Sat.Sep 28, 2024 - Fri.Oct 04, 2024

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The Death of the Superhero Trademark

Plagiarism Today

The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. Here's what it means. The post The Death of the Superhero Trademark appeared first on Plagiarism Today.

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India: When Does a Religious Marriage Ceremony Become a Pure Entertainment Wedding Party?

Hugh Stephens Blog

Image: Shutterstock (AI-generated) Ah Goa! Spectacular sunsets, beautiful beaches, fish curry and crumbling 16th century Catholic cathedrals deep in the jungle. I fondly recall a couple of visits in past years. While Goa has many attractions, it is the beaches that are the bread-and-butter of the tourist industry. A lot happens on those beaches, from … Continue reading "India: When Does a Religious Marriage Ceremony Become a Pure Entertainment Wedding Party?

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John Legend Understands Trademark Protection

Erik K Pelton

In this episode, Erik shares the story of how John Legend came to an interesting resolution to protect his brand – straight from the artist himself! The post John Legend Understands Trademark Protection appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik shares the story of how John Legend came to an interesting resolution to protect his brand – straight from the artist himself!

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I Build Generative AI Technology: Does California’s New Transparency Requirement Apply to Me?

JD Supra Law

On September 28, 2024, California Governor Gavin Newson signed into law AB-2013, requiring developers of generative artificial intelligence (AI) models, under certain conditions, to make specific disclosures regarding those models by January 1, 2026. At a high level, the disclosure requirements are directed towards greater transparency regarding what data goes into generative AI systems, especially for developers making AI systems expected to be generally available to the public.

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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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The Bitter Trademark Battle Over WordPress

Plagiarism Today

Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on. The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today.

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USPTO Says Order Terminating More than 3,000 Applications for Fraudulent Signatures is a Warning for Practitioners

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) on Wednesday, October 3, issued a final order terminating approximately 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.” The USPTO said in a news alert yesterday that the “scale of this fraudulent action is a stark reminder for registered practitioners of their obligations under the USPTO Rules of Practice to take reasonable precautions to protect their credentials and alert the USPTO of any suspected fraud.

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JOIN US! IPKat webinar announcement - Image rights in the age of AI: Less is more or more is better?

The IPKat

Like many other celebrities (think of: Scarlett Johansson or Drake), The IPKat also has a characteristic appearance – not to say: objective beauty and appeal – worth protecting against the frequent third-party misappropriation attempts. Yet, the very protection of one’s own likeness and other personal features (for example: voice, silhouette, etc) may vary very significantly from jurisdiction to jurisdiction, with virtually no international or – to the exclusion of data protection / privacy aspe

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3 Count: AI Rejection

Plagiarism Today

Artist sues to overturn USCO denial of AI registration, tattoo artist scores small win over Take-Two and SESAC songs are back on YouTube. The post 3 Count: AI Rejection appeared first on Plagiarism Today.

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Osgoode PhD Amanda Turnbull Investigates How Algorithms Do Things with Words

IPilogue

By John Nyman Dr. Amanda Turnbull, Osgoode PhD (2024). (Giselle B Photography) Throughout her doctoral studies, Amanda Turnbull has grappled with the legal consequences of “machines doing things with words.” Her timely dissertation, Law, Language, and Authority: The Algorithmic Turn , completed in August 2024, offers a measured yet unflinching reflection on how artificial intelligence is transforming society and the law.

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Patent Quality Report Finds Improper Patent Abandonment is Greater Issue Than Improper Grants

IP Watchdog

On October 30, the nonpartisan think tank, Sunwater Institute, published a policy report on patent quality in the United States including suggestions for U.S. policymakers to better address errors in examining and adjudicating patents for validity. The policy report finds that the rate of erroneous patent grants in the United States is less than half the rate of erroneous patent abandonment, undercutting narratives that the nation’s economy faces major issues related to poor quality patents bei

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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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Why the U.S. Needs to Strengthen Online Copyrights: An Indie Filmmaker’s Perspective

Copyright Alliance

The 2024-2025 National High School Policy Debate Topic is: Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. […] The post Why the U.S. Needs to Strengthen Online Copyrights: An Indie Filmmaker’s Perspective appeared first on Copyright Alliance.

Copyright 110
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3 Count: SESAC Dispute

Plagiarism Today

SESAC dispute with YouTube gets videos pulled, authors get to depose Mark Zuckerberg and Nelly bandmates sue. The post 3 Count: SESAC Dispute appeared first on Plagiarism Today.

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Google Wins Lawsuit Against Scammers Who ‘Weaponized’ DMCA Takedowns

TorrentFreak

The DMCA takedown process allows rightsholders to request the removal of infringing material from online platforms. It’s a powerful, widely-used tool that results in millions of URLs and links being taken down daily. While often justified, some DMCA takedown requests are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.

Contracts 112
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Phil Johnson Presented with Second Annual Pauline Newman Award; Newman and Quinn Question the Future of the CAFC

IP Watchdog

On the final day of IPWatchdog LIVE 2024, Phil Johnson became the second recipient of the annual Pauline Newman Award, which is presented each year to recognize the unique achievements of one patent attorney over their career. The presentation was followed by a discussion with Johnson, Judge Paul Michel, IPWatchdog Founder and CEO Gene Quinn and Judge Newman, who recapped for attendees her ongoing battle to fight her suspension from the U.S.

Patent 111
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Nonprofit Finds Bad Patent 'Epidemic' Is Just A Myth

IP Law 360

The U.S. Patent and Trademark Office is more likely to reject patent applications with valid claims than approve applications with invalid claims, according to a new report commissioned by former USPTO directors and Federal Circuit judges who were concerned about an alleged "epidemic" of bad patents.

Patent 111
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A Followup on Lenacapavir: Gilead enters into Voluntary Licensing Agreements in 120 LMICs

SpicyIP

Just a day after our update on the Lenacapavir patent oppositions ( here ), Gilead has signed “Royalty-Free Voluntary Licensing Agreements” (VLAs) ( pdf ) with generic manufacturers aimed at boosting HIV prevention in “high-incidence, resource-limited countries.” The focus is squarely on low- and middle-income countries (LMICs), as highlighted in Gilead’s official reports ( here ) and various media outlets ( here ).

Licensing 101
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MPA Reports ‘Notorious’ Piracy Threats to U.S. Government

TorrentFreak

The Motion Picture Association ( MPA ) has been a key player in the anti-piracy fight for decades and this position has only strengthened in recent years. As the driving force behind the Alliance for Creativity and Entertainment, the MPA finds itself at the center of an international enforcement apparatus. A few weeks ago, ACE helped to shut down Fmovies , the largest pirate streaming conglomerate.

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Other Barks & Bites for Friday, October 4: Meta Hit with Class Action Copyright Infringement Lawsuit; Industry Leaders Ask for Clarification on Third-Party Litigation; EUIPO Applauds German Court Ruling on Misleading Invoices

IP Watchdog

This week in Other Barks & Bites: Author files class action lawsuit against Meta for copyright infringement; Industry leaders urge Advisory Committee on Civil Rules to clarify third-party litigation; YouTube pulls popular music videos from platform amidst copyright dispute.

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There May Not Be Life On Mars, But There Could Be IP

IP Law 360

The rapidly expanding space tourism industry is raising a vast universe of potential intellectual property issues. Experts say most of the laws governing extraterrestrial IP are as unexplored as space itself.

IP 104
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Patent Application for Gilead’s Lenacapavir Opposed: Saving Generics of HIV Drugs?

SpicyIP

[A big thanks to Swaraj for his inputs on the post.] The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. Pre-grant oppositions (PGOs) are crucial in India’s patent system, allowing challenges to patents before they’re granted.

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AAPA Seeks to Expand EU Pirate Site Blocking to Browsers and VPNs

TorrentFreak

In recent years, the European Commission has proposed and adopted various legislative changes to help combat online piracy. They include the Copyright Directive which passed in 2019 and the Digital Services Act (DSA), which followed not long after. These measures have been spurred on by major copyright holders, who have long called for stricter enforcement of pirated content online.

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Federal Circuit Says Lanham Act Applies to Crocs’ False Claims that ‘Croslite’ Was Patented

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential opinion on Thursday, October 3, that Section 43(a)(1)(B) of the Lanham Act does apply to a party’s false claims that it holds a patent on a product feature coupled with related advertisements that cause consumers to be misled about the “nature, characteristics, or qualities of its product.

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Failure To Use Apportionment Has Distorted Patent Damages

IP Law 360

Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.

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Do I have PTSD following an accident?

Nelligan Law

Reading Time: 2 minutes What is PTSD? PTSD is a psychological response to trauma that disrupts a person’s ability to function normally. It can be triggered by witnessing or experiencing a traumatic event, such as an accident. While not everyone who experiences trauma develops PTSD, for some, the emotional aftermath lingers, often for years. Common Signs of PTSD PTSD can manifest in various ways, and its symptoms often fall into the following four main categories: Intrusive Memories:

Law 102
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Telegram’s Response to Piracy Has Improved Since CEO’s Arrest

TorrentFreak

When news broke in August that Telegram founder Pavel Durov had been arrested after his private plane touched down in France, speculation on the reasons behind that were in plentiful supply. After letting the rumor mill boil for a few days, French authorities said they had charged Durov with criminal offenses related to his role at Telegram and the platform’s “near-total absence” of cooperation with French authorities.

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IPWatchdog Celebrates 25 Years, Gene Quinn Awarded for Lifetime Achievement, and Former USPTO Leaders Discuss Ways to Improve the Agency

IP Watchdog

On the final day of IPWatchdog LIVE 2024, Gene and Renee Quinn celebrated the organization’s 25th anniversary with the IPWatchdog team and attendees of LIVE. In a surprise ceremony, Gene Quinn was also presented with a Lifetime Achievement Award by his alma mater, the University of New Hampshire (UNH), Franklin Pierce Law School, for his service to and work with the IP community.

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Mintz IP Partner Is Equal Parts BigLaw And Punk Rock

IP Law 360

A member of five different New York-area bands playing upward of 50 shows per year, Mintz partner Brad Scheller is used to trading in his suit and tie after hours for a punk rock T-shirt.

IP 97
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Atari’s Copyright Claim Against State Farm Survives Challenge

Copyright Lately

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive. On Friday, a Texas federal judge dismissed much of the case but kept Atari’s core copyright infringement claim in play.

Fair Use 101
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Ryujinx Switch Emulator Project Shuts Down Under Nintendo Pressure

TorrentFreak

When a Nintendo lawsuit targeted the people behind the Yuzu emulator in February, leading to its shutdown just a few weeks later, dark clouds appeared over the future of Switch emulation. With momentum on its side and tacit acceptance of its core claims via settlement agreement with Yuzu, Nintendo targeted key software tools underpinning emulation of its copyrighted games.

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USPTO Issues Final Rule on Director Review Process, Scraps After Final Consideration Pilot

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) has finalized its rule formalizing the interim Director Review process the Office has been following for Patent Trial and Appeal Board (PTAB) decisions under the America Invents Act (AIA) since the Supreme Court’s Arthrex v. Smith & Nephew decision. In July 2021, the USPTO announced that it would be implementing an interim rule at the agency in response to the late June 2021 decision in Arthrex v.

Invention 105
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Bill Is Key To Protecting US Economy From Patent Piracy

IP Law 360

It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

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Save-the-Date: 2025 IP Awareness Summit will be Held at Dolby HQ in San Francisco

IP Close Up

The Center for Intellectual Property Understanding (CIPU) has announced that it is holding the 2025 IP Awareness Summit (IPAS 2025) on April 24th at Dolby Continue reading

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Effects on Efficiency—Group Size, Line, Location, Product

Christopher Roser

In my last post, I started to look at factors that affect the efficiency of your line, in particular the percentage of value-added time by the operators. For this I have a good data set with fifty-three different observations. One major factor was the speed of the line. Faster lines are not only easier to. Read more The post Effects on Efficiency—Group Size, Line, Location, Product first appeared on AllAboutLean.com.

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Pirate IPTV Subscribers Warned They Face “Automated Fines”

TorrentFreak

As the financial stakes increase and rightsholders become increasingly desperate to suppress piracy, the nature of information delivered to the media demands scrutiny like never before. Almost all major announcements are geared to elicit a prescribed response, as part of an overall strategy to shape public opinion while delivering on various policy goals.

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Fleetwood Mac Producer Says 'Stereophonic' Rips Off His Book

IP Law 360

One of the producers of Fleetwood Mac's classic 1977 record album "Rumours," Kenneth Caillat, has accused the author of the play "Stereophonic" of swiping copyrighted material from his memoir "Making Rumours" to make the hit Broadway show.