Hugh Stephens Blog
OCTOBER 17, 2024
Image: Shutterstock (AI modified) Singapore already has one of the most permissive text and data mining (TDM) exceptions in copyright law found anywhere, allowing AI developers to ingest copyrighted content for AI training purposes subject only to a very few limitations, all of which are pretty minimal.
TorrentFreak
OCTOBER 31, 2024
The belief that somehow everything is free on the internet was widespread in the late 1990s. Sites were overwhelmingly free and if MP3 files were spotted by an alert surfer, it was almost considered rude not to download them, bandwidth permitting. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.
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Erik K Pelton
OCTOBER 15, 2024
The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Doing nothing about a known infringement situation for a long period of time can lead to “laches,” a legal theory that could prevent you from later enforcing any rights you may have once had.
IP Watchdog
OCTOBER 17, 2024
Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel
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
OCTOBER 17, 2024
A battle over the practice of skiplagging has created a bizarre copyright verdict that could impact the use of logos online. The post Skiplagged, American Airlines and a Bizarre Copyright Verdict appeared first on Plagiarism Today.
Patently-O
OCTOBER 14, 2024
by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
OCTOBER 29, 2024
Identifying the anonymous operators of pirate sites and then locating them, wherever they are in the world, is rarely a straightforward matter. Even when that is achieved, filing copyright lawsuits and then winning those cases could take years rather than months to complete. Japan-based publishing giant Shueisha often utilizes courts in the United States to obtain information on mostly anonymous pirate site operators.
Erik K Pelton
OCTOBER 10, 2024
Trademark scams take all forms, unfortunately. They come by snail mail, by email, by telephone, and via websites. Here are some tips to help avoid these scams. Phone Calls: USPTO will never ask for money over the phone. And if an attorney filed your application, USPTO should never call you directly. Be careful of spoofed phone numbers. Tip: Ask to call them back at their directly line.
IP Watchdog
OCTOBER 15, 2024
By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.
Plagiarism Today
OCTOBER 28, 2024
Thousands of open-access studies feature images that may have copyright restrictions. Here's how that happened. The post Why Thousands of Studies May Be in Copyright Limbo appeared first on Plagiarism Today.
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SpicyIP
OCTOBER 27, 2024
Here is our recap of last week’s top IP developments including summary of the posts on the JioHotstar domain name dispute and DHC’s order on the Complan disparagement dispute. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week <JioHotstar.com>: A Clever Narrative for Cybersquatting The JioHotstar domain name dispute between Reliance and ‘A Dreamer’ is the latest talk of the to
Copyright Lately
OCTOBER 16, 2024
A Florida jury has handed 2 Live Crew a big win, allowing them to reclaim copyrights in classic rap tracks in a long-running legal battle with Lil’ Joe Records. BREAKING : A Miami federal jury on Wednesday cleared the way for famed hip-hop group 2 Live Crew to recapture ownership of their early 1990s music catalog, concluding a major copyright termination battle with Lil’ Joe Records.
TorrentFreak
OCTOBER 20, 2024
Italy has an administrative blocking mechanism and a technical blocking platform, Piracy Shield, operated by rightsholders in the private sector. Up until now, AGCOM, Italy’s independent telecoms regulator, has been Piracy Shield’s greatest supporter, at least of those not already benefiting financially from the activities of football league Serie A, currently the only beneficiary of Piracy Shield blocking.
Erik K Pelton
OCTOBER 22, 2024
The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. The great majority of infringement matters are resolved without litigation, and the great majority of trademark litigation cases that are filed are resolved without a verdict from a court.
IP Watchdog
OCTOBER 28, 2024
One of the more interesting public policy reads of 2024 comes from the U.S. Patent and Trademark Office (USPTO), whose “Drug Patent and Exclusivity Study” effectively debunks the false narratives and bogus statistics that have been levied against pharmaceutical patents with significant effect in recent years. The inescapable takeaway from the USPTO study is that activists have manipulated data to inflate the effects of patents and other exclusive rights on competition.
Plagiarism Today
OCTOBER 10, 2024
The modern history of plagiarism is dominated by the evolution of tech. However, there was one particularly dark time that's making a return. The post The Dark Ages of Academic Plagiarism appeared first on Plagiarism Today.
Olartemoure Blog
OCTOBER 15, 2024
This initiative underscores the vital importance of collaboration between multiple agencies and countries. Since its inception, Operation 404 has become a success story in the global fight against online piracy. Previous phases have led to the blocking of thousands of illegal websites and apps, the execution of numerous search warrants, and the seizure of equipment used for cybercrimes.
SpicyIP
OCTOBER 17, 2024
Logo of Himachal Pradesh High Court. Image from here [ This post is authored by Md. Sabeeh Ahmad. His previous posts can be accessed here. ] The Himachal Pradesh High Court seems to be the latest addition to the list of Courts with a separate IPR Division, as it has notified its Intellectual Property Rights Division Rules, 2022. Turns out that the Rules have been out for a while now and were notified on July 8, 2024.
TorrentFreak
OCTOBER 14, 2024
Popular Internet infrastructure service Cloudflare has come under pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. These pirate sites have proven to be quite a headache for Cloudflare. For example, rightsholders continue to complain that the company helps pirates conceal their hosting locations and identities, as was made clear again in recent submiss
Patently-O
OCTOBER 19, 2024
A Central District of California jury has awarded SPEX Technologies nearly $316 million in damages against Western Digital for infringement of a patent related to hardware encryption technology. The verdict, handed down on October 18, 2024, comes after an eight-year legal battle and raises interesting questions about infringement of means-plus-function claims and the calculation of reasonable royalty damages.
IP Watchdog
OCTOBER 28, 2024
As artificial intelligence (AI) technology continues to evolve at an unprecedented pace, it brings with it numerous questions regarding the application of intellectual property (IP) laws. The intersection of AI and IP raises critical considerations about the rights of creators and innovators, the interpretation and enforcement of established laws, and the potential impact on the future of creativity and innovation.
Plagiarism Today
OCTOBER 22, 2024
The Copyright Claims Board has released statistics about its first 1,000 cases. Here's what the numbers say. The post Copyright Claims Board Releases Key Statistics appeared first on Plagiarism Today.
Copyright Lately
OCTOBER 27, 2024
Model Gigi Hadid defaults in a copyright lawsuit over an Instagram post, leading to a judgment of only $3,000 in damages. Was it a savvy strategy or just a lucky break? Gigi Hadid’s post of sister Bella resulted in the fourth copyright infringement lawsuit filed against her. Gigi Hadid is no stranger to copyright lawsuits. Over the years, the fashion model has faced repeated claims from paparazzi photographers for posting their images on her Instagram without permission.
SpicyIP
OCTOBER 22, 2024
We’re pleased to announce that National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume IX, Issue I). The last date for submissions is January 10, 2025. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.
TorrentFreak
OCTOBER 15, 2024
Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit. Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and don’t require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party service providers.
Technology & Marketing Law Blog
OCTOBER 24, 2024
By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1. Number of claims filed: The graph shows a linear progression, meaning the number of claims filed are steady, they are NOT increasing over time.
IP Watchdog
OCTOBER 24, 2024
In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7% for patent owners with a product. eBay opened the floodgates to massive predatory infringement, destroying countless startups, especially those commercializing cri
Plagiarism Today
OCTOBER 22, 2024
Film company sues Tesla over Blade Runner clips, NBA teams deny social media infringement, and News Corp sues Perplexity The post 3 Count: Blade Runner 2024 appeared first on Plagiarism Today.
Erik K Pelton
OCTOBER 29, 2024
Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered trademark for businesses. The post The Value of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Erik summarizes the results of a recent study published by the NOVA School of Business & Economics about the data used to show the tremendous monetary value of having a registered tradem
SpicyIP
OCTOBER 29, 2024
Breaking down the MHC’s recent decision in Embio Ltd. v. Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of law and technology, and seeks to pursue a career in academia and research.
TorrentFreak
OCTOBER 20, 2024
The Entertainment Software Association ( ESA ) has submitted its latest overview of “ Notorious Markets ” to the Office of the US Trade Representative (USTR). These submissions serve as input for the USTR’s yearly overview of piracy ‘markets’ which helps to shape the U.S. Government’s global copyright enforcement agenda going forward. The ESA, which represents video game companies including Electronic Arts, Epic Games, Microsoft, Nintendo, Sony, and Ubisoft, hopes that the interests of its membe
The Illusion of More
OCTOBER 24, 2024
A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming […] The post Generative AI’s Analogs to Technological Disruptions of the Past appeared first on The Illu
IP Watchdog
OCTOBER 14, 2024
This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.
Plagiarism Today
OCTOBER 30, 2024
A recent decision by the US Copyright Office makes it easier to repair ice cream machines. But how did that happen? The post What Does Copyright Have to Do With McFlurries? appeared first on Plagiarism Today.
JD Supra Law
OCTOBER 23, 2024
Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).
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