Sat.Dec 21, 2024 - Fri.Dec 27, 2024

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Why So Much of Christmas is Protected by Copyright

Plagiarism Today

As old as Christmas traditions often feel, it's surprises many so few are in the public domain. However, there's a simple reason for that. The post Why So Much of Christmas is Protected by Copyright appeared first on Plagiarism Today.

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SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

JD Supra Law

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information from news articles used to train its large language models. While still early, the courts favorable decision for The Intercept Media, Inc. could serve as a model for other news organizations and rights holders seeking to discourage the unauthorized use of their works by.

Copyright 118
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Cloudflare Must Block ‘Piracy Shield’ Domains and IP Addresses Across its Service

TorrentFreak

Rightsholders see Italys elaborate ‘ Piracy Shield ‘ system as the future of anti-piracy efforts. The broad blocking powers it provides certainly made an impact this year but not all news was positive. Multiple reports of overblocking included mishaps where the anti-piracy system blocked access to Google Drive and other legitimate sites and services.

IP 115
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Does it have an index? @LizPelly’s Must-Read Investigation in “Mood Machine” Raises Deep Questions About Spotify’s Financial Integrity

The Trichordist

Music journalist Liz Pelly’s upcoming investigative book raises serous questions about the legitimacy of Spotify’s playlists and stream counts.

Music 118
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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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3 Count: Hello and Goodbye

Plagiarism Today

Brazil judge orders Adele song removed, Italian court orders Cloudflare to block piracy and Warner accused of infringing Charlie the Unicorn. The post 3 Count: Hello and Goodbye appeared first on Plagiarism Today.

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Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

JD Supra Law

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered answer engine Perplexity AI in the District Court for the Southern District of New York.

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[Guest post] Tesla and EUIPO hit the brakes on trade mark troll: EUIPO Cancellation Division invalidates ‘TESLA’ trade mark due to bad faith

The IPKat

The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the EUIPO Cancellation Division regarding a trade mark registration for TESLA obtained by a so called trade mark troll. Here is what Nedim writes: Tesla and EUIPO hit the brakes on trade mark troll: EUIPO Cancellation Division invalidates TESLA trade mark due to bad faith by Nedim Malovic From self- to Kat-driving cars: Tesla's latest ev

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Aldi Found Liable for Infringing Competitor’s Packaging Copyright

Plagiarism Today

Aldi has taken a rare legal loss as an Australian court ruled it infringed the copyright of three packages of flavored corn puffs. The post Aldi Found Liable for Infringing Competitor’s Packaging Copyright appeared first on Plagiarism Today.

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Federal Circuit: Patent Must Claim Active Ingredient for Orange Book Listing

JD Supra Law

On December 20, 2024, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling in theTeva v. Amnealcase following oral arguments before the Federal Circuit, which we discussed in ourprevious article. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent 117
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‘Destroyed’ Usenet Provider Sues Anti-Piracy Group for Millions in Damages

TorrentFreak

The legal saga of News-Service Europe ( NSE ) and anti-piracy group BREIN has taken another dramatic turn. Once a titan in the Usenet world, NSE was forced to shut down in 2011 after BREIN took legal action on behalf of the movie and music industries. In its initial verdict, the Court of Amsterdam concluded that NSE willingly facilitated online piracy through its services.

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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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The Top Legislative Developments of 2024 for Trademarks

IP Watchdog

In 2024, Americas legislators continued their effort to fight against the harmful impact of counterfeit products being sold to American consumers. Counterfeit sellers often detract from the revenue of American businesses, infringe upon U.S. trademark owners intellectual property, and threaten the safety of U.S. consumers. Americas elected officials are trying to protect their constituents, along with their businesses, via legislation intended to make it more difficult for counterfeit sellers to

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Lego loses

Likelihood of Confusion

Originally posted 2014-02-26 09:43:40. Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here. They tried to use trademark rights as a way to protect the design of their toy and avoid competition. But that is not what trademarks are, much less what they are for. And now, barring a successful […] The post Lego loses appeared first on LIKELIHOOD OF CONFUSION.

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USPTO Patent and Trademark Fee Increases

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively.

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Danish Court Greenlights Copyright Protection for Live Sports in Landmark Blocking Case

TorrentFreak

As one of the oldest sports live-streaming portals, Rojadirecta has been thorn in the side of sports organizations for well over a decade. The linking site, operated by a Spanish company Puerto 80 Projects and its owner Igor Seoane, initially had a good track record when it came to legal battles. Rojadirecta famously had its domain name returned after it was seized by the US Government years ago.

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Step Right Up: The Chamber of Progress’s Ticketing Chamber of Horrors Fools Nobody

The Trichordist

The Chamber of Progress is at it again, this time with added fallaciousness and foolishness.

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Non-Patent IP Cases at the Supreme Court: December 2024 Update

Patently-O

by Dennis Crouch I recently posted about pending patent cases before the Supreme Court, this post goes into the non-patent intellectual property cases: On December 11, 2024, the Court heard arguments in Dewberry Group, Inc. v. Dewberry Engineers Inc. , No. 23-900, addressing profit calculations for trademark misappropriation under Section 35(a) of the Lanham Act, 15 U.S.C. 1117(a).

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Nintendo Finally Sues Palworld Developer, but Not for Copyright Infringement

JD Supra Law

When the Palworld video game was released in January 2024, many commentators were quick to point out the games striking similarities to the well-known Pokmon series. Both games are considered part of the monster tamer genre, where players capture creatures, train them, and then battle them against similar creatures. Some commenters noted that many creatures in both games share similar traits, abilities, and appearances, describing Palworld as Pokmon with guns..

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Rojadirecta & Site Operator Hit With $33m Piracy Damages Judgment

TorrentFreak

Two years after its debut in 2005, Rojadirecta faced legal action in Spain for providing links to unlicensed sports streams. Rojadirecta was adamant that under existing law the site operated legally and steadfastly refused to shut down. In 2009, that position was endorsed by a district court and then upheld by a provincial court after rightsholders filed an appeal.

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Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders

SpicyIP

Image from here and here. [This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur. His previous posts can be accessed here.] In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities.

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How Fair Use Favors OpenAI in the ANI Lawsuit

IP and Legal Filings

INTRODUCTION AND CONTEMPORARY RELEVANCE Ever since ANI filed a lawsuit against OpenAI for alleged infringement of its copyright, existing discrepancies in the legal framework surrounding its permissible bounds have cropped up, and policymakers all over hope to receive much-needed clarity on the issue through the medium of this verdict. Fair Use is one of the principles being mooted in defense of OpenAI to argue that the latters Use of the formers copyrighted content fits within Fair Use threshol

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2024 Recap: Ten Lords A-Leaping!

JD Supra Law

As the worlds premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITORS NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to recap the top ten posts of 2024. Were doing this in reverse-order countdown mode because we like to pretend were astronauts.

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Domain Seizures and German ISP Blockade Add to Libgen’s Troubles

TorrentFreak

Library Genesis ( LibGen ) is one of the oldest shadow libraries on the Internet, offering free access to millions of books and academic papers for which people would otherwise have to pay. The sites origins reportedly trace back to the Soviet Unions underground publishing culture samizdat, which was used to bypass state censorship in the last century.

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Recent Patent Cases at the Supreme Court

Patently-O

by Dennis Crouch The Supreme Court has not granted certiorari in any patent cases this term. But the 2024 docket includes a number of important petitions -- some focusing on procedural issues and others on fundamental patent law questions. Here is a quick review of those currently pending before the high court: To continue reading, become a Patently-O member.

Patent 86
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ORIGINALITY IN DATABASE: UNDERSTANDING COPYRIGHT THRESHOLDS

Intepat

In the modern digital economy, database serve as the backbone of a wide array of industries, including healthcare, e-commerce, research, and telecommunications. These industries heavily rely on database to store, manage, and analyse vast amounts of information. While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law.

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[Video] The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

JD Supra Law

While influencer marketing has become popular in the creator space, it doesnt come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing.

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Sky’s Enhanced High Court Pirate IPTV Blocking Order Closes Loopholes

TorrentFreak

As a TV broadcaster, Sky has an exceptional view of the legal subscription TV market and how the illegal IPTV market encroaches on that. As an ISP that supplies 20% of the market, Sky’s view of its own customers using Sky Broadband to pirate Sky’s pay TV content is a persistent irritant that comes with the territory. Sky’s involvement in ISP blocking orders has traditionally meant complying with injunctions obtained by groups including the MPA and RIAA.

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SpicyIP Tidbit: Understanding the Powers of Regional Directors under Companies Act vis a vis Trademark Similarity

SpicyIP

Image from here [This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur.] In a decision passed on November 11, the Delhi High Court held that the Regional Director under the Companies Act has no jurisdiction to decide ownership of trademark.

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Patent Amendment Rules, 2024 – A Comprehensive Overview

Intepat

The Patent Amendment Rules, 2024, represent a significant overhaul of the Indian patent system, aimed at enhancing efficiency, transparency, and accessibility. These amendments, effective from March 15, 2024, introduce several key changes to streamline the patent amendment process, ensure timely decisions, and provide special provisions for small entities and startups.

Patent 52
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Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

JD Supra Law

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a trade secret, no trade secret misappropriation, and no damages or reasonable royalties owed.

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"PROMATCH" for Drum Sticks Identifies a Process, Fails to Function as a Trademark

The TTABlog

The steady drumbeat of failure-to-function refusals continues, with the Board affirming a refusal to register the proposed mark PROMATCH for "drum sticks and percussion instruments" on the ground that the term identifies a process or system and therefore fdoes not function as a trademark. Applicant pointed out that the PROMATCH text is bolded on its packaging, is accompanied by the symbol, and appears in a larger size font than the remainder of the text, thereby drawing the consumer's attention

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Call for Submissions: GNLU’s Journal of Law and Technology

SpicyIP

We are pleased to announce that Gujrat National Law University, Gandhinagar is inviting submissions for its Journal of Law and Technology (ISSN: 3048-9989 (Print)) on rolling basis. For further details, please read their call and the guidelines below- Call for Submissions: GNLU’s Journal of Law and Technology About the Journal Gujarat National Law University (GNLU) is the statutory university established by the Government of Gujarat under the Gujarat National Law University Act, 2003 and i

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Never Too Late: If you missed the IPKat last week!

The IPKat

If you have started the holiday season (hopefully while enjoying the snow) and missed out on the latest updates from The IPKat, here is a quick summary of last week! Image by Riana Harvey Vote for Your Favourite IP Books! Anastasiia Kyrylenko announced the launch of our end-of-year tradition: The 2024 Book of the Year Awards! Do not forget to check the rules and vote for your favourite IP books!

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Federal Circuit Decides Case Involving Orange Book Listing of Device Patents

JD Supra Law

Earlier this yearwe reportedon the Federal Trade Commissions efforts taken against certain drug manufacturers when listing device patents in the FDAs Orange Book. We concluded that the efforts to date by the FTC had a minimal impact on a manufacturers decision on whether to list a device patent.

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ONLINE DISPUTE RESOLUTION AND PRIVACY CONCERNS

IP and Legal Filings

Introduction With globalization and the advancement of technology, Online Dispute Resolution serves as a practical solution to solve the greater number of cases that are not likely to be solved with conventional court. Yet, ODR systems are not without major privacy concerns, especially concerning the issue of identification data and other financial assets data.

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Plaintiff Illustrator Files Fresh Lawsuit Against Amazon KDP/Jeff Bezos Over Unauthorized Book Covers

Indiana Intellectual Property Law

Plainfield, Indiana – Allen Lee Asher-Butler has filed a copyright infringement suit against Amazon KDP and Jeff Bezos , claiming they are committing copyright infringement regarding four books that he designed and illustrated the covers for. According to Asher, these books, authored by William “Will” Wills , have been sold by Amazon since 2009 without his authorization.