Sat.Nov 30, 2024 - Fri.Dec 06, 2024

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Why trademarks matter for food trucks

Erik K Pelton

Food trucks have a heightened need to proper trademark protection: The industry is booming and growing rapidly, with lots of new brand names being developed every month. There have been many instances where food truck operators have used names too similar to those of existing restaurants or other food trucks/carts. Food trucks are generally very local businesses.

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3 Count: A Humble Ending

Plagiarism Today

The Internet Archive case ends with a whimper, NetEase may sue competitor over trailer and Apple stealth piracy apps lead to three arrests. The post 3 Count: A Humble Ending appeared first on Plagiarism Today.

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Japan Plans AI Pilot Program to Fight Manga & Anime Piracy

TorrentFreak

With the arms race between pirate sites and rightsholders showing no obvious signs of cooling down, the online piracy landscape is becoming increasingly complex. The existing toolbox of legal measures, such as action against domain names, site-blocking, search engine penalties, even whole-site deindexing, has led to the emergence of a new breed of shape-shifting, measure-evading, pirate sites.

Privacy 102
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Another AI Scraping Copyright Case in Canada: News Media Companies Sue OpenAI

Hugh Stephens Blog

Image: Shutterstock (AI assist) First, I heard it on the radio. The word “copyright” caught my attention because that’s a word seldom heard on the morning news. Then the news stories started to appear, first on Canadian Press, which was “largely” accurate, then on the CBC, Globe and Mail, even the New York Times.

Copyright 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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Changes to USPTO Trademark Fees: What You Need to Know

Erik K Pelton

The USPTO has finalized its rulemaking on trademark fees, and big changes are coming. On January 18, 2025, the new fee structure will take effect, bringing not only updated costs but also significant procedural changes and a completely revamped application process. Here’s what you need to know to prepare. Note: I will be teaching a CLE on December 11, 2024 (with recording available) featuring much more details regarding these changes, including practice tips, and information about the new

Trademark 130
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Why Figure Skating, Gymnastics Face Unique Copyright Issues

Plagiarism Today

Figure skating, gymnastics, artistic swimming, cheerleading and other choreography sports are facing a new challenge: Copyright The post Why Figure Skating, Gymnastics Face Unique Copyright Issues appeared first on Plagiarism Today.

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More Trending

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The Madness of Amazon’s Song Royalty Refund Demand

The Trichordist

Phonorecords III is the gift that keeps on giving. Amazon is breaking long-standing industry practice and demanding that publishers cut Amazon.a check for supposed "overpayments" in the Phonorecords III royalty "true down".

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25 Office Action Response Tips

Erik K Pelton

Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode. The post 25 Office Action Response Tips appeared first on Erik M Pelton & Associates, PLLC. Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode.

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The Internet Archive Lawsuit Ends with a Whimper

Plagiarism Today

The much-watched lawsuit against the Internet Archive has ended not with a bang, but a whimper. Here's why the IA isn't fighting on. The post The Internet Archive Lawsuit Ends with a Whimper appeared first on Plagiarism Today.

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USPTO Officially Withdraws Terminal Disclaimer Proposal

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today officially withdrew its controversial proposed rule on terminal disclaimer practice. The withdrawal was expected, with panelists at IPWatchdog’s Life Sciences Masters Program in October predicting based on USPTO Director Kathi Vidal’s comments at the American Intellectual Property Law Association (AIPLA) Annual Meeting that the rule was unlikely to be finalized before her departure from the Office.

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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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MP3.to Successfully Challenges Music Industry’s ‘False’ DMCA Circumvention Takedown

TorrentFreak

In recent years, music industry groups have become increasingly concerned by tools that allow users to download MP3s from online streaming services, including YouTube. These so-called ‘stream-rippers’ violate the DMCA’s anti-circumvention provision; they argue. This position resulted in thousands of circumvention takedown requests, which prompted Google to remove millions of stream-ripper URLs from its search engine.

Music 95
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BREAKING: Insulet Corp. Wins $452M In Trade Secret Theft Trial

IP Law 360

A federal jury has awarded Massachusetts-based Insulet Corp. $452 million after concluding that a South Korean company stole its trade secrets for a wearable insulin patch pump, making it one of the largest trade secrets verdicts of the decade.

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What Happens When AI Files Bad DMCA Takedowns

Plagiarism Today

Humans are using AI to automate virtually everything. But what happens when the copyright bots make bad decisions? The post What Happens When AI Files Bad DMCA Takedowns appeared first on Plagiarism Today.

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Canadian Media Companies Target OpenAI in Copyright Lawsuit But Weak Claims Suggest Settlement the Real Goal

Michael Geist

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. The lawsuit is the first high profile Canadian claim lodged against the enormously popular AI service, though there have been similar suits filed elsewhere, notably including a New York Times lawsuit launched last year.

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Apple Stealth Piracy App Trio, Combined Age 215 Years, Face $18.5m Damages Claim

TorrentFreak

Apple’s position on obviously infringing movie and TV show streaming apps is that they’re not allowed on the App Store, period. Hoping to reach a massive but restricted audience, so-called ‘stealth piracy’ apps employ trickery to circumvent Apple’s vetting process. Over the past couple of years, stealth apps have made the headlines on a number of occasions and even attracted the attention of an Expert Group at the EU Intellectual Property Office Observatory.

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Fed. Circ. Judge Condemns 'Nonsense' Law In Antibody Fight

IP Law 360

U.S. Circuit Judge Todd Hughes called the Federal Circuit's case law on interpreting preambles in patent claims "nonsense" on Wednesday, expressing frustration as a panel tried to work through whether Xencor Inc.'s antibody patent application was too broad.

Law 97
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3 Count: Jetting Off

Plagiarism Today

Sony Music sued by music publisher, Japan government approves AI anti-piracy initiative and a copyright fight over the NY Jets logo. The post 3 Count: Jetting Off appeared first on Plagiarism Today.

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What to Expect After the USPTO Sunsets their After Final Consideration Pilot 2.0 on December 14

IP Watchdog

The United States Patent and Trademark Office’s (USPTO’s) After Final Consideration Pilot 2.0 (AFCP 2.0) has been a staple of after-final practice for patent prosecutors since its inception in 2013, offering applicants the opportunity to enter a broader range of amendments following a final rejection than permitted under traditional after-final practice.

Patent 101
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AnimeFenix Shuts Down & GogoAnime/Anitaku Freezes in Time

TorrentFreak

Pirates who are into Asian drama and anime were hit hard over the past week. On Wednesday, Dramacool announced that it would shut down its Asianc, Watchasia, Dramanice and Runasian websites, facing pressure from copyright holders. These sites catered to millions of users, as is exemplified by the shutdown message on X, which has been viewed more than five million times already.

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The IP space

Likelihood of Confusion

Originally posted 2020-08-27 12:30:53. Republished by Blog Post Promoter Student note idea, free to a good home: Why did Congress pass this? Is there any reason Congress has the power to do this? What about changes to the law of personal jurisdiction since this was passed? I have so many questions. [link] — Sarah Burstein […] The post The IP space appeared first on LIKELIHOOD OF CONFUSION™.

IP 97
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When Should Plagiarism Disappear?

Plagiarism Today

Following a plagiarism scandal in a popular magazine, an anticipated manga has been removed from distribution. Is that what's best? The post When Should Plagiarism Disappear? appeared first on Plagiarism Today.

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Miss America CEO Files $500M Suit Alleging Bankruptcy Fraud

IP Law 360

The producer of the Miss America pageant and its related entities have filed a $500 million racketeering suit in Florida accusing developer Glenn Straub of fraudulently pushing the organization into bankruptcy in an effort to take over its assets.

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UK Police and FACT Continue IPTV Piracy Whack-a-Mole

TorrentFreak

Those who follow mainstream tabloid media in the UK should be familiar with the risks of online streaming piracy by now. There’s no country in the world where more ‘pirate box’ or IPTV resellers have been prosecuted. Meanwhile, the number of suspects who have received official warnings runs in the hundreds. Local police, in collaboration with anti-piracy group FACT , carry out many of these enforcement actions.

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At the crossroads of IP and Russia sanctions: what IP Rights holders need to know

JD Supra Law

IP 88
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3 Count: Settling Rumors

Plagiarism Today

Stereophonic settles lawsuit with memoir authors, Australian real estate databases fight over copyright and JadooTV case finally ends. The post 3 Count: Settling Rumors appeared first on Plagiarism Today.

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LIZZIE BORDEN Mark ‘Whacked’ by Appellate Court: But Was it Deserved?

IP Watchdog

On November 16, 2024, the United States Court of Appeals for the First Circuit affirmed a district court’s denial of a preliminary injunction, in which one Fall River, Massachusetts, business inspired by the legend of Lizzie Borden unsuccessfully asserted trademark rights against another Lizzie Borden-inspired business located right next door. The ultimate appellate decision seems largely justified, given the deferential scope of review applied by the First Circuit.

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A Surprising Upswing of Design Patent Activity Among Some Auto and Tire Makers

IP Close Up

In recent years design patents have come to have a more vital role in the intellectual property landscape.

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California's New Generative AI Law – What Your Organization Needs to Know

JD Supra Law

California is making waves with its new AI law, Assembly Bill 2013 (AB 2013), set to take effect in 2026. This groundbreaking legislation (again) puts the state at the forefront of tech regulation by tackling one of AI's biggest challenges: the "black box" problem. AB 2013 demands transparency, requiring AI companies to disclose detailed information about the data they use to train their generative models, shedding light on a previously hidden layer of machine learning.

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The Madrid Protocol: Streamlining International Trademark Registration

IP and Legal Filings

INTRODUCTION Earlier, businesses seek operations that go beyond borders in an increasingly globalized economy. New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise.

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Even a Good Reason for Non-Use May Not Save Your Abandoned Trademark

IP Watchdog

Trademark rights flow from use. Continued use of a trademark keeps the trademark alive and makes the trademark right stronger. As per the Lanham Act, suspension of use for a consecutive three years may create a rebuttable presumption of abandonment. In the below case, we will analyze the nuances of trademark abandonment from nonuse.

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Judge Newman Brings Fight To End Her Suspension To DC Circ.

IP Law 360

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Maximizing Intellectual Property Protection: Balancing Patents and Trade Secrets for Startups

JD Supra Law

Founders and their startups are typically at the forefront of ever-evolving fields, from space exploration and satellites to life-saving medical devices and medicines. Safeguarding intellectual property is critical for startup companies striving to gain a competitive edge, particularly when entering markets with established competitors or when creating a new market that may attract well-funded competition.

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Internet Archive as Cautionary Tale

The Illusion of More

Now that the December 3rd deadline has passed for Internet Archive to file for cert with the Supreme Court, the copyright case litigated by book publishers Hachette et al. is closed. The Second Circuit decision will stand, finding that IAs legal theories were without merittheories I have discussed in multiple posts and will not rehash […] The post Internet Archive as Cautionary Tale appeared first on The Illusion of More.

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[Sponsored] PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research

SpicyIP

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new AI assistant. For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer , a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “ PatAssist”.

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ACE Seizes Sports Piracy Domains including Crackstream and Streameast Clones

TorrentFreak

In August, Homeland Security Investigations (HSI) seized several domain names linked to Streameast, a popular live sports piracy site with millions of users. The seizures were carried out by the book but did not achieve the desired effect, as Streameast remains available through alternative domains. According to the sites operators, they wont stop until sports streaming is more affordable to the public.