Plagiarism Today
JULY 1, 2024
News nonprofit sues OpeAI, Internet Archive takes fight to Second Circuit and film producer faces liability over counterfeit DVDs. The post 3 Count: Counterfeit DVDs appeared first on Plagiarism Today.
Erik K Pelton
JULY 1, 2024
The quick and short answer to “How can I protect a book title?” is that you can’t. But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. An author can register the same phrase or words for other products or services that they may provide.
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The IPKat
JUNE 30, 2024
There is no doubt that photographs can be protected by copyright [ IPKat here , here and here ]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights.
TorrentFreak
JULY 1, 2024
Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company won several lawsuits in recent history, shutting down websites that distributed pirated ROMs. Most notable, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.
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?
Plagiarism Today
JULY 2, 2024
Plagiarism comes to the Big Apple as lawyer-turned-detective Elsbeth solves a case with two separate plagiarism plot lines. The post Plagiarism in Pop Culture: Elsbeth appeared first on Plagiarism Today.
Erik K Pelton
JULY 2, 2024
The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. They are the sum parts of a company and the customer’s relationship with its products or services. When consumers form a relationship to a brand, the relationship focuses not just on the product or service, but also on quality reliability, the consumer’s perception of what the business represents and
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JUNE 29, 2024
In 2023, broadcaster Canal+ went to court in France with the goal of obtaining an order requiring local ISPs to block over 100 pirate sports streaming sites. The French court complied with the request; ISPs including Orange, SFR, OutreMer Télécom, Free, and Bouygues Télécom, were ordered to implement technical measures to prevent access to Footybite.co, Streamcheck.link, SportBay.sx, TVFutbol.info, and Catchystream.com, among dozens of others.
JD Supra Law
JULY 1, 2024
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
Michael Geist
JUNE 29, 2024
The government’s choice for chief of the Canadian Human Rights Commission has been mired in controversy this week given his failure to disclose a record of posts and appearances that call into question the ability for Jewish or Zionist Canadians to get a fair, impartial hearing at the Commission. Birju Dattani, who formerly was known as Mujahid Dattani, is now the subject of an independent investigation by the Ministry of Justice as the calls for his resignation or replacement from stakeholder g
IP and Legal Filings
JUNE 29, 2024
INTRODUCTION The Delhi High Court’s recent interim order in the case of Jaikishan Kakubhai Saraf aka Jackie Shroff v. The Peppy Store & Ors., took an interesting take concerning the personality vis-à-vis publicity rights of individuals. The plaintiff sought protection for several aspects of his identity, like his name, voice, photograph, image, likeness, distinctive dialogue delivery style, gestures, and mannerisms.
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TorrentFreak
JUNE 30, 2024
Founded in 2012, MagnetDL has amassed a substantial user base by offering a clear and easy-to-use torrent search portal. As its name suggests, the site relies on magnet links instead of regular torrent files, and the site is particularly popular in the United States. Over the past few days, however, regular users have trouble reaching the site. Instead of the usual search box, they now see a Cloudflare error message, suggesting that MagnetDL’s server is unreachable.
JD Supra Law
JULY 1, 2024
On February 28, 2024, following the European Commission's four 2023 proposals, the European Parliament adopted a legislative resolution on the amended proposal to create a Unitary Supplementary Protection Certificate ("USPC") and recast the existing Supplementary Protection Certificate ("SPC") regulations for medicinal products.
Technology & Marketing Law Blog
JULY 1, 2024
A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess. They packed dozens of undertheorized policy ideas into poorly drafted omnibus bills that never represented a serious attempt at policy-making.
IP Watchdog
JULY 1, 2024
The U.S. Chamber of Commerce today responded to a recent U.S. Patent and Trademark Office (USPTO) report that the Chamber says proves much of the data that is often cited as proof of life sciences companies abusing the patent system is “more fiction than truth.” According to the USPTO, the report, published on June 12, shows that “simply quantifying raw numbers of patents and exclusivities is an imprecise way to measure the intellectual property landscape of a drug product because not every pate
TorrentFreak
JULY 1, 2024
Next month will mark the 13th anniversary of the first site blocking injunction in the UK. Action by the major Hollywood studios against Usenet indexing site Newzbin led to ISP BT being ordered to block the service. That was just the beginning and in most cases today, major UK ISPs including BT, Virgin Media, and Sky, are supportive of site blocking requests and happily carry them out, despite increasing complexity.
JD Supra Law
JULY 1, 2024
On June 26, 2024, the Quebec government amended its regulation relating to the application of Quebec’s language legislation in the context of commerce and business. The adoption of this Regulation to amend mainly the Regulation respecting the language of commerce and business (Amended Business Regulation) follows the publication of draft regulation in January 2024 and a consultation period.
43(B)log
JULY 1, 2024
LTL Mgmt. LLC v. Moline, 2024 WL 3219683, No. 23-02990 (GC) (JTQ) (D.N.J. Jun. 28, 2024) Not currently in bankruptcy, LTL—J&J’s solution to its talc woes—decided to sue a critic for her scientific conclusions about talc risks. The court dismisses J&J’s Lanham Act, trade libel, and common-law fraud claims. In 2020, Dr. Moline and several co-authors published an article in the widely read Journal of Occupational and Environmental Medicine.
The IPKat
JULY 1, 2024
If you spent the last week of June enjoying the warmer weather rather than reading the IP news (for this Kat's part, she's been soaking up the Italian sunshine before the ATRIP Conference), here's the summary of what you missed. Trade Marks A Kat taking a break in the Tuscan shade. Photo by Jocelyn Bosse. This Kat reflected on the legal strategy of the brand owners who have suspended their operations in Russia after the invasion of Ukraine, but are seeking to maintain their Russian trade mark ri
IP Watchdog
JULY 1, 2024
Ordinarily, patent practitioners do not need to really think about prosecution laches, but laches has become a rather hot topic as the United States Patent and Trademark Office (USPTO) and courts have initiated what can only be characterized as an assault on an applicant’s statutory right to seek and file additional claims if those claims are supported by the initial disclosure.
JD Supra Law
JULY 1, 2024
Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without forfeiting its priority status. This article explores the significance of tacking as a vital strategy that allows businesses…Trademark law continues to be the cornerstone of brand identity.
IP Law 360
JULY 1, 2024
Yet another front has opened in Apple's ongoing legal war with a small medical software company that claims the tech giant used its patents in a blood oxygen sensor found in the newer version of the Apple Watch.
The IPKat
JULY 1, 2024
One or two referrals? We now have confirmation of the referral to the Enlarged Board of Appeal (EBA) on how and if the description should be used to interpret the claims of a patent (G 1/24). The following questions have been referred to the EBA in T 0439/22 : 1. Is Article 69(1), second sentence EPC and Article 1 of the Protocol on the Interpretation of Article 69 EPC to be applied on the interpretation of patent claims when assessing the patentability of an invention under Articles 52 to 57 EP
SpicyIP
JULY 1, 2024
In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques. Aarav is a fourth-year law student at National Law University, Delhi.
JD Supra Law
JULY 1, 2024
On June 26, 2024, the Province of Québec released the long-awaited final amendments to the Regulation respecting the language of commerce and business (Regulation), which amend multiple French-language requirements, including trademark use provisions set out in the Charter of The French Language (The Charter) and its corresponding Regulation. The amendments to the Regulation attempt to clarify many uncertainties following the announcement and passage of Bill 96 on June 1, 2022, which introduced.
43(B)log
JULY 2, 2024
I understand if you don’t think that the First Amendment is an area where SCOTUS is really doing “law” as we were taught it, but as a distraction for myself I have been thinking about (1) the idea that facial challenges are strongly disfavored and (2) the idea that content-based speech restrictions are presumptively unconstitutional. (2) might well be on its way out anyway, and I think (1) will speed its demise, or at least make (2) (hereinafter Reed ) something of a dead letter.
TorrentFreak
JULY 2, 2024
With more than half a billion site visits in just three months, pirate streaming site FMovies is seen as a major threat by Hollywood. The pirate site rivals legal streaming platforms such as Disney+ in web traffic and has become the poster child for rejuvenated site blocking proposals in the U.S. Congress. Pressure Mounts To illustrate the brazenness of the site, lawmakers in Congress got a demo of the site from MPA’s Senior Executive Vice President, Karyn Temple, late last year.
SpicyIP
JUNE 29, 2024
[A big thanks to Swaraj for his inputs on the post.] The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. Notably, in The Hindu, Jacob Koshy published back-to-back articles, with the first one appearing on June 22, 2024 (read here (paywalled)).
JD Supra Law
JULY 1, 2024
Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de mai 2024. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.
IP Law 360
JULY 1, 2024
Kilpatrick has elevated a longtime trademark partner based in Atlanta to lead its global intellectual property department, making her the first woman to lead the IP department.
IP and Legal Filings
JULY 1, 2024
INTRODUCTION Genetic resources (GRs) are defined in the Convention on Biological Diversity (CBD) 1992 as genetic material of a plant, animal, microbial or other origin containing functional units of heredity that has actual or potential value. Genes cannot be directly protected as intellectual property, but innovations made with them can be protected usually with the help of a patent.
Likelihood of Confusion
JULY 1, 2024
Originally posted 2012-10-29 11:41:35. Republished by Blog Post PromoterActually responding to my post on the topic, Fools’ Blog: After Death E-Privacy [Link is now dead, sorry! — RDC]: With regard to the Marine’s privacy, does it apply now that he has passed? Many courts have held that privilege (legal, medical, confessional) does not survive death.
JD Supra Law
JULY 1, 2024
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for nearly two decades. Now the dispute is going to the United States Supreme Court, which has agreed to hear Dewberry Group’s challenge to a $43 million profit disgorgement award a federal district court in Virginia entered in favor of Dewberry Engineers.
IP Law 360
JULY 1, 2024
The Ninth Circuit on Monday affirmed a trial loss by the user of the "SmartBiz" trademark against Collins Cash, the user of the "Smart Business Funding" mark, citing the circuit's own ruling that sided with Led Zeppelin in a copyright dispute to find the lower court did not abuse its discretion when it declined to give the plaintiff's requested jury instruction.
The TTABlog
JULY 1, 2024
The Board upended the USPTO's refusal to register the mark KORN FERRY ARCHITECT absent a disclaimer of the word ARCHITECT, for, inter alia , "executive search, recruitment and placement services; business consultation services in the field of human resources management and development" and for "providing temporary use of online non-downloadable software in the field of human resources.
IP Close Up
JULY 2, 2024
Taylor Swift has presented herself as an advocate of fellow recording artists, even going so far as to include shares of Spotify for them in Continue reading
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