Erik K Pelton

JANUARY 4, 2024

The following is an edited transcript of my video When Two Identical Brand Names Coexist People often have the mistaken impression that a trademark has to be completely unique in the universe. That would have a real limiting effect on the number of brands that are out there because Apple, for instance, is in the name for many businesses. There’s Apple the computer and iPhone maker, and Apple Records and many other businesses that have Apple in the name that are in different industries or f

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Plagiarism Today

JANUARY 3, 2024

Harvard President Claudine Gay has resigned her position following a month-long plagiarism scandal that could have easily been avoided. The post Harvard President Claudine Gay Resigns appeared first on Plagiarism Today.

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Hugh Stephens Blog

JANUARY 3, 2024

Image:www.shutterstock.com There is no better way to start out the New Year, 2024, with a commentary on Artificial Intelligence (AI) and copyright. It was the big emerging issue in 2023 and is going to be even bigger in 2024.

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Intellectual Property Law Blog

JANUARY 2, 2024

In Elekta Limited v. Zap Surgical Systems, Inc. , No. 21-1985 (Fed. Cir. Sept. 21, 2023) , the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining obviousness under 35 U.S.C. § 103. Background Elekta Limited (“Elekta”) is the owner of U.S. Patent No. 7,295,648 (the “’648 patent), which discloses “a device for treating a patient with ionizing radiation for certain types of radiosurgery and radiation therapy.

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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

JANUARY 3, 2024

Brand protection is our business—and that includes our own brand. Erik shares a recent trademark registration our firm received for one of our own logos in this podcast. The post Trademark Lawyers Have Trademarks Too appeared first on Erik M Pelton & Associates, PLLC. Brand protection is our business—and that includes our own brand. Erik shares a recent trademark registration our firm received for one of our own logos in this podcast.

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Plagiarism Today

JANUARY 2, 2024

Law firm sues competitor over copied brief, pirate site closure was exaggerated, and a horror game based on Steamboat Willie is announced. The post 3 Count: Scary Mouse appeared first on Plagiarism Today.

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IP Watchdog

DECEMBER 31, 2023

We are less than 24 hours out from 2024 and, after reflecting on what mattered in 2023 and other year-in-review recaps, it is now time once again to ponder what lies ahead. From exciting patent legislation to Supreme Court trademark and copyright cases that could have big implications, here is what the IPWatchdog community will be keeping on its radar in the new year.

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Barry Sookman

JANUARY 3, 2024

Introduction The question as to whether the generative AI (GenAI) systems and their use infringes copyright is a hotly debated one, with no fewer than 12 proposed class actions and 3 lawsuits in the United States and one in the United Kingdom already focused on resolving this question. The question is a central one for the creative community as well as for the GenAI platforms and, as the recent suit involving the New York Times against Open AI and Microsoft shows, it is permeated with significan

Copyright Infringement 125

Copyright Infringement Copyright 125

Plagiarism Today

JANUARY 2, 2024

The New York Times recently sued both OpenAI and Microsoft. Here's why their case is different, and likely stronger, than many others. The post Why The New York Times AI Case is Different appeared first on Plagiarism Today.

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JD Supra Law

JANUARY 4, 2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. By: Wolf, Greenfield & Sacks, P.C.

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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

Patently-O

JANUARY 4, 2024

Hsuanyeh Law Group v. Winston & Strawn , 23-cv-11193 (S.D.N.Y. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attor

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

TorrentFreak

JANUARY 1, 2024

Any content creator who sees their work being used by unauthorized third-parties can file DMCA notices against platforms communicating that content to the public. Platforms should respond by taking allegedly-infringing content down but in practice, some do and some don’t. Full-blown pirate sites may not respond to notices at all for obvious reasons but some entirely legitimate platforms also refuse to comply in appropriate circumstances.

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Plagiarism Today

JANUARY 4, 2024

A law firm has filed a lawsuit against a competitor alleging copyright infringement over a copied brief, testing both ethical and legal norms. The post Law Firm Sues Competitor Over Copied Brief appeared first on Plagiarism Today.

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IP Watchdog

JANUARY 5, 2024

Recently, amendments to the Implementing Regulations of the Chinese Patent Law were issued and will take effect from January 20, 2024. The Regulations align with the revisions made to the Patent Law in 2020 and provide further guidance. The main changes to the new Regulations, as compared with the 2010 version of the Regulations, can be summarized as follows.

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Patent Law Law Patent Government 122

JD Supra Law

JANUARY 3, 2024

Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California.

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Intellectual Property Patent 120

TorrentFreak

JANUARY 4, 2024

Over the past decade, platforms including Sci-Hub, Libgen and Z-Library have broken through a sea of movie, TV show, music and similarly unlicensed platforms to take their own places on the piracy front lines. In 2022, a platform called Pirate Library Mirror appeared on the scene, courting controversy right from the start after obtaining a full copy of Z-Library before the site’s legal troubles began. “We deliberately violate the copyright law in most countries.

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Publishing Journalism Marketing Marketing 126

Plagiarism Today

JANUARY 4, 2024

Zayn Malik seeks dismissal of lawsuit, Italian government orders blockade of Anna's Archive and streaming music converter leaks user data. The post 3 Count: Leaky Data appeared first on Plagiarism Today.

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SpicyIP

DECEMBER 30, 2023

[ This post has been co-authored with Jyotpreet Kaur, Tejaswini Kaushal, Praharsh Gour, and Swaraj Barooah ]. As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. And as we move to the cusp of the new year, here’s to wishing our readers a very happy and healthy year ahead! As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements

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IP Copyright Trademark Intellectual Property 116

JD Supra Law

JANUARY 3, 2024

Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed throughout the year. Now is the perfect time for a check-up on the status of your company’s brands.

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TorrentFreak

JANUARY 3, 2024

Every day, millions of people from all around the world use BitTorrent to download and share files. Most of these transfers are facilitated by third-party torrent trackers, which help file-sharers connect to each other. When someone asks for information referenced by a specific torrent hash, the tracker will respond with a list of peers, if available.

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Technology Reporting Copyright 124

Plagiarism Today

JANUARY 3, 2024

RCN faces another copyright lawsuit, New Japan Pro Wrestling files takedown against themselves and Steamboat Willie horror film announced. The post 3 Count: Self Strike appeared first on Plagiarism Today.

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IP Watchdog

JANUARY 4, 2024

On December 27, less than one week before the National Hockey League’s (NHL) Seattle Kraken defeated the Vegas Golden Knights in the 2024 Winter Classic, a lawsuit was filed in the Western District of Washington against the Kraken. The lawsuit alleges that Seattle’s NHL franchise wore an infringing jersey during the Winter Classic, and has sold infringing merchandise, after shutting out the legitimate business interests of a passionate Seattle-area fan who revived that city’s championship legacy

Business 111

Business Litigation Trademark Intellectual Property 111

Likelihood of Confusion

JANUARY 5, 2024

I don’t watch a lot of TV — don’t even have one, actually. And I only raise the topic because that is my excuse for missing this epochal commercial riffing. The post Don’t say it! SUPER BOWL®, that is. appeared first on LIKELIHOOD OF CONFUSION™.

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Fair Use Branding Brands Branding 105

TorrentFreak

DECEMBER 30, 2023

The music industry obtained a pioneering injunction to compel Danish ISPs to implement site-blocking measures back in 2006. The goal was to limit access to unlicensed Russian music download platform AllofMP3, but the action also represented the thin end of a site-blocking wedge still being tapped in today. Broadcaster and site-blocking proponent Canal+ believes that when service providers implement technical measures to prevent access to pirate sites, that helps to reduce piracy rates.

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Reporting Music Publishing Designs 116

Nelligan Law

JANUARY 4, 2024

Reading Time: 3 minutes If you are one of the many people who got engaged over the holidays, a new year brings with it new beginnings. Marriage is exciting and should be one of the happiest times in life. The reality is, however, that marriage brings a lot of financial responsibility to your partner. Many people don’t think about those realities when they “pop the question” or “say yes.

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Contracts Business Law Blogging 104

IP Watchdog

JANUARY 3, 2024

The U.S. Copyright Office issued a Notice of Proposed Rulemaking in the Federal Register today offering a new group registration option for frequently updated news websites. According to the Federal Register Notice (FRN), the option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.

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Registration Copyright Business Government 111

Likelihood of Confusion

DECEMBER 31, 2023

Have you ever been to an Apple Store? I have, and I found it a painful experience. But that was only because I was at least 20 years older than. The post Apple of your eye appeared first on LIKELIHOOD OF CONFUSION™.

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TorrentFreak

DECEMBER 31, 2023

The new year can’t start without reflecting the current one; looking back at the major stories of the past months. For writers and readers, the news often passes by, with major headlines swiftly fading into the background. At times like these, it’s good to realize that, for people who are featured or closely involved, those events are often life-altering.

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Copyright Alliance

JANUARY 3, 2024

2023 was an extremely busy year for artificial intelligence (AI). That was especially true for copyright issues related to AI, which sparked several Congressional hearings, a study by the U.S. […] The post AI and Copyright Law in 2023: Federal Government Activities appeared first on Copyright Alliance.

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Copyright Law Government Copyright Law 101

IP Watchdog

JANUARY 3, 2024

The U.S. Copyright Office issued a Notice of Proposed Rulemaking in the Federal Register today offering a new group registration option for frequently updated news websites. According to the Federal Register Notice (FRN), the option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.

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Registration Copyright Business Government 110

IP Law 360

JANUARY 4, 2024

The U.S. Patent and Trademark Office on Thursday named former Shook Hardy & Bacon LLP partner Sharon Israel as its newest Chief Policy Officer and Director for International Affairs, effective Jan. 8.

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IP Trademark Patent 98

TorrentFreak

JANUARY 4, 2024

While streaming piracy dominates in many parts of the world, quite a few Lithuanians prefer sharing content using BitTorrent instead. Private torrent tracker Linkomanija is often the top choice. The site has been around for two decades and has weathered many storms, including a high-profile lawsuit from Microsoft. The tracker’s users have also been called out repeatedly.

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Reporting Television Intellectual Property IP 112

Velocity of Content

JANUARY 4, 2024

This piece originally appeared in Research Information. Re-published with permission. With the Retraction Watch database hitting almost 50,000 items and an ever-growing number of high-profile research misconduct cases , questions around the veracity of published research findings are becoming uncomfortably common. Verifying the accuracy of published research is a meticulous and rigorous process.

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Publishing Plagiarism Technology Copyright 98

IP and Legal Filings

JANUARY 2, 2024

Introduction Parties seeking an alternative to the traditional court system, often turn to Arbitration as a means of dispute resolution. It is a consensual process wherein parties agree to submit their case to an impartial third party, an arbitrator, or a panel of arbitrators. However, determining the arbitrability of a dispute requires a consideration of various factors, such as the specific laws, the jurisdiction, the terms of the arbitration agreement, the nature of the dispute, etc, as the n

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Intellectual Property IP Licensing Ownership 98

IP Law 360

JANUARY 4, 2024

An Illinois federal judge handed French Montana a win Thursday in a copyright lawsuit brought by a young musician who alleged the rapper sampled his song to make his hit single "Ain't Worried About Nothin'," but noted the win was merely "technical" and not "a substantive victory" for the rap star.

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