Erik K Pelton

MARCH 25, 2025

The following is an edited transcript of my video 25 Key Trademark Terms. Here are twenty-five terms that are critical to know about in the world of trademark and trademark protection and registration. Generic Arbitrary Coined Descriptive Suggestive Office action Principal register Supplemental register USPTO Function Madrid Protocol International filing World Intellectual Property Organization (WIPO) Class or classification Identification of goods and services Acquired distinctiveness Ornamenta

Trademark 130

Trademark Intellectual Property Editing Registration 130

Plagiarism Today

MARCH 24, 2025

The Bernie Mac Show was based heavily on the legendary comedian's life. So it's no surprise that it tackled joke theft with grace and nuance. The post Plagiarism in Pop Culture: The Bernie Mac Show appeared first on Plagiarism Today.

Plagiarism 147

Plagiarism Copyright 147

IP Watchdog

MARCH 18, 2025

IPWatchdog has learned that Commerce Secretary Howard Lutnick has decided to end all current appointments to both the Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC), effective immediately. Secretary Lutnick is expected to appoint new members to both public advisory committees (PAC) and move forward with public meetings for both committees in May 2025, as originally scheduled.

Trademark 111

Trademark Patent Government IP 111

Likelihood of Confusion

MARCH 25, 2025

Originally posted 2013-08-15 15:06:08. Republished by Blog Post PromoterI’m back. The blog was offline for the better part of this week because of technical problems — the accumulated effects of database stuff, scars from old hacks and, it seems, wounds from new ones — and, of course, the evil wishes of my many and diverse […] The post Oy, my aching blog appeared first on LIKELIHOOD OF CONFUSION.

Blogging 88

Blogging 88

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

The Illusion of More

MARCH 19, 2025

In a decision that is unsurprising but important, the DC Circuit Court of Appeals affirmed that authors, as defined in U.S. Copyright Act, are human beings and not machines that can autonomously generate works. I say unsurprising because nothing in history or statute should have led the court to any other conclusion, and indeed the […] The post DC Circuit Affirms Human Authorship Required for Copyright appeared first on The Illusion of More.

Copyright 84

Copyright 84

Plagiarism Today

MARCH 20, 2025

Fans are claiming that artwork from the game Marvel Snap plagiarized fan creations. How serious are the allegations and do they matter? The post Marvel Snap Accused of Plagiarizing Fan Art appeared first on Plagiarism Today.

Plagiarism 262

Plagiarism Art Artwork Copyright 262

IP Watchdog

MARCH 24, 2025

Last Tuesday, the U.S. Court of Appeals for the D.C. Circuit issued an opinion in Thaler v. Perlmutter affirming the denial of a copyright application filed by artificial intelligence (AI) developer Dr. Stephen Thaler to an image created by one of Thalers generative AI systems. Although the appellate court did not categorically reject registrability of all AI-generated works, the D.C.

Registration 84

Registration Copyright Inventor Technology 84

JD Supra Law

MARCH 21, 2025

Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? Is the appropriate time period at the time of registration or subsequent to the date of registration?

Registration 73

Registration Trademark Business Patent 73

Likelihood of Confusion

MARCH 19, 2025

Originally posted 2019-03-19 15:16:38. Republished by Blog Post PromoterVia the Diva of Design Law, Sarah Burstein: This is a good example of how trade dress provides broader protection than design patents. Looks like they didn’t even bother asserting their design patent here (though they’ve had no compunction about doing it elsewhere, see [link] [link] […] The post Why trade dress beats design patents appeared first on LIKELIHOOD OF CONFUSION.

Design Patent 88

Design Patent Designs Design Patent 88

Plagiarism Today

MARCH 18, 2025

Users report that Google's new AI model, Gemini 2.0 Flash, is exceptionally good at removing watermarks. Here's why it isn't a major shift. The post Why AI Watermark Removal is Not a Game Changer appeared first on Plagiarism Today.

Plagiarism 200

Plagiarism Reporting Art Copyright 200

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

SpicyIP

MARCH 24, 2025

[ This post is authored by Khushi Jain and Vishno Sudheendra. Khushi is a third-year B.A., LL.B (Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Vishno is a third-year B.A., LL.B (Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] In a recent judgment on February 25, 2025, the Delhi High Court (DHC) in Lifestyle Equities CV & Anr. v.

Branding 66

Branding Branding Brands Trademark 66

IP Watchdog

MARCH 18, 2025

In the European IP system, and thus also in the European patent system, the concept of injunction is central. This also applies to the Unified Patent Court (UPC); here, there are even two ways to obtain an injunction, one with a normal regular action on the merits and one by means of a preliminary injunction. Through the end of February 2025, 56 applications for preliminary injunctions were filed with the UPC compared to 270 actions on the merits.

IP 82

IP Patent Patent Infringement Litigation 82

JD Supra Law

MARCH 25, 2025

Artificial intelligence (AI) is transforming the medical technology (medtech) and healthcare industries through the integration of advanced AI agents. Unlike traditional AI systems that perform discrete, predefined tasks, AI agents are semi-autonomous software systems capable of independently making decisions traditionally reserved for humans, performing complex sequences of tasks, and interacting dynamically with other systems with minimal human intervention.

Contracts 73

Contracts Technology 73

The IPKat

MARCH 19, 2025

The IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent UK Court of Appeal decision concerning patent amendments and the limits of post-grant claim scope adjustments. Heres what Adanna writes: The Court of Appeals decision in Ensygnia IP Ltd v Shell UK Oil Products Ltd & Ors [2024] EWCA Civ 1490 spelled bad news for Ensygnia, whose patent on QR code-based authentication and payment systems was ruled invalid on multiple grounds.

Patent 62

Patent Art IP Law 62

TorrentFreak

MARCH 24, 2025

In Denmark, law enforcement authorities and rightsholders have worked hard to shut down the thriving local torrent tracker scene over the past five years. These efforts targeted private torrent trackers including DanishBits, NordicBits, Superbits, Asgaard and ShareUniversity. More than two dozen uploaders and admins connected to these sites were convicted as a result.

Reporting 64

Reporting Copyright Infringement Copyright Copying 64

The TTABlog

MARCH 25, 2025

In an 83-page opinion, the Board dismissed this three-pronged opposition to registration of the mark PANERALUX for various goods in class 9 (e.g., database management software) and class 11 (including cooking ranges), ruling that Opposer Pumpernickel Associates, owner of the registered mark PANERA for restaurant services and food products, failed to prove its claims of likelihood of dilution (Section 43(c)), likelihood of confusion (Section 2(d)), and false suggestion of a connection (Section 2(

Registration 56

Registration Brands Branding Branding 56

Plagiarism Today

MARCH 25, 2025

Newly public documents from Michigan State University claim the school exonerated College of Education dean Jerlando Jackson, but not how. The post Michigan State University Dean ‘Exonerated’ of Plagiarism appeared first on Plagiarism Today.

Plagiarism 147

Plagiarism 147

JD Supra Law

MARCH 19, 2025

Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the Copyright Offices earlier registration decisions and guidance. The central question the Copyright Office poses regarding the protectability of AI outputs remains whether the AI tool was used merely as an assisting instrument or whether the traditional elements of authorship.

Copyright 65

Copyright Reporting Registration 65

The IPKat

MARCH 21, 2025

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that simply excluding a technical feature disclosed as essential or advantageous in the prior art cannot in itself establish inventive step in absence of evidence showing that a c

Invention 57

Invention Art Patent Patent Application 57

TorrentFreak

MARCH 25, 2025

Over the past two years, rightsholders of all kinds have filed lawsuits against companies that develop AI models. Most of these cases allege that AI developers used copyrighted works to train LLMs without first obtaining authorization. Meta is among a long list of companies now being sued for this allegedly-infringing activity, including a class action lawsuit filed by authors Richard Kadrey, Sarah Silverman, and Christopher Golden.

Fair Use 56

Fair Use Copyright Infringement Copying Copyright 56

IP and Legal Filings

MARCH 19, 2025

INTRODUCTION OF THE DISPUTE The ongoing dispute between the Raanjhanaa Star, Dhanush, and ‘Lady Superstar’ Nayanthara started when Dhanush filed a ten-crore lawsuit against the actress, her husband, Vignesh Shivan, and their production company, “Rowdy Pictures Private Limited” accusing them of using unauthorized 3-second BTS footage from the 2015 film Naanum Rowdy Dhaan in Nayanthara’s Documentary, “Nayanthara: Beyond the Fairytale” which was released on

Copyright Law 59

Copyright Law Copyright Law Fair Use 59

Plagiarism Today

MARCH 25, 2025

George Santos appeals Jimmy Kimmel case, two Danish men sentenced to prison over BitTorrent use and Filipino rapper sues politician. The post 3 Count: Changing Tactics appeared first on Plagiarism Today.

Plagiarism 147

Plagiarism Copyright 147

JD Supra Law

MARCH 25, 2025

On March 18, 2025, the D.C. Circuit Court of Appeals affirmed the D.C. District Courts and U.S. Copyright Offices decisions, holding that a copyrighted work cannot be authored exclusively by an AI system. Computer scientist Dr. Stephen Thaler claims to have created a generative-AI system dubbed Creativity Machine, which Thaler says created a picture that Dr.

Artwork 62

Artwork Copyright 62

IP Watchdog

MARCH 25, 2025

On Tuesday, March 18, the members of the United States Patent and Trademark Offices (USPTO) Patent Public Advisory Committee (PPAC)which fills a vital role in helping the agency foster innovation and entrepreneurshipreceived notice that the Secretary of Commerce had decided to end all current PPAC member appointments effective the same day. As the now-former members of PPAC, we want to share our thoughts about the important work and priorities upon which we were focused and pass the baton for in

Patent 59

Patent Trademark Government Intellectual Property 59

TorrentFreak

MARCH 24, 2025

Regardless of club, region or country, football fans across Europe have been warned for years about the potential for financial crisis. With rising prices for those who love the stadium experience, and a similar picture for those burdened with rising costs while juggling multiple subscriptions at home, awareness among fans is already typically high.

Advertising 60

Advertising Advertising Marketing Marketing 60

SpicyIP

MARCH 24, 2025

[ The Post has been authored by SpicyIP Intern Suhani Chhaperwal. Suhani is a third-year law student at NLSIU who loves to write on IP and tech issues. Her previous posts can be accessed here. ] After a plethora of orders over the last couple of years (see below) directing the Controller to pass reasoned orders, on February 24, we saw another drop in this bucket.

Patent 59

Patent Patent Application Invention Designs 59

Plagiarism Today

MARCH 24, 2025

Strike 3 Holdings wins three default judgments, Italian court orders Google to block pirate sites and GTA modder gets copyright strike. The post 3 Count: Poison Pill appeared first on Plagiarism Today.

Plagiarism 147

Plagiarism Copyright 147

JD Supra Law

MARCH 24, 2025

Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the defendants profits as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc. unanimously construed defendants profits in 35 USC 1117(a) to mean that only the named defendants profits can be awarded, not the profits of other related corporate entities.

Trademark 65

Trademark 65

Nelligan Law

MARCH 25, 2025

Reading Time: 3 minutes The world is mourning the loss of George Foremana titan of sport, an icon of resilience, and a man whose legacy reached far beyond the boxing ring. Born on January 10, 1949, in Marshall, Texas, Foremans path to greatness was anything but guaranteed. He grew up in Houstons Fifth Ward, a tough neighborhood that shaped his early life.

Business 52

Business Branding Branding Brands 52

TorrentFreak

MARCH 25, 2025

The Premier League, UK broadcaster Sky, plus global anti-piracy coalition Alliance for Creativity and Entertainment, are reporting the conclusion of a ‘landmark’ pirate IPTV case in the Middle East. According to their statement, a joint criminal complaint in Lebanon led to an unnamed defendant being found guilty of five criminal charges, including unspecified intellectual property and cybercrime-related offenses.

Intellectual Property 56

Intellectual Property Reporting Confidentiality Marketing 56

Traverse Legal Blog

MARCH 21, 2025

Our attorneys are contacted almost daily by Amazon sellers who’ve suffered some adverse consequences on marketplaces such as Amazon and Walmart. While these can be negative situations by the platforms themselves, a more serious issue occurs when third parties steal your market share and affect your revenue. Selling on Amazon has its fair share of challenges, but few are as frustrating as unauthorized sellers and counterfeit products.

Branding 52

Branding Brands Branding Marketing 52

Plagiarism Today

MARCH 20, 2025

Miley Cyrus must face Flowers' lawsuit, Limp Bizkit's lawsuit against UMG survives, and Mariah Carey wins dismissal of "Christmas" lawsuit. The post 3 Count: Christmas Blues appeared first on Plagiarism Today.

Plagiarism 147

Plagiarism Music Copyright 147

JD Supra Law

MARCH 21, 2025

A petition is calling for the Supreme Court to decide on the validity of the discovery rule, which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.

Social Media 65

Social Media Copyright 65

Selvam & Selvam Blog

MARCH 19, 2025

Introduction: The Supreme Court recently upheld the Bombay High Court’s decision in the case of Principal Secretary, Government of Maharashtra and Anr. v. Kshipra Kamlesh Uke & Ors. , involving compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, (the Act) and its associated Rules of 1995 (the Rules).

Intellectual Property 52

Intellectual Property Government Designs Design 52

SpicyIP

MARCH 25, 2025

[A big thanks to Praharsh for his inputs on the post.] The Bombay High Court order of 7th March 2025, making the interim injunction in favour of Karan Johar absolute, has added more fuel to the fire of the debate over personality rights protection. The personality rights debate is centred around the clash between individuals wanting to protect their likeness for commercial use and concerns that broad protections could limit creativity and restrict public access to cultural expressions.

Personality Rights 52

Personality Rights Privacy Branding Brands 52