Sat.Feb 17, 2024 - Fri.Feb 23, 2024

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Why Cox’s $1 Billion Victory May Not Matter

Plagiarism Today

A $1 billion judgment against Cox was recently vacated. However, it's not a full victory for the ISP nor a full defeat for the music industry. The post Why Cox’s $1 Billion Victory May Not Matter appeared first on Plagiarism Today.

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Australia’s Proposed Streaming Cash Grab is Risky for Australian Consumers and Production Jobs: It’s Time to Dial it Back

Hugh Stephens Blog

Screen Australia Drama Report At a time when streaming services (also referred to as subscription video on demand, or SVOD) are growing internationally at a frenzied pace, various countries are pondering how to deal with this phenomenon, particularly when it comes to local production.

Reporting 257
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‘IFPS Gateway Operator is not Liable for Pirated Software Keys’

TorrentFreak

The InterPlanetary File System, more broadly known as IPFS , has been around for nearly a decade. While the name may sound alien to the general public, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. The system makes websites and files censorship-resistant and not vulnerable to regular hosting outages; as long as at least one user in the network continues to share.

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AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Intellectual Property Law Blog

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. Everyone involved in the filing and prosecution of a U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention.

Invention 130
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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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AI and the New Age of the TOS Rights Grab

Plagiarism Today

A pair of news stories have drawn new focus on terms of service overreach by companies and the new dangers AI brings to problem. The post AI and the New Age of the TOS Rights Grab appeared first on Plagiarism Today.

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Update on USPTO Trademark Delays

Erik K Pelton

Erik provides updates on one of our most frequently asked questions about the trademark process in this video. The post Update on USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik provides updates on one of our most frequently asked questions about the trademark process in this video.

Trademark 130

More Trending

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Ban on European Patents for Plants Engineered by "New Genomic Techniques" Nearing Reality

JD Supra Law

The European Parliament has adopted an amended European Commission proposal to regulate plants engineered using techniques such as CRISPR/Cas and ban any patenting of plants, plant parts, material, genetic information, or methods resulting from these techniques.

Patent 122
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The Strange Case of Father Jim Sichko

Plagiarism Today

Catholic Priest Father Jim Sichko has had his recent book pulled following allegations of plagiarism. Here's the warning signs he missed. The post The Strange Case of Father Jim Sichko appeared first on Plagiarism Today.

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All About the New USPTO Trademark Search System

Erik K Pelton

The following is an edited transcript of my video All About the New USPTO Trademark Search System. At the end of November, 2023, the USPTO launched a brand new search platform for their trademark database. This meant the retirement after more than 20 years of the prior search system, TESS, which had many limitations. The new system is called Trademark Search.

Trademark 130
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Google Search Takedown Requests Rush to 8 Billion at Record Pace

TorrentFreak

For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. This is generally good, but copyright holders are not happy with all content that can be discovered. Pirates sites, for example, should remain hidden when possible. In recent years Google has tweaked its algorithms to address this issue.

Reporting 131
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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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Ninth Circuit Provides Further Guidance on Trademark Lawsuits Involving “Expressive Works”

JD Supra Law

We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc. vs. AJ Press LLC (“Punchbowl II”), applies the Rogers test for the first time following Jack Daniel’s.

Trademark 120
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3 Count: Rockstar Teddy Bear

Plagiarism Today

Supreme Court hears statute of limitations case, Nickelback wins appeal over Rockstar and Build-A-Bear sued over new toy. The post 3 Count: Rockstar Teddy Bear appeared first on Plagiarism Today.

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4 Tips for a TTAB Hearing

Erik K Pelton

The following is an edited transcript of my video 4 Tips for a TTAB Hearing. Know the rules in the Trademark Trial and Appeal Board (TTAB). The rules for evidence, the rules for the case, and the rules for the hearing. They’re very similar to the Federal Rules of Civil Procedure, but they have their own nuances and and it’s important to know what they are.

Editing 130
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100s of Pirate Sites Go Dark as.TV Domains Placed on ServerHold

TorrentFreak

A few hours ago a TorrentFreak reader linked us to a list of almost 200 domains with several things in common. The vast majority have naming conventions that almost certainly point to some type of piracy activity. No shortage of the word ‘streams’ for example, along with other familiar pirate terms such as HD, cine, film, movie, plus the likes of buff, cric and crack.

Copyright 128
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The New York Times Case against OpenAI is Different. Here's Why.

JD Supra Law

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright infringement, contributory copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), unfair competition, and trademark dilution (complaint).

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3 Count: One Billion Overturned

Plagiarism Today

Cox gets $1 billion judgment overturned, Cam'ron to pay $50k to photographer and Reddit strikes deal with AI company. The post 3 Count: One Billion Overturned appeared first on Plagiarism Today.

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Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

Technology & Marketing Law Blog

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. Then, about a dozen years ago, the rightsowners coerced Internet access providers to adopt the “ Copyright Alert System ,” which treated rightsowners as trusted flaggers (whether or not they deserved that status) and required Internet access providers to deploy a “

Music 119
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Film Companies Seek ‘Torrenting History’ Related to Redditor

TorrentFreak

Early last year, a group of filmmakers obtained a subpoena which required Reddit to reveal the identities of users who commented on piracy-related topics. The movie companies said they were not planning to go after these people in court but wanted to use their comments as evidence in an ongoing piracy lawsuit against Internet provider RCN. Reddit wasn’t willing to go along with the request, at least not in full.

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Members of Congress Blast Biden on March-In Proposal and Pandemic Accord

IP Watchdog

A bipartisan group of 28 members of congress, including Senate IP Subcommittee Chair Chris Coons (D-DE), Ranking Member Thom Tillis (R-NC) and House IP Subcommittee Chair Darrell Issa (R-CA), sent a letter yesterday to President Biden urging the administration to reconsider its December proposal to allow agencies to consider pricing in deciding whether and when to “march in” on patent rights.

IP 118
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3 Count: FORE!

Plagiarism Today

Music publishers respond to Anthropic, BIRDIE Act aims to protect golf courses and George Santos sues Jimmy Kimmel over Cameos. The post 3 Count: FORE! appeared first on Plagiarism Today.

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What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs. Union, and More

JD Supra Law

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity Pebbles Colors Ruled Not Distinctive - Post Foods lost its appeal for a color mark for its Fruity Pebbles breakfast cereal in a ruling that illustrates why distinctiveness is a critical hurdle to clear when seeking a trademark registration on a color.

Trademark 116
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Record Labels: ‘Hisses & Crackles’ Are No License to Copy & Digitize Old Records

TorrentFreak

The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. These archiving efforts, which started decades ago, will become more valuable over time. The same could apply to IA’s other projects, including the digitization of old books and records. Six years ago, the Archive began archiving the sounds of 78-rpm gramophone records, a format obsolete today.

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Supreme Court Denies Five IP Petitions on Issues from IPR Joinder to Contributory Trademark Infringement

IP Watchdog

On February 20, the U.S. Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed. From the use of joinder to evade time-bar limits in patent validity proceedings to the service of process required for a grant of preliminary injunction, the Court’s cert denials

Trademark 115
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Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Technology & Marketing Law Blog

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. That choice led the plaintiff to this screen: If plaintiff had clicked on the “Terms” link at the bottom right, it would have led to CMG’s “Visitor Agreement” that included an arbitration clause.

Privacy 115
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AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

JD Supra Law

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention?

Invention 115
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Appeals Court Vacates $1 Billion Piracy Damages Award Against Cox, Orders New Trial

TorrentFreak

Late 2019, Internet provider Cox Communications lost its legal battle against a group of major record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. Heavily disappointed by the decision, Cox later asked the court to set the jury verdict aside and decide the issue directly, arguing that the “shockingly excessive” damages shou

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‘Non’-Pharmaceutical Substance and Efficacy under Sec 3(d)

SpicyIP

Can Section 3(d) be applied to a non pharmaceutical invention? if yes, what can be ‘efficacy’ for such a subject matter? The MHC in Novozymes v. Asst. Controller of Patents and Designs made some interesting observations on these issues. Discussing the court’s decision, we are pleased to bring to you this guest post by Amit Tailor. Amit is a Postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S.

Patent 111
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Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba

Technology & Marketing Law Blog

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. While that’s interesting, I’m focused on Squishmallow’s abuse of the SAD Scheme. I previously blogged about one such case, where Squishmallow sued 90 e-commerce merchants in a sealed complaint and got a TRO. Typical SAD Scheme stuff.

Blogging 111
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Misinformation Regarding Mechanicals and the MLC: What’s the Deal With Downloads?

JD Supra Law

The Mechanical Licensing Collective (“MLC”) was created to make paying songwriters and publishers easier. Just as performance rights organizations issue blanket licenses to music users (radio stations, television, venues, etc.) and then collect and distribute performance royalties to their members, the MLC issues blanket licenses to streaming and download services (collectively, digital service providers or “DSPs”) and then collects and distributes mechanical royalties to its members.

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Managing IP Americas Awards 2024: shortlists announced

Managing IP

The winners of the awards will be revealed at a gala dinner in New York City on April 25

IP 105
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Other Barks & Bites for Friday, February 23: Intel and Microsoft Announce Landmark Chip and IP Deal; Court Overturns $1 Billion Copyright Infringement Ruling Against Cox; and Reddit and Google Set to Announce AI Content Licensing Agreement

IP Watchdog

This week in Other Barks & Bites: Intel and Microsoft announce a custom chip deal worth up to $15 billion; the Justice Department announces its first Chief AI Officer; and an appeals court overturns a $1 billion ruling for copyright infringement against Cox Communications.

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SpicyIP Weekly Review (February 12- February 18)

SpicyIP

Here is our recap of last week’s top IP developments. Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. Anything we are missing out on? Drop a comment below and let us know.

Invention 105
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New Frontier: Ten Tips for Navigating Brand Protection in the Metaverse

JD Supra Law

Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness. Enter the metaverse: an online virtual world where users can interact with each other and digital objects including Non-Fungible Tokens (NFTs). NFTs are unique digital assets depicting works of art, photographs, text, and/or other digital content, minted using blockchain to identify an interest in a certain asset.

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Copyright Conundrums in the Tattoo World

Nelligan Law

Reading Time: 4 minutes In the world of human expression, few art forms have undergone as radical a makeover as tattooing. Starting out as cultural badges and rites of passage in ancient societies, tattoos have morphed into revered mediums of artistic expression, encapsulating personal tales, cultural legacies, and individual flair. From the intricate Polynesian motifs of the Pacific Isles to the dynamic imagery of classic Japanese irezumi, tattoos have transcended their modest origins to become

Copyright 105
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Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy

Patently-O

By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. Nealy. The central issue is whether copyright plaintiffs can recover damages for infringing acts that occurred more than three years before filing suit, under the “discovery accrual rule.” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” 17 U.S.C.

Music 105