Plagiarism Today
FEBRUARY 14, 2024
Plagiarism has been in the headlines more than ever before, but why does it feel like people are finding plagiarism everywhere they look? The post Why is There So Much Plagiarism Right Now? appeared first on Plagiarism Today.
Erik K Pelton
FEBRUARY 13, 2024
Celebrating our 25th year with 25 trademark application tips. Protect your brand with trademark registration and schedule a free initial consultation with one of our experienced attorneys: [link] The post 25 Trademark Application Tips appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with 25 trademark application tips.
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Michael Geist
FEBRUARY 10, 2024
Bell’s announcement this week that it is laying off thousands of workers – including nearly 500 Bell Media employees – has sparked political outrage with Prime Minister Justin Trudeau characterizing it as a “garbage decision.” The job losses are obviously brutal for those directly affected and it would be silly to claim that a single policy response was responsible.
Barry Sookman
FEBRUARY 16, 2024
The recent decision in Moffatt v. Air Canada , 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable for negligent misrepresentations made by a chatbot on a publicly available commercial website.
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?
Plagiarism Today
FEBRUARY 15, 2024
The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 13, 2024
In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The TTABlog
FEBRUARY 12, 2024
The USPTO refused to register the proposed mark MENSTRUATION CRUSTACEON for "Microwavable heating pads not for medical purposes," finding the mark to be primarily merely descriptive under Section 2(e)(1). Applicant argued, among other things, that "the rhyming, incongruous qualities of MENSTRUATION CRUSTACEAN" and its "humorous, rhyming cadence". "captures the consumer’s attention and identifies Applicant as the source of the goods.
Plagiarism Today
FEBRUARY 14, 2024
OpenAI gets courtroom victory, Travis Scott sued over unlicensed samples and Apple removes sneaky piracy app from app store. The post 3 Count: Hidden Piracy appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 16, 2024
Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site.
The IPKat
FEBRUARY 11, 2024
From a long-awaited WIPO Diplomatic Conference , to the debates about the Traditional Knowledge Bill in India, and the release of new guidelines on the use of traditional knowledge in Australia, this year may prove the busiest yet for the relationship between intellectual property and traditional knowledge. This Big Kat is thinking about the big issues for IP in the coming year.
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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.
Copyright Alliance
FEBRUARY 15, 2024
Today, we turn the spotlight over to one of our community partners, The Ella Project. They are dedicated to providing “pro bono legal assistance, arts business services, and advocacy to […] The post Community Partner Spotlight: The Ella Project appeared first on Copyright Alliance.
Plagiarism Today
FEBRUARY 15, 2024
Roddy Rich beats lawsuit over The Box, Choreographer settles Fortnite case and MLC sues Pandora over allegedly unpaid royalties. The post 3 Count: Out of The Box appeared first on Plagiarism Today.
Michael Geist
FEBRUARY 14, 2024
Crown copyright, which grants the government exclusive copyright in any any work that is, or has been, prepared or published by or under the direction or control, has long been the focus on copyright and open government advocates who have called for its elimination. Under the current system of crown copyright that dates back for decades, government departments can use copyright to limit the publication or distribution of public works.
JD Supra Law
FEBRUARY 12, 2024
A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did not dispute that she used Sedlik’s photo as a reference for a tattoo she performed on a friend. The jury decided that Kat Von D’s inked rendering of the jazz artist was not substantially similar to Sedlik’s portrait, and Sedlik’s portrait in social media posts was covered.
The IPKat
FEBRUARY 16, 2024
This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University. This review is kindly provided by Thorsten Lauterbach, Teaching Excellence Fellow at the Robert Gordon University in Aberdeen, passionate about IP Law sinc
IP Law 360
FEBRUARY 12, 2024
The U.S. Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution.
TorrentFreak
FEBRUARY 16, 2024
In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in several dozen countries prevent subscribers from accessing a variety of ‘pirate’ sites. New blocks are added every month and rightsholders are actively lobbying to expand the measure to the United States. While site blocking is by no means a panacea, copyright holders are convinced that it has a notable effect and have research to back this up.
JD Supra Law
FEBRUARY 12, 2024
Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California (where YouTube is located), and suing people from the United States and abroad. Their complaints typically allege copyright infringement by using their videos without a license.
The IP Law Blog
FEBRUARY 15, 2024
On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention. The USPTO explained that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity.
Greenspoon Marder LLP
FEBRUARY 15, 2024
By: Monifa Hall, Esq. In the ever-evolving landscape of entertainment and entrepreneurship, one man has stood out as an icon of success: Dwayne “The Rock” Johnson. Beyond his towering presence in the wrestling ring and his blockbuster performances on the silver screen, Johnson has demonstrated savvy business acumen. His recent acquisition of full ownership rights to “The Rock” trademark serves […] The post Can You Smell What The Rock is Trademarking?
Olartemoure Blog
FEBRUARY 14, 2024
Valentine’s Day is the day to celebrate love! We express love in different ways, through gifts, dates, kisses, food, etc. Today we want to talk about how intellectual property is always present, from heart-shaped diamonds to innovative dating systems. Get to know a bit more about these patents that have added a touch of creativity and technology to the season of love.
JD Supra Law
FEBRUARY 14, 2024
An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly legitimate trademark practitioners.
Nelligan Law
FEBRUARY 14, 2024
Reading Time: 3 minutes In a recent incident aboard an Alaska Airlines Boeing 737 Max, passengers experienced a terrifying moment when a section of the aircraft’s fuselage, known as a “plug door,” suddenly detached, causing explosive decompression mid-flight. The door plug, essentially a blank section meant for optional door placement, failed, leaving a significant hole in the plane and chaos among passengers as the flight ascended from its origin in Portland, Oregon.
IP Watchdog
FEBRUARY 13, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today said in a precedential decision that the U.S. Patent and Trademark Office (USPTO) did not need to engage in notice-and-comment rulemaking to require trademark applicants and registrants to provide a physical street address with their trademark applications. The court took the case as an opportunity to directly address “when a rule is procedural and excepted from notice-and-comment rulemaking as a ‘rule[] of agency organization, proce
Olartemoure Blog
FEBRUARY 10, 2024
Arguably the most important sports event in the U.S.A., the Super Bowl moves billions of dollars, mainly through advertising. The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”. Since then, it has made a conscious effort to enforce this trademark.
JD Supra Law
FEBRUARY 13, 2024
On January 10, 2024, the National Collegiate Athletic Association’s (NCAA) Division I Council unanimously adopted a proposal for stricter student-athlete protections related to name, image, and likeness (NIL) rules.
IP and Legal Filings
FEBRUARY 15, 2024
Introduction In an epoch where digitalisation has permeated in almost every aspect, India’s entertainment industry has also seen a major shift in the way people consume entertainment. The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution.
Patently-O
FEBRUARY 12, 2024
Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri and a registered patent agent. He has an extensive background in chemistry and food science. Before law school, he was a greenskeeper at a local golf course. TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement
TorrentFreak
FEBRUARY 12, 2024
While anti-piracy enforcement actions are likely to be at the highest level ever seen, there’s no shortage of sites and services surging to millions of monthly visits before appearing to attract negative attention. Piracy services slipping through the net may not have actually done so completely unnoticed, however. Finite anti-piracy resources or strategy may play a role in services staying online, and not every platform warrants immediate attention.
JD Supra Law
FEBRUARY 13, 2024
In H. Lundbeck A-S v. Lupin Ltd., Case No. 2022-1194 (Fed. Circ. December 7, 2023), Plaintiffs, H. Lundbeck A/S (“Lundbeck”) and Takeda Pharmaceutical Company Ltd., Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals International AG, and Takeda Pharmaceuticals America, Inc. (collectively “Takeda”) appealed a District of Delaware ruling that several generic pharmaceutical company defendants’ Abbreviated New Drug Applications would not infringe its U.S.
IP and Legal Filings
FEBRUARY 14, 2024
Observations Constitution Bench In Kashiram Aggarwalla (Supra) Has Authoritatively Interpreted As Well As Outlined The Scope And Ambit Of Section 127 Of The Act: The court notes that at the time the impugned orders were passed, the Faceless Assessment Scheme was governed by these notifications, not Section 144B of the Income Tax Act. The court considers the scope and interpretation of Section 127 of the Act, which deals with the power of transfer.
IP Law 360
FEBRUARY 15, 2024
Payouts in copyright disputes could be capped to three years from the date of alleged infringement or go back much further after the U.S. Supreme Court considers the long-lingering question of whether the statute of limitations on copyright restricts damages.
Velocity of Content
FEBRUARY 12, 2024
When Russian armed forces opened a full-scale invasion of Ukraine on February 24th, 2022, the ordinary lives of millions from Kyiv to Kharkiv were upended. Two years later, Ukrainians have earned the world’s admiration, not only for their courage on the battlefield, but also for their determination to maintain a functioning civil society. The Russian invasion targeted Ukrainian culture as much as the country’s infrastructure.
Christopher Roser
FEBRUARY 13, 2024
This post continues my series on how I try to understand an unfamiliar shop floor. In the last post I talked about how to see visual management, 5S, and waste. These are usually easy to see. This post continues with unevenness, overburden, and safety, which are usually harder to observe. Unevenness Unevenness, or in Japanese. Read more The post Different Aspects of Seeing a Shop Floor—Unevenness, Overburden, and Safety first appeared on AllAboutLean.com.
IP and Legal Filings
FEBRUARY 12, 2024
Issue: Whether the assessments of the petitioners could be transferred to the Central Circle by way of the impugned orders passed under Section 127 of the Income Tax Act, 1961 (hereinafter be referred to as ‘the Act’) without sanction of the Central Board of Direct Taxes (‘CBDT’). Brief Facts The set of writ petitions involves five charitable trusts and three individuals, including Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra, as well as the political party Aam Aadmi Party (AAP).
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