Erik K Pelton

DECEMBER 28, 2023

The following is an edited transcript of my video Top Tips for Avoiding Trademark Scams No matter how many times I speak, post, and warn about them, scams are everywhere, and I get messages from people who are receiving scams almost every week. Tip #1 for avoiding trademark scams is know your registration renewal dates. Many scams try to get you to renew your trademark long before it’s even possible, so if you know the renewal dates, you can avoid those.

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Plagiarism Today

DECEMBER 28, 2023

In just a few days, the first appearance of Mickey Mouse lapses into the public domain. Here's what it really means to other creators. The post What Mickey Mouse Lapsing into the Public Domain Means appeared first on Plagiarism Today.

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Public Domain Plagiarism Copyright Law Copyright 283

TorrentFreak

DECEMBER 25, 2023

At the end of every year, we take a look at the most-downloaded TV shows among torrenting pirates. For several years in a row, the list was headed by Game of Thrones but that reign came to an end after the series ended. In the years that followed, Disney+ releases stepped in to fill the void, with ‘Wandavision’ and ‘The Mandalorian’ taking wins in 2020 and 2021 respectively.

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Reporting Copyright 145

Patently-O

DECEMBER 28, 2023

by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China has begun its move in the opposite direction with the recent decision granting rights to an artist who created an image using the popular generative AI system Stable Diffusion. The case of Li v. Liu was decided by the recently Beijing Internet Court.

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Copyright Copyright Law Copyright Infringement IP 139

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?

Technology

Erik K Pelton

DECEMBER 27, 2023

Erik wraps up a great 2023 at EMP&A in this special year-end episode. The post EMP&A Wrapped 2023 appeared first on Erik M Pelton & Associates, PLLC. Erik wraps up a great 2023 at EMP&A in this special year-end episode.

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Plagiarism Today

DECEMBER 27, 2023

2023 was a banner year for copyright. However, the past 12 months also featured some real missteps and obvious mistakes. The post The 5 Dumbest Copyright Stories of 2023 appeared first on Plagiarism Today.

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Copyright Plagiarism Art Music 281

JD Supra Law

DECEMBER 28, 2023

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in Korea, a later-filed mark that is similar to a senior mark already registered with the Korean Intellectual Property Office (“KIPO”) would be rejected for registration.

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Trademark Intellectual Property Trademark Law Registration 118

IP Watchdog

DECEMBER 24, 2023

Another year of IP is behind us, and it is time to reflect on what mattered most—what decisions will affect practice for years to come and/or continue to play out in the courts as we move into 2024? Below are reflections on milestones from this past year—some positive, some negative, and some neutral--at least for now.

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IP Technology Government Trademark 119

Plagiarism Today

DECEMBER 28, 2023

New York Times files lawsuit against Microsoft and OpenAI, Strike 3 Holdings breaks previous year's record and Star Wash draws lawsuit. The post 3 Count: Sign of the Times appeared first on Plagiarism Today.

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Plagiarism Journalism Copyright Trademark 233

TorrentFreak

DECEMBER 29, 2023

At the end of the year, movie industry insiders traditionally receive their screener copies, which they use to vote on the Oscars and other awards. Historically, many of these screeners leaked on pirate sites, where they would be shared among millions of unauthorized viewers. This ‘ screener season ‘ was highly anticipated but nothing stays the same forever.

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Copying Copyright 122

Advertiser: IPO

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.

Patent

Barry Sookman

DECEMBER 23, 2023

Artificial intelligence (AI) systems and in particular generative AI (GenAI) systems have raised the question as to whether technical advances in the useful arts or synthetic content generated using these tools can qualify for patent or copyright protection. Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system.

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IP Watchdog

DECEMBER 26, 2023

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. Courts ruled on issues ranging from First Amendment and parody considerations to the extraterritorial reach of U.S. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

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Trademark Trademark Law Law Government 119

Plagiarism Today

DECEMBER 27, 2023

Disney ordered to pay $600k over motion capture software, Indian court rules for studio and DMCA notices try to deindex Artemis 2 info. The post 3 Count: Motion Captured appeared first on Plagiarism Today.

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Plagiarism Copyright Law Law Copyright 219

TorrentFreak

DECEMBER 27, 2023

Today, it’s common knowledge that IP-addresses and downloads of BitTorrent users can be easily monitored by tracking outfits. This inherent transparency has fueled thousands of lawsuits against alleged video pirates, both in the U.S. and around the world. In the United States, Strike 3 Holdings established itself as the absolute frontrunner in recent years.

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JD Supra Law

DECEMBER 28, 2023

The recent legal clash between Daryl Hall and John Oates highlights key lessons about partnership dynamics and the necessity for a well-crafted partnership agreement. Their conflict, while centered on assets derived from their creative collaborations, mirrors challenges that business partners often face when their relationship deteriorates.

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Business 110

IP Watchdog

DECEMBER 26, 2023

Trade secrets in the United States have a fascinating history, during which courts shaped the common law tort as a way to enforce confidential relationships. Now the legal framework is statutory, with some version of the Uniform Trade Secrets Act (UTSA) in effect in every state except New York, and with uniformity in the federal system thanks to the Defend Trade Secrets Act of 2016 (DTSA).

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Confidentiality Law Litigation Intellectual Property 111

Kluwer Copyright Blog

DECEMBER 26, 2023

Image by Виктор Сапожников via Pixabay More than two years after the transposition deadline, and with another infringement proceeding under its belt, Bulgaria is one of the last Member States to now implement the CDSM Directive. On the tail end of a political crisis that forced the country into multiple consecutive early general elections and led to a string of short-lived parliaments not being able to come through with the adoption of the proposal, the long-awaited amendments to the Bulgarian C

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Art Music Publishing Law 110

TorrentFreak

DECEMBER 24, 2023

The exact nature of ‘Partners Against Piracy’ (PAP) can be a little disorientating at times. In March 2020, the Kenya Copyright Board announced that it had launched the ‘Partners Against Piracy Campaign’ describing it as a “multi-stakeholder” awareness program. The Copyright Board said that pirates “don’t pay for the goods or services that they utilize” and “hardly pay taxes and/or employ staff.” Broadly speaking, pirates were hav

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The IPKat

DECEMBER 27, 2023

The issue of exhaustion of rights has been the subject of numerous decisions in the past few years [ IPKat here , here or here ]. This Kat has found an important recent ruling by the French Cour de Cassation involving this doctrine as applied to trade mark law. The issue was to determine whether the sale in a second-hand shop of cosmetic samples partially used or cosmetic products whose original packaging had been altered would amount to trade mark infringement.

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Marketing Marketing Intellectual Property Law 110

Patently-O

DECEMBER 29, 2023

by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. This marks the fourth consecutive year of decline in the number of issued patents. The 2022 figures show a 3% decrease from the previous year and a 12% decrease from the record-high numbers seen in 2019, as depicted in the chart below.

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Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. We’re nearing the end of December, which means it’s time for Copyright Lately ’s annual worst-of list. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023.

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TorrentFreak

DECEMBER 23, 2023

There’s little doubt that many entertainment industry insiders see online piracy as an existential threat. The film business has been hit particularly hard, with movies still the most pirated entertainment category. Several anti-piracy forces are working hard to address the challenge. This involves concrete actions to shut down piracy sites and services, for example, while stakeholders lobby for stricter legislation and harsher enforcement.

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Cinema Reporting Copying Copyright 117

Christopher Roser

DECEMBER 26, 2023

This post of my series on Practical Problem Solving (PPS) looks at what to do after you have done the “Do” part of PDCA. Yes, that’s right, after implementing the solutions you are not done yet. You need to monitor the outcome to see whether it has actually achieved the target you set much earlier. Read more The post Toyota Practical Problem Solving (PPS)—Monitor and Share first appeared on AllAboutLean.com.

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IP and Legal Filings

DECEMBER 23, 2023

INTRODUCTION The retail industry in India is experiencing a revolution as a result of the changing lifestyles of the country’s population. The prevailing type of enterprises functioning within this sector are small-scale merchants that adhere to traditional business techniques. Recent years, nevertheless, have witnessed a shift towards contemporary retailing.

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The Illusion of More

DECEMBER 29, 2023

When I was planning to start The Illusion of More, I contemplated a category of posts under the heading We Don’t Need This. Although abandoned, I thought it might be an editorial framework for articles about innovations that really aren’t innovative, and the low-tech invention that originally inspired the idea was the kiddie-car/shopping-cart hybrid.

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Invention Copyright 99

Cogency Global

DECEMBER 28, 2023

What this is : From the Corporate Transparency Act to China’s accession to the Hague Apostille Convention, 2023 certainly never gave us a dull moment. We've conveniently rounded up our top 10 most popular articles (based on views) from the year for your perusal. What this means : You could argue that 2023 made 2022 look like 2021 , but then you’d have to go back and read our top 10 articles for each year.

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Blogging 98

Likelihood of Confusion

DECEMBER 23, 2023

Purim – the holiday that celebrates LIKELIHOOD OF CONFUSION! Speaking of which — click here for the PTO’s response to the application for a writ of mandamus to the Federal. The post Happy Purim! appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

DECEMBER 27, 2023

Over the past year, we have seen the various agencies and branches of government issue a slew of rules, guidance, and directives over the use (and misuse) of Artificial Intelligence (AI). In May, the EEOC issued guidance on the use of automated systems in employment decisions. November 2023 brought the White House’s AI Executive Order, directing federal agencies to develop further guidelines around areas of privacy, national security, consumer protection, cybersecurity, and intellectual.

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The Illusion of More

DECEMBER 26, 2023

And the fairy that is called Tinkerbell said, come and see. And I saw, and behold, a Mouse with large black ears. And the name that said on him was Mirth. And Joy followed with him. And to those who may feel anxious about the coming year, I say unto thee, fear not. Whatever your […] The post The Age of the Mouse is Nigh! appeared first on The Illusion of More.

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Public Domain Copyright 84

IP Close Up

DECEMBER 27, 2023

In a rare joint statement, intelligence leaders from the Five Eyes countries accused China of intellectual property theft and using artificial intelligence for hacking and Continue reading

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Intellectual Property Technology Litigation IP 80

The IPKat

DECEMBER 29, 2023

This is Trial E, one of the six related trials between Optis and Apple. Trials A – D are technical trials about the validity and/or essentiality of certain patents (the Judge in Trial E observed that the sample in these technical trials was too small to allow him to draw any conclusion as to the quality of Optis’ Portfolio; also, that the decisions of very experienced first instance judges varied on appeal, showing that the outcomes of questions of essentiality and validity are nuanced and extre

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JD Supra Law

DECEMBER 27, 2023

On November 20, 2023, the Northern District of California denied summary judgment for the defendant in SEC v. Panuwat, an enforcement action being brought under a novel theory of insider trading law that is being referred to as shadow trading. Classically, insider trading occurs when a corporate insider commits securities fraud by trading in the securities of their own company on the basis of material nonpublic information (MNPI).

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Law 78

Patently-O

DECEMBER 28, 2023

by Dennis Crouch I’m excited to head out to Snowmass in early January for the IP-SKI conference! Although we have the Ozarks here in mid-Missouri, there is nothing like the Rocky Mountains. This year I’ll also have the opportunity once again to connect with other intellectual property lawyers and talk shop while enjoying some long runs. ( LINK ) In the meantime, I came across an interesting lawsuit that Aspen Skiing Company (ASC) recently filed against ski apparel company Perfect Mo

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IP Watchdog

DECEMBER 28, 2023

On December 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in K-fee System GmbH v. Nespresso USA, Inc., reversing a claim construction ruling and summary judgment of noninfringement issued by the Central District of California. In construing the claim term “barcode” de novo, the Federal Circuit found that the district court erred in finding that its definition expressly excluded “bit codes” in light of the patent owner’s representations during Europea

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Patent Patent Infringement Litigation Intellectual Property 69

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more.

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