Sat.Oct 28, 2023 - Fri.Nov 03, 2023

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9 Spooky Copyright Stories for Halloween

Plagiarism Today

It's Halloween, so let's take a look at 9 copyright stories that show how intellectual property has shaped the spookiest holiday. The post 9 Spooky Copyright Stories for Halloween appeared first on Plagiarism Today.

Copyright 325
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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

Interpretations of G 2/21 by the EPO Boards of Appeal have so far been reasonably patentee-friendly. Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect.

Invention 121
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A Timeline Of Stroock & Stroock's Descent

IP Law 360

Stroock & Stroock & Lavan LLP's management intends to dissolve the firm in the near future following a partner vote on the plan last week, Law360 Pulse confirmed on Tuesday. The plan means the end of the 147-year-old New York-based firm, but it follows more than a year of a trickle, and at times a torrent, of departures and unsuccessful merger talks.

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Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Hugh Stephens Blog

Photo: Author (Poppy paid for!) I was at a store a couple of days ago and as is common at this time of year, there was the tray of Remembrance Day poppies on offer, with the proceeds going to the Royal Canadian Legion. I slipped in my $5 donation (is that enough in these days … Continue reading "Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Designs 236
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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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3 Count: Choreography Appeal

Plagiarism Today

Choreography lawsuit revived on appeal, two major Georgian streaming sites go offline and Mariah Carey sued again over Christmas hit. The post 3 Count: Choreography Appeal appeared first on Plagiarism Today.

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Russia Blocks 167 VPNs, Steps Up OpenVPN & WireGuard Disruption

TorrentFreak

Late March 2023, Russia augmented its long-burning VPN crackdown with a series of PSAs claiming that using a VPN for security is actually much worse than not using a VPN at all. One of the ads warned that VPNs somehow obtain users’ passport details, plus their names, addresses, and dates of birth. Another suggested that since VPNs in Russia know everything about their users, spouses might learn about secret affairs, a high price for accessing a social network blocked in Russia, the PSA add

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Artist’s Copyright Claim against Stability AI Moves Forward Following a First-of-Its Kind Ruling

JD Supra Law

Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale copyright infringement—a potential threat to the commercial viability of these models. On October 30, in Andersen v. Stability AI Ltd. et al.

Copyright 123
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CCB Bars Claimant, Attorney from Filing Cases for One Year

Plagiarism Today

For the first time ever, the Copyright Claims Board has barred a claimant and a lawyer from filing claims for 1 year. Here's why. The post CCB Bars Claimant, Attorney from Filing Cases for One Year appeared first on Plagiarism Today.

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YTMP3 Wants Google to Identify Alleged DMCA Fraudsters

TorrentFreak

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. It’s a powerful tool that takes millions of URLs and links offline every day. In most cases, this happens for a good reason, but some takedown efforts are more questionable. Fraudsters occasionally use false DMCA notices to target competitors.

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CCC at the Charleston Conference 2023

Velocity of Content

CCC is pleased once again to participate at The Charleston Conference , the annual gathering of librarians, publishers, electronic resource managers, consultants, and many others to discuss issues of importance to them all. For those attending the Charleston Conference, CCC will host When the Deal is Done: Reporting the Transformation on Wednesday, 8 November at 2:40 pm EST, a fireside chat featuring Sybille Geisenheyner, Director of Open Science Strategy & Licensing, American Chemical Socie

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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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TTABlog Test: Is DRYLANDS BREWING COMPANY for Beer and Restaurant Services Confusable with DRYLANDS for Wine?

The TTABlog

The USPTO refused to register that mark DRYLANDS BREWING COMPANY & Design for "beer" and for "restaurant services, including sit-down service of food and take-out restaurant services; taproom services featuring beer brewed on premises” [BREWING COMPANY disclaimed], finding confusion likely with the registered mark DRYLANDS for wine. On appeal, applicants argued that DRYLANDS BREWING COMPANY is a unitary term engendering a "distinct commercial impression that is independent of the constituent

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3 Count: FileWarez Gone

Plagiarism Today

Brazilian site FileWarez is closed, an Indian court demands embarrassing videos removed and TikTok influencer targets fashion dupes. The post 3 Count: FileWarez Gone appeared first on Plagiarism Today.

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Brazil Regulator Claims “80% of Pirate TV Boxes” Were Blocked Last Week

TorrentFreak

Authorities and rightsholders in Brazil appear determined to disrupt, restrict, or completely deny access to the illegal TV market enjoyed by millions of local citizens. From taking on pirate IPTV services to the outlawing of non-certified set-top boxes, to blocking illegal streaming websites and the removal of pirate apps, no target is off limits. One of the agencies at the forefront of this anti-piracy activity is the National Telecommunications Agency, better known as Anatel.

Reporting 122
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AI “Training” Still an Open Copyright Question

The Illusion of More

On October 30, Judge Orrick of the Northern District of California largely granted the AI companies’ motions to dismiss the class-action complaints filed by Sarah Andersen, Karla Ortiz, and Kelly McKernan on behalf of all visual artists whose works have been used without permission for the purpose of “training” generative AI models. Several complaints were […] The post AI “Training” Still an Open Copyright Question appeared first on The Illusion of More.

Copyright 119
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EPO Enlarged Board of Appeal Introduces Strong Presumption of Priority Entitlement

IP Watchdog

The Enlarged Board of Appeal of the European Patent Office (EPO) on October 10 issued its (consolidated) decision G1/22 & G2/22, which promises to significantly reduce priority issues for applicants—U.S.applicants in particular. When the applicants for a European patent application differ from the applicants on the priority application, the EPO employs the well-established “joint applicants approach” to evaluate the priority claim's validity.

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Halloween Makeup and Copyright

Copyright Alliance

As the days grow shorter and the warmth of summer wanes, store aisles give way to a mesmerizing array of candy, costumes, and Halloween décor. Halloween, that bewitching night when […] The post Halloween Makeup and Copyright appeared first on Copyright Alliance.

Copyright 115
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K-Content Pirates Face New ‘Copyright Crime’ Investigation & Analysis Units

TorrentFreak

The ‘Korean Wave’ cultural phenomenon, boosted by movies and TV shows such as Parasite and Squid Game, and once in a generation musical mega-groups like BTS, has captivated audiences thousands of miles beyond South Korea’s borders. These cultural exports have overcome language barriers, generated huge sums of money, and further boosted South Korea’s image on the world stage.

Copyright 120
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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Invalidity in view of added matter is a common patent pitfall in Europe ( IPKat ). The EPO takes a hard-line against amendments that cherry pick non-generalisable features from separate embodiments.

Invention 115
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Choreography Copyright Gets Its Due in the Ninth Circuit

Copyright Lately

In a first-of-its-kind ruling, the Ninth Circuit Court of Appeals has revived choreographer Kyle Hanagami’s copyright lawsuit against Fortnite’s Epic Games. Choreography is like the Rodney Dangerfield of copyright law. It wasn’t until 1952 that modern dance pioneer Hanya Holm was able to secure the first ever copyright registration for her choreography of the Broadway musical Kiss Me Kate.

Copyright 114
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The Briefing: Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix

The IP Law Blog

A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Copyright 113
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State Attorneys General Warn Public About Piracy Scams and Malware

TorrentFreak

Over the years we have seen dozens of anti-piracy campaigns. Initially, many of these tried to appeal to people’s morals. You wouldn’t steal a car , right? This type of messaging doesn’t work for everyone , so more direct tactics have also been explored. These often focus on the risks associated with piracy, running into legal trouble, for example. However, due to the perception that exposure to these types of issues is relatively unlikely, the overall deterrent effect can be quite limited.

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Taco Tuesday for All

JD Supra Law

Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. This comes on the heels of Taco John’s giving up its “Taco Tuesday” trademark in all other states this summer.

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Vidal Wants Input on Proper Sanctions for Withholding Evidence from PTAB

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued an Order last week in a sua sponte Director Review proceeding asking the parties to Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC and any interested amici to weigh in on the appropriate sanctions remedy when a party withholds evidence in an America Invents Act (AIA) proceeding.

Invention 111
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Ask the Expert: What to know about road safety and personal injury

Nelligan Law

Reading Time: < 1 minute With more workers returning to the office and the school year in full swing, Ottawa roads are busier than ever. Unfortunately, that also means an increase in accidents involving drivers, cyclists, and pedestrians. If you are involved in an accident, what are the first steps you should take? How is liability determined if a collision involves multiple parties?

Law 105
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Dutch Fiscal Police Win “Anti-Piracy Award” for Shutting Down IPTV Datacenter

TorrentFreak

Across the globe, law enforcement and copyright holder groups are teaming up to tackle online piracy of all shapes and sizes. Cooperation is seen as essential to tackling the endemic piracy problem and the key players regularly meet up to discuss progress and emerging problems. Last week, Europol hosted its annual IP Crime Conference in Lisbon where stakeholders came together to exchange information and ideas.

Reporting 120
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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Introduction to Trademark Dilution The concept of Dilution was first introduced in 1927, a theory was propounded namely The Rational Basis of Trademark in the article of Mr. Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 105
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Apple Loses at ITC with Apple Watch Import Ban

IP Watchdog

On Thursday, October 26, the U.S. International Trade Commission (ITC) issued a limited exclusion order (LEO) and cease and desist order against Apple, potentially barring the technology company from importing Apple Watches into the United States. The ITC found Apple violated section 337 by importing Apple Watches that infringed on two Masimo patents that covered technology related to reading blood-oxygen levels.

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Pharma and medical device regulation – GTDT – Lexology

Olartemoure Blog

A Clear Guide for the Regulation of the Pharma and Medical Device Industry in Colombia The Pharma and Medical Device industry is one of the biggest in the world. Its regulation changes country to country, which can sometimes make comparisons difficult. Due to this, Lexology decided to publish a series of reference guides that allow for comparison among more than 20 jurisdictions all around the world.

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Filmmakers Drop Piracy Lawsuit Against Texas Internet Provider

TorrentFreak

Two years ago, several movie production companies, including the makers of Hellboy, Rambo V, The Hitman’s Bodyguard, and Dallas Buyer’s Club, sued Internet provider Grande Communications. The filmmakers accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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JURISPRUDENCE OF CROSS FIRs

IP and Legal Filings

INTRODUCTION A criminal case is an extremely serious affair where one has to jump through tons of hurdles and intricacies of the Indian legal system. A lot of times petty offences whose punishment would not be more than 1 year would stretch years and years in the courts. Much more serious offences are separately dealt in the courts and the first step in registering a new criminal case with the authorities is through a First Information Report (Hereinafter referred to as FIR).

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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Technology & Marketing Law Blog

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. A series of other negative reviews followed. An associate of the plaintiff alerted Nextdoor about the reviews and requested their removal. Eventually, Nextdoor did remove some reviews, although the posts remained online for roughly three weeks.

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Trademarking Colours

Biswajit Sarkar Copyright Blog

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. Alongside Hermes’s ‘Orange H’, Valentino’s ‘PP Pink’, Tiffany and Co’s ‘Tiffany Blue’ etc. Burberry and Gucci have entered this season with their new signature colours ‘Knight Blue’ and ‘Rosso Ancora’.

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Police Dismantle Pirate IPTV Operation, Bogus “€366m Losses” Claim Goes Viral

TorrentFreak

An announcement by Spain’s National Police (Policía Nacional) this morning was in many respects nothing out of the ordinary. In common with almost every country with a movie and TV show market to protect, Spain regularly conducts operations to shut down or disrupt local pirate IPTV services. The operation detailed in a press release this morning, distributed via official police website Policia.es and the Ministry of the Interior’s website at Interior.gob.es, seems significant.

Editing 117
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“Pink Perfection: The Trademarking Of Barbie’s Signature Hue”

IP and Legal Filings

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence.

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New book: “The New York Yankees in Popular Culture”

Likelihood of Confusion

As my youthful enthusiasm for professional sports waned, my interest in brands increased. And as a New Yorker, I was always fascinated by the development of the Yankees brand, especially because I once had a partner who had been general counsel to the team; we discussed some of the issues. The post New book: “The New York Yankees in Popular Culture” appeared first on LIKELIHOOD OF CONFUSION™.