Plagiarism Today
DECEMBER 3, 2024
Humans are using AI to automate virtually everything. But what happens when the copyright bots make bad decisions? The post What Happens When AI Files Bad DMCA Takedowns 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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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.
Kluwer Copyright Blog
NOVEMBER 27, 2024
Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act Introduction The interaction between the AI Act ( Regulation 2024/1689 ) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related provisions.
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?
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 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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
NOVEMBER 27, 2024
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
Patently-O
NOVEMBER 29, 2024
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
The IPKat
NOVEMBER 30, 2024
Some months ago, this Kat reported on the Advocate General’s (AG) Opinion in case C-579/23 P. It concerns the competence of the European Commission (Commission) when scrutinising applications for geographical indications (GIs) that it receives from the Member States. Now that the Court of Justice of the European Union (CJEU) has issued its ruling this case returns to The IPKat’s pages: while the CJEU mostly aligned with the AG, it did so with an important twist!
Plagiarism Today
DECEMBER 3, 2024
Sony Music sued by music publisher, Japan government approves AI anti-piracy initiative and a copyright fight over the NY Jets logo. The post 3 Count: Jetting Off appeared first on Plagiarism Today.
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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.
JD Supra Law
NOVEMBER 27, 2024
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. Upholds Injunction in OpenAI v. Open AI - The U.S. Court of Appeals for the Ninth Circuit recently upheld a preliminary injunction against Open Artificial Intelligence, Inc.
TorrentFreak
NOVEMBER 30, 2024
Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. This involves sending a steady stream of cease and desist letters and takedown notices. If those don’t work, Nintendo is prepared to go to court as well. Nintendo Sues r/SwitchPirates Mod In July, Nintendo filed a lawsuit at a Washington federal court against Arizona-resident J.
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
NOVEMBER 27, 2024
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
IP Watchdog
DECEMBER 2, 2024
Trademark rights flow from use. Continued use of a trademark keeps the trademark alive and makes the trademark right stronger. As per the Lanham Act, suspension of use for a consecutive three years may create a rebuttable presumption of abandonment. In the below case, we will analyze the nuances of trademark abandonment from nonuse.
JD Supra Law
DECEMBER 3, 2024
On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing Carvana’s in-house counsel, Ms. Jessica Wilson.
TorrentFreak
NOVEMBER 27, 2024
In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.
Michael Geist
DECEMBER 3, 2024
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.
The IPKat
DECEMBER 2, 2024
If you missed The IPKat last week, then join this Kat in keeping up with the latest IP news. Trade marks and GIs Alessandro Cerri reported on a recent decision of the Fifth Board of Appeal of the EU Intellectual Property Office concerning the likelihood of confusion between two pictures of elderly men's faces. The Board’s decision included the assessment of Article 8(1)(b) EUTMR and Article 8(5) EUTMR.
IP Watchdog
DECEMBER 2, 2024
At the core of Due Process and basic justice is the undeniable right to be heard by an impartial adjudicator on the charges brought against you. That includes the right to present witnesses and evidence in your defense and to cross-examine the witnesses against you. Neither has been afforded to Judge Pauline Newman. Instead, allegations by the U.S. Court of Appeals for the Federal Circuit (CAFC) chief judge, and certain staffers who report to the chief judge, are assumed to be both accurate and
JD Supra Law
DECEMBER 3, 2024
The Canadian Hockey League and its affiliate organizations have been dismissed from an antitrust suit alleging they entered unlawful deals allowing them to exploit junior players and illegally profit from their labor.
TorrentFreak
NOVEMBER 28, 2024
Founded over a decade ago, Dramacool became a go-to destination for pirated copies of Asian dramas and related content. The site was originally started by a group of ‘students’ who wanted to share their passion for this entertainment niche. But what started as a hobby, eventually became a multi-site streaming operation with tens of millions of users.
SpicyIP
DECEMBER 3, 2024
Discussing the Punjab and Haryana High Court order quashing the charges of copyright and trademark infringement on substantive and procedural grounds, SpicyIP intern Bharathwaj Ramakrishnan assesses the Court’s findings on copyright infringement and explains the procedural requirement under Section 115 of the Trademarks Act. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP.
Michael Geist
DECEMBER 2, 2024
The Standing Committee on Canadian Heritage has for the past month been conducting a study on protecting freedom of expression. The counters of the study aren’t entirely clear. In fact, after I was invited to appear, I asked for some sense of what the committee was looking to address. There wasn’t much detail, which has really left it open for witnesses to cover whatever issues they like.
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.
JD Supra Law
DECEMBER 3, 2024
Patent term extension (PTE) under 35 U.S.C. § 156 is a statutory program that restores to a patent at least a portion of the term that was effectively lost while the covered product was undergoing regulatory review and could not be marketed. PTE is available for patents covering certain human drugs, food or color additives, animal drugs, veterinary biological products, and medical devices.
TorrentFreak
DECEMBER 3, 2024
Those who follow mainstream tabloid media in the UK should be familiar with the risks of online streaming piracy by now. There’s no country in the world where more ‘pirate box’ or IPTV resellers have been prosecuted. Meanwhile, the number of suspects who have received official warnings runs in the hundreds. Local police, in collaboration with anti-piracy group FACT , carry out many of these enforcement actions.
SpicyIP
DECEMBER 3, 2024
We are pleased to bring to you this sponsored post by PatSeer on the launch of their new AI assistant. For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer , a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “ PatAssist”.
The TTABlog
DECEMBER 3, 2024
The TTAB affirmance rate for Section 2(d) appeals this year continues to hover around 90%. Here are three recent Board decisions, at least one of which reversed the refusal. How do you think they came out? [Answer in first comment]. In re Vermutería de Galicia, S.L. , Serial No. 90385649 (November 29, 2024) [not precedential] (Opinion by Judge Cynthia C.
IP Watchdog
DECEMBER 2, 2024
The U.S. Court of Appeals for the Federal Circuit on Monday, December 2, issued a ruling in Koninklijke KPN N.V. v. Vidal affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of several patent claims to technologies for managing access to telecommunications networks. In so ruling, the Federal Circuit held that KPN’s plausible alternative understanding of a prior art reference did not require a finding that the PTAB’s obviousness ruling was unsupported by substantial evidence.
JD Supra Law
DECEMBER 3, 2024
In this episode of On Record PR, sponsored by Lawline, Jennifer Simpson Carr goes on record with Sean Douglass, associate attorney at Panitch Schwarze, to discuss the impact of AI-generated content on intellectual property law. By: Furia Rubel Communications, Inc.
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.
43(B)log
DECEMBER 2, 2024
Spotlight Ticket Management, Inc. v. Concierge Live LLC, No. 2:24-cv-00859-WLH-SSC, 2024 WL 4866813 (C.D. Cal. Aug. 30, 2024) Spotlight provides ticket and event management enterprise solutions. It entered into an exclusive agreement with Ticketmaster, a ticket sales and distribution company, giving it “the exclusive right to directly integrate its technology with Ticketmaster’s software and systems platform.
SpicyIP
NOVEMBER 30, 2024
Image from here [ This post is authored by Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Her previous post can be accessed here. ] The Controller of Patents, Kolkata, on 3 rd October, 2024, rejected the patent application for an HIV drug- Dolutegravir by VIIV Healthcare and Shionogi & Co.
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