Erik K Pelton

Note that this field may be subject to changes and developments more than others when it comes to trademark registration strategies. Contact a lawyer to discuss your needs. Businesses and brands in the field of cannabis, cannabidiol (CBD), and hemp need to be aware of special considerations when it comes to brand protection. The overlapping state and Federal issues regarding the regulation and legality of these products provide unique challenges and strategies related to trademark protection.

Branding 130
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CanLII v CasewayAI: Defendant Trots Out AI Industry’s Misinformation and Scare Tactics (But Don’t Panic, Canada)

Hugh Stephens Blog

Image: Pixabay Last month I highlighted the first AI/Copyright case in Canada to reach the courts, CanLII v CasewayAI.

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French Piracy Blocking Order Goes Global, DNS Service Quad9 Vows to Fight

TorrentFreak

In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS. The order 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.

Privacy 109
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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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Copyright and the Rankin/Bass Christmas Specials

Plagiarism Today

The Rankin/Bass holiday specials are a Christmas tradition. So who owns the copyright to these works? Also, is Rudolph public domain? The post Copyright and the Rankin/Bass Christmas Specials appeared first on Plagiarism Today.

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Trademarks for Beginners

Erik K Pelton

New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode. The post Trademarks for Beginners appeared first on Erik M Pelton & Associates, PLLC. New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode.

Trademark 130

More Trending

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Insights From Court Orders in AI Copyright Infringement Cases

Copyright Alliance

There are now well over thirty lawsuits that have been filed by copyright owners in U.S. federal court against AI companies, accusing them of direct copyright infringement for using copyrighted […] The post Insights From Court Orders in AI Copyright Infringement Cases appeared first on Copyright Alliance.

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Poet Wins $5,000 in Case Over Infringing Blankets

Plagiarism Today

The Copyright Claims Board has awarded a poet $5,000 in damages after her poem was used on infringing blankets. The post Poet Wins $5,000 in Case Over Infringing Blankets appeared first on Plagiarism Today.

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Bogus Complaint Disables Itch.io, Google Ignored Same Sender For Years

TorrentFreak

The DMCA takedown procedure may not be perfect but, for those intending to use it, there’s an unambiguous step-by-step process that’s been in place for a quarter of a century. Needless to say, entities that deviate from the established rules can make life difficult for themselves as well as the intended recipients of takedown notices. That includes entities that attempt to use DMCA takedown notices to enforce trademark disputes, or prefer to avoid the DMCA altogether by portraying co

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GAO Report on Third-Party Funding in Patent Cases Indicates Stakeholders Favor Disclosure Requirements

IP Watchdog

On December 5, the U.S. Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. While the GAO was unable to quantify the extent to which third parties are financing and taking an interest in infringement suits due to limited data on the subject, interviews with a range of industry stakeholders reflected mixed views on the impacts of disclosure requirements that could identify conflicts of i

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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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incontestable LIZZIE BORDEN registration + actual confusion insufficient to overcome weight of history, 1st Circuit rules

43(B)log

US Ghost Adventures, LLC v. Miss Lizzies Coffee LLC, No. 23-2000 (1 st Cir. Nov. 15, 2024) The Lizzie Borden House bears a storied history that originates with the still-unsolved murders in 1892 of Lizzie Bordens father and stepmother. Ghost Adventures provides ghost tours and related hospitality services across the United States. It owns a bed and breakfast operated out of the Lizzie Borden House featuring a museum, ghost tours, and kindred activities. bed & breakfast sign Its success dep

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3 Count: Quad9 Fight

Plagiarism Today

Musi claims Apple unlawfully removed it from the App Store, Quad9 fights French site blocking and Indian YouTuber ordered to remove videos. The post 3 Count: Quad9 Fight appeared first on Plagiarism Today.

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Cloudflare Blocks Pirate Site URLs “For Legal Reasons”

TorrentFreak

Cloudflare, a global internet infrastructure company, offers various services to millions of users, including connectivity and privacy tools. While primarily a conduit for internet traffic, Cloudflare occasionally hosts content permanently on its servers. The company’s approach to copyright complaints differs based on the role it plays. If Cloudflare merely passes traffic along (for a website using their CDN), they forward DMCA takedown notices to the actual hosting provider, which is ofte

Reporting 107
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Strengthening the Education System: Legal Reforms Needed to Address Examination Integrity

IP and Legal Filings

INTRODUCTION The integrity of examination systems is crucial to ensure that education performs its basic function: to arm the student with knowledge and skills measured fairly. In the last few years, malpractices in examinations have created an alarming situation that has made it imperative to seek legal amendments to strengthen the educational system.

Privacy 86
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A Court’s Inherent Authority is Not to Be a Broad Reservoir of Power

IP Watchdog

On December 6, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in PS Products Inc. v. Panther Trading Co. Inc. that appears to allow a district court to sanction under its inherent authority when the sanctionable conduct is arguably covered by a specific rule. The facts of the case are not helpful for the sanctioned parties, PSP, and likely led to this outcome.

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Irish Student Accused of Plagiarism Takes School to Court

Plagiarism Today

A student in Ireland is suing his school over how they handled his plagiarism case. However, it's a warning to all schools to be prepared. The post Irish Student Accused of Plagiarism Takes School to Court appeared first on Plagiarism Today.

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Piracy Shield Blacks Out Tech News Site by Blocking Another CDN IP

TorrentFreak

After a series of completely avoidable incidents that have seen countless innocent sites blocked by Italy’s Piracy Shield blocking system, at this point is it appropriate to keep calling them ‘blunders’? Continuing to do so might suggest acceptance that incompetence is always to blame. In reality, recent legal amendments addressed the issue of overblocking by dramatically weakening what little protection innocent sites had against becoming collateral damage.

IP 98
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Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Alexandra J. Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an outsized effect on the law around online content creation.

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SpicyIP Weekly Review (December 2 – December 8)

SpicyIP

Here is our recap of last weeks top IP developments including summaries of the posts on Madras HC’s setting aside another IPO order for being unreasoned, the use of name of the late singer M.S. Subbulakshmi on an award posthumously against the expressions in her will, and the Swiss Senate approval of FTA with India. This and a lot more in this weeks SpicyIP Weekly Review.

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3 Count: Vibe Check

Plagiarism Today

Second Circuit rejects Thinking Out Loud appeal, Netflix's Don't Look Up sued again and TikTok influencers fighting over fashion. The post 3 Count: Vibe Check appeared first on Plagiarism Today.

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‘Historic Decision’ to Imprison Pirate IPTV User Smells of Propaganda

TorrentFreak

After investing huge resources into tackling pirate IPTV platforms as significant as the one reportedly taken down last week , a little stagecraft should be as expected when authorities and rightsholders declare victory. Information suggests that the blackout impacted supply across Europe and beyond, so a small amount of window-dressing on the number of users affected and profits generated don’t really have a misleading impact.

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Italian language trade marks raise tough questions again in Australia

The IPKat

Ten years after the well-known decision in Cantarella Bros v Modena Trading , the Federal Court of Australia has engaged with another case about the consumer understanding of trade marks with Italian language elements. On Friday, the Full Court delivered its judgment in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156. In assessing the infringement claims and the cross-claims for invalidity, the Federal Court found that Australian consumers would not understand the word "me

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DMCA Take Two: UK Government is to Propose Death Blow Opt-Out for AI Training

The Trichordist

The UK government is going to propose a DMCA-style “opt out” which will be the death blow.

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3 Count: Digital Silence

Plagiarism Today

A major anime pirate site goes silent, a key BitTorrent site goes offline, and breakdancer Raygun gets a parody musical canceled. The post 3 Count: Digital Silence appeared first on Plagiarism Today.

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Cox to Appeals Court: DMCA Subpoenas Don’t Apply to Us, Period

TorrentFreak

Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit. Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and dont require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party internet services where the infringing material is shared or stored.

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New French draft law on AI: Generated or not generated, that is the question

The IPKat

The subject of AI is pervasive to such an extent that it is impossible to avoid its influence [ latest developments here , here , here or here ]. Readers may recall that this Kat reported on the existence of a lacklustre draft law aimed at establishing a French copyright framework for AI [ IPKat here ]. It met with an unfortunate fate when the National Assembly was dissolved in June 2024.

Law 57
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Creator Retrospective 2024: Career Shifts & AI Implications

Copyright Alliance

Weve interviewed many creators in our Creator Spotlight series over the years, and we love watching their journeys as their careers develop. This year, were catching up with a few […] The post Creator Retrospective 2024: Career Shifts & AI Implications appeared first on Copyright Alliance.

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3 Count: Bungie Bitcoin Battle

Plagiarism Today

Musicians side with Internet Archive in legal battle, Bungie targets Bitcoin wallet and a new piracy crackdown in the UK. The post 3 Count: Bungie Bitcoin Battle appeared first on Plagiarism Today.

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Musi Decries Apple’s App Store Removal: A “Backroom Scheme” with Music Industry

TorrentFreak

In October, Musi filed a lawsuit against Apple after the company removed the music streaming app from the App Store. Filed at a California federal court, the Musi complaint states that the takedown was unjustified and accuses Apple of breach of contract, among other things. Wasting no time, Musi requested a preliminary injunction to compel Apple to reinstate the music app.

Music 57
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Friday Fantasies

The IPKat

Already busy guarding the Christmas tree Another working week is coming to an end and, as usual, it's time to catch up with events and opportunities in the IP world. Do take a look below and do not forget to regularly check our Events page as well! Events Artificial intelligence, intellectual property and the creative industries (4 March 2025) On 4 March 2025, LSE will host a hybrid (London and online) panel discussion devoted to IP issues facing the training and use of generative AI models that

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Role of Family Courts in Intellectual Property Disputes: Looking at the Calluna Dispute before the Kerala High Court

SpicyIP

[This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur.] On 10 th October 2024, an intriguing question regarding jurisdiction of a family court over a trademark infringement claim came up ( pdf ) in front of a division bench of the Kerala High Court comprising of Justices Devan Ramachandran and M.B.

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The Emergence of Counterfeit Video Hauls and How Brands Can Combat Them

Corsearch

In the ever-growing world of social commerce, counterfeiters have found new ways to thrive leveraging short form video hauls, and live streams to reach more consumers and generate buzz for their products. These strategies are reshaping consumer perceptions of counterfeit goods and creating significant challenges for brand owners. This blog explores the threat of counterfeit hauls and livestreams, as first detailed in our Brand Protection: The Social Media Threat eBook.

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Navigating Copyright and AI in Financial Services

Velocity of Content

In todays data-driven world, the financial services industry relies on a steady flow of high-quality information to make informed decisions, manage risk, and create value for clients. Often, this critical information comes from externally-published materialsresearch analyses, market reports, news, and academic journalsthat help financial institutions stay current and maintain a competitive edge.

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Katcall: Openings for GuestKats and InternKats!

The IPKat

Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions are six months (with the possibility of extension), and there are no geographical restrictions on either role. Please bear in mind that you need to have your employers permission to be part of the IPKat team.

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Acquired distinctiveness in trademarks: the secret is in the evidence

Garrigues Blog

Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market.