Sat.Jul 27, 2024 - Fri.Aug 02, 2024

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How Pirates are Profiting from YouTube

Plagiarism Today

Recently, a slew of pirated films have been appearing on YouTube. The reason is simple: Money. Here's how the pirates are profiting. The post How Pirates are Profiting from YouTube appeared first on Plagiarism Today.

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25 Examples of Great Small Business Brands

Erik K Pelton

Great brands are everywhere – you just have to look! The post 25 Examples of Great Small Business Brands appeared first on Erik M Pelton & Associates, PLLC. Great brands are everywhere – you just have to look!

Branding 130
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Coons/Cotton RESTORE Patent Rights Act Would Abrogate eBay

IP Watchdog

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) today introduced a bill to restore the presumption of injunctive relief to patent owners facing infringement. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 would essentially abrogate eBay v. MercExchange, a case that many patent owners argue has played a key role in weakening the value of patents in the decades since the ruling.

Patent 140
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FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

JD Supra Law

This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be essential to industry standards (SEPs) and are subject to commitments to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.

Licensing 121
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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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3 Count: Facebook Fraud

Plagiarism Today

Gloria Gaynor sues former producer over contract, pirate site seeks to quash DMCA subpoena and scammers target Facebook influencers. The post 3 Count: Facebook Fraud appeared first on Plagiarism Today.

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Searching for Conflicts: the Most Important Step for a New Trademark

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 5: Searching for Conflicts. After brainstorming name ideas and developing a solid list of possibilities, the second major step on the way to trademark protection is to do some preliminary searching to see if there are any obvious conflicts in use that could present an infringement or a registration issue.

Trademark 130

More Trending

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Copyright Office Recommends Unassignable Federal Right to Digital Replicas in First Generative AI Report

IP Watchdog

On the same day that a group of senators introduced a bill—the “NO FAKES Act”—to create a right for individuals to control digital replicas of their voice and likeness, the U.S. Copyright Office issued a report addressing digital replicas created by artificial intelligence (AI). This is part one of the agency’s broader report on issues related to the exploding use of generative AI platforms.

Reporting 113
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3 Count: Olympic Takedowns

Plagiarism Today

Lawsuit against OpenAI gets trimmed, the IOC sends thousands of takedown notices and Garry's Mod resolves DMCA dispute over Skibidi Toilet. The post 3 Count: Olympic Takedowns appeared first on Plagiarism Today.

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Revving halt: EUIPO upholds refusal to register Porsche’s accelerating engine sound mark

The IPKat

By decision of 20 June 2024 (R 1900/2023, original German version here and English machine translation here ), the Board of Appeal (BoA) of EUIPO confirmed the initial refusal (see The IPKat here ) to register a sound mark consisting of an accelerating engine noise. The BOA confirmed the lack of distinctive character because the requested sound sequence represents a characteristic typical of electric vehicles, namely the acceleration or improvement of their performance until they reach the desir

Branding 111
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Shopify Fights Off Infringement Suit Over Retail Patents

IP Law 360

A Los Angeles federal judge has ruled that the CEO of a failed digital media startup can't sue using patents he landed a few years ago to cover ideas he says Shopify took from him years earlier because the patents aren't inventive enough.

Patent 105
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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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Senators Introduce NO FAKES Act to Create a Universal Right to Control Digital Replicas

IP Watchdog

Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC) today officially introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024” (NO FAKES Act). A discussion draft of the bill was first introduced in October 2023 with the stated goal of “protect[ing] the voice and visual likenesses of individuals from unfair use through generative artificial intelligence (GAI).

Art 113
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Copyright Claims Board Rules Against Petco

Plagiarism Today

The Copyright Claims Board has issued another final determination. This one finds against Petco, though the claimant isn't a victor either. The post Copyright Claims Board Rules Against Petco appeared first on Plagiarism Today.

Copyright 228
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July 2024 Roundup of Copyright News

Copyright Alliance

In July, several much-anticipated actions were taken on artificial intelligence and on other topics. The U.S. Copyright Office published a highly anticipated report on AI issues and new regulations relating […] The post July 2024 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 106
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Be an Expert: Precedential PTAB Decision on Conclusory Expert Testimony

JD Supra Law

A recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on expert declarations in their inter partes reviews (“IPR”). On August 24, 2022, the PTAB denied institution of an IPR filed by Xerox Corp., ACS Transport Solutions, Inc., Xerox Transport Solutions,…. By: Baker Botts L.L.P.

Patent 105
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The Questionable Motivation Behind Twitter’s Rebrand Continues – Along with Two Federal Lawsuits

IP Watchdog

X Corp., formerly known as Twitter Inc., was hit with another trademark infringement lawsuit last week out of the Northern District of California. The plaintiff, DB Communications LLC d/b/a Multiply, sued X Corp., claiming trademark infringement under the Lanham Act, among other claims, based on its use of the ‘X’ trademark.

Trademark 104
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Understanding the NO FAKES Act

Plagiarism Today

A new bill aims to protect individuals from AI deepfakes by using copyright as a template. But will it actually work? The post Understanding the NO FAKES Act appeared first on Plagiarism Today.

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Wheeling & Appealing: The Latest Must-Know Appellate Action

IP Law 360

In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.

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‘Indian Police Pinpoint Seat of Movie “Camming” Pirate by Analyzing the Film Angle’

TorrentFreak

As the home of Bollywood, India has a thriving movie industry that’s known all around the world. At the same time, the country also has one of the highest piracy rates, which is seen as a major threat by industry insiders. Following pressure from U.S. movie companies, India’s government recently agreed to update its Cinematograph Act to outlaw ‘cam’ piracy.

Cinema 105
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Federal Circuit Affirms PTAB Win for Unified But Clarifies Reading of Rehearing Regulation

IP Watchdog

In a precedential decision today, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld a Patent Trial and Appeal Board (PTAB) determination that all claims of a patent on voice command technology were unpatentable, but clarified that arguments not raised in a PTAB request for rehearing are not necessarily forfeited on appeal.

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3 Count: Skibidi DMCA

Plagiarism Today

Skibidi Toilet creator files DMCA over Garry's Mod, Indian police arrest film camming suspect and 6ix9ine loses default judgment. The post 3 Count: Skibidi DMCA appeared first on Plagiarism Today.

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DC Circ. Rejects Speech Rights Challenge To DMCA

IP Law 360

A D.C. Circuit panel on Friday knocked down a challenge to a provision of the Digital Millennium Copyright Act that bars circumventing digital locks on copyrighted material, ruling that the law is in line with the First Amendment.

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Kim Dotcom Denied Leave to Appeal High Court’s Dismissal of His Appeal Against Human Rights Tribunal Decision

TorrentFreak

Three years after the raids that dismantled his Megaupload empire, it was clear that Kim Dotcom was digging in for the long haul. Whether even he anticipated just how long that haul would be is unclear. Having taken every imaginable step to make his prosecution and likely extradition as difficult as possible, it certainly can’t be ruled out. For Dotcom, information has proven to be a valuable and flexible commodity; in 2015 he made dozens of requests to numerous government departments to g

Privacy 98
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No FAKES Act Introduced:  A Big Deal for Performing Artists and Everyone Else

The Illusion of More

Ever since the generative artificial intelligence (GAI) controversy began heating up, I’ve had several conversations with friends and colleagues who are voice actors and have had to disappoint them by repeating the fact that copyright law does not protect a person’s “likeness,” which includes one’s voice. And I’ve had similar conversations with colleagues focused on […] The post No FAKES Act Introduced: A Big Deal for Performing Artists and Everyone Else appeared first on The Illusion of

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Copyright, Plagiarism and Choreography

Plagiarism Today

Choreographer Courtney Ortiz accused a Spanish dance instructor of plagiarism. The case highlights how copyright is changing dance. The post Copyright, Plagiarism and Choreography appeared first on Plagiarism Today.

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True or False? Addressing Common Assumptions About Copyright and AI

Velocity of Content

Copyrighted materials are the fuel for artificial intelligence (AI) systems, but misunderstandings persist about how copyright applies to the use of content as training material for AI models. These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others.

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How To Grow Marketing, Biz Dev Teams In A Tight Market

IP Law 360

Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

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The Internet of Things: A threat to yummy trademarks?

Likelihood of Confusion

Originally posted 2015-01-30 12:02:44. Republished by Blog Post PromoterThis item came across the ether yesterday: RT @adage: Edible 3-D food printing becomes a reality at Hershey [link] pic.twitter.com/LVWDV2ioe2 — Likelihood TM Blog (@likely2confuse) January 29, 2015 Adorable. Delicious. Here’s what it is: Need an afternoon chocolate break? Turn on the CocoJet 3-D printer and make […] The post The Internet of Things: A threat to yummy trademarks?

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3 Count: Matching Rights

Plagiarism Today

Warner Bros. Discovery sues NBA over rights deal, UK artist battles with trust over Queen portraits and the IOC targets piracy. The post 3 Count: Matching Rights appeared first on Plagiarism Today.

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Digital Equity Act Programs Provide Resources and Support to Persons with Disabilities

U.S. Department of Commerce

July marks the 34 th anniversary of the Americans with Disabilities Act and serves as a reminder of the importance of inclusivity and accessibility in every aspect of our society, especially in the digital realm. Individuals with disabilities often experience barriers to digital equity, such as obtaining affordable assistive technologies, encountering inaccessible websites and digital content, and struggling to access reliable Internet service.

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Trade Secrets Cases To Watch In 2024: A Midyear Report

IP Law 360

A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.

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Outside Investments in Civil Litigation Jeopardize U.S. Innovation and Productivity

IP Watchdog

Strong intellectual property rights are a cornerstone of the modern American economy. When inventors and creators know that their work will be protected, they are more likely to invest time, money, and resources into developing new ideas and technologies. This, in turn, leads to the creation of new products, services, and entire industries, which drive economic growth and create jobs.

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Sports Leagues See ‘X’ as the ‘Home of Social Media Piracy’

TorrentFreak

Similar to other user-generated content platforms, X allows people to freely share content online. This includes text, images, music, video, and live streams. In some cases, content is shared by users of X without first obtaining permission from rightsholders. Over the years, various parties have called out Twitter/X over alleged copyright infringement.

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Judgments vs. Judgment Liens | Impacting Public Record Due Diligence - Cogency Global

Cogency Global

What this is : If you are responsible for conducting public record due diligence searches, then your due diligence checklist includes UCC , state and federal tax liens , judgments and federal intellectual property searches or some combination thereof along with other important closing tasks. After all, these are standard practice in the M&A and financing domains and generally everyone knows what is needed for these types of transactions.

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Think Like A Lawyer: Dance The Legal Standard Two-Step

IP Law 360

From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

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Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

Technology & Marketing Law Blog

Ryanair recently “prevailed” in its CFAA claim in its litigation against Booking.com. I use scare quotes around “prevailed” because, according to the jury verdict , the actual damages suffered by Ryanair were $5,000. $5,000 just so happens to be the exact minimum statutory threshold for losses to state a claim under the CFAA. As in, if the jury concluded Ryanair had suffered $4,999.99 worth of losses, Booking.com would have “prevailed.