Erik K Pelton

OCTOBER 29, 2024

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

Registration 130

Registration Trademark Registering Trademarks Publishing 130

Plagiarism Today

OCTOBER 28, 2024

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.

Copyright 275

Copyright Plagiarism 275

Hugh Stephens Blog

OCTOBER 27, 2024

” 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

Copyright 147

Copyright 147

The IPKat

NOVEMBER 1, 2024

One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that of Phoenix’s “Joker” inside a lift. Let’s imagine a situation in which the user of a generative Artificial Intelligence (AI) model inputted the following prompt: “Create an image of Joaquin Phoenix Joker movie, 2019, screenshot from a movie, movie scene.

Copyright Law 124

Copyright Law Copyright Law Related Rights 124

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

JD Supra Law

NOVEMBER 1, 2024

Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your brand becomes so famous that the trademark becomes synonymous with the product category. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Brands 122

Brands Branding Branding Marketing 122

Plagiarism Today

OCTOBER 28, 2024

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.

Plagiarism 220

Plagiarism Copyright 220

The IPKat

OCTOBER 28, 2024

The chair at the centre of the Dutch litigation on its own. Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum , C-227/23 , substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here ] , which was only issued last month. In essence, the CJEU ruled that EU Member States do not enjoy any competence to set their own reciprocity rules under the Berne Convention (in this case: Article 2(7) ), given that th

Art 128

Art Derivative Work Copyright Law 128

JD Supra Law

OCTOBER 30, 2024

On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 billion fine on Intel for the abuse of a dominant position on the x86 Central Processing Units (CPUs) market, specifically through the use of exclusivity rebates granted to several computer manufacturers.

Marketing 124

Marketing Marketing 124

Plagiarism Today

OCTOBER 30, 2024

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.

Copyright 211

Copyright Plagiarism 211

TorrentFreak

OCTOBER 29, 2024

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.

Publishing 121

Publishing Art Copyright Reporting 121

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

The IPKat

OCTOBER 30, 2024

The Duke's Aceto Balsamico di Modena. Over the years, The IPKat has reported on the growing body of case law issued by Italian courts concerning the extent to which the Italian Cultural Heritage Code (ICHC) prevents the use of assets belonging to the rich Italian cultural heritage without securing the prior authorization of competent administrative authorities.

Artwork 114

Artwork Copyright Litigation Law 114

JD Supra Law

NOVEMBER 1, 2024

Swiss company Scandit AG created an application called ShelfView, which enables retailers to verify the prices of various products and ensure that associated promotions are correctly updated. The application utilizes barcode scanning, optical character recognition, and augmented reality to analyze a store’s current inventory and make recommendations on any needed adjustments.

Privacy 115

Privacy Patent 115

Plagiarism Today

OCTOBER 29, 2024

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.

Plagiarism 200

Plagiarism Copyright 200

TorrentFreak

OCTOBER 31, 2024

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.

Fair Use 112

Fair Use Social Media Copyright Copyright Infringement 112

IP Watchdog

OCTOBER 28, 2024

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.

Patent 113

Patent Trademark Reporting Technology 113

JD Supra Law

NOVEMBER 1, 2024

Virtual and in-person attendees at the upcoming ICANN81 Annual General Meeting in Istanbul, Türkiye can look forward to a busy and engaging event from Nov. 9-14.

Intellectual Property 117

Intellectual Property Business 117

Plagiarism Today

OCTOBER 30, 2024

Chris Brown and Drake sued over No Guidance, LAION wins AI copyright case and CJEU rules all chairs get equal protection. The post 3 Count: No Guidance appeared first on Plagiarism Today.

Plagiarism 193

Plagiarism Copyright 193

The IPKat

OCTOBER 31, 2024

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

Invention 106

Invention Patent Art IP 106

TorrentFreak

OCTOBER 30, 2024

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

Reporting 104

Reporting IP Business Copying 104

JD Supra Law

OCTOBER 29, 2024

Luther Campbell, the former leader of 2 Live Crew, and the heirs of two other group members have won a legal battle over the rights to the group’s music. Lil’ Joe Records, owned by Joseph Weinberger, bought the group’s catalog in 1996 as part of Campbell’s bankruptcy proceedings.

Music 115

Music Patent Law 115

Plagiarism Today

OCTOBER 29, 2024

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.

Copyright 179

Copyright Plagiarism Copyright Infringement Trademark 179

IP Law 360

NOVEMBER 1, 2024

A Second Circuit panel on Friday said Ed Sheeran's hit "Thinking Out Loud" did not rip off Marvin Gaye's Motown classic "Let's Get It On," affirming a lower court's summary judgment order that concluded the musical building blocks of Gaye's song were not original enough to be protectable.

Music 98

Music 98

IP Watchdog

OCTOBER 29, 2024

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.

Patent 103

Patent Business Technology Government 103

JD Supra Law

OCTOBER 31, 2024

The basis for obviousness-type double patenting (ODP) is found in 35 U.S.C. § 101, establishing an applicant is entitled to a single patent, “a patent” or the “first” patent, for an invention.

Intellectual Property 107

Intellectual Property Patent Invention 107

Likelihood of Confusion

OCTOBER 31, 2024

Originally posted 2014-12-17 14:54:21. Republished by Blog Post Promoter[stextbox id=”info”]Now an annual Hanukkah “tradition,” this was first posted as “Blawg Review #242” in December 2009. As with the previous recycled Hannukah blawg review, I’ve changed the spelling of the holiday to Hanukkah to reflect standard usage.

Blogging 98

Blogging 98

IP Law 360

OCTOBER 31, 2024

A California federal jury has awarded software company Synopsys Inc. nearly $550,000 in damages after its competitor, Real Intent Inc., was found to have breached contractual agreements by copying certain commands from Synopsys' software — but the defendants' counsel considers the damages award a victory.

Copying 98

Copying IP 98

TorrentFreak

NOVEMBER 1, 2024

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.

Intellectual Property 94

Intellectual Property Copying Copyright Infringement Copyright 94

SpicyIP

OCTOBER 29, 2024

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.

Invention 92

Invention Art Patent Intellectual Property Law 92

JD Supra Law

OCTOBER 31, 2024

With the allure of tax incentives for foreign derived intangible income and an increase in foreign audits scrutinizing transfer pricing, bringing intellectual property (IP) back to the United States is increasingly attractive. Newly issued final IP repatriation regulations make the tax consequences of repatriating previously offshored IP more predictable and eliminate the risk of potential double taxation.

Intellectual Property 79

Intellectual Property IP 79

IP Law 360

OCTOBER 31, 2024

A Florida state appellate panel upheld indirect criminal contempt against an Everglades scientist after a lower court found he violated an order to return data he allegedly took upon resigning from his previous nonprofit job following a falling out with the CEO and went to work for a rival organization.

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TorrentFreak

OCTOBER 28, 2024

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.

Cinema 103

Cinema Copying Reporting Copyright 103

SpicyIP

OCTOBER 29, 2024

Poster for Vishnu Manchu starer action film “Rowdy” Image from here. [This post is co-authored with SpicyIP Intern Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Long post ahead.

Personality Rights 81

Personality Rights Moral Rights Privacy Intellectual Property Law 81

JD Supra Law

OCTOBER 30, 2024

Once upon a time in the Eastern District of New York, a cryptocurrency foundation, new owners of the sole copy of Wu-Tang Clan’s “Once Upon a Time in Shaolin,” filed suit against the album’s former purchaser, Martin Shkreli, accusing him of wrongfully retaining copies of album data with the intent to publicly release it. The dispute has proved contentious, with the Court now set to weigh a motion against Shkreli for contempt.

Copying 81

Copying 81

IP Law 360

OCTOBER 31, 2024

The Justice Department’s emerging criminal crackdown on corporate national security violations is putting increased pressure on white collar lawyers to be conversant, if not experts, on opaque, complex and swiftly evolving regulations.

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TorrentFreak

OCTOBER 30, 2024

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

Brands 92

Brands Branding Branding Marketing 92