Sat.Oct 26, 2024 - Fri.Nov 01, 2024

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The Value of a Trademark Registration

Erik K Pelton

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

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Why Thousands of Studies May Be in Copyright Limbo

Plagiarism Today

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.

Copyright 288
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If AI Tramples Copyright During its Training and Development, Should AI’s Output Benefit from Copyright Protection? Part One: Stephen Thaler

Hugh Stephens Blog

” A Recent Entrance to Paradise”, Stephen Thaler (not protected by copyright) One of the ongoing debates about works made with generative AI is whether they qualify for copyright protection. Should they? Let’s consider the essence of copyright. What is its raison d’être? According to the classical European definition, it is to respect the property … Continue reading "If AI Tramples Copyright During its Training and Development, Should AI’s Output Benefit from Copyright Pr

Copyright 147
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Shueisha Hunts Manga Pirates But Needs Google, PayPal & VISA to Assist

TorrentFreak

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.

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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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What Intellectual Property Policy Should Look Like in the Age of AI

IP Watchdog

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.

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3 Count: No Guidance

Plagiarism Today

Chris Brown and Drake sued over No Guidance, LAION wins AI copyright case and CJEU rules all chairs get equal protection. The post 3 Count: No Guidance appeared first on Plagiarism Today.

More Trending

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Men Arrested For Transcribing Godzilla Minus One, Posting Details to a Website

TorrentFreak

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.

Fair Use 128
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Intel’s EUR 1 Billion Fine Overturned: ECJ’s Landmark Ruling

JD Supra Law

On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 billion fine on Intel for the abuse of a dominant position on the x86 Central Processing Units (CPUs) market, specifically through the use of exclusivity rebates granted to several computer manufacturers.

Marketing 121
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What Does Copyright Have to Do With McFlurries?

Plagiarism Today

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.

Copyright 232
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Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

The IPKat

One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that of Phoenix’s “Joker” inside a lift. Let’s imagine a situation in which the user of a generative Artificial Intelligence (AI) model inputted the following prompt: “Create an image of Joaquin Phoenix Joker movie, 2019, screenshot from a movie, movie scene.

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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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Geoblocking measures sufficient to prevent a “communication to the public”? The CJEU gets a second chance

Kluwer Copyright Blog

Photo by Markus Spiske on Unsplash Once again, the Court of Justice of the European Union (CJEU) has been asked to provide clarity on the concept of “communication to the public” as laid down in article 3 of the 2001 Copyright in the Information Society Directive (InfoSoc Directive). On 20 September 2024, the Dutch Supreme Court referred preliminary questions to the CJEU regarding the legal implications of geoblocking in the context of the right to communication to the public.

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I'm Not Dead Yet! NYT Connections Puzzle Snafu and How to Prevent Genericide 

JD Supra Law

Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your brand becomes so famous that the trademark becomes synonymous with the product category. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Branding 118
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3 Count: Something Fishy

Plagiarism Today

The US Copyright Office finalizes new DMCA exemptions and Rhode Island bar sued over unlicensed karaoke tracks. The post 3 Count: Something Fishy appeared first on Plagiarism Today.

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Tech Companies Flag Piracy Blocking as Threat to the Open Internet & Digital Trade

TorrentFreak

Every year the office of the United States Trade Representative (USTR) publishes the National Trade Estimate Report on Foreign Trade Barriers. The report is compiled based on input from key industry players. This includes submissions from copyright industry groups, such as the MPA , that frequently highlight piracy challenges. Most rightsholders would like foreign countries to strengthen their online piracy efforts and policies, by implementing institutionalized piracy blocking schemes, for exam

Reporting 118
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Bologna Court of Appeal confirms that Italian image rights extend to cultural heritage assets (which cannot be used commercially without authorization)

The IPKat

The Duke's Aceto Balsamico di Modena. Over the years, The IPKat has reported on the growing body of case law issued by Italian courts concerning the extent to which the Italian Cultural Heritage Code (ICHC) prevents the use of assets belonging to the rich Italian cultural heritage without securing the prior authorization of competent administrative authorities.

Artwork 114
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Honeywell Asserts Barcode-Scanning Patents Against Scandit AG

JD Supra Law

Swiss company Scandit AG created an application called ShelfView, which enables retailers to verify the prices of various products and ensure that associated promotions are correctly updated. The application utilizes barcode scanning, optical character recognition, and augmented reality to analyze a store’s current inventory and make recommendations on any needed adjustments.

Privacy 112
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3 Count: Default Strategy

Plagiarism Today

German pirate IPTV operators sentenced, MPA pushes for stronger AI regulation, and Gigi Hadid defaults on a photography lawsuit. The post 3 Count: Default Strategy appeared first on Plagiarism Today.

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MPA Escalates Pirate Site Blocking in Philippines, Targeting Sflix and Myflixer

TorrentFreak

It’s no secret that the Motion Picture Association ( MPA ) has anti-piracy tentacles all over the world. The group, which is backed by Hollywood, Netflix, and Amazon, is actively involved in enforcement and policy efforts in dozens of countries. The MPA’s work mostly takes place behind the scenes, but the results are hard to miss. This includes the Philippine pirate site blocking program, which officially launched in January this year.

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Debunked: USPTO Findings Should End False Pharma Patent Narratives

IP Watchdog

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.

Patent 114
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Patent Poetry: 2 Live Crew Heirs Win Right to Reclaim Music

JD Supra Law

Luther Campbell, the former leader of 2 Live Crew, and the heirs of two other group members have won a legal battle over the rights to the group’s music. Lil’ Joe Records, owned by Joseph Weinberger, bought the group’s catalog in 1996 as part of Campbell’s bankruptcy proceedings.

Music 112
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5 Copyright Battles Over Halloween Masks

Plagiarism Today

With Halloween coming up, we are taking a look at five copyright battles fought over masks, in particular Halloween masks. The post 5 Copyright Battles Over Halloween Masks appeared first on Plagiarism Today.

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MPA is Concerned About Plans to ‘Outlaw’ Password Sharing Restrictions

TorrentFreak

Over the past few years, Brazil has worked hard to combat the online piracy problem from various angles. The “Operation 404” campaigns, in particular, have led to numerous takedowns and arrests, with the most recent wave completed last month. The seventh installment of the Government-backed anti-piracy sweep, details of which were released in September , took down 675 pirate sites, 14 apps, and led to nine arrests.

Contracts 112
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The morality (and patentability) of inventions derived by immoral means (T 2510/18)

The IPKat

Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections related not to the direct exploitation of the invention itself, but to the alleged dishonesty and breach of trust associated with how the invention was de

Invention 108
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Key Policy Work for Intellectual Property Owners at ICANN81

JD Supra Law

Virtual and in-person attendees at the upcoming ICANN81 Annual General Meeting in Istanbul, Türkiye can look forward to a busy and engaging event from Nov. 9-14.

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Embio Ltd. v. Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation

SpicyIP

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.

Invention 105
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Mysterious “Theater” Rips Cause Excitement in Piracy Circles

TorrentFreak

Movie piracy continues to present problems for Hollywood. When films are released on streaming platforms, they are copied and shared online almost immediately. There’s one type of piracy that’s particularly concerning, however. That’s when a film leaks online before it’s widely available through commercial channels. The problem isn’t new.

Cinema 110
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Life Sciences Masters Panelists Say USPTO’s Controversial Anti-Pharma Rules are Unlikely to Progress

IP Watchdog

During IPWatchdog’s Life Sciences Masters program, which is taking place this week from Monday to Wednesday, panelists on the one hand breathed a sigh of relief that certain rule proposals considered most destructive to the industry seem unlikely to move forward, but on the other, lamented the overall negative tenor of the public debate around pharmaceutical patents today.

Patent 103
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The New Rubric for Obviousness-Type Double Patenting

JD Supra Law

The basis for obviousness-type double patenting (ODP) is found in 35 U.S.C. § 101, establishing an applicant is entitled to a single patent, “a patent” or the “first” patent, for an invention.

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Subjecting Free Speech to “Hero Worship”? Delhi High Court Passes Overbroad Injunction Order in Vishnu Manchu Case

SpicyIP

Poster for Vishnu Manchu starer action film “Rowdy” Image from here. [This post is co-authored with SpicyIP Intern Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Long post ahead.

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Livehd7 Sports Piracy Network Shut Down By ACE, But Not For the First Time

TorrentFreak

Since its inception in 2017, the Alliance for Creativity and Entertainment has built a reputation for targeting online piracy operations regardless of scale and no matter where they operate. Obtaining pirated content, whether movies, TV shows, or live streams of broadcast TV, has been a global consumer phenomenon for years. Yet despite significant civil lawsuits, arrests, and criminal prosecutions, a well-financed and centralized global enforcement strategy against suppliers and distributors, is

Branding 108
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2nd Circ. Agrees Ed Sheeran Didn't Rip Off 'Let's Get It On'

IP Law 360

A Second Circuit panel on Friday said Ed Sheeran's hit "Thinking Out Loud" did not rip off Marvin Gaye's Motown classic "Let's Get It On," affirming a lower court's summary judgment order that concluded the musical building blocks of Gaye's song were not original enough to be protectable.

Music 98
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It’s No Longer a Secret: Generative AI Can Help Secure and Protect Intellectual Property Innovation Exploration

IP.com

In the era of fast-paced technological advancement, the integration of AI in the intellectual property (IP) lifecycle is transformative. Companies now use generative AI tools to streamline innovation, expedite the patenting process, and generate unique ideas while ensuring the confidentiality of valuable IP assets. The rise of secure, responsible AI applications is reshaping how organizations approach patent exploration and IP generation, particularly in environments where safeguarding proprieta

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SpicyIP Weekly Review (October 21-October 27)

SpicyIP

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

Trademark 103
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Pirate IPTV’s ‘Breaking Bad’ Headteacher Risked More Than Most, Paid the Price

TorrentFreak

Having covered hundreds of arrests and dozens of convictions for piracy-related offenses over the years, news of another person going to prison is nothing out of the ordinary. See enough of these reports and in theory the impact will start to diminish. In the media, the one-size-fits-all portrayal of those convicted can at times blur any number of cases into one.

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Jury Awards Synopsys $550K In IP Suit Against Software Rival

IP Law 360

A California federal jury has awarded software company Synopsys Inc. nearly $550,000 in damages after its competitor, Real Intent Inc., was found to have breached contractual agreements by copying certain commands from Synopsys' software — but the defendants' counsel considers the damages award a victory.

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