Sat.Aug 03, 2024 - Fri.Aug 09, 2024

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5 Things I’ve Learned Being a DMCA Agent for 100s of Sites

Plagiarism Today

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.

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Comments on USPTO Fee Increases

Erik K Pelton

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.

Business 130
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Japan vs. Manga Piracy: $800m Losses & 100 New Pirate Sites in One Month

TorrentFreak

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.

Reporting 116
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The NO FAKES Act: Bipartisan Group of Senators Introduce Bill to Protect against Unauthorized Uses of Digital Replicas

JD Supra Law

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.

Art 122
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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: Finland Controversy

Plagiarism Today

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.

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USPTO Trademark Application: the key to unlocking more trademark protection

Erik K Pelton

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

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Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

JD Supra Law

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.

Reporting 117
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The Server Test Suffers A Major Blow

Plagiarism Today

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.

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Trademark Use and Evidence for Apparel: Best Practices

Erik K Pelton

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.

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Brazil’s New Appellate Stage Guidelines: Strategies for Efficient Patent Prosecution

IP Watchdog

In an ongoing effort to reduce the backlog of patent applications, Brazil has introduced new appellate stage guidelines that significantly impact how applicants should respond to office actions and file appeals. These changes emphasize thorough and strategic responses to ensure all objections are properly addressed, paving the way for a more efficient patent granting process.

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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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Plant variety rights for 'Sugraone' grapes invalidated in Italy

The IPKat

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.

Marketing 114
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Zillow Gone Wild Sued by Real Estate Photographer

Plagiarism Today

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.

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Best in the World: Gear at the Forefront of Sports and Technology

JD Supra Law

The best athletes in the world have converged on Paris to represent their countries and showcase their ultimate sports performances — but the athletes are not the only ones going for gold. The Paris Olympics is also an arena for apparel and technology companies to represent their countries and showcase the best gear that sports and technology has to offer.

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Get Ready to Comply: The EU’s AI Act is Now in Force

IP Watchdog

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.

Business 115
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Understanding subscription licenses, fair dealing and legal protection for TPMs in Canada: A critical commentary of the Blacklock’s Reporter Parks Canada decision

Barry Sookman

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

Reporting 111
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Copyright Claims Board Awards Photographer $1,500 in Damages

Plagiarism Today

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.

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How The USPTO Views Human-AI Collaborations

JD Supra Law

Artificial intelligence (AI) enables computers and machines to think like humans and perform complex tasks traditionally associated with human intelligence, such as making decisions, reasoning, recognizing patterns, and solving problems. Empowering the development of various things such as self-driving cars, chatbots, and virtual personal assistants, AI is rapidly becoming ubiquitous and changing many aspects of our lives.

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3 Leadership Practices For A More Supportive Firm Culture

IP Law 360

Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

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Cloudflare Can’t Be Forced to Use Piracy Shield to Block IPTV, Court Tells Serie A

TorrentFreak

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.

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3 Count: The Home of Piracy

Plagiarism Today

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.

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Copyright Registration in India

IP and Legal Filings

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

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General Motors Fender Patent Won't Be Challenged, After All

IP Law 360

General Motors Co. says that it has come to a deal with a Chicago auto parts supplier who went all the way to the full Federal Circuit — and changed design patent jurisprudence — in a now-abandoned challenge to a patent covering the design of a front fender.

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UFC Links Increase in Piracy Numbers to ESPN Price Hikes

TorrentFreak

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.

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3 Count: Foreign Matters

Plagiarism Today

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.

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Eleventh Circuit Clarifies Scope of Abstraction-Filtration-Comparison Test for Copyright Claim

IP Watchdog

On Thursday, the United States Court of Appeals for the Eleventh Circuit published an opinion in Compulife Software, Inc., v. Newman, a copyright infringement and trade secret misappropriation case that has been winding through the courts for some time. The original claim alleged that the defendants, consisting of multiple individuals, obtained access through improper means to the data used by Compulife in its software.

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E-Discovery Quarterly: Rulings On Hyperlinked Documents

IP Law 360

Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

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U.S. Copyright Groups Urge Canada to Prioritize Anti-Piracy Enforcement

TorrentFreak

The Canadian Government is no stranger to having its copyright policies critiqued. The Office of the US Trade Representative (USTR), for example, has repeatedly placed its northern neighbor on a “ watch list ” because it fails to properly deter piracy, and then the EU followed suit. To tackle copyright concerns, Canada has made several changes to its laws in recent years.

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3 Count: Billion Dollar Question

Plagiarism Today

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.

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Tracey Armstrong Delivers Remarks at the 2024 Indian Publishers Conference

Velocity of Content

A version of this post originally appeared on the IFRRO (International Federation of Reproduction Rights Organisations) Website. On 2 August, Tracey Armstrong, President and CEO of CCC and President of the IFRRO Board of Directors, delivered a speech at this year’s Indian Publishers Conference: Unleashing Digital Potential , organized by the Federation of Indian Publishers ( FIP ) in collaboration with IFRRO member, the Indian Reprographic Rights Organization ( IRRO ).

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Loper Bright Limits Federal Agencies' Ability To Alter Course

IP Law 360

The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

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White Space Analysis

IP and Legal Filings

White Space Analysis is a process used by companies to produce strategic inventions. In this analysis, companies usually find a white-space gap within a sector and, considering how the gap could be filled, they introduce their inventions. This is a pre-patent filing duty that needs to be performed to understand the market a company is entering, enabling them to develop their product or invention accordingly.

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RIAA Backs AI Copyright Lawsuit Against Anthropic, Sees Similarities with Napster

TorrentFreak

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.

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Trademark Infringement to Criminal Prosecution: an Inimitable Interaction?

SpicyIP

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.

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Sporting Good Cos. Fight Over Helmet Tech In Patent Suit

IP Law 360

A company suing football helmet manufacturer Certor for patent infringement took aim Wednesday at its rival's interpretations of the disputed patent, accusing it of trying to sidestep the court's earlier construction of a term with "no change in the law, no new facts to consider, nothing.

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The Seventh Circuit solution

Likelihood of Confusion

Originally posted 2014-06-16 19:39:18. Republished by Blog Post PromoterMatthew David Brozik wrote here about the December 2013 Holmes copyright expiration decision out of the U.S. District of Illinois shortly after it came out. Go there to understand what the case is about, as I did. Today that District Court opinion was affirmed by the Seventh […] The post The Seventh Circuit solution appeared first on LIKELIHOOD OF CONFUSION™.