Erik K Pelton

AUGUST 17, 2023

The following is an edited transcript of my video Filing Your Trademark Application Early: A Cautionary Tale. It’s very important to file your trademark for protection as early as possible for a variety of reasons. One reason is that USPTO takes a really long time, but more importantly, protection begins in many instances when the trademark application is filed, and so it can be a big difference filing now versus filing a year from now.

Trademark 130

Trademark Branding Brands Branding 130

Hugh Stephens Blog

AUGUST 18, 2023

The platform for exchange of ideas and expression provided by the internet is, as I think everyone today now knows, a two-edged sword. It can empower thinkers and promote freedom, but it can also provide a platform for anonymous spewers of hatred and misinformation in all its forms. The question of who is responsible for … Continue reading "Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

239

239

Plagiarism Today

AUGUST 14, 2023

A recent lawsuit details a years-long scheme to cheat on certification tests for crane operators that involved hundreds of candidates. The post Hundreds of Crane Operators Accused of Cheating on Exams appeared first on Plagiarism Today.

Plagiarism 218

Plagiarism 218

Likelihood of Confusion

AUGUST 15, 2023

For now. It was exciting last Friday, arguing the appeal of the THE SLANTS*, at the Court of Appeals for the Federal Circuit! A little too exciting, so much so. The post This is the last SLANTS song I’ll ever sing for you appeared first on LIKELIHOOD OF CONFUSION™.

101

101

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?

Technology

Erik K Pelton

AUGUST 16, 2023

Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand. The post Bold Branding: The Little Touches Make a Big Difference appeared first on Erik M Pelton & Associates, PLLC. Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand.

Branding 130

Branding Brands Branding 130

JD Supra Law

AUGUST 18, 2023

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in intellectual property law and any impact on the legal and business landscapes, potential challenges and opportunities, possible legislative reforms, and more.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Patent Business 98

The IP Law Blog

AUGUST 17, 2023

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC , and affirmed the trial court’s ruling that Instagram, a social media platform, could not face liability for secondary infringement under the “Server Test” because plaintiffs could not prove infringement of their copyrighted

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

Erik K Pelton

AUGUST 15, 2023

Scam alert from NTPS! This looks essentially identical to past scams, but with a new “name” from NTPS or ntp-register.com and a new address at 306 Exchange Blvd, Ste 400-17, Bethlehem, GA 30620. The offer asks for $1,450. The address appears to be a UPS Store. These “publication” offerings are worthless. For more, see the Trademark Scam Decision Tree.

Trademark 130

Trademark Reporting 130

IP Law 360

AUGUST 18, 2023

Federal Circuit Judge Pauline Newman and colleagues she claims launched an unconstitutional investigation against her told a D.C. federal judge Friday that mediation was "unsuccessful" and they should proceed with litigation.

Litigation 98

Litigation 98

Plagiarism Today

AUGUST 16, 2023

Judge agrees to judgement in Internet Archive case, X seeks dismissal of copyright lawsuit and SportsBay hit with massive damages. The post 3 Count: SportsBay Millions appeared first on Plagiarism Today.

Plagiarism 207

Plagiarism Copyright Publishing 207

Advertiser: IPO

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.

Patent

JD Supra Law

AUGUST 18, 2023

Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving regulatory frameworks. Regulatory frameworks can complicate the already complex problem of innovation in software and can often run roughshod over the distinctions between software, artificial intelligence, machine learning, and deep learning.

Patent 98

Patent 98

Erik K Pelton

AUGUST 14, 2023

We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv ! The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. Take a look and subscribe on YouTube, and leave us a comment on your favorite one! We post at least one new video a week, usually more.

Trademark 130

Trademark Registration Litigation 130

SpicyIP

AUGUST 16, 2023

Image from here. FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand. On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety.

Registration 98

Registration Settlement Branding Brands 98

Plagiarism Today

AUGUST 17, 2023

SoundExchange files lawsuit against SiriusXM, Carin Leon's former manager sues distributor, and the New York Times considering AI lawsuit. The post 3 Count: Sirius Business appeared first on Plagiarism Today.

Business 204

Business Plagiarism Music Licensing 204

IP Watchdog

AUGUST 15, 2023

In the high-stakes world of global competition, China is emerging as a key battleground, making the protection of intellectual property rights more crucial than ever. With its recent revisions to its patent enforcement and damages laws, China took a decisive step towards a more rigorous patent system that favors patentees, both domestic and foreign.

Patent Law 98

Patent Law Law Intellectual Property Patent 98

Velocity of Content

AUGUST 15, 2023

Researchers, institutions, funders, and publishers face many metadata challenges across the research lifecycle. For example, it can be difficult for authors in the scholarly communications ecosystem to easily find collaborators, identify potential conflicts of interest, authenticate to content, and secure open access funding. To help address this issue, CCC and  Media Growth Strategies  collaborated to study metadata management.

Blogging 98

Blogging Reporting Publishing Designs 98

JD Supra Law

AUGUST 15, 2023

“Taco Tuesday" was a registered trademark since 1989 and was owned by Taco John’s, a Wyoming-based fast food restaurant chain. Over the years, it became a popular, commonly-used phrase, with many Mexican restaurants promoting their Taco Tuesday specials.

Trademark 98

Trademark Registering Trademarks 98

Plagiarism Today

AUGUST 15, 2023

After being open for five years, the literature analytics service Prosecraft became the target for author backlash. Was AI truly to blame? The post AI and the Battle Over Prosecraft appeared first on Plagiarism Today.

Plagiarism 202

Plagiarism Copyright 202

SpicyIP

AUGUST 18, 2023

Image from here On August 16, the Delhi High Court passed an order in Sun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals which is sure to have caught the attention of trademark lawyers. The court refused to grant an interim injunction to the plaintiff despite finding that the defendant had infringed the plaintiff’s mark. The court reasoned this by holding that prima facie trademark registration seems invalid, questioning the veracity of the registration order by the Trademark Registry and

Trademark 98

Trademark Registration 98

Velocity of Content

AUGUST 18, 2023

A federal court has approved a consent judgment in the long-running copyright infringement case filed by four publishers against the Internet Archive over its scanning and lending of library books. The consent judgment provides for a stipulated permanent injunction preventing the Internet Archive from offering unauthorized copies of the Plaintiffs’ books to the global public.

Publishing 92

Publishing Copyright Infringement Copying Copyright 92

IP Law 360

AUGUST 18, 2023

Vermont Law School can use barriers to conceal a controversial mural depicting the state's role in the Underground Railroad, the Second Circuit ruled Friday, rejecting claims by the painter that his work has effectively been destroyed.

Law 98

Law 98

Plagiarism Today

AUGUST 15, 2023

Judgement entered in Internet Archive case, Netflix settles Stranger Things lawsuit and Sony settles its case with Triller. The post 3 Count: Non-Final Judgement appeared first on Plagiarism Today.

Plagiarism 201

Plagiarism Settlement Publishing Music 201

JD Supra Law

AUGUST 16, 2023

In today’s digital landscape, organizations face numerous cybersecurity threats that can compromise their valuable digital assets, including their data, IT infrastructure, networks, software, and intellectual property (IP). To protect client data and these other digital assets, businesses must take a comprehensive approach that encompasses legal protections as well as technical and practical considerations.

Intellectual Property 98

Intellectual Property Law IP Business 98

IP Watchdog

AUGUST 13, 2023

The past year has provided decades' worth of developments across law and policy in the areas of artificial intelligence (AI) and machine learning (ML) technologies. If 2022 was the breakthrough year for accessible AI, then 2023 can so far be deemed as the first year of likely many more to come in the era of an AI inquisition. “After years of somewhat academic discourse,” reflects Dr.

Copyright Infringement 98

Copyright Infringement Copyright Law Litigation Copyright 98

TorrentFreak

AUGUST 12, 2023

As the Internet Archive continues to deal with an adverse ruling in a copyright infringement lawsuit filed by the world’s largest publishing companies, late Friday some of the world’s largest record labels launched similar legal action in the United States. Filed in Manhattan federal court, the complaint lists UMG Recordings, Capitol Records, Concord Bicycle Assets, CMGI Recorded Music Assets, Sony Music and Arista Music as plaintiffs, with Internet Archive (IA), founder Brewster Kah

Copyright 98

Copyright Cease and Desist Music Copying 98

Plagiarism Today

AUGUST 17, 2023

Francesca Gino, a prominent Harvard professor, has filed a $25 million lawsuit against her school and three researchers alleging defamation. The post Embattled Harvard Researcher Sues School and Accusers appeared first on Plagiarism Today.

Plagiarism 196

Plagiarism 196

JD Supra Law

AUGUST 14, 2023

The impact of generative artificial intelligence (AI) is unsurprisingly significant in the field of education, with some teachers and professors responding by instituting oral examinations, handwritten essays, or requiring that first drafts of written material can only be composed on "locked down" computers with no access to AI tools. But as the education system (as just one example) is wrestling with the implication of these tools, so is the legal community.

98

98

IP Law 360

AUGUST 17, 2023

The past week in London has seen legal insurance provider Legal Protection Group sue HDI Global, Rosling King LLP hit with a claim from the property developers who accused their son-in-law of defrauding their company, and T.V. presenter Gabby Logan bring legal action against the Daily Mail’s parent company. Here, Law360 looks at these and other new claims in the U.K.

Litigation 97

Litigation Law 97

TorrentFreak

AUGUST 16, 2023

Generative AI models such as ChatGPT have captured the imaginations of millions of people, offering a glimpse of what an AI-assisted future might look like. There is little doubt that generative AI will lead to new breakthroughs, some with the potential to revolutionize many aspects of day-to-day life. At the same time, AI is causing grave concerns within the copyright industries.

Publishing 98

Publishing Copyright Government Reporting 98

Plagiarism Today

AUGUST 14, 2023

Music labels sue Internet Archive over music library, Google negotiating with Universal over AI music and photo agencies want AI protection. The post 3 Count: Music Archive appeared first on Plagiarism Today.

Music 195

Music Plagiarism Copyright 195

JD Supra Law

AUGUST 14, 2023

An AI-synthesized bop went viral recently when Drake and The Weeknd seemingly collaborated to sing “Heart On My Sleeve.” In response to the track taking the internet by storm, music industry giant Universal Music Group (“UMG”) sent urgent letters to streaming platforms, including Spotify and Apple Music, asking them to block AI companies from collecting melodies and lyrics from copyrighted songs to create new AI-generated songs, citing a “moral and commercial responsibility” to prevent.

Music 98

Music Copyright 98

The TTABlog

AUGUST 14, 2023

In this consolidated opposition proceeding involving, inter alia , Applicant Coulter Venture's mark MONSTER LITE for weight lifting equipment, the parties served four expert reports: an initial report by Monster ("MEC"), a rebuttal report by Coulter, a sur-rebuttal report by MEC, and then a sur-sur-rebuttal report by Coulter. The Board granted MEC leave to serve its sur-rebuttal repor, but limited it to a critique of Coulter's report.

Reporting 97

Reporting Trademark Copyright 97

TorrentFreak

AUGUST 14, 2023

Following its launch in 1992, Lux Vide established itself as one of the most successful TV production companies in Italy. With Netflix, Amazon Prime and Sky deals under Lux Vide’s belt, in March 2022 TV giant Fremantle (X Factor, Got Talent) acquired 70% of Lux Vide leading to recent investment and expansion. Lux Vide has also recently emerged from an extended copyright lawsuit, one that predates the coronavirus pandemic.

Television 97

Television Reporting Advertising Advertising 97

SpicyIP

AUGUST 18, 2023

Image from here Those familiar with IP litigation in India would know the significance of obtaining an interim injunction since that “interim” period is often so long that it can end up having significant commercial value as well! And while there have been numerous instances where the courts have looked past their obligations to pass reasoned orders while granting interim relief, I recently came across an interesting order from the Delhi High Court where the court denied the relief which the pla

Government 94

Government Litigation Patent IP 94

JD Supra Law

AUGUST 18, 2023

Why should you rely on trade secrets when other forms of intellectual property protections are available? And exactly how much effort and money should a business expend for safeguarding those secrets? The other intellectual property branches of copyrights and patents afford authors and inventors exclusive rights to their creations. However, not all creations are best fit for publication as is required for both patent and copyright protection.

Business 95

Business Intellectual Property Inventor Publishing 95