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by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.
A battle over the practice of skiplagging has created a bizarre copyright verdict that could impact the use of logos online. The post Skiplagged, American Airlines and a Bizarre Copyright Verdict appeared first on Plagiarism Today.
Image: Shutterstock (AI modified) Singapore already has one of the most permissive text and data mining (TDM) exceptions in copyright law found anywhere, allowing AI developers to ingest copyrighted content for AI training purposes subject only to a very few limitations, all of which are pretty minimal.
The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Doing nothing about a known infringement situation for a long period of time can lead to “laches,” a legal theory that could prevent you from later enforcing any rights you may have once had.
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?
Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel
Tenth Circuit revives baby doll case, German Supreme Court rules against photographer and Discord fights DMCA subpoena. The post 3 Count: Baby Blues appeared first on Plagiarism Today.
Popular Internet infrastructure service Cloudflare has come under pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. These pirate sites have proven to be quite a headache for Cloudflare. For example, rightsholders continue to complain that the company helps pirates conceal their hosting locations and identities, as was made clear again in recent submiss
Popular Internet infrastructure service Cloudflare has come under pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. These pirate sites have proven to be quite a headache for Cloudflare. For example, rightsholders continue to complain that the company helps pirates conceal their hosting locations and identities, as was made clear again in recent submiss
Want to learn more about trademark scams and how AI can assist you in your trademark practice? Erik shares details of 2 upcoming webinars in this episode. The post Two Upcoming Webinars with Erik appeared first on Erik M Pelton & Associates, PLLC.
By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.
Appeals court gives record companies a major win, delayed Indian film draw copyright lawsuit and fitness celebs settle part of their dispute. The post 3 Count: ISP Liability appeared first on Plagiarism Today.
Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit. Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and don’t require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party service providers.
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.
The following is an edited transcript of my video 25 Ways to Avoid Trademark Scams. Know that everything you file related to a trademark at the USPTO is in the public records. Use an attorney for many reasons when you’re filing a trademark application, but one of the valuable reasons is they can give you guidance about scams and they can act as a buffer by being the primary contact.
Logo of Himachal Pradesh High Court. Image from here [ This post is authored by Md. Sabeeh Ahmad. His previous posts can be accessed here. ] The Himachal Pradesh High Court seems to be the latest addition to the list of Courts with a separate IPR Division, as it has notified its Intellectual Property Rights Division Rules, 2022. Turns out that the Rules have been out for a while now and were notified on July 8, 2024.
This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.
This initiative underscores the vital importance of collaboration between multiple agencies and countries. Since its inception, Operation 404 has become a success story in the global fight against online piracy. Previous phases have led to the blocking of thousands of illegal websites and apps, the execution of numerous search warrants, and the seizure of equipment used for cybercrimes.
This week we’d like to introduce cartoonist and author Maryette Clement. Maryette’s book, The Teenyboppers #1, is available on Amazon. Be sure to also follow her on Instagram. What was the inspiration behind becoming a […] The post Creator Spotlight with Cartoonist Maryette Clement appeared first on Copyright Alliance.
Piracy Shield’s first birthday is still several months away so the appearance of a study into its effectiveness came as a surprise but not an unwelcome one. Commentary by Italian telecoms regulator AGCOM, mirrored by top-tier football league Serie A and streaming service DAZN, hasn’t been at all useful for those seeking answers to the two most important questions: 1) How effective is Piracy Shield at denying access to pirate live sports streams?
Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?
A Florida jury has handed 2 Live Crew a big win, allowing them to reclaim copyrights in classic rap tracks in a long-running legal battle with Lil’ Joe Records. BREAKING : A Miami federal jury on Wednesday cleared the way for famed hip-hop group 2 Live Crew to recapture ownership of their early 1990s music catalog, concluding a major copyright termination battle with Lil’ Joe Records.
If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German Supreme Court recently decided this question in three parallel cases ( I ZR 139/23 , I ZR 140/23 and I ZR 141/23 ).
A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.
Police and anti-piracy groups in the UK appear to be following through with a pledge to keep cracking down on those involved in the pirate IPTV ecosystem. Most arrests recently have targeted IPTV subscription resellers, i.e those who buy subscriptions and sell them on to friends, family, and increasingly anyone on social media, at a profit. A report from the Police Intellectual Property Crime Unit (PIPCU) at City of London Police suggests that a different type of player was targeted in an operat
Breaking down the Delhi High Court’s recent order concerning goods of intimate nature (labelled as “Hush Products” by the Court), SpicyIP intern Bhuwan Sarine assesses the Court’s unique finding on likelihood of confusion in case of these products. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru.
In a guest article, Venable's Rebecca Liebowitz, Andrew D. Price, and Samantha J. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients.
There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts. With the ongoing efforts of the China National Intellectual Property Administration (CNIPA), the regulation of patent infringement administrative procedures has become more comprehensive.
The legal battle in Germany between Sony Entertainment Interactive and cheat cartridge seller Datel has been ongoing for well over a decade. Sony had hoped to end sales of Datel’s Action Replay PSP and Tilt FX. These products enabled users of Sony’s PSP console to modify gameplay by tweaking code, thereby obtaining extra ‘lives’ and similar ‘cheat’ features.
Recently a professor from the University of California, Los Angeles filed an antitrust complaint against six academic publishers before the US District Court for the Eastern District of New York. SpicyIP intern Samridhi Chugh writes on this development, discussing the many problems posed by the business of academic publishing. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women.
A Delaware bankruptcy judge Friday approved residential solar technology company SunPower Corp.'s plans to distribute the proceeds of its asset sales to the creditors in its Chapter 11 case after hearing all objections had been resolved or put off.
To control any kind of system, you need to know its status. For a simple system like heating, the indoor temperature may be the key input. For something as complex as manufacturing, however, there could be a myriad of different measurements that can help you to control the system. In this context, KPIs (key performance.
Prosecutions of those involved in the sale of pirate IPTV subscriptions appear to be on the rise, not just in the UK, but also in the EU and beyond. Resources made available for these cases are in limited supply but by carefully selecting those with the best chance of success, there appears to be a high rate of conviction, despite attitudes to infringement differing in various regions.
Continuing the discussion on the Blackberry cases ( here and here ) after Yogesh’s post , Bharathwaj Ramakrishnan writes on the Court’s new test for inventions incorporating algorithms and explores whether there is a distinction between computer programmes and algorithms. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP.
Numerous companies and industry groups have said they welcome the U.S. Patent and Trademark Office's new guidance on when inventions involving artificial intelligence are eligible for patents, but many urged the agency to provide additional clarity and practical examples.
The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual property community, there have been ongoing discussions, incremental resolutions, and evolving opinions. In this article, we will outline and summarize the current intellectual property legal landscape in the United States related to GenAI.
Six years ago when attention was focused elsewhere, the MPA warned that lacking legislation and rising broadband penetration would eventually transform Vietnam into a major online headache for rightsholders. Yet perhaps not even the MPA expected sites like FMovies and Aniwatch to attract hundreds of millions of visitors every month. Coupled with a complex and politically sensitive environment in Vietnam, where established anti-piracy principles seemed to carry little to no weight, at times Holly
by Dennis Crouch In AlexSam v. Aetna , the Federal Circuit recently revived the patentee's infringement lawsuit against health insurance giant Aetna over its Visa and Mastercard-branded health savings account (HSA) debit cards. AlexSam, Inc. v. Aetna, Inc., No. 22-2036 (Fed. Cir. Oct. 8, 2024). The district court has dismissed the case on 12(b)(6) for failure to state a claim of infringement.
A D.C. federal judge tossed a Cuban state-owned company's counterclaim accusing Bacardi of infringing its "Havana Club" trademark, saying U.S. law barred the court from enforcing the mark.
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