Tue.Dec 03, 2024

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What Happens When AI Files Bad DMCA Takedowns

Plagiarism Today

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.

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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

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3 Count: Jetting Off

Plagiarism Today

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.

Music 189
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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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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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USPTO Officially Withdraws Terminal Disclaimer Proposal

IP Watchdog

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.

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25 Office Action Response Tips

Erik K Pelton

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.

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UK Police and FACT Continue IPTV Piracy Whack-a-Mole

TorrentFreak

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.

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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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LIZZIE BORDEN Mark ‘Whacked’ by Appellate Court: But Was it Deserved?

IP Watchdog

On November 16, 2024, the United States Court of Appeals for the First Circuit affirmed a district court’s denial of a preliminary injunction, in which one Fall River, Massachusetts, business inspired by the legend of Lizzie Borden unsuccessfully asserted trademark rights against another Lizzie Borden-inspired business located right next door. The ultimate appellate decision seems largely justified, given the deferential scope of review applied by the First Circuit.

Business 100
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A Surprising Upswing of Design Patent Activity Among Some Auto and Tire Makers

IP Close Up

In recent years design patents have come to have a more vital role in the intellectual property landscape.

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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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Maximizing Intellectual Property Protection: Balancing Patents and Trade Secrets for Startups

JD Supra Law

Founders and their startups are typically at the forefront of ever-evolving fields, from space exploration and satellites to life-saving medical devices and medicines. Safeguarding intellectual property is critical for startup companies striving to gain a competitive edge, particularly when entering markets with established competitors or when creating a new market that may attract well-funded competition.

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[Sponsored] PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research

SpicyIP

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”.

Design 64
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Patent Term Extension For Medical Devices

JD Supra Law

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.

Patent 73
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What Do You Need to Start a Nonprofit? The Free Checklist

Cogency Global

What this is: An average of 100,000 nonprofits are created annually in the US, but only a select few have what it takes to make it through the first year. New charitable organizations must comply with a variety of requirements to be legally designated as nonprofits and get up and running successfully.  What this means: This checklist outlines the steps nonprofit founders must take to establish a nonprofit and set it up for long-term success.

Design 72
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Penn State Wins Trademark Infringement Case Against Vintage Brand for the Sale of 'Throwback' Merchandise

JD Supra Law

A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for universities and sports teams in their fight to protect against the sale of unlicensed merchandise.

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Counterfeit Goods and Criminal Sanctions: Assessing P&H Order on Procedural Irregularities in Arun Kumar vs State of Punjab

SpicyIP

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.

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You Can Go In-House, But You Can’t Hide: In-House Counsel Not Immune from Deposition

JD Supra Law

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.

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Jadoo TV Piracy Lawsuit Ends in $24.9m Judgment, Customers Exposed

TorrentFreak

In November 2018, DISH Network filed a copyright infringement lawsuit against Jadoo TV and its CEO Sajid Sohail. Jadoo TV distributed self-branded set-top IPTV boxes and later various software apps. The DISH complaint described Jadoo TV’s operation as a “deliberate, multi-year effort” to distribute its exclusively-licensed TV channels without authorization, amounting to direct, contributory, and vicarious infringement under 17 U.S.C.

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European Commission Releases First Draft of General-Purpose AI Code of Practice

JD Supra Law

The Draft Code sets out various obligations relating to transparency, copyright compliance, and management of systemic risks for providers of GPAI models.

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Q&A With the Godfather of FAIR Data Principles, Barend Mons

Velocity of Content

Barend Mons is the Founding Director of the Leiden Institute for FAIR and Equitable Science (LIFES), a joint effort by an international public-private partnership of 10 academic and private organizations to build a broad and diverse network of members that want to incorporate FAIR data principles. He is also the Scientific Director of the GO FAIR Foundation , which guides people and organizations on solutions to making data universally Findable, Accessible, Interoperable, and Reusable.

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Excited To Align With LA28? Not So Fast, Says Court

JD Supra Law

On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District Court for the District of Colorado for allegedly violating the USOPC’s trademark rights via Prime Hydration’s Olympic-themed advertising campaign.

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Can I pursue a claim after losing a loved one?

Nelligan Law

Reading Time: 2 minutes A wrongful death claim arises when a persons death results from someone else’s negligence or misconduct. Wrongful death claims provide surviving family members with a means to seek compensation for their loss. This blog explores wrongful death claims, what they entail, who can file, and the types of damages that may be recovered following the death of a loved one.

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K&C Sports & Entertainment Law Weekly Roundup - December 2024

JD Supra Law

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.

Law 73
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Claims for Spouses and Children after Losing a Loved One

Nelligan Law

Reading Time: 2 minutes Losing a spouse or parent because of someone elses negligence is profoundly distressing. Pursuing a wrongful death claim can provide the surviving spouse and children with financial relief and a measure of justice. Understanding Wrongful Death Claims Wrongful death claims arise when someone dies due to the negligence or misconduct of another party.

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[Audio] Can You Copyright AI-Generated Content? - On Record PR

JD Supra Law

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.

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A Guide to Parents Pursuing Wrongful Death Claims: Seeking Justice After a Tragic Loss

Nelligan Law

Reading Time: 2 minutes The loss of a child is unimaginable. For parents, pursuing a wrongful death claim can help them get a small measure of justice. Understanding Wrongful Death Claims by Parents Wrongful death claims allow certain family members to seek compensation when their loved one dies due to someone elses negligence. Parents filing these claims typically seek damages for the emotional and financial impact of losing their child.

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The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

JD Supra Law

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial other than the expert opinion it had presented at the initial trial on its claims. See Geigtech E. Bay LLC v. Lutron Elecs. Co, Case No. 18-Civ-05290 (CM) (Nov. 12, 2024).

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Extended Family Members and Wrongful Death Claims: Understanding Eligibility and Legal Rights

Nelligan Law

Reading Time: < 1 minute The loss of a loved one due to another’s negligence or wrongful act is a profound tragedy that affects the entire family. This blog post explores the rights of extended family members to pursue wrongful death claims following a loved ones death. Who Qualifies as Extended Family? The framework for wrongful death claims varies by province and is set out in legislation.

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PTAB/USPTO Update - December 2024

JD Supra Law

On November 12, USPTO Director Kathi Vidal announced in a post on LinkedIn and a letter to friends and colleagues that she would be stepping down the second week in December. Deputy Director Derrick Brent will take over until a new Director is appointed.

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Samsung Foe Wants More Money After $192M Patent Win

IP Law 360

A small Silicon Valley outfit that makes wireless chargers wants U.S. District Judge Rodney Gilstrap to potentially triple the $192 million willful infringement verdict the company won against Samsung, citing the smartphone maker's "egregious" conduct during trial in Texas federal court in Marshall.

Patent 52
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USPTO Finalizes Partial Permanence of MTA Pilot Program

JD Supra Law

On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes permanent several MTA pilot program provisions, such as the PTAB providing preliminary guidance, revised MTA practice, examination assistance, and burdens of persuasion in MTAs.

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OpenAI Must Disclose Execs' DMs To News Orgs, Authors

IP Law 360

The New York Times, Daily News, other news organizations and writers can gain access to the social media messages of executives at OpenAI in their litigation accusing the company of using copyright-protected material to train ChatGPT after a New York judge rejected efforts to block the disclosure of the messages.

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Patent Poetry: WIPO Members Approve Riyadh Design Law Treaty

JD Supra Law

Member states of the World Intellectual Property Organization (WIPO) have approved the Riyadh Design Law Treaty. The treaty is designed to “make it easier, faster and more affordable for designers the world over to protect their designs both at home and abroad.”.

Design 59
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USPTO Abandons Polarizing Proposal Over Double Patenting

IP Law 360

The U.S. Patent and Trademark Office has withdrawn an extremely controversial proposal tied to double patenting, citing "resource constraints" in a Federal Register notice set to be published Wednesday.

Patent 52
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What To Do Now That The AFCP (After Final Consideration Program) Is Ending?

JD Supra Law

The After Final Consideration Pilot 2.0 Program (AFCP) offered to patent applicants by the U.S. Patent and Trademark Office is ending on December 14, 2024. The program began in 2013 and was originally slated to last only 1 year. Its 11 years of existence shows its appeal to applicants in responding to final Office Actions, as does the USPTO’s reporting that 60,000 requests have been filed annually since 2016.