Sat.Nov 11, 2023 - Fri.Nov 17, 2023

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Some Trademarks Receive More Protection Than Others – Here’s Why

Erik K Pelton

The following is an edited transcript of our video Why Some Trademarks Receive More Protection Than Others Not all trademarks are created equally. Some are entitled to more protection than others. A trademark can be anything that indicates the source of a business’s products or services, such as: words logos slogans colors13 sounds product shapes product packaging building shapes We’re going to be focusing on words and why some get more protection than others.

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3 Count: Guns N’ Lawsuits

Plagiarism Today

Guns n' Roses photographer claims copyright infringement, UK photographer wins against radio site and lawsuit against Grande dropped. The post 3 Count: Guns N’ Lawsuits appeared first on Plagiarism Today.

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With AI, Big Tech is No Longer Pretending to Care

The Illusion of More

As reported by Insider last week, the Andreessen Horowitz VC firm a16z, complains that potential copyright liability for AI developers could harm the interest of their investors. “Imposing the cost of actual or potential copyright liability on the creators of AI models will either kill or significantly hamper their development,” they state, as quoted by […] The post With AI, Big Tech is No Longer Pretending to Care appeared first on The Illusion of More.

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Will Supreme Court Consider Whether to Allow an Alternative to In-App Purchasing on the App Store?

Intellectual Property Law Blog

App developers who pay 30% commission fee to Apple via In-App Purchasing should take note of an important legal decision recently presented to the Supreme Court for possible review. The Supreme Court’s decision whether to take the case, and its ultimate decision if it does take the case, will directly affect the commission that developers must pay Apple to sell their products using the App Store.

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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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Spring Semester Law Student Intern Applications Now Open

Erik K Pelton

Erik M. Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters. We are seeking a law student for a paid IP/Trademark internship ($25/hr) from January to May 2024.

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The Long, Slow Death of Google News

Plagiarism Today

Google News is dying. The once-great service is now falling victim to a quality rot caused by bots and Google's own lack of concern. The post The Long, Slow Death of Google News appeared first on Plagiarism Today.

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Intellectual Property Developments from the U.S. Executive Order on Artificial Intelligence

JD Supra Law

The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial intelligence (“AI”). This alert focuses on key aspects of the EO with respect to intellectual property (“IP”) and may help inform an organization’s AI-related IP risk mitigation efforts as well as development of relevant internal protocols and guardrails.

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Top Tips for Avoiding Trademark Scams

Erik K Pelton

Erik shares 3 quick tips for recognizing and avoiding trademark scammers. The post Top Tips for Avoiding Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Erik shares 3 quick tips for recognizing and avoiding trademark scammers.

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How to Avoid Facebook/Instagram Copyright Scams

Plagiarism Today

Facebook and Instagram have become rife with copyright infringement notice scams. Here's how they work and how to avoid them. The post How to Avoid Facebook/Instagram Copyright Scams appeared first on Plagiarism Today.

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TorrentFreak Turns 18 Today (Hospital Edition)

TorrentFreak

On November 12, 2005, I started a ‘blog’ to share news snippets and information about emerging file-sharing technology. At the time it would’ve been unthinkable that it would still draw visitors in 2023. But here we are. Running a site like this on your own is impossible, so luckily Andy joined TF in 2006. Without his tireless input, the site wouldn’t be where it is today.

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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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Patent Poetry: Court Awards $1.6 Million in Damages in “Bored Ape” Case

JD Supra Law

A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. Plaintiff Yuga Labs, Inc. is the creator of one of the world’s most well-known and successful NFT collections, known as the Bored Ape Yacht Club (BAYC).

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USPTO Publishes Final Rule Establishing Separate Design Patent Bar

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. The Office first published a Notice of Proposed Rulemaking (NPRM) to the Federal Register in May 2023 contemplating a separate design patent practitioner bar. A request for comments (RFC) was also published in October 22.

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3 Count: Rec Room Blues

Plagiarism Today

Judge plans to trim AI lawsuit against Meta, Dutch pirates to receive more than just warnings and Rec Room sues cheating player. The post 3 Count: Rec Room Blues appeared first on Plagiarism Today.

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YouTube Copyright ID Scammers Must Pay Artists $3.3m Restitution

TorrentFreak

In 2021, the US Department of Justice launched a criminal proceeding against two men suspected of running a massive YouTube Content ID scam. YouTube’s flagship anti-piracy system is supposed to protect rightsholders but, in this case, it was used to exploit them. Multi-Million Dollar Scam The scammers’ company, MediaMuv LLC., wasn’t a direct member of the Content ID program.

Copyright 127
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Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink Competitor’s Trade Secret Violations

JD Supra Law

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”).

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Fraudulent Trademark Ownership Claims Lead to Near $4 Million Punitive Damages Verdict

IP Watchdog

On November 8, a Central California jury entered a verdict awarding $3.9 million in punitive damages against Internet financial platform ConsumerDirect. The verdict comes weeks after U.S. District Judge James Selna granted a motion for sanctions after finding that ConsumerDirect fraudulently represented its ownership of unregistered trademarks while obtaining a preliminary injunction in U.S. district court against Array.

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Plagiarism in Recruiting

Plagiarism Today

Recruiters have become increasingly worried about applicants committing plagiarism. Here's what they're doing, and what they should be doing. The post Plagiarism in Recruiting appeared first on Plagiarism Today.

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The Rhythmic Resilience of Native American Hip-Hop

Copyright Alliance

As November unfolds, we find ourselves at the intersection of two significant cultural celebrations: Native American Heritage Month 2023 and Hip-Hop History Month. While many are familiar with the traditional […] The post The Rhythmic Resilience of Native American Hip-Hop appeared first on Copyright Alliance.

Copyright 115
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FTC calls out consumer protection and competition intersections in Copyright Office AI proceeding

JD Supra Law

The U.S. Federal Trade Commission (FTC) staked out its role in policing the potential competition and consumer protection implications of generative AI technologies’ use of copyrighted materials in comments submitted in the U.S. Copyright Office’s proceeding on AI and copyright. The proceeding seeks information on the use of copyrighted works to train AI models, levels of transparency and disclosure needed regarding copyrighted works, and the legal status of AI-generated outputs, among other.

Copyright 123
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Design Patent Bar Now Reality

Patently-O

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. This is an historic change that opens the door to becoming a patent practitioner to a much wider audience and will likely lend itself to further growth in this specialty area.

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The Divide in Journalism Over AI

Plagiarism Today

AI is causing a divide in journalism as news organizations work to find boundaries for the use of AI in reporting and licensing their work. The post The Divide in Journalism Over AI appeared first on Plagiarism Today.

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Lessons Learned from the Toyota KPI Dashboard for Your Own Dashboard

Christopher Roser

In my series of posts on the Toyota KPI dashboard I went into detail about the different sections and KPIs. These dashboards work well fro Toyota. However, this does not mean that they automatically work well for you too. Chances are, you are not making cars. Even if you are, your relevant KPI information may. Read more The post Lessons Learned from the Toyota KPI Dashboard for Your Own Dashboard first appeared on AllAboutLean.com.

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An Analogy for the Current Wave of AI Copyright Lawsuits

JD Supra Law

We are at the beginning of what promises to be a wave (potentially a tsunami) of complaints filed against the companies behind generative AI models (e.g., OpenAI). Recent lawsuits from Paul Tremblay and Mona Awad (Tremblay and Awad v. OpenAI Inc. et al. -- Northern District of California, No. 3:23-cv-03223), Sarah Silverman (Silverman v. OpenAI, Inc. -- Northern District of California, No. 3:23-cv-03416-AMO), and the Authors Guild (Authors Guild et al v.

Copyright 124
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Dozens of VPNs & Shadowsocks Named in Leaked Russian Blocking Document

TorrentFreak

As Russia tightens its grip on encrypted communications and tools with the ability to bypass government censorship, it was recently confirmed that 167 VPN services are actively blocked after failing to comply with state requirements. With that total expected to grow in the months ahead, a leaked document originating from Russia’s Ministry of Transport reveals details of what telecoms watchdog Roscomnadzor has planned for the near-term.

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3 Count: Walking Out

Plagiarism Today

Stability AI VP quits over copyright concerns, Microsoft extends protections to more AI customers, and the South Park lawsuit is trimmed. The post 3 Count: Walking Out appeared first on Plagiarism Today.

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The Coming COLA Adjustment for Mechanical Royalties on Physical and Downloads

The Trichordist

By Chris Castle We’re about to experience an historical event—the U.S. government’s statutory mechanical rate for physical and permanent downloads will increase twice in 12 months.

Music 105
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OpenAI Joins Other Generative AI Companies in Offering Indemnity for Users Against (Some) Third-Party Infringement Claims

JD Supra Law

For users of generative AI programs, a growing concern has been with potential liability resulting from infringement claims by copyright owners whose materials were used to train the AI. At its annual DevDay conference in early November, OpenAI became the latest major company to address this by offering to indemnify certain users of its ChatGPT chatbot.

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Won’t Download a Car? Let’s Try: “Piracy Turns Teenagers Into Gambling Addicts”

TorrentFreak

No matter where people live or how much knowledge and experience they’ve accumulated, governments and corporations rarely shy away from an opportunity to offer behavioral advice. Delivered via TV, radio and the internet, public service announcements enlighten the masses on topics seemingly so complex, they’re only fully understood by the few.

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3 Count: Google’s Dueling Lawsuits

Plagiarism Today

Google files two lawsuits targeting alleged scammers, Disney pulls out of Vietnamese TV, and Lynn Goldsmith launches GoFundMe. The post 3 Count: Google’s Dueling Lawsuits appeared first on Plagiarism Today.

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Report Shows Downward Patent Filing Trend for World’s Most Innovative Companies

IP Watchdog

On November 16, innovation intelligence firm Patsnap published the results of its 2023 Global Innovation Report, which measures a range of patent metrics to determine the most innovative companies in the world. This year’s Global Innovation 100 listing represents about a quarter of the globe’s entire patent filing activity. The report also includes a Global Disruption 50 listing of actively growing and young companies, reflecting the strength of both the United States and China in emerging techn

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TikTok Makes It Out of West Texas to Sunny Northern California

JD Supra Law

The US Court of Appeals for the Fifth Circuit granted a writ of mandamus ordering the transfer of a case, finding that the district court’s denial of the motion to transfer “was so patently erroneous” that the extreme measure was appropriate. In re TikTok, Inc., Case No. 23-50575 (5th Cir. Oct. 31, 2023) (Smith, Southwick, Wilson, JJ.).

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MPA & IPR Center Tackle ‘Holiday’ Piracy With New PSA Campaign

TorrentFreak

In recent years copyright holders have tried many things to dissuade the public from visiting pirate websites. Simply stating that piracy is illegal doesn’t appear to work very well, so this type of messaging often tries to appeal to other emotions. For example, anti-piracy campaigns frequently stress that piracy hurts normal workers as it costs the entertainment industry thousands of jobs.

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Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23]

SpicyIP

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. The course is supported by Texas A&M University School of Law and will be delivered in-person at the Centre for Technology and Law, Dhirubhai Ambani Institute of Information and Communication Technology (DA-IICT), Gandhinagar on November 22 and 23.

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PersonalWeb, Ex-IP Attys 'Should Be Ashamed,' Judge Says

IP Law 360

A California federal judge slammed PersonalWeb and its former counsel during a hearing Thursday on Amazon's request for more than $5 million in fees for beating patent infringement claims, saying PersonalWeb is a "poster child for bad faith tactics" and the company and "any attorneys associated with it should be ashamed.

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BTIG Trade Secret Suit Against StoneX Group Alleges More Than $1 Billion in Unjust Enrichment

IP Watchdog

On November 13, global investment banking firm BTIG filed a lawsuit in California state court against rival company StoneX Group, alleging trade secret and breach of contract claims related to a StoneX’s recruitment of several key BTIG employees in order to gain access to valuable proprietary software code developed at BTIG. BTIG’s suit seeks disgorged profits of $200 million as well as remuneration for StoneX’s unjust enrichment, which BTIG estimates could reach over $1 billion.