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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Ad Blocking Infringes Copyright? Ancient Sony Cheat Lawsuit May Prove Pivotal

TorrentFreak

The promise that pretty much everything is available for free on the internet was one of the key driving forces behind surging uptake at the end of the century. The reality was more nuanced, of course. The marketing and framing of this utopian vision relied on the relative naivety of most internet users. None were strangers to adverts appearing on TV, radio or in print, so the concept needed no explaining.

Copyright 139
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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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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

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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 124
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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 217
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Checklist for Preparing a Trademark Application

Erik K Pelton

The following is an edited transcript of my video Trademark Application Checklist. One of the great resources produced by the USPTO for trademark filers is the Trademark Manual of Examining Procedure (TMEP), which has hundreds of sections, guidelines, rules and procedures. Within that (TMEP, Sect. 818), there’s a particularly useful checklist which lists more than 20 items for new trademark applications and the things that go into it.

Trademark 130
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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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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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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 116
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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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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 116
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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 113
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Pirate IPTV Services Blocked For Pirating The Olympics

TorrentFreak

When it comes to the protection of its intellectual property rights, the International Olympic Committee (IOC) is notoriously uncompromising. Hardly a surprise given the role the brand and other rights play in this global sporting event. Non-Profits Always Worry About Piracy With piracy always a concern to those at the top of the multi-billion dollar non-profit Olympic pyramid, those fears naturally filter down to other non-profit entities involved every four years.

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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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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.

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Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today

SpicyIP

In the wake of the Ministry of Commerce and Industry’s announcement to bring the Jan Vishwas (Amendment of Provisions) Act in force on August 1, we are pleased to bring to our readers a tidbit on the development by SpicyIP intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings.

Business 110
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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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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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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 109
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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 107
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South Africa Rejects Copyright Lobby Critique, Defends Broad ‘Fair Use’ Exceptions

TorrentFreak

The American copyright industry is one of the country’s primary exports, generating billions of dollars in annual revenue. Whether it’s movies, music, software or other goods, U.S. companies are among the global market leaders. To protect the interests of these businesses around the world, copyright holder groups can count on help from the U.S.

Fair Use 112
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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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DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue 

SpicyIP

On July 12, 2024, the Delhi High Court (DHC) issued two orders in a matter involving a dispute between Phonographic Performance Limited (PPL) and Al-Hamd Tradenation concerning interim injunctions and compulsory licensing (CL). This post analyses the astuteness of the two orders and the implications this jurisprudence will have on future litigations involving similar matters.

Licensing 105
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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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IOC Sends Thousands of DMCA Notices to Deter ‘Olympics’ Piracy

TorrentFreak

The International Olympic Committee ( IOC ) is known to be very protective of its intellectual property rights. Using an image of the Olympic rings or even just the word ‘Olympic’ can lead to legal trouble, especially when use takes place in a commercial context. Most valuable, however, are IOC’s broadcasting rights. With literally billions of dollars at stake, the IOC and its licensing partners are doing everything in their power to prevent people from enjoying their events without permis

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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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Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

SpicyIP

Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Now, one may wonder what’s the harm in posting a simple congratulatory message and if such a measure is a little too extreme. Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post

Branding 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 105
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Nhentai ‘Pirate’ Site Wants Court to Quash ‘Improper’ Cloudflare DMCA Subpoena

TorrentFreak

Internet infrastructure service Cloudflare serves millions of customers around the globe, providing various connectivity and security features. When it comes to DMCA takedown requests, the company has always drawn a clear line; when it doesn’t store any content for a customer, it will simply forward DMCA takedown requests to the customer’s hosting company.

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The Intersection of Copyright Law and Online Education

IP and Legal Filings

INTRODUCTION It is evident that the significance of online education has risen over time, and even more so in the period that followed the COVID-19 outbreak. With over 1.90% of learners disturbed and 5 billion learners influenced, online education is the best solution for the continuation of classes in the time of lockdowns and more. This change, as a result, has promoted the use of the new online learning environment in educational institutions across the globe making online education normal.

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Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024

SpicyIP

Image by mamewmy on Freepik On July 2, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (Holding Inquiry and Appeal) Rules, 2024. In light thereof, we are pleased to bring to our readers detailed comments on the Proposed Rules authored by Rishabh, Praharsh and Swaraj. The submission is divided into two parts- General Comments and Substantive Comments on the Draft Rules.

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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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High-Tech Karaoke Piracy Crackdown, 18 Arrested and Streaming Servers Seized

TorrentFreak

Depending on personalities and intake of alcohol, a karaoke night can see people demanding to be next on the mic or scurrying away before they’re forced to do something they’ll later regret. According to reports, karaoke in the West may be set for a resurgence but in Asia, karaoke (’empty orchestra’) never went away. In Japan, it still receives an 80%+ approval rating among high school students with around half of 20 to 24-year-olds regularly taking part.

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