Sat.Jul 06, 2024 - Fri.Jul 12, 2024

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The Rise of AI Zombie Blogs

Plagiarism Today

After nearly a decade, The Unofficial Apple Weblog has returned to life. However, its inglorious return is as an AI-generated zombie. The post The Rise of AI Zombie Blogs appeared first on Plagiarism Today.

Blogging 279
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Worldwide Trademarks continues effort to scam trademark applicants

Erik K Pelton

Beware of latest scam from Worldwide Trademarks, Inc. aka Worldwide Trademarks at 447 Broadway, 2nd Floor, New York, NY 10013. The offer, for $2760, is for inclusion in a publication. A publication with no real value. I have never heard any trademark professional recommend inclusion in such a publication; nor any trademark professional use such a publication for any research.

Trademark 147
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U.S. Universities Warn Students about Limewire and Kazaa… in 2024

TorrentFreak

At the turn of the century, piracy was booming at university campuses across America and far beyond. Seemingly unlimited broadband connections and the presence of many tech-savvy students provided an ideal breeding ground for the rapid expansion of the file-sharing craze. Napster provided the spark and when that shut down, other software applications including Kazaa, LimeWire, and BitTorrent, fueled the fire in the years to come.

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The misadventures of Tintin in the land of parody and freedom of artistic expression

The IPKat

The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes [ IPKat here or here ]. Hergé's legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. In addition to the copyright protection afforded to the fictional characters created by Hergé, these disputes provide an opportunity to explore the various means of defence available to alleged infringers.

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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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Why YouTube’s Erase Song Feature Could Be a Game Changer

Plagiarism Today

YouTube has updated its erase song feature. Soon, users can surgically remove a copyright-claimed song. Here's why it's a big deal. The post Why YouTube’s Erase Song Feature Could Be a Game Changer appeared first on Plagiarism Today.

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What is the Supplemental Register of Trademarks?

Erik K Pelton

In this episode, Erik breaks down the key differences between the supplemental and principal registers and what types of trademarks reside in each. The post What is the Supplemental Register of Trademarks? appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik breaks down the key differences between the supplemental and principal registers and what types of trademarks reside in each.

Trademark 130

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The EU AI Act has been published

The IPKat

Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It's not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long awaited Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168

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3 Count: Smiley Face Settlement

Plagiarism Today

Nirvana Smiley Face lawsuit is settled, Nintendo targets more Switch emulators and influencer files unusual copyright lawsuit. The post 3 Count: Smiley Face Settlement appeared first on Plagiarism Today.

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Top Tips for Building Bold Brands with Strong Trademarks

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 2: Bold Brand Building Tools. Coming up with a great name for a new business, product, or service can be quite difficult, even more so today than in the past since there are so many already out there, and because any business can go online and almost instantaneously be considered a national or international company.

Brands 130
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Z-Library Admins “Escape House Arrest” After Judge Approves U.S. Extradition

TorrentFreak

On November 4, 2022, the United States Department of Justice and the FBI began seizing Z-Library’s domains as part of a major operation to shut down the infamous ‘shadow library’ platform. A criminal investigation had identified two Russian nationals, Anton Napolsky and Valeriia Ermakova, as the alleged operators of the site. On October 21, 2022, at the U.S.

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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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Vidal Addresses USPTO’s ‘Inherited Backlog’, Which May Be at an All-Time High for Patents

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5 months total pendency for trademarks. Vidal said in her blog post that “unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an ‘i

Blogging 122
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3 Count: Termination Ruling

Plagiarism Today

US Copyright Office clarifies copyright termination issue, IPTV pirates hit with massive judgment and religious group sues critic. The post 3 Count: Termination Ruling appeared first on Plagiarism Today.

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The USPTO’s Trademark Trial and Appeal Board, Explained

Erik K Pelton

The following is an edited transcript of my video What is the TTAB? The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office made up of more than 20 administrative judges who primarily decide two types of cases: appeals of final refusals (ex parte appeals) or inter partes cases, which are generally oppositions to pending applications or cancellations of existing registrations.

Trademark 130
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Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting

Patently-O

Guest post by Professors Mark A. Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. First, the Federal Circuit held in In re Cellect that patents tied by double patenting must expire on the same day even if one of the patents has received a

Patent 119
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D.C. Court’s Dismissal of Judge Newman’s Case Against Moore Sets Stage for Appeal

IP Watchdog

The U.S. District Court for the District of Columbia today dismissed the remaining counts in Judge Pauline Newman’s challenge to U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore’s inquiry into her fitness to continue serving as a federal appellate judge. The decision sets the stage for an appeal, which Newman’s lawyer told IPWatchdog will happen “within days, not weeks.

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Copyright, Trademark and Plagiarism in Icons

Plagiarism Today

Nexon, developers of The First Descendent, are accused of copying icons from Destiny 2. However, the story is more complicated. The post Copyright, Trademark and Plagiarism in Icons appeared first on Plagiarism Today.

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Nintendo Targets Switch Emulators Suyu, Nuzu, Uzuy, Torzu, and Sudachi

TorrentFreak

On paper, Nintendo’s lawsuit targeting the developers of Switch emulator Yuzu was solid. It also had the potential to drag on for a long time. Without surprise banana peels suddenly making an appearance, on balance, Nintendo could’ve walked away with a fairly easy win. Yet just weeks after the lawsuit was filed, Nintendo and the anonymous Yuzu developers agreed to settle.

Copying 118
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Cellect: Unveiling the Potential Impact on Patent Term Adjustment

Patently-O

by Dennis Crouch Many have been thinking of the potentially large impact of Cellect v. Vidal , which is now pending before the Supreme Court. This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application.

Patent 118
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FTC Backs USPTO Terminal Disclaimer NPRM as Others Warn it Exceeds Agency Authority

IP Watchdog

The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO’s) notice of proposed rulemaking (NPRM) on terminal disclaimer practice was July 9 and several key organizations weighed in just as the door was closing. One of those commenters was the Federal Trade Commission (FTC), which claimed in its comment letter that “[t]he use of terminal disclaimers linking similar patent claims can exacerbate the exclusionary impact of patent thickets by forcing potential market entrants to inc

Marketing 114
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3 Count: Enough Miami

Plagiarism Today

School shooter's writing will not be released due to copyright, Cardi B sued over Enough (Miami), and YouTube rolled out a Content ID upgrade. The post 3 Count: Enough Miami appeared first on Plagiarism Today.

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Trademark Refusal & Copyright Registration Differences

IP and Legal Filings

INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. The difference might be that these specific grounds for refusal may be different in each of the jurisdictions, however, there are some general refusals applied to both of them. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar tr

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Fixing Double Patenting: The Procrustean Solution?

Patently-O

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette.

Patent 108
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Reconsidering the Right of Publicity in the World of Generative AI

IP Watchdog

Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal world's understanding of an individual's right to publicity. Many states still do not formally recognize a right to publicity, while other states that do recognize such a right are not uniform.

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3 Count: AI Battles

Plagiarism Today

Majority of claims in the GitHub case are dismissed, the New York Times and OpenAI spar over discovery, and Hawk Tuah creators file takedowns. The post 3 Count: AI Battles appeared first on Plagiarism Today.

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Music Making Gen AI: A Deeper Dive into Fair Use

The Illusion of More

In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use. My view in that post was, and remains, that because the purpose of copyright law is to promote authorship, and authorship is human as a matter of doctrine, then a purpose which […] The post Music Making Gen AI: A Deeper Dive into Fair Use appeared first on The Illusion of More.

Fair Use 104
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Pirate Sites Face a More Challenging Hosting Climate in Europe

TorrentFreak

Earlier this month, torrent search engine MagnetDL mysteriously went offline, and there’s still no trace of the site today. The site had previously gone offline after it faced copyright-related hosting challenges, which may have also played a role in its disappearance. MagnetDL’s recent troubles were followed by the voluntary shutdown of pirate streaming site Animeflix a few days ago.

Privacy 110
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Zimmer Biomet Owes Despite Expired Patents, 7th Circ. Says

IP Law 360

Zimmer Biomet Holdings shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired, the Seventh Circuit said Friday, backing a lower court's decision affirming an arbitration ruling in favor of the surgeon's estate.

Patent 98
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Student Arrested, Deported in Academic Fraud Case

Plagiarism Today

A former student of Lehigh University scammed his way to a full scholarship. He was only caught after confessing to it on Reddit. The post Student Arrested, Deported in Academic Fraud Case appeared first on Plagiarism Today.

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My brand of humor – No. 2 – Jim Gaffigan

Likelihood of Confusion

Originally posted 2017-11-27 11:10:41. Republished by Blog Post PromoterThe first installment of this new feature excerpted Gary Gulman’s assault on soft-brand drinks. Jim Gaffigan’s assault on consumer brands is pretty unrelenting too, and — the purpose of this feature — makes me wonder what the folks in brand management do when bits such as these […] The post My brand of humor – No. 2 – Jim Gaffigan appeared first on LIKELIHOOD OF CONFUSION™.

Brands 97
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YoHoHo Asks GitHub to Take ‘Pirated’ Pirate-Themed Games Offline

TorrentFreak

In 2015, Brazilian developer Matheus Valadares shared a new game called Agar.io on 4chan, which soon became a smash hit. The game also popularized the IO extension for games, a reference to the input/output computing term, not the Indian Ocean territory from where it originally derived its initials. These IO games are often quite basic but addictive and entertaining nonetheless.

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Pokemon Go Maker Escapes Gaming Patent Suit

IP Law 360

A California federal judge has let the developer of smartphone game Pokemon Go out of a patent infringement suit, deciding that a patent related to augmented reality technology covers an abstract idea.

Patent 98
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Trademark Meaning and Procedure to Register

IP and Legal Filings

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. A large fields of things that can be registered as a trademark Traditional and Non Traditional Trademarks JM et al,2013 Trademarks can actually be anything from words, symbols, pictures but this has in recent years expanded to the non-traditional trademarks.

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Preliminary Injunction Against FTC’s Non-Compete Ban Marks Narrow But Key Victory for Opponents

IP Watchdog

Last week, just before the holiday weekend, U.S. District Judge Ada Brown of the Northern District of Texas issued a memorandum opinion supporting the entry of a preliminary injunction against the Federal Trade Commission’s (FTC) final rule banning non-compete provisions from U.S. employment contracts. While the requested relief is limited to the plaintiffs named in the action, the ruling marks an important victory for business interests opposing the rule and intellectual property advocates warn

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DAZN: Force Cloudflare to Join Piracy Shield, Prosecute IPTV Buyers ASAP

TorrentFreak

During an Italian Senate Committee on the future of football this week, discussions inevitably turned to the thorny issue of IPTV piracy and the first clear signs that controlling it is beyond current capabilities. Given the rhetoric leading up to the launch of the Piracy Shield system, piracy in Italy should either be extinct or at the very least, gasping for air right now.

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Beastie Boys Want Chili's To Stop Playing 'Sabotage'

IP Law 360

The Beastie Boys can't stand it. Chili's parent company, Brinker International Inc., has allegedly been using the band's 1990s hit "Sabotage" in social media videos to promote the restaurant chain without permission, and the band wants it to stop, according to a complaint filed in Manhattan federal court.