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!

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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.

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Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

JD Supra Law

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many websites have attempted to prohibit AI data scraping of their content through their terms of use, a federal court clarified this year that the extent to which public data may be scraped from social media platforms should be governed by federal copyright law.

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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.

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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.

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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.

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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).

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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

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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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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.

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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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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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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 109
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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.

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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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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.

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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.

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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.

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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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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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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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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

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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

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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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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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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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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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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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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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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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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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CAFC Upholds USPTO Estoppel Regulation But Limits Application to New or Amended Claims

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday in SoftView LLC v. Apple Inc. held that the Patent Trial and Appeal Board (PTAB) properly applied the estoppel provision of 37 CFR § 42.73(d)(3)(i) in invalidating Softview’s amended claims submitted in inter partes and ex parte reexaminations. The PTAB held and the CAFC affirmed that the claims were not patentably distinct from claims previously invalidated in inter partes review (IPR) proceedings involving SoftView, and the cou