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 299
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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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Anna’s Archive Faces Millions in Damages and a Permanent Injunction

TorrentFreak

Anna’s Archive is a meta-search engine for shadow libraries that allows users to find pirated books and other related sources. The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, to ensure continued availability of ‘free’ books and articles to the broader public. Late last year, Anna’s Archive expanded its offering by making information from OCLC’s proprietary WorldCat database available online.

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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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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.

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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

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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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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.

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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 139
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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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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.

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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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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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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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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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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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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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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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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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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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Delaware's 2024 Business Entity Law Amendments Part 1: Amendments to Partnerships, LLC and Statutory Trust Acts

Cogency Global

In keeping with its tradition of updating its business entity laws annually, on May 30, 2024, Delaware Governor John Carney signed into law HB 339, HB 337, HB 336 and HB 338. These bills take effect on August 1, 2024, and amend Delaware’s Partnerships, LLC and Statutory Trust Acts, respectively. Below are the bills’ highligh ts. For highlights of the 2024 amendments to Delaware’s General Corporation Law, please see our upcoming companion article.

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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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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

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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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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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BREIN Shuts Down Pirate IPTV Service, Users Get a ‘Warning’

TorrentFreak

The Internet is littered with shady IPTV services that offer a lot, for very little money. These deals often seem too good to be true and in most cases they are; at least for those who prefer to stay on the right side of the law. Anti-piracy groups around the world are actively trying to shut down these illicit operations. In Europe, Dutch anti-piracy group BREIN is at the forefront of the battle.

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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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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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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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Patent Holder Drops VoIP Suits Against Capital One, Fidelity

IP Law 360

A small company that owns a voice recognition technology patent has agreed to drop its lawsuits in Texas federal court against Capital One and Fidelity.

Patent 103
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What Happened to Gonzalez v. Google After the SCOTUS Decision?

Technology & Marketing Law Blog

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Two of those cases, Gonzalez v. Google and Taamneh v. Twitter, produced Supreme Court rulings last year. In Taamneh, the court held that Twitter could not be liable for aiding-and-abetting because, among other reasons, Twitter did not do anything that specifically facilitated the terrorist attack at issue.

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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™.

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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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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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Facebook Isn’t Subject to the ADA–Lloyd v. Facebook

Technology & Marketing Law Blog

Lloyd brought a pro se lawsuit against Facebook raising a myriad of concerns. My prior blog post. The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. Some of the points covered: “the ADA claim fails because Facebook is not a place of public accommodation.” The Rehabilitation Act “does not apply to defendants who are private entities that do not receive federal funds.” With respect to the U