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Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered trademark for businesses. The post The Value of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered tradem
The belief that somehow everything is free on the internet was widespread in the late 1990s. Sites were overwhelmingly free and if MP3 files were spotted by an alert surfer, it was almost considered rude not to download them, bandwidth permitting. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.
” A Recent Entrance to Paradise”, Stephen Thaler (not protected by copyright) One of the ongoing debates about works made with generative AI is whether they qualify for copyright protection. Should they? Let’s consider the essence of copyright. What is its raison d’être? According to the classical European definition, it is to respect the property … Continue reading "If AI Tramples Copyright During its Training and Development, Should AI’s Output Benefit from Copyright Pr
Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections related not to the direct exploitation of the invention itself, but to the alleged dishonesty and breach of trust associated with how the invention was de
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?
One of the more interesting public policy reads of 2024 comes from the U.S. Patent and Trademark Office (USPTO), whose “Drug Patent and Exclusivity Study” effectively debunks the false narratives and bogus statistics that have been levied against pharmaceutical patents with significant effect in recent years. The inescapable takeaway from the USPTO study is that activists have manipulated data to inflate the effects of patents and other exclusive rights on competition.
Identifying the anonymous operators of pirate sites and then locating them, wherever they are in the world, is rarely a straightforward matter. Even when that is achieved, filing copyright lawsuits and then winning those cases could take years rather than months to complete. Japan-based publishing giant Shueisha often utilizes courts in the United States to obtain information on mostly anonymous pirate site operators.
Thousands of open-access studies feature images that may have copyright restrictions. Here's how that happened. The post Why Thousands of Studies May Be in Copyright Limbo appeared first on Plagiarism Today.
Thousands of open-access studies feature images that may have copyright restrictions. Here's how that happened. The post Why Thousands of Studies May Be in Copyright Limbo appeared first on Plagiarism Today.
Here is our recap of last week’s top IP developments including summary of the posts on the JioHotstar domain name dispute and DHC’s order on the Complan disparagement dispute. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week <JioHotstar.com>: A Clever Narrative for Cybersquatting The JioHotstar domain name dispute between Reliance and ‘A Dreamer’ is the latest talk of the to
As artificial intelligence (AI) technology continues to evolve at an unprecedented pace, it brings with it numerous questions regarding the application of intellectual property (IP) laws. The intersection of AI and IP raises critical considerations about the rights of creators and innovators, the interpretation and enforcement of established laws, and the potential impact on the future of creativity and innovation.
Since its inception in 2017, the Alliance for Creativity and Entertainment has built a reputation for targeting online piracy operations regardless of scale and no matter where they operate. Obtaining pirated content, whether movies, TV shows, or live streams of broadcast TV, has been a global consumer phenomenon for years. Yet despite significant civil lawsuits, arrests, and criminal prosecutions, a well-financed and centralized global enforcement strategy against suppliers and distributors, is
A recent decision by the US Copyright Office makes it easier to repair ice cream machines. But how did that happen? The post What Does Copyright Have to Do With McFlurries? appeared first on Plagiarism Today.
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.
Breaking down the MHC’s recent decision in Embio Ltd. v. Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of law and technology, and seeks to pursue a career in academia and research.
Phoebe Bridgers. Photo from Raph_PH, CC BY 2.0 <[link] via Wikimedia Commons This case involves three people: Chris Nelson, “a well-established music industry entrepreneur.” Emily Bannon, an alleged former girlfriend and victim of Nelson’s behavior. Phoebe Bridgers (photo on the right), “a singer, songwriter, and guitarist” with a large Instagram audience.
It’s no secret that the Motion Picture Association ( MPA ) has anti-piracy tentacles all over the world. The group, which is backed by Hollywood, Netflix, and Amazon, is actively involved in enforcement and policy efforts in dozens of countries. The MPA’s work mostly takes place behind the scenes, but the results are hard to miss. This includes the Philippine pirate site blocking program, which officially launched in January this year.
The US Copyright Office finalizes new DMCA exemptions and Rhode Island bar sued over unlicensed karaoke tracks. The post 3 Count: Something Fishy appeared first on Plagiarism Today.
Model Gigi Hadid defaults in a copyright lawsuit over an Instagram post, leading to a judgment of only $3,000 in damages. Was it a savvy strategy or just a lucky break? Gigi Hadid’s post of sister Bella resulted in the fourth copyright infringement lawsuit filed against her. Gigi Hadid is no stranger to copyright lawsuits. Over the years, the fashion model has faced repeated claims from paparazzi photographers for posting their images on her Instagram without permission.
During IPWatchdog’s Life Sciences Masters program, which is taking place this week from Monday to Wednesday, panelists on the one hand breathed a sigh of relief that certain rule proposals considered most destructive to the industry seem unlikely to move forward, but on the other, lamented the overall negative tenor of the public debate around pharmaceutical patents today.
Every year the office of the United States Trade Representative (USTR) publishes the National Trade Estimate Report on Foreign Trade Barriers. The report is compiled based on input from key industry players. This includes submissions from copyright industry groups, such as the MPA , that frequently highlight piracy challenges. Most rightsholders would like foreign countries to strengthen their online piracy efforts and policies, by implementing institutionalized piracy blocking schemes, for exam
With Halloween coming up, we are taking a look at five copyright battles fought over masks, in particular Halloween masks. The post 5 Copyright Battles Over Halloween Masks appeared first on Plagiarism Today.
Halloween is a time for goblins, ghouls, and—if you’re an inventor—a whole lot of creative thinking! Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts). Meet U.S. Patent 6,855,224, an invention that makes it easy to transfer intricate designs onto pumpkin surfaces.
The exact launch date of the ‘ BeStreamWise ’ anti-piracy campaign is difficult to pin down. Often subject to intense planning and strict media embargoes, we simply stumbled across the live campaign website early October 2023. The purpose of BeStreamWise is to raise awareness of risk associated with illicit streaming platforms. Specifically, when people subscribe to these types of services they risk fueling organized crime, quite possibly at the same time their bank accounts are being unexpected
German pirate IPTV operators sentenced, MPA pushes for stronger AI regulation, and Gigi Hadid defaults on a photography lawsuit. The post 3 Count: Default Strategy appeared first on Plagiarism Today.
With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and co-founders Roya Amini-Naieni and Maximilian Schommer (plaintiffs) ended on October 17, 2024, with the court enjoining Gandall and his new company from using Trilobio’s trade secrets.
Over the past decade, Brazil has seen an increase in patent litigation, as the local economy grows and stabilizes. With more companies eyeing Brazil as a strategic country for the protection of IP, the patent system becomes more scrutinized and more complex patent cases are filed. On June 12, 2024, the Superior Court of Justice (Superior Tribunal de Justiça, or STJ), Brazil’s highest court with jurisdiction over non-constitutional matters, issued a ruling allowing invalidity defenses on an indus
Over the past few years, Brazil has worked hard to combat the online piracy problem from various angles. The “Operation 404” campaigns, in particular, have led to numerous takedowns and arrests, with the most recent wave completed last month. The seventh installment of the Government-backed anti-piracy sweep, details of which were released in September , took down 675 pirate sites, 14 apps, and led to nine arrests.
As The IPKat announced earlier this month, TOMORROW (Wednesday, 30 October) , we will be running a webinar - kindly hosted by international law firm Bird & Bird LLP on StreamYard - to discuss the present and future of image/publicity rights, also in light of the challenges that AI and deepfakes have been presenting. Indeed, the key question that we would like to tackle and possibly answer is the following: In an age, that of AI, in which the creation and circulation of digital replicas and d
Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District of California, alleging that Google’s adoption and continued use of GEMINI in connection with its AI chatbot tool infringes Gemini Data’s trademark rights.
The Court of Justice of the European Union (CJEU) has ruled that EU Member States are required to protect works of applied art in the European Union, irrespective of the country of origin of those works or the nationality of their author. The judgment in Case C-227/23 of 24 October 2024 (Kwantum versus Vitra) is a landmark copyright decision. The matter was referred to the CJEU by the Supreme Court of The Netherlands following a dispute between the companies Vitra and Kwantum.
Having covered hundreds of arrests and dozens of convictions for piracy-related offenses over the years, news of another person going to prison is nothing out of the ordinary. See enough of these reports and in theory the impact will start to diminish. In the media, the one-size-fits-all portrayal of those convicted can at times blur any number of cases into one.
As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly pressing. This necessity arises from a growing trend in which intermediaries often overlook instances of infringement occurring on their platforms, to the detriment of the rights owners. With the rapid expansion of online services, intermediaries play a pivotal role and so, it is essential to implement stricter standards and practices that compel them t
The Licensing Executives Society (LES) recently held its annual meeting in New Orleans, drawing together a diverse group of intellectual property (IP) licensing professionals, including attorneys, academics, service providers, and industry leaders in fields like life sciences and high technology. The multi-day event covered a range of important themes for those navigating the evolving landscape of IP licensing.
As lawsuits mount against AI companies over copyright infringement – most recently with Dow Jones and NY Post suing Perplexity AI for “massive illegal copying,” Microsoft’s CEO Satya Nadella calls for more flexible copyright laws. Nadella asks: “If I read a set of textbooks and I create new knowledge, is that fair use?” This analogy fundamentally mischaracterizes how LLMs work.
Movie piracy continues to present problems for Hollywood. When films are released on streaming platforms, they are copied and shared online almost immediately. There’s one type of piracy that’s particularly concerning, however. That’s when a film leaks online before it’s widely available through commercial channels. The problem isn’t new.
The Artist Rights Symposium is back for a 4th year! This time hosted by American University’s Kogod School of Business and The Artist Rights Institute.
On October 24, 2024, the Federal Circuit issued a precedential opinion that may have implications for litigation involving standard essential patents (SEPs). Telefonaktiebolaget LM Ericsson v. Lenovo (United States), Inc., No. 24-1515 (Fed. Cir. Oct. 24, 2024). The Court vacated the district court’s denial of Lenovo’s request for an antisuit injunction to prevent Ericsson from enforcing injunctions obtained in Colombia and Brazil, and remanded the case for further proceedings below.
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