Sat.Dec 07, 2024 - Fri.Dec 13, 2024

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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 243
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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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CanLII v CasewayAI: Defendant Trots Out AI Industry’s Misinformation and Scare Tactics (But Don’t Panic, Canada)

Hugh Stephens Blog

Image: Pixabay Last month I highlighted the first AI/Copyright case in Canada to reach the courts, CanLII v CasewayAI.

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CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions

The IPKat

IPKat-approved vertical direct effect As students of EU law know, a key principle which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos is that of direct effect of EU law. Insofar as EU directives are concerned, they do not produce any horizontal direct effect. This means that they cannot be relied upon in private-party proceedings and do not impose obligations on individuals.

Copying 128
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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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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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Trademarks for Beginners

Erik K Pelton

New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode. The post Trademarks for Beginners appeared first on Erik M Pelton & Associates, PLLC. New to the trademark registration process? Erik shares top tips to help you go from beginner to expert in this episode.

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Insights From Court Orders in AI Copyright Infringement Cases

Copyright Alliance

There are now well over thirty lawsuits that have been filed by copyright owners in U.S. federal court against AI companies, accusing them of direct copyright infringement for using copyrighted […] The post Insights From Court Orders in AI Copyright Infringement Cases appeared first on Copyright Alliance.

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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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The Year in Intellectual Property Law – 2024 Popular Reads on JD Supra

JD Supra Law

File under: a year-end recap of some of the most widely read IP updates, analysis, and guidance published on JD Supra throughout 2024.

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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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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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Cloudflare Blocks Pirate Site URLs “For Legal Reasons”

TorrentFreak

Cloudflare, a global internet infrastructure company, offers various services to millions of users, including connectivity and privacy tools. While primarily a conduit for internet traffic, Cloudflare occasionally hosts content permanently on its servers. The company’s approach to copyright complaints differs based on the role it plays. If Cloudflare merely passes traffic along (for a website using their CDN), they forward DMCA takedown notices to the actual hosting provider, which is ofte

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3 Count: Quad9 Fight

Plagiarism Today

Musi claims Apple unlawfully removed it from the App Store, Quad9 fights French site blocking and Indian YouTuber ordered to remove videos. The post 3 Count: Quad9 Fight appeared first on Plagiarism Today.

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When (and Where) Does Amazon’s APEX Create Personal Jurisdiction

Patently-O

By Dennis Crouch The Supreme Court will soon consider whether to review what I see as an important Federal Circuit decision finding personal jurisdiction based solely on a patentee's use of Amazon's private patent enforcement system. In Lighting Def. Grp. LLC v. SnapRays LLC , No. 24-524 (petition filed Nov. 5, 2024), Arizona-based LDG submitted a patent infringement complaint against Utah-based SnapPower through Amazon's Washington-based Patent Evaluation Express (APEX) program.

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GAO Report on Third-Party Funding in Patent Cases Indicates Stakeholders Favor Disclosure Requirements

IP Watchdog

On December 5, the U.S. Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. While the GAO was unable to quantify the extent to which third parties are financing and taking an interest in infringement suits due to limited data on the subject, interviews with a range of industry stakeholders reflected mixed views on the impacts of disclosure requirements that could identify conflicts of i

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‘Historic Decision’ to Imprison Pirate IPTV User Smells of Propaganda

TorrentFreak

After investing huge resources into tackling pirate IPTV platforms as significant as the one reportedly taken down last week , a little stagecraft should be as expected when authorities and rightsholders declare victory. Information suggests that the blackout impacted supply across Europe and beyond, so a small amount of window-dressing on the number of users affected and profits generated don’t really have a misleading impact.

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Irish Student Accused of Plagiarism Takes School to Court

Plagiarism Today

A student in Ireland is suing his school over how they handled his plagiarism case. However, it's a warning to all schools to be prepared. The post Irish Student Accused of Plagiarism Takes School to Court appeared first on Plagiarism Today.

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incontestable LIZZIE BORDEN registration + actual confusion insufficient to overcome weight of history, 1st Circuit rules

43(B)log

US Ghost Adventures, LLC v. Miss Lizzies Coffee LLC, No. 23-2000 (1 st Cir. Nov. 15, 2024) The Lizzie Borden House bears a storied history that originates with the still-unsolved murders in 1892 of Lizzie Bordens father and stepmother. Ghost Adventures provides ghost tours and related hospitality services across the United States. It owns a bed and breakfast operated out of the Lizzie Borden House featuring a museum, ghost tours, and kindred activities. bed & breakfast sign Its success dep

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Why Operators Need to Measure Their Own Data!

Christopher Roser

The goal is to have everything relevant easily visible on the shop floor. Ideally, this is through the design of the shop floor as part of visual management. But a lot of other information is hard to see directly and can be shown best through data. Every well-managed shop floor has their different dashboards and.

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Bogus Complaint Disables Itch.io, Google Ignored Same Sender For Years

TorrentFreak

The DMCA takedown procedure may not be perfect but, for those intending to use it, there’s an unambiguous step-by-step process that’s been in place for a quarter of a century. Needless to say, entities that deviate from the established rules can make life difficult for themselves as well as the intended recipients of takedown notices. That includes entities that attempt to use DMCA takedown notices to enforce trademark disputes, or prefer to avoid the DMCA altogether by portraying co

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3 Count: Digital Silence

Plagiarism Today

A major anime pirate site goes silent, a key BitTorrent site goes offline, and breakdancer Raygun gets a parody musical canceled. The post 3 Count: Digital Silence appeared first on Plagiarism Today.

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Trademark Dispute between FEVIKWIK AND KWIKHEAL

IP and Legal Filings

INTRODUCTION A trade mark means, in respect of any products and services, a sign which serves to distinguish in the commercial space the products and services from any legal entity or person entitled to use the sign in its capacity as owner of the sign. The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks.

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[Audio] Driving Towards Greater Transparency and Sustainability in the EV Market with Davide Giacobbe and ScoutIt

JD Supra Law

Could the future of electric vehicle adoption hinge on our ability to accurately assess the health of EV batteries? On todays episode of Founder Shares, Davide Giacobbe, CEO of ScoutIt, shares his journey from automotive engineer at Lamborghini to founder of a startup tackling one of the biggest challenges in the electric vehicle marketbattery health transparency.

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Piracy Shield Blacks Out Tech News Site by Blocking Another CDN IP

TorrentFreak

After a series of completely avoidable incidents that have seen countless innocent sites blocked by Italy’s Piracy Shield blocking system, at this point is it appropriate to keep calling them ‘blunders’? Continuing to do so might suggest acceptance that incompetence is always to blame. In reality, recent legal amendments addressed the issue of overblocking by dramatically weakening what little protection innocent sites had against becoming collateral damage.

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3 Count: Vibe Check

Plagiarism Today

Second Circuit rejects Thinking Out Loud appeal, Netflix's Don't Look Up sued again and TikTok influencers fighting over fashion. The post 3 Count: Vibe Check appeared first on Plagiarism Today.

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A Court’s Inherent Authority is Not to Be a Broad Reservoir of Power

IP Watchdog

On December 6, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in PS Products Inc. v. Panther Trading Co. Inc. that appears to allow a district court to sanction under its inherent authority when the sanctionable conduct is arguably covered by a specific rule. The facts of the case are not helpful for the sanctioned parties, PSP, and likely led to this outcome.

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Social Links: If the Suit Fits

JD Supra Law

Character Technologies has been hit with two lawsuits, including a wrongful death suit (among other claims), in less than two months over its popular Character.ai chatbot. The first was filed in the U.S. District Court for the Middle District of Florida (Garcia v. Character Technologies Inc.) by the mother of a Florida teenager who tragically committed suicide after the chatbot allegedly encouraged the child to do so.

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Cox to Appeals Court: DMCA Subpoenas Don’t Apply to Us, Period

TorrentFreak

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 dont require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party internet services where the infringing material is shared or stored.

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3 Count: Bungie Bitcoin Battle

Plagiarism Today

Musicians side with Internet Archive in legal battle, Bungie targets Bitcoin wallet and a new piracy crackdown in the UK. The post 3 Count: Bungie Bitcoin Battle appeared first on Plagiarism Today.

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Strengthening the Education System: Legal Reforms Needed to Address Examination Integrity

IP and Legal Filings

INTRODUCTION The integrity of examination systems is crucial to ensure that education performs its basic function: to arm the student with knowledge and skills measured fairly. In the last few years, malpractices in examinations have created an alarming situation that has made it imperative to seek legal amendments to strengthen the educational system.

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Cybersecurity Litigation Strategies: Jurisdiction

JD Supra Law

This article is the second in our series on patent litigation strategies for cybersecurity companies. It expands on Tactic #1, Challenge the courts jurisdiction, from our earlier article, Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims..

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Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Alexandra J. Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an outsized effect on the law around online content creation.

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SpicyIP Weekly Review (December 2 – December 8)

SpicyIP

Here is our recap of last weeks top IP developments including summaries of the posts on Madras HC’s setting aside another IPO order for being unreasoned, the use of name of the late singer M.S. Subbulakshmi on an award posthumously against the expressions in her will, and the Swiss Senate approval of FTA with India. This and a lot more in this weeks SpicyIP Weekly Review.

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Italian language trade marks raise tough questions again in Australia

The IPKat

Ten years after the well-known decision in Cantarella Bros v Modena Trading , the Federal Court of Australia has engaged with another case about the consumer understanding of trade marks with Italian language elements. On Friday, the Full Court delivered its judgment in Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156. In assessing the infringement claims and the cross-claims for invalidity, the Federal Court found that Australian consumers would not understand the word "me

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New Year, New Fee Schedule for Trademarks at the USPTO - Big Changes to Application Fees

JD Supra Law

Our colleagues previously reported on the United States Patent and Trademark Offices (USPTO) patent fee schedule for 2025, and we now take this opportunity to provide you with our insights on the USPTO trademark fee schedule for 2025. The Final Rule with updated fee schedule will go into effect on January 18, 2025.

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Musi Decries Apple’s App Store Removal: A “Backroom Scheme” with Music Industry

TorrentFreak

In October, Musi filed a lawsuit against Apple after the company removed the music streaming app from the App Store. Filed at a California federal court, the Musi complaint states that the takedown was unjustified and accuses Apple of breach of contract, among other things. Wasting no time, Musi requested a preliminary injunction to compel Apple to reinstate the music app.

Music 57