Plagiarism Today
DECEMBER 12, 2024
You can't copyright a baby, but as one company proves, you can copyright a very specific rendition of a baby, if the copy is close enough. The post Copyright and Realistic Baby Dolls appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 3, 2024
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
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TorrentFreak
DECEMBER 4, 2024
With the arms race between pirate sites and rightsholders showing no obvious signs of cooling down, the online piracy landscape is becoming increasingly complex. The existing toolbox of legal measures, such as action against domain names, site-blocking, search engine penalties, even whole-site deindexing, has led to the emergence of a new breed of shape-shifting, measure-evading, pirate sites.
Hugh Stephens Blog
DECEMBER 13, 2024
Image: Pixabay Last month I highlighted the first AI/Copyright case in Canada to reach the courts, CanLII v CasewayAI.
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?
The IPKat
DECEMBER 8, 2024
IPKat-approved vertical direct effect As students of EU law know, a key principle which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos is that of direct effect of EU law. Insofar as EU directives are concerned, they do not produce any horizontal direct effect. This means that they cannot be relied upon in private-party proceedings and do not impose obligations on individuals.
JD Supra Law
DECEMBER 17, 2024
The sun is officially setting on the United States Patent and Trademark Offices (USPTO) After Final Consideration Pilot Program 2.0 (AFCP 2.0)[1]. This program, which has been instrumental in facilitating patent prosecution efficiency, will officially conclude on Saturday, December 14, 2024.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
DECEMBER 3, 2024
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.
TorrentFreak
DECEMBER 12, 2024
In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS. The order compelled the tech giants to prevent users from accessing unauthorized streams of Champions League and Premier League matches. Applicant Canal+ argued that the alternative DNS resolvers allowed people to bypass the “regular” blocking measures implemented by internet providers.
Hugh Stephens Blog
DECEMBER 1, 2024
Image: Shutterstock (AI assist) First, I heard it on the radio. The word “copyright” caught my attention because that’s a word seldom heard on the morning news. Then the news stories started to appear, first on Canadian Press, which was “largely” accurate, then on the CBC, Globe and Mail, even the New York Times.
Copyright Alliance
DECEMBER 12, 2024
There are now well over thirty lawsuits that have been filed by copyright owners in U.S. federal court against AI companies, accusing them of direct copyright infringement for using copyrighted […] The post Insights From Court Orders in AI Copyright Infringement Cases appeared first on Copyright Alliance.
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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.
IP Watchdog
DECEMBER 1, 2024
On November 25, economist Will Page, formerly Chief Economist of streaming music company Spotify, published a report on the global value of music copyright, finding that worldwide music copyright revenues had increased 11% to reach $45.5 billion USD during 2023. Purporting to fill gaps in reporting from other global music copyright surveys, Page’s recent report indicates that the total value of music copyright holdings, including mechanical reproduction and live performance rights, has quickly s
Plagiarism Today
DECEMBER 9, 2024
The Copyright Claims Board has awarded a poet $5,000 in damages after her poem was used on infringing blankets. The post Poet Wins $5,000 in Case Over Infringing Blankets appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 10, 2024
Note that this field may be subject to changes and developments more than others when it comes to trademark registration strategies. Contact a lawyer to discuss your needs. Businesses and brands in the field of cannabis, cannabidiol (CBD), and hemp need to be aware of special considerations when it comes to brand protection. The overlapping state and Federal issues regarding the regulation and legality of these products provide unique challenges and strategies related to trademark protection.
TorrentFreak
DECEMBER 2, 2024
Pirates who are into Asian drama and anime were hit hard over the past week. On Wednesday, Dramacool announced that it would shut down its Asianc, Watchasia, Dramanice and Runasian websites, facing pressure from copyright holders. These sites catered to millions of users, as is exemplified by the shutdown message on X, which has been viewed more than five million times already.
IP and Legal Filings
DECEMBER 3, 2024
INTRODUCTION Earlier, businesses seek operations that go beyond borders in an increasingly globalized economy. New opportunities seemingly point to greater growth, but with it comes diffiernt challenges: how to protect such intellectual properties, especially trademarks. To secure a trademark in different legal jurisdictions is a time-, cost-, and process-draining exercise.
The Trichordist
DECEMBER 4, 2024
Phonorecords III is the gift that keeps on giving. Amazon is breaking long-standing industry practice and demanding that publishers cut Amazon.a check for supposed "overpayments" in the Phonorecords III royalty "true down".
IP Watchdog
DECEMBER 3, 2024
The U.S. Patent and Trademark Office (USPTO) today officially withdrew its controversial proposed rule on terminal disclaimer practice. The withdrawal was expected, with panelists at IPWatchdog’s Life Sciences Masters Program in October predicting based on USPTO Director Kathi Vidal’s comments at the American Intellectual Property Law Association (AIPLA) Annual Meeting that the rule was unlikely to be finalized before her departure from the Office.
Plagiarism Today
DECEMBER 5, 2024
The Internet Archive case ends with a whimper, NetEase may sue competitor over trailer and Apple stealth piracy apps lead to three arrests. The post 3 Count: A Humble Ending appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 18, 2024
Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own. The post 25 Top Tips from 25 Years appeared first on Erik M Pelton & Associates, PLLC. Our top 25 (not just trademark) tips distilled from 25 years of building bold brandsincluding our own.
TorrentFreak
DECEMBER 5, 2024
Apple’s position on obviously infringing movie and TV show streaming apps is that they’re not allowed on the App Store, period. Hoping to reach a massive but restricted audience, so-called ‘stealth piracy’ apps employ trickery to circumvent Apple’s vetting process. Over the past couple of years, stealth apps have made the headlines on a number of occasions and even attracted the attention of an Expert Group at the EU Intellectual Property Office Observatory.
43(B)log
DECEMBER 11, 2024
US Ghost Adventures, LLC v. Miss Lizzies Coffee LLC, No. 23-2000 (1 st Cir. Nov. 15, 2024) The Lizzie Borden House bears a storied history that originates with the still-unsolved murders in 1892 of Lizzie Bordens father and stepmother. Ghost Adventures provides ghost tours and related hospitality services across the United States. It owns a bed and breakfast operated out of the Lizzie Borden House featuring a museum, ghost tours, and kindred activities. bed & breakfast sign Its success dep
IP Law 360
DECEMBER 5, 2024
A federal jury has awarded Massachusetts-based Insulet Corp. $452 million after concluding that a South Korean company stole its trade secrets for a wearable insulin patch pump, making it one of the largest trade secrets verdicts of the decade.
IP Watchdog
DECEMBER 9, 2024
On December 5, the U.S. Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. While the GAO was unable to quantify the extent to which third parties are financing and taking an interest in infringement suits due to limited data on the subject, interviews with a range of industry stakeholders reflected mixed views on the impacts of disclosure requirements that could identify conflicts of i
Plagiarism Today
DECEMBER 2, 2024
Figure skating, gymnastics, artistic swimming, cheerleading and other choreography sports are facing a new challenge: Copyright The post Why Figure Skating, Gymnastics Face Unique Copyright Issues appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 11, 2024
New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode. The post Trademarks for Beginners appeared first on Erik M Pelton & Associates, PLLC. New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode.
TorrentFreak
DECEMBER 9, 2024
The DMCA takedown procedure may not be perfect but, for those intending to use it, there’s an unambiguous step-by-step process that’s been in place for a quarter of a century. Needless to say, entities that deviate from the established rules can make life difficult for themselves as well as the intended recipients of takedown notices. That includes entities that attempt to use DMCA takedown notices to enforce trademark disputes, or prefer to avoid the DMCA altogether by portraying co
Likelihood of Confusion
DECEMBER 2, 2024
Originally posted 2020-08-27 12:30:53. Republished by Blog Post Promoter Student note idea, free to a good home: Why did Congress pass this? Is there any reason Congress has the power to do this? What about changes to the law of personal jurisdiction since this was passed? I have so many questions. [link] — Sarah Burstein […] The post The IP space appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
DECEMBER 4, 2024
U.S. Circuit Judge Todd Hughes called the Federal Circuit's case law on interpreting preambles in patent claims "nonsense" on Wednesday, expressing frustration as a panel tried to work through whether Xencor Inc.'s antibody patent application was too broad.
IP Watchdog
DECEMBER 17, 2024
This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. As of December 9, the UPC has issued over 20 decisions on the merits, primarily involving infringement actions, and numerous decisions relating to provisional measures. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases).
Plagiarism Today
DECEMBER 12, 2024
Musi claims Apple unlawfully removed it from the App Store, Quad9 fights French site blocking and Indian YouTuber ordered to remove videos. The post 3 Count: Quad9 Fight appeared first on Plagiarism Today.
Erik K Pelton
DECEMBER 3, 2024
Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode. The post 25 Office Action Response Tips appeared first on Erik M Pelton & Associates, PLLC. Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode.
TorrentFreak
DECEMBER 9, 2024
Cloudflare, a global internet infrastructure company, offers various services to millions of users, including connectivity and privacy tools. While primarily a conduit for internet traffic, Cloudflare occasionally hosts content permanently on its servers. The company’s approach to copyright complaints differs based on the role it plays. If Cloudflare merely passes traffic along (for a website using their CDN), they forward DMCA takedown notices to the actual hosting provider, which is ofte
JD Supra Law
DECEMBER 19, 2024
A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her vibe, specifically her clean girl aesthetic characterized by neutral, beige, and cream color schemes, minimalist styling, and specific poses and outfits.
IP Law 360
DECEMBER 2, 2024
The producer of the Miss America pageant and its related entities have filed a $500 million racketeering suit in Florida accusing developer Glenn Straub of fraudulently pushing the organization into bankruptcy in an effort to take over its assets.
IP Watchdog
DECEMBER 4, 2024
The United States Patent and Trademark Office’s (USPTO’s) After Final Consideration Pilot 2.0 (AFCP 2.0) has been a staple of after-final practice for patent prosecutors since its inception in 2013, offering applicants the opportunity to enter a broader range of amendments following a final rejection than permitted under traditional after-final practice.
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