2024

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The Weaponization of Plagiarism 

Plagiarism Today

Plagiarism has long been a powerful weapon in politics, however, now the weaponization of plagiarism is expanding and targeting new people. The post The Weaponization of Plagiarism appeared first on Plagiarism Today.

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Japan’s Text and Data Mining (TDM) Copyright Exception for AI Training: A Needed and Welcome Clarification from the Responsible Agency

Hugh Stephens Blog

Image: iStock Japan has always been known for its strong creative sector and rich cultural output, from animé to manga to literature, music and film, and for its respect for intellectual property (IP) and the rights of creators.

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Intersection of Copyright and Moral Rights: Protecting Creators’ Integrity

Intepat

In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators. This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age.

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Trademark Tips for Journalists

Erik K Pelton

Erik shares important tips for journalists to help them accurately report on trademark matters in this episode. The post Trademark Tips for Journalists appeared first on Erik M Pelton & Associates, PLLC. Erik shares important tips for journalists to help them accurately report on trademark matters in this episode.

Trademark 261
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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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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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€3bn Pirate IPTV Network Serving 22m Users “Dismantled” in Massive Operation

TorrentFreak

Law enforcement operations targeting pirate sites and services are often enthusiastically described as ‘large-scale’ or ‘major’ If reports emerging from authorities in Italy hold true, describing the international operation that culminated early this morning as massive, wouldn’t be an exaggeration. Operation Takendown is said to have targeted what may be the largest pirate IPTV network serving Europe, authorities say, and the numbers involved are some of the largest

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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 120
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Northwestern University Sues Moderna Over Spikevax Vaccine

IP Watchdog

Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel

Inventor 144
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Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh

SpicyIP

The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here , here , here , here , here , here , here , here and here ).

Editing 128
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The morality (and patentability) of inventions derived by immoral means (T 2510/18)

The IPKat

Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections related not to the direct exploitation of the invention itself, but to the alleged dishonesty and breach of trust associated with how the invention was de

Invention 111
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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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Authors Beware of This Scam Macmillian Website

Plagiarism Today

Authors are constantly being targeted by fake publisher scams. Here we break down one such site and explain what to look for. The post Authors Beware of This Scam Macmillian Website appeared first on Plagiarism Today.

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AI-Scraping Copyright Litigation Comes to Canada (CANLII v Caseway AI)

Hugh Stephens Blog

Image: Shutterstock (with AI assist) It was inevitable.

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The Substance of OpenAI’s Patent Pledge?

Patently-O

by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.

Patent 122
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Changes to USPTO Trademark Fees: What You Need to Know

Erik K Pelton

The USPTO has finalized its rulemaking on trademark fees, and big changes are coming. On January 18, 2025, the new fee structure will take effect, bringing not only updated costs but also significant procedural changes and a completely revamped application process. Here’s what you need to know to prepare. Note: I will be teaching a CLE on December 11, 2024 (with recording available) featuring much more details regarding these changes, including practice tips, and information about the new

Trademark 130
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Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

INTRODUCTION Trade dress protection is an important aspect of intellectual property, whereby the special visual aspect of products or packaging will identify the origin of products to consumers. The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces.

Brands 98
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Men Arrested For Transcribing Godzilla Minus One, Posting Details to a Website

TorrentFreak

The belief that somehow everything is free on the internet was widespread in the late 1990s. Sites were overwhelmingly free and if MP3 files were spotted by an alert surfer, it was almost considered rude not to download them, bandwidth permitting. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.

Fair Use 131
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The 5 Worst Copyright Decisions of 2024

Copyright Lately

Many rulings missed the mark, but these five went the extra mile to secure their spots as the year’s worst copyright disasters. Hello and welcome to Copyright Latelys fifth annual countdown of the years biggest copyright misfires from coast to coast. When I first launched this tradition in 2020, during the height of the pandemic, best of lists felt a little out of touch.

Copyright 116
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Netflix gearing up to stop streaming copyright piracy in upcoming Tyson vs. Jake Paul fight

JD Supra Law

Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on the planet, versus the YouTube sensation-turned-boxer Jake Paul. While the fighters train and talk trash, a different kind of high-stakes battle is taking place behind the scenes.

Copyright 120
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Jack Daniel’s Continues, with Trademark Dilution as the New Battleground

IP Watchdog

By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.

Trademark 124
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SpicyIP Weekly Review (October 21-October 27)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the JioHotstar domain name dispute and DHC’s order on the Complan disparagement dispute. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week <JioHotstar.com>: A Clever Narrative for Cybersquatting The JioHotstar domain name dispute between Reliance and ‘A Dreamer’ is the latest talk of the to

Trademark 103
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[GuestPost] How the European Patent Office uses AI to facilitate patent searches

The IPKat

The AmeriKat has the t-shirt.now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. Over to Kate for the report: "The European Patent Office (EPO) has embraced artificial intelligence (AI) to enhance the efficiency of its patent document searching process.

Patent 116
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Skiplagged, American Airlines and a Bizarre Copyright Verdict

Plagiarism Today

A battle over the practice of skiplagging has created a bizarre copyright verdict that could impact the use of logos online. The post Skiplagged, American Airlines and a Bizarre Copyright Verdict appeared first on Plagiarism Today.

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Singapore Inhibits Rightsholders Ability to Use Contracts to Prevent Unlicensed Text and Data Mining of Content

Hugh Stephens Blog

Image: Shutterstock (AI modified) Singapore already has one of the most permissive text and data mining (TDM) exceptions in copyright law found anywhere, allowing AI developers to ingest copyrighted content for AI training purposes subject only to a very few limitations, all of which are pretty minimal.

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USPTO Patent Grant Rate and Growing Backlog

Patently-O

by Dennis Crouch The USPTO utility patent grant rate data reveals an interesting narrative of policy shifts and administrative changes over the past fifteen years. The graph shows a clear upward trajectory from a notable low point around December 2009, when the grant rate bottomed out near 50%, to recent levels hovering around 75-80%. This dramatic shift beginning in 2010 coincided with Director David Kappos taking the helm at the USPTO, marking a decisive break from the more restrictive patent

Patent 115
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Why trademarks matter for food trucks

Erik K Pelton

Food trucks have a heightened need to proper trademark protection: The industry is booming and growing rapidly, with lots of new brand names being developed every month. There have been many instances where food truck operators have used names too similar to those of existing restaurants or other food trucks/carts. Food trucks are generally very local businesses.

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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Technology & Marketing Law Blog

Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot

Copyright 102
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Shueisha Hunts Manga Pirates But Needs Google, PayPal & VISA to Assist

TorrentFreak

Identifying the anonymous operators of pirate sites and then locating them, wherever they are in the world, is rarely a straightforward matter. Even when that is achieved, filing copyright lawsuits and then winning those cases could take years rather than months to complete. Japan-based publishing giant Shueisha often utilizes courts in the United States to obtain information on mostly anonymous pirate site operators.

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Infographic | How is International Cooperation Crucial to Combat Online Piracy?

Olartemoure Blog

This initiative underscores the vital importance of collaboration between multiple agencies and countries. Since its inception, Operation 404 has become a success story in the global fight against online piracy. Previous phases have led to the blocking of thousands of illegal websites and apps, the execution of numerous search warrants, and the seizure of equipment used for cybercrimes.

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Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

JD Supra Law

What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more popular, celebrity athletes and musicians have taken notice and jumped into the game. This is true for both forms of cannabis, including marijuana and hemp.

Brands 126
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Debunked: USPTO Findings Should End False Pharma Patent Narratives

IP Watchdog

One of the more interesting public policy reads of 2024 comes from the U.S. Patent and Trademark Office (USPTO), whose “Drug Patent and Exclusivity Study” effectively debunks the false narratives and bogus statistics that have been levied against pharmaceutical patents with significant effect in recent years. The inescapable takeaway from the USPTO study is that activists have manipulated data to inflate the effects of patents and other exclusive rights on competition.

Patent 119
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SpicyIP Weekly Review (October 14-October 20)

SpicyIP

Here is our recap of last week’s top IP developments including summaries of the posts on the DHC’s decision regarding consumer confusion in “Hush Products”, US antitrust case against numerous publishing houses, strategy to register trademarks in grayscale, and DHC’s decision on claim amendments. This and a lot more in this week’s SpicyIP Weekly Review.

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Canadian Media Companies Target OpenAI in Copyright Lawsuit But Weak Claims Suggest Settlement the Real Goal

Michael Geist

Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. The lawsuit is the first high profile Canadian claim lodged against the enormously popular AI service, though there have been similar suits filed elsewhere, notably including a New York Times lawsuit launched last year.

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My Favorite Euphemisms for Plagiarism

Plagiarism Today

When retracting an article for plagiarism, many journals will bend over backwards to avoid saying the p-word. Here's some great examples. The post My Favorite Euphemisms for Plagiarism appeared first on Plagiarism Today.

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If AI Tramples Copyright During its Training and Development, Should AI’s Output Benefit from Copyright Protection? Part One: Stephen Thaler

Hugh Stephens Blog

” A Recent Entrance to Paradise”, Stephen Thaler (not protected by copyright) One of the ongoing debates about works made with generative AI is whether they qualify for copyright protection. Should they? Let’s consider the essence of copyright. What is its raison d’être? According to the classical European definition, it is to respect the property … Continue reading "If AI Tramples Copyright During its Training and Development, Should AI’s Output Benefit from Copyright Pr

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SPEX v. Western Digital: $316 Million Verdict for Means Plus Function Claim

Patently-O

A Central District of California jury has awarded SPEX Technologies nearly $316 million in damages against Western Digital for infringement of a patent related to hardware encryption technology. The verdict, handed down on October 18, 2024, comes after an eight-year legal battle and raises interesting questions about infringement of means-plus-function claims and the calculation of reasonable royalty damages.