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

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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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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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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 121
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How to Successfully License Consumer Products | IPWatchdog Unleashed

IP Watchdog

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

Licensing 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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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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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

Trademark 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 126
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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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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.

Trademark 130
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VEUVE CLICQUOT v. VEUVE OLIVIER: TTAB Favours Petitioner as Respondent Defaults in Cancellation Action

JD Supra Law

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

Trademark 118
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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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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 118
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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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How We Stack Up Against the Competition

Erik K Pelton

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.

Branding 130
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Navigating the Artificial Intelligence Landscape: What Businesses Need to Know

JD Supra Law

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.

Business 118
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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 112
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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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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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Using Global Patent Trends in Smart Manufacturing to Develop an Informed and Effective IP Strategy 

JD Supra Law

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.

IP 117
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Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

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.

Invention 111
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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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EU Committee Recommends Approval of 6 New Biosimilars in July 2024 Meeting

JD Supra Law

The Committee for Medicine Products for Human Use (“CHMP”) recommended 14 medicines for European Medicines Agency Approval (“EMA”) approval (“marketing authorization”), during its monthly meeting on July 22-25, 2024.

Marketing 117
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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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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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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.

Reporting 111
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Foley Automotive Update - August 2024

JD Supra Law

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.

IP 116
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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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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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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.

Copyright 110
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Janssen Pharms., Inc. v. Tolmar, Inc. - Invega Sustenna® (Paliperidone Palmitate)

JD Supra Law

Case Name: Janssen Pharms., Inc. v. Tolmar, Inc., Civ. No. 21-1784-WCB, 2024 WL 2972832 (D. Del. June 13, 2024) (Bryson, J.) - Drug Product and Patent(s)-in-Suit: Invega Sustenna® (paliperidone palmitate); U.S. Patent No. 9,439,906 (“the ’906 patent”).

Patent 114
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[UPCKat] Revisiting lessons from the first ex parte UPC preliminary injunction in myStromer v Revolt

The IPKat

The UPCKat on its way to enforce some orders. As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats Agathe Michel-de Cazotte , Hiske Roos and Laura Mikkelsen and members from the team at Carpmaels we continue the journey, again visiting the Düsseldorf Local Division last year in two decisions (22 June and 18 Octo

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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.

Copyright 100
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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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K&C Sports & Entertainment Law Weekly Roundup - August 2024

JD Supra 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.

Law 115
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Mayor Shows Pirated Copy of “Inside Out 2” on Town Square Big Screen in Brazil

TorrentFreak

Every day, millions of people break the law; by posting copyrighted images, music, and videos on social media, for example. For most of these people, copyright is merely an afterthought, not a real concern. Especially when snippets of copyrighted content are posted to a small audience, the chances of being noticed are small. The legal consequences of mass online piracy are more problematic.

Copying 105