September, 2024

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Why Plagiarism Still Matters

Plagiarism Today

We've all been inundated with plagiarism stories. It can seem like plagiarism doesn't matter anymore. However, that's simply not true. The post Why Plagiarism Still Matters appeared first on Plagiarism Today.

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Patent, Copyright, Trademark : What’s the difference?

Erik K Pelton

There are several different forms of intellectual property. The three that can be registered – in different ways and for different lengths – are patents, trademarks, and copyrights. A patent generally protects inventions while a copyright protects an original work of creativity. A trademark protects something that indicates the source of goods or services — generally a brand name, logo, or slogan.

Trademark 173
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Canada (Finally) Does Something Right on Copyright Protection: According to US Study, Canada’s Site Blocking Process is Worth Emulating

Hugh Stephens Blog

It is a foggy Friday when a report out of the US heaps praise on Canada for anything in the area of intellectual property. But surprise, it just happened!

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Author of AI-Generated Work Rejected by Copyright Office Says Lack of Protection Has Crushed Him

IP Watchdog

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.

Copyright 145
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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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U.S. Court Orders LibGen to Pay $30m to Publishers, Issues Broad Injunction

TorrentFreak

Library Genesis, often shortened to LibGen , is one of the longest-running shadow libraries online. It provides free access to a vast collection of millions of books and academic papers that typically require payment. In recent years, rightsholders have made several attempts to shut the site down. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.

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Cybersecurity in the Age of Industry 4.0 - Part 2

JD Supra Law

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical recommendations to mitigate these risks. If you missed the first article, where we discussed the latest trends and key cybersecurity risks facing manufacturers, you can read it here: Cybersecurity in the Age of Industry 4.0 – Part 1.

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25 Considerations for a Trademark Cease and Desist Letter

Erik K Pelton

When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter. Erik shares 25 considerations to make in this episode. The post 25 Considerations for a Trademark Cease and Desist Letter appeared first on Erik M Pelton & Associates, PLLC. When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter.

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India: When Does a Religious Marriage Ceremony Become a Pure Entertainment Wedding Party?

Hugh Stephens Blog

Image: Shutterstock (AI-generated) Ah Goa! Spectacular sunsets, beautiful beaches, fish curry and crumbling 16th century Catholic cathedrals deep in the jungle. I fondly recall a couple of visits in past years. While Goa has many attractions, it is the beaches that are the bread-and-butter of the tourist industry. A lot happens on those beaches, from … Continue reading "India: When Does a Religious Marriage Ceremony Become a Pure Entertainment Wedding Party?

Music 147
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Why the Data Wall and the Advance of Quantum Computing Matter to Copyright Lawyers

Kluwer Copyright Blog

Samuel Johnson by Joshua Reynolds from Wikipedia Large language models are built on scale. The bigger they are, the better they perform. The appetite for letters of these omnivorous readers is insatiable, so their literary diet must grow steadily if AI is to live up to its promise. If Samuel Johnson, in one of his famous Ramblers of 1751, grumbled about the growing number of what he called “the drudges of the pen, the manufacturers of literature, who have set up for authors”, who knows what he w

Copyright 128
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‘Pirate’ Site nHentai Sued in U.S. Court for Copyright Infringement

TorrentFreak

Manga and anime have become increasingly popular in recent years. These formats originate in Japan, but they are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above. With a growing audience of many millions of fans, hentai is also benefiting from the boom. As with any type of media, not all consumers are paying for access.

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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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A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

JD Supra Law

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight.

Trademark 130
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The Battle Over Music in Social Media Videos

Plagiarism Today

Music companies are increasingly targeting businesses who use their music on social media. Here's what you need to know. The post The Battle Over Music in Social Media Videos appeared first on Plagiarism Today.

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Building a Bold Brand Chapter 13: Beware of Scams

Erik K Pelton

The following is an edited transcript of Chapter 13 of my book video Building a Bold Brand: Beware of Scams Few things I have written about over the years have garnered more attention than my coverage of worthless scams that prey upon trademark owners. If you think you might have received a trademark scam letter or solicitation, here are some tips: Do not pay it.

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Singapore’s New Copyright Act Three Years On: There’s No Need to Open the AI Exception Door Even Wider

Hugh Stephens Blog

Image: Shutterstock (modified) The 2021 Revisions Back in 2021 I wrote a mixed review of the revisions brought in to update Singapore’s Copyright Act. There were some significant positives for rights-holders, notably a new provision that made it illegal to sell ISDs (Illicit Streaming Devices, i.e.

Copyright 124
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How A Strong Copyright System Benefits the United States

Copyright Alliance

Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. Growing up in Michigan, high school policy debate let […] The post How A Strong Copyright System Benefits the United States appeared first on Copyright Alliance.

Copyright 122
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Court Orders Google to “Uninstall” Pirate IPTV App Sideloaded on Android Devices

TorrentFreak

As reported last week, an order published in Argentina dated September 13, 2024, revealed that local ISPs are now required to block dozens of Magis TV-linked domains for violating intellectual property law. In total, 69 domains (full list in our earlier report ) must be blocked so that internet users cannot access them from anywhere inside Argentinian territory.

Reporting 140
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Market to Market: Where, What, and How – Trademarks & the Olympic Games (Part 3)

JD Supra Law

The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. In June, we reviewed from where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights, and in July we explored what trademarks the USOPC owns.

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Why the Internet Archive Lost

Plagiarism Today

The Internet Archive's defeat is a blow to the organization So why did it lose? Who is to blame? The answer is very simple. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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25 Tips from a Former USPTO Trademark Examiner

Erik K Pelton

The following is an edited transcript of my video 25 Tips from a Former Trademark Examiner. You might know that I’m a former examiner at the USPTO who reviewed trademark applications from the inside of the process. The following are some tips that are useful on the outside, but that one learns on the inside. You can contact the examiner by phone or email if you have a question or you want to discuss something, so you can always look up the examiner’s phone number or email.

Trademark 130
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Site Blocking Is Effective Worldwide Says New Report by IP House and DCA

The Illusion of More

Overseas and Out of Reach: International Video Piracy and U.S. Options to Combat It, released today by IP House and Digital Citizens Alliance (DCA) is one more reason the U.S. Congress should adopt site-blocking legislation to protect American creators and consumers. Thirteen years ago this coming January, Congress shelved bipartisan legislation that was designed to […] The post Site Blocking Is Effective Worldwide Says New Report by IP House and DCA appeared first on The Illusion of More

Reporting 121
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New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital

IP Watchdog

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.” The Inventors Defense Alliance includes Professor Kristen Osenga, professor at the University of Richmond School of Law, as its chief policy counselor, and boasts a board featuring the Hon.

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Google Wins Lawsuit Against Scammers Who ‘Weaponized’ DMCA Takedowns

TorrentFreak

The DMCA takedown process allows rightsholders to request the removal of infringing material from online platforms. It’s a powerful, widely-used tool that results in millions of URLs and links being taken down daily. While often justified, some DMCA takedown requests are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.

Contracts 135
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Franchisee 101: Non-Compete Jumpstarted in Bankruptcy

JD Supra Law

A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the non-compete and confidentiality provisions included within the franchise agreement. The court determined that these provisions were neither executory nor subject to rejection under the Bankruptcy Code.

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NaNoWriMo’s Massive AI Blunder

Plagiarism Today

NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder appeared first on Plagiarism Today.

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Do These 5 Things When Starting a New Business

Erik K Pelton

We are a small business and we specialize in helping small businesses protect their brands. Here are 5 essential tips for anyone starting a new venture. The post Do These 5 Things When Starting a New Business appeared first on Erik M Pelton & Associates, PLLC. We are a small business and we specialize in helping small businesses protect their brands.

Business 130
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Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two

Technology & Marketing Law Blog

Prior blog post. Alexander inked 6 tattoos on wrestler Randy Orton. Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. A jury ruled for Alexander and awarded $3,750 in damages. The defendants sought to overturn the jury verdict. The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” Really?

Copyright 116
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Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates’ Profits

IP Watchdog

Several amici weighed in late last week on a trademark petition to the U.S. Supreme Court that asks whether “an award of a ‘defendant’s profits’ under the Lanham Act…can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.” The Supreme Court granted the petition in Dewberry Group, Inc. v.

Trademark 119
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Hollywood and Netflix Report Piracy Threats to the EU, Call for ‘Intermediary’ Action

TorrentFreak

Over the past two decades, online piracy has proven to be a massive challenge for the entertainment industries. Governments around the world have recognized this challenge and, where possible, lend a helping hand to identify and address these threats. The European Commission, for example, compiles a bi-annual ‘Counterfeit and Piracy Watch List’ following the example set by the United States.

Reporting 135
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Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

JD Supra Law

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors. The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on the internet – and a group of Compulife competitors and others (“Defendants”) who allegedly misappropriated Plaintiff’s.

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The Bitter Trademark Battle Over WordPress

Plagiarism Today

Over the past week, Automattic has been battling WP Engine over WordPress-related issues. Here's what is going on. The post The Bitter Trademark Battle Over WordPress appeared first on Plagiarism Today.

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10 Questions to Ask When Hiring a Trademark Lawyer

Erik K Pelton

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” The simple answer is YES. No attorney is necessary. But just because you CAN does not mean that you SHOULD. By attempting to register a trademark without counsel, a business may create more problems than it began with, may incur more expenses than it would have by hiring a professional from the s

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Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v. Instagram

Technology & Marketing Law Blog

The plaintiffs’ allegations were sizzling. In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. Allegedly, the spiking included naming the plaintiffs on the services’ lists of “dangerous individuals or organizations,” which then fed into GIFCT to block t

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Google Hit with Allegations of Trademark Infringement over Gemini ChatBot

IP Watchdog

Gemini Data, Inc., an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” In February 2024, Google announced it would be re-branding BARD to GEMINI and attempted to register the trademark with the U.S.

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X Loses Battle to Protect Genshin Impact Leaker’s First Amendment Anonymity

TorrentFreak

In November 2023, the publisher of hit videogame Genshin Impact obtained a DMCA subpoena at a California district court to unmask an anonymous alleged infringer. Cognosphere’s aim was to compel X/Twitter to “disclose the identity, including the name(s), address(es), telephone number(s), and e-mail addresses(es)” of an individual in control of four ‘X’ accounts: @HutaoLoverGI, @GIHutaoLover, @HutaoLover77, and @FurinaaLover.

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Artificial Intelligence Quarterly Update

JD Supra Law

In this quarterly update, we review the latest developments in three subjects salient to corporate use of artificial intelligence (AI). First, we discuss the risks associated with AI, the case for board oversight and how the board can exercise oversight over management’s implementation of AI. Second, we review recent trends in AI Intellectual Property (IP) litigation.