December, 2024

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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

Trademark 130
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The 5 Worst Copyright Decisions of 2024

Copyright Lately

Many rulings missed the mark, but these five went the extra mile to secure their spots as the year’s worst copyright disasters. Hello and welcome to Copyright Latelys fifth annual countdown of the years biggest copyright misfires from coast to coast. When I first launched this tradition in 2020, during the height of the pandemic, best of lists felt a little out of touch.

Copyright 121
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SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

JD Supra Law

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information from news articles used to train its large language models. While still early, the courts favorable decision for The Intercept Media, Inc. could serve as a model for other news organizations and rights holders seeking to discourage the unauthorized use of their works by.

Copyright 120
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More Than Half of All Google Search Takedowns Now Come from Link-Busters

TorrentFreak

Online piracy is a constant headache for copyright holders; one that’s particularly hard to beat. Because those who run pirate sites often ignore takedown requests, copyright holders began targeting search engines and other online platforms that inadvertently help users to find pirated content. Typically, copyright holders outsource this work to third-party companies that scan the web for links to pirated material.

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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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All the IP News that Mattered in 2024

IP Watchdog

The past year has included some monumental developments in the world of IP - and adjacent to IP - that will affect law and practice for years to come. From the Supreme Courts decision to abrograte the Chevron decision, thereby changing the standard for agency deference by the courts, to movement on some of the most potentially game-changing patent legislation to be introduced since the America Invents Act, there is a lot to choose from when it comes to what mattered in 2024.

IP 119
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Poet Wins $5,000 in Case Over Infringing Blankets

Plagiarism Today

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.

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Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

INTRODUCTION Trade dress protection is an important aspect of intellectual property, whereby the special visual aspect of products or packaging will identify the origin of products to consumers. The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces.

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Another AI Scraping Copyright Case in Canada: News Media Companies Sue OpenAI

Hugh Stephens Blog

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 130
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French Piracy Blocking Order Goes Global, DNS Service Quad9 Vows to Fight

TorrentFreak

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.

Privacy 122
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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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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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Copyright and Realistic Baby Dolls

Plagiarism Today

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.

Copyright 290
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Trademark protection for cannabis brands

Erik K Pelton

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.

Branding 130
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The Madrid Protocol: Streamlining International Trademark Registration

IP and Legal Filings

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.

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Economist Will Page Reports Global Value of Music Copyright Exceeded Movie Box Office Receipts in 2023

IP Watchdog

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

Music 110
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Japan Plans AI Pilot Program to Fight Manga & Anime Piracy

TorrentFreak

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.

Privacy 114
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The Law Bytes Podcast, Episode 222: Robert Diab on Canadian Media’s Copyright Lawsuit Against OpenAI

Michael Geist

Canadas largest media companies came together recently to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. I wrote about the suit , suggesting that the primary motivation behind the suit was likely the hope to kickstart settlement discussions with the hope of a licence. Robert Diab , a law professor at Thompson Rivers University, raised similar thoughts in his own piece on the lawsuit.

Copyright 105
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Copyright and the Rankin/Bass Christmas Specials

Plagiarism Today

The Rankin/Bass holiday specials are a Christmas tradition. So who owns the copyright to these works? Also, is Rudolph public domain? The post Copyright and the Rankin/Bass Christmas Specials appeared first on Plagiarism Today.

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What my first trademark application filing looked like 25 years ago today

Erik K Pelton

My first trademark application was filed 25 years ago today on Dec. 30, 1999. I was a young entrepreneur building a new firm based on flat fees, efficiency, and exceptional services, with a website coded myself in HTML, and with experience as a USPTO examiner. In December of 1999, there was no online filing available I took the application a few miles down the road to the USPTO offices by hand to submit it and get it stamped with a filing date.

Trademark 130
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IPKat Book of the Year Awards 2024

The IPKat

The IPKat is thrilled to announce the launch of the 2024 Book of the Year Awards, continuing its cherished end-of-year tradition! Now in its seventh edition, the award allows the Kat community to choose their favourite books in the following six categories: Patents Copyright (including related rights and performers rights) Trade Marks (including Geographical Indications) Designs Best Foreign Language (Non English) Intellectual Property Book Intellectual Property (any book that covers more than o

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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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AnimeFenix Shuts Down & GogoAnime/Anitaku Freezes in Time

TorrentFreak

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.

Copyright 106
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French CSPLA Report Highlights AI Regulation: Transparency and Copyright Compliance in Focus

JD Supra Law

On December 11, 2024, the French High Council for Literary and Artistic Property ("CSPLA") published a report on the implementation of the European regulation on artificial intelligence ("AI"), focusing on the transparency of data used for AI training and the respect of copyright and related rights. The report proposes guidelines and a template for the summary that AI model providers must make available to the public, as required by the regulation.

Reporting 107
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5 Plagiarism Issues to Watch in 2025

Plagiarism Today

2024 was a banner year for plagiarism and authorship issues. Here's why 2025 promises to be even more important. The post 5 Plagiarism Issues to Watch in 2025 appeared first on Plagiarism Today.

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Lego loses

Likelihood of Confusion

Originally posted 2014-02-26 09:43:40. Republished by Blog Post PromoterWe reported on Lego’s overreaching years ago here and here. They tried to use trademark rights as a way to protect the design of their toy and avoid competition. But that is not what trademarks are, much less what they are for. And now, barring a successful […] The post Lego loses appeared first on LIKELIHOOD OF CONFUSION.

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Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees

Erik K Pelton

The USPTO TEAS filing system will be retired on January 18, 2025, after more than 20 years! And with the new “Trademark Center” come new and increased filing fees. For much more on the new fees and new application form, see Changes to USPTO Trademark Fees: What You Need to Know The post Countdown clock to USPTO’s Retirement of TEAS and New Trademark Fees appeared first on Erik M Pelton & Associates, PLLC.

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The IP Community’s Wildest Dreams for 2025

IP Watchdog

As we do each year, were dedicating the last day of December to readers' comments on what the IP landscape would look like to them if a little thing called reality was not an issue. So, below are our participants heartfelt IP wishes for 2025.

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‘Destroyed’ Usenet Provider Sues Anti-Piracy Group for Millions in Damages

TorrentFreak

The legal saga of News-Service Europe ( NSE ) and anti-piracy group BREIN has taken another dramatic turn. Once a titan in the Usenet world, NSE was forced to shut down in 2011 after BREIN took legal action on behalf of the movie and music industries. In its initial verdict, the Court of Amsterdam concluded that NSE willingly facilitated online piracy through its services.

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California's New Generative AI Law – What Your Organization Needs to Know

JD Supra Law

California is making waves with its new AI law, Assembly Bill 2013 (AB 2013), set to take effect in 2026. This groundbreaking legislation (again) puts the state at the forefront of tech regulation by tackling one of AI's biggest challenges: the "black box" problem. AB 2013 demands transparency, requiring AI companies to disclose detailed information about the data they use to train their generative models, shedding light on a previously hidden layer of machine learning.

Law 84
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The Chill Guy Plagiarism Hoax

Plagiarism Today

The Chill Guy meme may promote a relaxed attitude. But it was recently the focus of a very serious and harmful plagiarism hoax. The post The Chill Guy Plagiarism Hoax appeared first on Plagiarism Today.

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The IP space

Likelihood of Confusion

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™.

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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”.

Designs 64
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How Duracell Uses Trademarks and Trade Dress to Fight Counterfeits | IPWatchdog Unleashed

IP Watchdog

This week my conversation is with Leo White, who is Chief IP Counsel and Associate General Counsel for The Duracell Company. During our conversation we begin by briefly talking about patent strategy, but then move quickly to brand protection, trademarks, trade dress and effectively working with customs agencies around the world. While Duracell does patent its various battery technologies, and while White is responsible for maintaining a worldwide patent portfolio for the company, the companys tr

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Domain Seizures and German ISP Blockade Add to Libgen’s Troubles

TorrentFreak

Library Genesis ( LibGen ) is one of the oldest shadow libraries on the Internet, offering free access to millions of books and academic papers for which people would otherwise have to pay. The sites origins reportedly trace back to the Soviet Unions underground publishing culture samizdat, which was used to bypass state censorship in the last century.

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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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3 Count: Pirate Squids

Plagiarism Today

Two sports piracy sites go dark, China under fire for Squid Game piracy and Link Busters sends billions of takedowns to Google. The post 3 Count: Pirate Squids appeared first on Plagiarism Today.