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In May 2007, the Ninth Circuit Court of Appeals handed down one of the most important rulings in the history of the internet, the Perfect 10 v Google ruling. The ruling established the “server test,” which allowed sites to embed copyright-protected content without infringement. Since the site wasn’t hosting the content, it wasn’t responsible for … The post The Server Test Suffers A Major Blow appeared first on Plagiarism Today.
Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. Its launch on July 17 was declared “Manga Day” and its purpose was to raise awareness of manga piracy by thanking those who pay for comics, rather than attacking those who do not pay.
Our take on the USPTO’s proposed fee increases and how small businesses may be affected. The post Comments on USPTO Fee Increases appeared first on Erik M Pelton & Associates, PLLC. Our take on the USPTO’s proposed fee increases and how small businesses may be affected.
In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake pornography to sue anyone who knowingly creates, receives, or distributes such images. It only addresses civil liability and only applies to pornographic content, but we would not be surprised to see more expansive legislation in this area in the future.
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?
After decades of sending DMCA notices, I began also serving as a DMCA agent. Several years later, here's what I've learned. The post 5 Things I’ve Learned Being a DMCA Agent for 100s of Sites appeared first on Plagiarism Today.
If you are an inventor of a consumer product there are reputable companies looking for inventions and ideas to bring to market, and their business model is built on taking products to market over and over again, and they are in constant need of new products and improvements. They also realize litigation is wasteful when you are dealing with products that often have a 1-, 2- or 3-year shelf life, so they are willing to do deals that allow them to quickly get products onto shelves and into the str
The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. The basic government filing fee is as low as $250 (as of this publication), and the resulting trademark registration provides a myriad of benefits to its owner, such as: Use of the ® symbol, which helps ward off potential infringers by demonstrating to the public that the brand is taken seriously and has the USPTO’s legal
The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register Trademark registration with the USPTO has tremendous value. The basic government filing fee is as low as $250 (as of this publication), and the resulting trademark registration provides a myriad of benefits to its owner, such as: Use of the ® symbol, which helps ward off potential infringers by demonstrating to the public that the brand is taken seriously and has the USPTO’s legal
Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released the first in what is expected to be a series of reports arising from the study – this one focused on digital replicas, or as they are often called, “deepfakes.
YouTuber files a class action lawsuit against OpenAI, Finland slashes its private copying fund, and an Ole Miss coach is sued over a tweet. The post 3 Count: Finland Controversy appeared first on Plagiarism Today.
Despite providing a range of services for free that millions have come to rely on, and others that improve security and uptime for millions more, not everyone views Cloudflare’s key products as universally positive. In Italy, where it took just a couple of weeks for the Piracy Shield blocking system and Cloudflare to start bumping heads, the reasons for conflict are on full display.
Evidence of use for a apparel (shirts, sweatshirts, etc) can be tricky for a trademark filing with the USPTO. See the graphic and video below for more details on what generally makes the best types of use and evidence for your trademark in connection with clothing: The post Trademark Use and Evidence for Apparel: Best Practices appeared first on Erik M Pelton & Associates, PLLC.
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.
After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. The Act is remarkable not only because its sponsors span the ideological spectrum -- the Act was introduced by Senators Coons, Blackburn, Klobuchar, and Tillis.
A photographer won a $1,500 determination at the Copyright Claims Board. However, the case isn't as simple as it first appears. The post Copyright Claims Board Awards Photographer $1,500 in Damages appeared first on Plagiarism Today.
The Artificial Intelligence boom promises unparalleled progress but, in reality, it’s still early days. As startups and established tech giants explore their options, semiconductors are selling like hot cakes, while seemingly mundane data archives are suddenly portrayed as digital gold. Chips and data are the oil of the AI-revolution and a quick glance at Nvidia’s stock chart shows that business is going well.
We know that there are a lot of options when choosing who to work with protecting your trademark and brand. We feel quite confident about how we stack up against other law firms and filing options. Not just our experience and flat fees, but our values and much more. For more about our work and experience, see [link]. The post How We Stack Up Against the Competition appeared first on Erik M Pelton & Associates, PLLC.
Before Moore, Stoll, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas. Summary: No live controversy existed over patent claims omitted from infringement contentions prior to a judgment on the pleadings. Claims remaining in controversy were invalid under § 101.
The social media phenomenon Zillow Gone Wild is facing a lawsuit from a real estate photographer. Here's what is at stake. The post Zillow Gone Wild Sued by Real Estate Photographer appeared first on Plagiarism Today.
Major rightsholders are constantly seeking tougher legislation, more effective anti-piracy tools, and enhanced cooperation with governments and other stakeholders. Even in countries where authorities view protection of intellectual property rights as a priority, achieving any of the above usually involves significant periods of negotiation. In Asia, where attitudes to IP crime vary considerably from one country to the next, tackling piracy may not be out of the question but may be considered les
The European Artificial Intelligence (AI) Act officially came into force on Thursday, August 1, with most provisions of the regulation applying as of August 2, 2026. However, the regulation states that compliance for prohibited practices should be in effect by February 2, 2025, considering “the unacceptable risk associated with the use of AI in certain ways.
In MHCS v Les Grands Chais De France (Cancellation No 92075021, 8 March 2024), the Trademark Trial and Appeal Board (TTAB) has granted a petition for cancellation brought by viticulture giant MHCS against a mark owned by the smaller Les Grand Chais de France. Petitioner MHCS, aided by the relative absence of the respondent from the proceedings, prevailed, as the TTAB determined that the petitioner’s VEUVE CLICQUOT mark is entitled to broad protection based on its commercial strength, in addition
Anti-circumvention rules get a big win, AI firms hit back at record labels and sports leagues accuse X of enabling piracy. The post 3 Count: The Home of Piracy appeared first on Plagiarism Today.
Faced with the growing popularity of ‘pirate’ libraries such as Z-Library and Anna’s Archive , book publishers have ramped up their anti-piracy efforts. This year alone, Google has processed hundreds of millions of takedown requests on behalf of publishers, at a frequency we have never seen before. The same publishers also target the pirate sites and their hosting providers directly, hoping to achieve results.
By its decision on 1 August 2024, the Court of Bari (Specialised Business Section) declared that the Italian plant variety right (PVR) for a seedless table grape variety named 'Sugraone' was invalid on the grounds of novelty. The decision (English translation here ) also dismissed the claims of trade mark infringement and invalidity. Images from Pixabay.
Artificial Intelligence (“AI”) generated a tremendous amount of excitement in 2023 as businesses rushed to build use cases and deploy AI tools throughout their organizations. AI has evolved from a futuristic concept into a transformative force across various industries. While the term “Artificial Intelligence” is credited to a Dartmouth College computer scientist who coined the term in 1955, there is still great confusion on exactly what is AI.
Louisiana court rules copyright termination affects foreign rights, Thai police raid pirate streamer in car wash and WotC targets fans. The post 3 Count: Foreign Matters appeared first on Plagiarism Today.
According to the latest Freedom House report, citizens of the United States benefit from robust freedoms of expression and a wide array of other civil liberties. For that, the country receives a score of 83/100. With just 3.4 million citizens, the relatively tiny country of Uruguay receives 96/100 and, while it’s certainly not perfect, it does a lot of things right.
The Federal Court issued another troubling copyright decision involving Blacklock’s Reporter (BR) in the recent case, 1395804 Ontario Ltd, operating as Blacklock’s Reporter v AG Canada , 2024 FC 829. In reasons that are very difficult to follow and untangle, Justice Roy of the Federal Court held that Parks Canada did not infringe copyright or breach the Copyright Act’s legal protection of technological protection measures by circulating copies of articles and passwords to locked articles publish
In today’s global economy, product research and development (R&D) has historically been concentrated in the U.S. and China. However, these efforts are beginning to decentralize and spread into new regions, such as Japan and South Korea.
Cox attempts to get a new trial in $1 billion case, Mattel wins lawsuit against producer and Nvidia leak highlights dubious scraping. The post 3 Count: Billion Dollar Question appeared first on Plagiarism Today.
Last month, several major record labels sued Internet provider Verizon over its subscribers’ alleged copyright infringements. The companies alleged that the Internet provider “buried its head in the sand” while knowingly providing its Internet services to a massive community of online pirates. This is not the first case of this kind.
INTRODUCTION In the world of intellectual property, copyright is an important means of protecting original works of authors. For writers, artists, musicians and other creators in India, knowing how to register their copyrights can be a valuable asset. This guide explores the process, benefits, and key points about copyright registration in India. Abstract This blog provides complete information to go about the registration for copyright in a systematic manner with due incorporation of all steps
Key Developments - The Society of Automotive Analysts (SAA) will host Coffee Break with Foley & Lardner: Combating Internal and External IP Leakage on August 21, 2024 at 11:00am (ET). Register here to attend the webinar.
In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. Discussing this development in detail, we are pleased to bring to you this post by SpicyIP intern Rishabh Deshpande.
The Ultimate Fighting Championship (UFC) has promoted mixed martial arts fights for three decades, turning the sport into a billion-dollar industry. The company is known for its aggressive stance against piracy. UFC President Dana White has repeatedly called out pirates and even got into a keyboard fight with a trolling streaming pirate. UFC has also called on lawmakers to help them address the piracy problem.
by Dennis Crouch The Federal Circuit’s new decision in Sanho v. Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law.
Streaming service Fubo has told a NY federal court that ESPN, Fox, and Warner Bros. Discovery are teaming up with others to knock down its “sports-first streaming business,” but what Fubo calls anticompetitive behavior, the trio of companies on the other side of a lawsuit call fair competition.
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