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Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.
Manga and anime have become increasingly popular in recent years. These formats originate in Japan, but they are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above. With a growing audience of many millions of fans, hentai is also benefiting from the boom. As with any type of media, not all consumers are paying for access.
Image by Clker-Free-Vector-Images from Pixabay As reported in earlier posts on this blog , in a 2022 study , I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital Single Market Directive (CDSMD).
TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight.
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?
NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder appeared first on Plagiarism Today.
This cat is totally spooked by the idea of mew cloning! (photographed by Mina) In A rijit Singh v. Codible Ventures LLP and Ors. , the Bombay Court recently took a pro-publicity and -personality rights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. The court ordered the following actions: (1) to take down, remove, delete, block access to, or suspend all infringing content that had been uploaded ; (
Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor. The post Be Like Taylor: 3 Swift Trademark Tips appeared first on Erik M Pelton & Associates, PLLC. Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor.
Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor. The post Be Like Taylor: 3 Swift Trademark Tips appeared first on Erik M Pelton & Associates, PLLC. Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor.
The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. In June, we reviewed from where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights, and in July we explored what trademarks the USOPC owns.
Book publishers get a big win on appeal; an author sued over Gemini Man, and an adult anime website sued over ignored copyright notices. The post 3 Count: Gemini Man Lawsuit appeared first on Plagiarism Today.
In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, and it ultimately became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.
The following is an edited transcript of Chapter 10 of my book video Building a Bold Brand: Trademark Registration is More Valuable than Ever Protecting your trademark provides more benefits than at any time in history: Simply appearing in the USPTO’s online database can prevent someone who otherwise would have adopted a similar name for a similar product or service from going forward with that name.
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.
A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the non-compete and confidentiality provisions included within the franchise agreement. The court determined that these provisions were neither executory nor subject to rejection under the Bankruptcy Code.
Image: Shutterstock (modified) The 2021 Revisions Back in 2021 I wrote a mixed review of the revisions brought in to update Singapore’s Copyright Act. There were some significant positives for rights-holders, notably a new provision that made it illegal to sell ISDs (Illicit Streaming Devices, i.e.
The web is riddled with copyright infringing content, ranging from full-length blockbuster films, through small music samples, to reposted celebrity photos on social media. Not all of these offenses are equally problematic. Law enforcement authorities may go after the operators of large-scale pirate sites or services, but posting short film clips without permission typically doesn’t lead to trouble.
IA asks this Court to bless the large scale copying and distribution of copyrighted books without permission from or payment to the Publishers or authors. The Second Circuit Court of Appeals yesterday affirmed that Internet Archive’s digital book lending model controlled digital lending (CDL) is not permitted by copyright law, including under the fair use […] The post End of the Line for Controlled Digital Lending Theory appeared first on The Illusion of More.
Approval of Celltrion’s Ustekinumab Biosimilar in the EU: On August 26, 2024, Celltrion announced that the European Commission (EC) granted approval for STEQEYMA, formerly known as CT-P43, a biosimilar of STELARA (ustekinumab), for the treatment of several chronic inflammatory conditions.
What this is : UCC fixture filings are essential for lenders to secure their interests in goods that will be attached to real property (fixtures). When drafted and filed correctly, these filings perfect a lender’s security interest in the fixtures and establish priority among other secured creditors and subsequent buyers of the real estate. What this means : In this article, we will explore the definition of “fixtures” under Article 9 of the Uniform Commercial Code (UCC) , the significance of se
Three years ago, Bungie filed a complaint at a federal court in Seattle, accusing Destiny 2 cheat seller AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also leveled against Phoenix Digital Group, the operating company behind the website, and third-party developer James May. Bungie Wins Landmark Trial After years of legal back-and-forth, the case went to trial in May, where both sides presented their arguments.
The Federal Circuit’s precedential opinion in Intellectual Tech, LLC. v. Zebra Technologies Corporation is the most recent decision in a series of cases clarifying the requirements for when standing is proper for a patent infringement action. Intell. Tech., LLC. v. Zebra Techs. Corp., 101 F.4th 807 (Fed. Cir. 2024) (Zebra). Specifically, when addressing the standing question, Zebra provides guidance on which rights a patent owner may have granted to third parties without losing its most importan
After Internet Archive (IA) lost its copyright infringement suit with major publishers this week, the organization wasted no time alleging that great harm has been done to society. As if it had the posts ready to go, IA alleged that research itself was in peril and even went so far as to shamelessly post on […] The post Heroes and Villains in Copyright Fights appeared first on The Illusion of More.
For a torrent site, TorrentGalaxy is still a relative newcomer. The site is barely seven years of age while others have been around for over two decades. In that timespan, however, TorrentGalaxy secured a key place in the torrent ecosystem. Not only does it serve millions of users directly, its ‘release’ groups also distribute torrents across other popular sites, including The Pirate Bay and 1337x.
This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one of its copyright infringement lawsuits in order to focus on fair use; China strengthens IP ties with Belt and Road Initiative Partners; and a Texas
Last month, Director Kathi Vidal posted on her blog about global efforts to address climate change through sustainable innovation and about USPTO resources to support the military community.
Last week, the Third Circuit Court of Appeals issued an opinion regarding Section 230 of the Communications Decency Act. It may be the strongest affirmation to date that the statute does not provide a blanket liability shield for all social platforms regardless of their conduct. Specifically, §230(c)(1) only immunizes platforms for liability that may arise […] The post TikTok Inspired Child Suicide Prompts a Sound Reading of Section 230 appeared first on The Illusion of More.
With millions of visits per month, pirate sports streaming site Streameast is a fan favorite among many sports aficionados. The site is particularly popular in the United States, where even the largest sports icons, including LeBron James, have reportedly used it to stream content. The appeal of free sports content is understandable, as legal options can cost hundreds of dollars per month.
On August 30, SoftView LLC filed a petition for en banc rehearing with the U.S. Court of Appeals for the Federal Circuit (CAFC), arguing that the court’s recent decision incorrectly applied the doctrine of collateral estoppel/issue preclusion to a series of amended claims. In the original ruling, which was covered in a separate article, the CAFC 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
The food tech industry has been growing and evolving rapidly in the last ten years due to technological innovations in the space and a growing customer demand for plant-based food products and sustainable meat options. We have previously covered a high profile legal battle in the plant-based meat sector of this industry discussing (1) the first patent infringement lawsuit in the food tech industry and (2) its related petition for inter partes review (“IPR”) with the Patent and Trademark Appeal.
It seems that the Laguiole saga [covered by The IPKat here , here , here and here ] is far from over: the Appeal Court of Aix-en-Provence has recently cancelled the registration of “Couteau Laguiole” (Laguiole knife) as a French geographical indication (GI) because the consumers would be confused as to the knives’ geographical origin. Background In September 2022, the French Patent and Trade Mark Office (INPI) registered “Couteau Laguiole” as a GI for knives produced in the French municipalities
In June 2022, Canada’s Federal Court handed down a ‘dynamic’ blocking order to prevent live NHL games from being viewed via pirate IPTV streams. Obtained by companies including Rogers, Bell, The Sports Network, and Groupe TVA, the injunction was the first of its kind in Canada and had flexibility built-in by design. That was only the beginning and just like the UK and other countries in Europe, more applications resulted in more blocking injunctions being granted, each more ada
FACTS OF THE CASE: Between the years of the formulation of the Consumer Protection Act in 1986 [1] and the decision of the above case in 1995, there was a continuous increase in the number of cases related to medical negligence in the country. A good number of complaints were filed before the Consumer Courts and forums set up across the country in order to seek compensation under the Consumer Protection Act, 1986.
A federal district court in Ohio has rejected an attempt by a tattoo artist to reinstate his case against video game company Take-Two. The artist claimed that the company infringed his copyright in tattoos worn by basketball star LeBron James.
[ This post is co-authored with Tejas Misra. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. His previous posts can be accessed here. ] On 21st August 2024, the Delhi High Court in Louis Vuitton Malletier v. www.haute24.com & Ors. issued a significant order directing for a permanent injunction and INR 5,00,000 as damages to Louis Vuitton for the unauthorized use of the brand’s copyrighted photos and
Pirate IPTV providers have a tendency to come and go, and some struggle to provide consistently high-quality streams. Through reliability, stability and quality, subscribers were attracted to the SmoothStreams brand; the availability of masses of unlicensed content was obviously the main reason to stay. SmoothStreams had been under investigation since 2018 and in the summer of 2022, major entertainment industry companies were at Canada’s Federal Court aiming to bring it all crashing down.
Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.
The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent.
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