Sat.Nov 09, 2024 - Fri.Nov 15, 2024

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Does AI Replace Human Creators?

Plagiarism Today

A new study published in the Harvard Business Review examines the impact of AI systems on human creators. The answers are not encouraging. The post Does AI Replace Human Creators? appeared first on Plagiarism Today.

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25 Tips for Filing a Trademark Application

Erik K Pelton

The following is an edited transcript of my video 25 Trademark Application Tips. Choose wisely. Choosing a distinctive creative name is very important. Know about the spectrum of trademarks, which is going to help you choose wisely. Do a clearance search from the beginning before you begin the registration process. Use an attorney. We know that using an attorney leads to better results in general and has many benefits.

Trademark 130
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Will AI Copyright Claims Keep Standing After New Ruling?

Copyright Lately

Why a new court win for OpenAI and a tough Supreme Court standard could leave AI copyright claims on shaky ground. A relatively obscure Supreme Court case involving the Fair Credit Reporting Act might seem like an odd fit for the high-stakes world of copyright in the age of artificial intelligence. But it’s time to start paying attention to the Court’s 2021 ruling in TransUnion v.

Copyright 117
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FMovies Piracy ‘Mastermind’ Confesses, Authorities Confirm Piracy Prosecution

TorrentFreak

After eight years of unprecedented uptime and reliability, the collapse and eventual demise of pirate streaming giant FMovies looked much like the demise of any other. Cracks first started to emerge in June 2024 when the site stopped updating with new content. A few weeks later in mid-July, FMovies disappeared entirely, without any explanation from its operators or indeed anyone else.

Copying 117
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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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Two Studies Retracted for Using Pirated Software

Plagiarism Today

Two papers have been retracted after a software company objected to the use of pirated software. Here's what researchers need to watch for. The post Two Studies Retracted for Using Pirated Software appeared first on Plagiarism Today.

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[GuestPost] How the European Patent Office uses AI to facilitate patent searches

The IPKat

The AmeriKat has the t-shirt.now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. Over to Kate for the report: "The European Patent Office (EPO) has embraced artificial intelligence (AI) to enhance the efficiency of its patent document searching process.

Patent 118

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Why Filing a Trademark Application Without a Lawyer is a Big Mistake

Erik K Pelton

Top 3 reasons to hire an attorney to file your trademark application. The post Why Filing a Trademark Application Without a Lawyer is a Big Mistake appeared first on Erik M Pelton & Associates, PLLC. Top 3 reasons to hire an attorney to file your trademark application.

Trademark 130
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3 Count: Dare to Know

Plagiarism Today

Yes band members sued over Dare to Know, FMovies leader confesses and Shein must face both RICO and copyright claims. The post 3 Count: Dare to Know appeared first on Plagiarism Today.

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SpicyIP Weekly Review (November 4-November 10)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. This and a lot more in this week’s SpicyIP Weekly Review.

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Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

JD Supra Law

What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more popular, celebrity athletes and musicians have taken notice and jumped into the game. This is true for both forms of cannabis, including marijuana and hemp.

Brands 126
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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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Dutch Court Orders ISP to Block Torrent Site TorrentGalaxy

TorrentFreak

Pirate site blocking is one of the entertainment industry’s favorite enforcement tools. In recent years, it’s become a common practice in many countries around the world. In the Netherlands, it took over a decade for the first order to be approved. After detours through the Supreme Court and the EU Court of Justice, the final order was issued in 2020, targeting The Pirate Bay.

Copyright 113
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Plagiarism in Pop Culture: South Park

Plagiarism Today

South Park is not afraid of controversy. However, this time capsule episode about plagiarism in the music industry is very interesting. The post Plagiarism in Pop Culture: South Park appeared first on Plagiarism Today.

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Diversification and Economic Development: Insights from the WIPO “Making Innovation Policy Work for Development” Report 2024

SpicyIP

In May 2024, WIPO published a report titled “ Making Innovation Policy Work for Development ” on the need for economies to diversify for better utilization of knowledge and eventually economic prosperity. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India. Deepali Vashist is a third-year law student at NLSIU Bangalore.

Reporting 104
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Virtual Worlds, Real Rules: EU Parliament’s First Take on IP in the Metaverse

IP Watchdog

Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.

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Nintendo v. Pomelo: Yuzu-Based iOS Switch Emu in Circumvention Dead End

TorrentFreak

At the start of 2024, few would’ve believed that Nintendo had a plan up its sleeve that would turn the Switch emulator scene upside down in a matter of months. That Nintendo’s core strategy is effective regardless of the target, and appears flexible enough to put pressure on pro-piracy speech , is a rarity in itself. Even the timing and pace seem to have been measured to perfection.

Copying 102
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3 Count: Per Song or Per Album

Plagiarism Today

Record labels appeal damages decision to Supreme Court. Roblox settles with toymaker, and sports leagues target Google. The post 3 Count: Per Song or Per Album appeared first on Plagiarism Today.

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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

SpicyIP

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Bhuwan Sarine discusses and analyzes this perspective, offering his thoughts on Dr.

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Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law

JD Supra Law

Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh Circuit held that U.S. trade secret law applies extraterritorially—reaching the theft of trade secrets outside the United States—so long as “an act in furtherance” of the offense was committed in the United States.

Law 114
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When is a Trademark Registration Due for Renewal?

Erik K Pelton

The following is an edited transcript of Chapter 20 of my book video Building a Bold Brand: Details and Timing for Maintaining a Trademark Registration It is critical to docket the deadlines and to properly file for renewal when the time is appropriate. The initial filing after registration is due between the fifth and sixth anniversary of the issuance of the registration certificate.

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Kärcher successfully enforces its abstract colour trade mark

The IPKat

Decisions on the enforcement of abstract colour trade marks are rather rare. This is certainly due to the fact that obtaining protection for such marks is not easy in the first place. Colours are generally considered not to be inherently distinctive. As a consequence, trade mark protection for single colours or colour combinations is limited to well-known colours that have acquired distinctiveness through use.

Law 112
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Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark

SpicyIP

Discussing the recent controversy around Samsung India’s opposition to it’s workers’ application seeking to register ‘Samsung India Thozhilalar Sangham, under the Trade Union Act, Bharathwaj examines previous instances where trade unions have locked horns with trademark laws and assesses whether the Trademarks Act extends protection to proprietors against the use of their marks in any trade union’s name.

Trademark 104
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France’s Legal Privilege: Only for Attorneys-at-Law and Patent/Trademark Attorneys; Not (yet) In-House Counsel

JD Supra Law

In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or self-employed) and, under certain conditions, to patent/ trademark attorneys. In-house counsels thus do not benefit from legal privilege in France, regardless of whether they are or were previously qualified and registered as attorneys-at-law.

Law 112
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Per-Song or Per-Album? Record Labels Challenge Court’s Piracy Damages Ruling

TorrentFreak

In late 2022, several of the world’s largest music companies including UMG, Warner and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

Music 104
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Marching In On Orange Book Drugs May Have Limited Effect

IP Law 360

Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

Patent 109
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The Rise of ‘Non-Transitory’ Claims: How a Single Word Became Key to Software Patent Eligibility

Patently-O

by Dennis Crouch Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. This dramatic rise illustrates both the central role of software in our patent system and the peculiar formalistic requirements that have emerged around software patent eligibility under 35 U.S.C. § 101.

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To Be Or Not To Be: Self-Revocation of Seminal European Patents Creates New Uncertainty In CRISPR IP Space

JD Supra Law

There is no shortage of surprises and twists in the decade-long fight over the control of dominant IP in the CRISPR space. The newest one is the self-revocation of two seminal CRISPR patents in Europe by the team led by two Nobel Laureates Emmanuelle Charpentier and Jennifer Doudna (aka “CVC”).

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DAZN’s Piracy Shield ‘Smart TV’ Block Revoked After IPTV Portal Complaint

TorrentFreak

While judicial oversight may be initially unavoidable when site-blocking is first introduced to a country, systems with less friction are strongly preferred. The law that supports Italy’s Piracy Shield system allows for blocking with no judicial oversight. An amendment passed quietly last year now allows rightsholders to block online resources without any input from telecoms regulator AGCOM.

Reporting 125
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AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

The IPKat

Last month, Advocate General (AG) Szpunar issued his Opinion in case C-575/23 , this being the first request for a preliminary ruling on the interpretation of Directive (EU) 2019/790. The referral, which originates from the Belgium's Supreme Administrative Court [see The IPKat here on the national proceedings], concerns the interpretation of Arts. 18 to 23, which govern fair remuneration in exploitation contracts of authors and performers.

Law 110
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Common Mistakes to Avoid When Registering a Trademark

IP and Legal Filings

Introduction Registration of a trademark is an important step toward building a brand on solid ground. However, the process is quite challenging, and small mistakes can result in everything being disarranged, with regard to causing delays in the application, litigations, or even refusal of the application. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.

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Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing yesterday in which Register of Copyrights Shira Perlmutter told the Subcommittee members that the Office is still working to get parts two and three of its promised report on Copyright and Artificial Intelligence out by the end of this year.

Reporting 119
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Men Arrested in Magis TV Piracy Raids Also Face Malicious Software Charges

TorrentFreak

There are dozens of recognizable brands in the illegal streaming market, all jostling for position in a chaotic market where trademarks are copied even more readily than movies or live TV streams. In Latin America, one brand stands out more than most, and not just because it has a bright orange logo. Believed to operate out of China, illegal streaming service Magis TV is consumed via a now ubiquitous Android app, made available on hundreds of websites, including those operated by a very large ne

Brands 102
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[GuestPost] 59% of IPKat readers say its time to overhaul patent exclusions

The IPKat

At the end of August (remember those halcyon days?), the IPKat published a post by KatFriend, Peter Arrowsmith ( GJE ) on the Court of Appeal's decision in Emotional Perception , together with a poll asking if it was time for an overhaul of the exclusions to patent protection. Having given readers three months to cast their vote, Peter is back to share the results of the IPKat poll.

Patent 105
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BREAKING: Vidal To Leave USPTO For Private Sector

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal is stepping down from her role at the agency and will be heading back to the private sector in mid-December, she said in a Tuesday letter.

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Only Congressional Patent Reform Can Restore Constitutional Rights

IP Watchdog

Encouraged and abetted by free riders who would benefit unfairly from others’ work, well-intentioned lawmakers and judicial activists have compromised the U.S. patent system, threatening America’s prosperity and national security. But we have the chance to reverse this trend by supporting two bills that will be debated this week in the Senate Judiciary Committee.

Patent 118
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Piracy Kingpin Behind ‘Noonoo TV’ and ‘TVWiki’ Arrested in Korea

TorrentFreak

Like most other countries, South Korea has a persistent piracy problem. Online streaming platforms in particular, have flourished in recent years. Up until a year ago, ‘Noonoo TV’ was one of the leading players. Despite welcoming millions of monthly visitors, the site shut itself down citing bandwidth costs and other ‘pressure’ Noonoo & TVWIKI The self-imposed shutdown was unexpected but it didn’t take long before other streaming platforms filled the gap.

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