Sat.Sep 07, 2024 - Fri.Sep 13, 2024

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Why the Internet Archive Lost

Plagiarism Today

The Internet Archive's defeat is a blow to the organization So why did it lose? Who is to blame? The answer is very simple. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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25 Reasons to Use a Trademark Attorney

Erik K Pelton

There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode. The post 25 Reasons to Use a Trademark Attorney appeared first on Erik M Pelton & Associates, PLLC. There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode.

Trademark 130
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Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates’ Profits

IP Watchdog

Several amici weighed in late last week on a trademark petition to the U.S. Supreme Court that asks whether “an award of a ‘defendant’s profits’ under the Lanham Act…can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.” The Supreme Court granted the petition in Dewberry Group, Inc. v.

Trademark 117
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Hollywood and Netflix Report Piracy Threats to the EU, Call for ‘Intermediary’ Action

TorrentFreak

Over the past two decades, online piracy has proven to be a massive challenge for the entertainment industries. Governments around the world have recognized this challenge and, where possible, lend a helping hand to identify and address these threats. The European Commission, for example, compiles a bi-annual ‘Counterfeit and Piracy Watch List’ following the example set by the United States.

Reporting 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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The Copyright Battle Over Unicorn Party Dresses

Plagiarism Today

The Copyright Claims Board is hearing a case over a unicorn pattern being sold as party dresses. However, the issues raised are very common. The post The Copyright Battle Over Unicorn Party Dresses appeared first on Plagiarism Today.

Copyright 220
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Read this if you received a USPTO Office Action for your trademark application

Erik K Pelton

The following is an edited transcript of Chapter 11 of my book video Building a Bold Brand: Responding to Office Action Refusals Once a trademark application has been filed, it generally takes the USPTO approximately four months to complete its initial review. The review that takes place at that time is the first substantive step in the application process.

Trademark 130

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September 11: Honoring First Responders Across the Nation

U.S. Department of Commerce

By Joe Wassel, Executive Director and CEO, First Responder Network Authority (FirstNet Authority) Twenty-three years ago, America experienced a day unlike any other in our history. News of the attacks on the World Trade Center, Pentagon, and in Shanksville, Pennsylvania, reverberated across our nation. Everyone was on high alert. No one knew where, when, or if another attack would happen.

Law 109
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The Patent Eligibility Restoration Act (PERA) of 2024: From Oz to Earth

Patently-O

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. Prometheus Laboratories, Inc. , 566 U.S. 66 (2012), and Alice Corp. v. CLS Bank International , 573 U.S. 208 (2014). Together those cases created a firestorm of invalid patents and challenges for the patent office and patent holders alike.

Patent 110
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Federal Circuit Lays Out When Expert Witnesses in Patent Litigation Must Have Required Expertise

JD Supra Law

In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit highlighted the importance of understanding expert witnesses' qualifications.

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GoPro Bid to Invalidate POV Camera Claims as Abstract Shut Down by CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion reversing a district court’s invalidation of patent claims challenged by GoPro, Inc. as patent ineligible. The CAFC said the district court erred in concluding at Alice step one that the claims were directed to an abstract idea and distinguished the case from its precedent in Yu v.

Patent 113
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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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[Event Report] #2 Digital Knowledge – The Library and Copyright in a Global Digital Economy

The IPKat

This TechieKat is delighted to continue reporting on the Digital Knowledge – The Library and Copyright in a Global Digital Economy conference, organized by the National Library of Sweden in collaboration with the national IPO Swedish Intellectual Property Office (PRV) and the Stockholm Centre for Commercial Law at the Law Faculty at Stockholm University.

Reporting 105
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No FAKES Act Matched in House Bill to Address Gen AI Replication

The Illusion of More

On Monday, beloved actor James Earl Jones passed away at age 93, but in 2022, he signed an agreement with LucasFilms to allow the voice of Darth Vader to live on through Gen AI replication. Jones’s permission to replicate his voice is a bittersweet prelude to today’s news from Capitol Hill, where the House of […] The post No FAKES Act Matched in House Bill to Address Gen AI Replication appeared first on The Illusion of More.

Law 102
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‘Make Pay-Per-View Access to Boxing Events Free to Fight Piracy’

TorrentFreak

In recent years, rightsholders of major sports events have repeatedly complained that piracy of live sports is rising through the roof. They’ve called on lawmakers to tighten legislation and urged law enforcement to take the problem much more seriously. Last month, U.S. authorities took action by seizing several domain names of sports streaming site Streameast, which has millions of monthly users.

Music 112
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An In-House Counsel View on Patent Strategy and Building Relationships | IPWatchdog Unleashed

IP Watchdog

On IPWatchdog Unleashed this week, we had a wide ranging conversation on patent strategy, including working with patent examiners—for example, what to do when you are assigned to a difficult patent examiner with a low allowance rate—the importance of interviews, tips for getting past 112 rejections, and how outside counsel can build solid, working relationships with in-house counsel, and much more.

Patent 104
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Hardware Seller Is Withholding $10M In Fees, Tech Co. Says

IP Law 360

A technology company has claimed it introduced a Canadian hardware seller to confidential contacts looking to buy graphics processors, and the seller secured sales from them, but is now withholding around $10.5 million in referral fees.

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Working at a Life Science Startup? You Need a Copyright Policy (+ 6 Steps to Create One!)

Velocity of Content

When you’re working in a fast-paced, but small life sciences company, there’s a chance your organization hasn’t thought about a copyright policy (yet). This can be a grave oversight. Without a copyright policy that outlines use cases on how artificial intelligence (AI) tools can be used with copyrighted content, how to use copyrighted material in social media posts, how to curate articles in a copyright-compliant manner, or how to share information with internal colleagues, healthcare providers,

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Threatening Anti-Piracy Messaging Fails to Stimulate Intent to Subscribe

TorrentFreak

After years of anti-piracy campaigns, there’s a tendency to wonder whether the secret sauce of success is right around the corner or just as elusive as it’s ever been. Yet, even briefly considering the perspective of those creating these campaigns can be a fairly sobering experience. There’s a blank sheet of paper and this campaign has to work, what can it possibly say that hasn’t been said before?

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Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” Trademarks are very important business assets because they distinguish products and embody reputation.

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Trio Of BigLaw Mergers Expected To Drive More Deal Talks

IP Law 360

After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms towards entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

Law 98
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No rose without a thorn: L’Oréal could not prove fame of its LANCÔME rose device

The IPKat

Many famous brands do not only use word marks but also figurative marks. The question often is: How famous is the figurative mark on its own? This can be challenging to prove as the following case concerning LANCÔME’s rose device shows. Background On 21 April 2022, Guangzhou Ya Ti Ao Jia Cosmetics Co., Ltd filed for registration of EU trade mark no. 018689867 covering various cosmetic products in Nice class 3.

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‘Parasitic’ IPTV Piracy is Killing Football, “It’s Them or Us” Says Serie A CEO

TorrentFreak

Supported by almost constant life-or-death messaging, one has to wonder whether Serie A’s seemingly endless financial problems really are insurmountable. Yet for reasons that aren’t easily understood, let alone explained, every week matches go ahead as planned. With decaying stadiums at some clubs and billions of euros in persistent overall debt, companies in other industries would’ve stopped spending beyond their means long ago, or at least succumbed to financial pressure whil

Reporting 106
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[Sponsored] PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage

SpicyIP

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. For more details, read on below. PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage The new solution brings a generational leap in Design Search PatSeer announces the launch of its new Industrial Design Search solution, featuring cutting-edge AI-driven image search.

Designs 97
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Sanofi Sets €320M Licensing Deal With US, French Biotechs

IP Law 360

Pharmaceutical giant Sanofi SA said Thursday that it will pay up to €320 million ($353 million) to U.S. biotechnology group RadioMedix Inc. and French medicine developer Orano Med for an exclusive license for a radiation treatment for rare cancers.

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Chamber of Progress: Old Rationales for a Brave New World

The Illusion of More

The Chamber of Progress launched an initiative called the “Generate and Create” campaign to “defend fair use” and “promote AI creativity.” I don’t know whether they bought this campaign used from the basement of Fight for The Future or Electronic Frontier Foundation, but the following statement is worn-out rhetoric that sounds even weaker defending AI […] The post Chamber of Progress: Old Rationales for a Brave New World appeared first on The Illusion of More.

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Namecheap Flagged for EU ‘Piracy Watchlist’ After Failing to Block Infringing Sites

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. The group celebrated its 25th anniversary on Monday, with now-retired director Tim Kuik receiving a royal decoration as Officer in the Order of Orange-Nassau for his achievements. While Kuik undeniably proved to be a major player in the anti-piracy field in recent decades, BREIN’s work continues without him.

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As Publishers Beat Internet Archive, Are Libraries The Real Losers?

Copyright Lately

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? The U.S. Court of Appeals for the Second Circuit has spoken, and it’s not the news advocates of “controlled digital lending” were hoping for. In last week’s ruling in Hachette Book Group, Inc. v.

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Netgear Gets $135M In TP-Link IP Deal

IP Law 360

Netgear Inc. has received $135 million from TP-Link Systems Inc. as part of a settlement of the companies' patent and contract litigation over Wi-Fi routers in the U.S. International Trade Commission and California federal courts.

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Common Mistakes to Prevent When Filing for a Trademark

IP and Legal Filings

Introduction A trademark is a symbol that differentiates one’s brand from another. A trademark is a symbol that can consist of a device, label, name, signature, combination of colors and much more. The main objective of getting a mark registered is to distinguish it from other similar goods & services. A company/any person who can secure ownership over products and services, benefits not only the domestic income but also increases the recognition in the international market.

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ACE Helps Egypt to Dismantle the Region’s Largest Piracy Site

TorrentFreak

In recent years, rightsholders have repeatedly teamed up with Egyptian law enforcement to tackle several large pirate sites and services. The Alliance for Creativity and Entertainment ( ACE ) booked several successes, shutting down domains related to popular piracy rings , streaming portals such as Egybest, MyCima , Movizland , and, more recently, Cimaclub and Cima4U.

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Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes

Technology & Marketing Law Blog

Utah’s Minor Protection in Social Media Act contains two major provisions. First, it requires social media companies to conduct age assurance of their users to a 95% accuracy rate, along with an appellate process for misclassified users. Second, once minors are segregated: social media companies must “set default privacy settings to prioritize maximum privacy” (giving specific examples of regulated settings), and parental consent is required to make any adjustments to those settings.

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Google Hit With 'Gemini' TM Suit Over AI Program Name

IP Law 360

Google LLC is facing a trademark infringement suit in California federal court by a small business that claims the tech giant made "the calculated decision to bulldoze over" its intellectual property rights by rebranding Google's large language model artificial intelligence program to Gemini.

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Journey Through “Mays” on SpicyIP (2005 – Present) 

SpicyIP

Image from here As I conclude my summer vacation at home, it’s the perfect moment to bring the series I started over a year ago to its conclusion … Welcome to the climactic finale of our “ Sifting Through SpicyIP Pages ” series! Yes, it’s the 12th and final post, culminating this year-long time-travel-ish journey. I began the series with a sense of Sankofa —aiming to fetch what was left behind (if any) and see how we can take things forward.

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Sky Calls Out IPTV Piracy Facilitators, Including Cloudflare & Facebook

TorrentFreak

In an article published yesterday , we featured the Motion Picture Association’s submission to the European Commission (EC) for its next Counterfeit and Piracy Watch List. While still calling out familiar targets, such as torrent sites, streaming portals, and piracy apps, the MPA clearly wants to draw attention to the role of third-party intermediaries in the piracy ecosystem.

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Artificial intelligence (AI) advocacy in the Federal Court

JD Supra Law

In April 2023, a curious law professor and lawyer submitted his “Introductory Civil Procedure” exam to ChatGPT, an AI chatbot, to see how it would score. The results were surprising: ChatGPT outperformed over 70% of his second-year law students and even provided the professor with new insights into civil procedure. Similar examples demonstrating the impressive abilities of ChatGPT and other AI tools are becoming commonplace.

Law 82
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Dua Lipa Can't Slip Copyright Claim In 'Levitating' IP Suit

IP Law 360

Pop singer Dua Lipa wasn't able to persuade a California federal judge to toss a copyright infringement claim in a suit over her hit song "Levitating" by a producer who alleges some of his samples were used without permission, but did get an accounting claim thrown out.