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.

Trademark 257
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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?

Music 147
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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!

Trademark 130
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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 129
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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.

Trademark 231
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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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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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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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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.

Reporting 118
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Additional Remuneration Rights for Online Streaming on Reference to the CJEU

Kluwer Copyright Blog

Image by yousafbhutta from Pixabay On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to the Court of Justice of the EU (CJEU). The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the validity of a number of provisions of the Law of 19 June 2022 , which transposed the 2019 Copyright in the Digital Single Market Di

Licensing 122
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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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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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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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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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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.

Reporting 116
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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

Reporting 113
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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 112
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Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two

Technology & Marketing Law Blog

Prior blog post. Alexander inked 6 tattoos on wrestler Randy Orton. Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. A jury ruled for Alexander and awarded $3,750 in damages. The defendants sought to overturn the jury verdict. The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” Really?

Copyright 113
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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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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 105
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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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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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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 105
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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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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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Comments Invited for Amendments to the Geographical Indications of Goods (Registration and Protection) Act, 1999, by October 10

SpicyIP

Image by macrovector on Freepik [ This post is authored by SpicyIP Intern Samridhi Chugh. 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. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.

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Pixel Case Against Google “Jumps the Shark”–Doe I v. Google (Catch Up Post)

Technology & Marketing Law Blog

It feels like we are getting a pixel ruling every day. I’ve ignored most of them. I’ve decided this one from 2 months ago is worth blogging, even at this date, given Judge Chhabria’s treatment of these claims. The court summarizes the context: In many pixel cases, the plaintiffs sue the owner of the web property they interacted with, alleging that the owner installed source code that caused their personal information to be transmitted to a third party.

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RIAA and MPA Urge Court Not to Disarm the DMCA Subpoena Anti-Piracy Tool

TorrentFreak

Tackling online piracy is a complicated endeavor that often starts by identifying the operators of infringing sites and services. This is also where the first hurdles show up. Many pirates keep their identities concealed. This applies to the operators of sites and services as well as their users. This relative anonymity is a nuisance to anti-piracy groups, including the RIAA and MPA.

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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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SpicyIP Weekly Review (September 23-September 29)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the Delhi High Court’s Oppo decision, Calcutta High Court IPD Rules, Central Government’s executive order on clinical trial waiver. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.

Trademark 104
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From Catastrophe to Conundrum: Analysing the Proposition of Eco-Sensitive Zones in India Introduction

IP and Legal Filings

Introduction Recently, the Wayanad tragedy in India has shaken the nation to its core. Two landslides struck Wayanad on July 30 after days of heavy rain in Kerala, resulting in 221 deaths and 206 missing, according to official reports. In its aftermath, the Central Government, on July 31, issued a draft notification to delineate around 57,000 square kilometres of Western Ghats as an ‘ Ecologically-Sensitive Zone’ (“ ESZ ”).

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Pirate IPTV Reseller Who Made Millions of Euros Sent to Prison For Eight Years

TorrentFreak

Like many of its European counterparts, Greece has a pirate site blocking program that receives regular updates through an administrative process. The first domains blocked by Greek ISPs (xrysoi.online, xrysoi.se and xrysoi.eu) were restricted in 2018 and the most recent (antenasports.ru, sporthd.me) were blocked this August, to a total of 655 domains in roughly six years.

IP 105
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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.

IP 104