Sat.Dec 30, 2023 - Fri.Jan 05, 2024

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When Can Two Identical Brand Names Coexist

Erik K Pelton

The following is an edited transcript of my video When Two Identical Brand Names Coexist People often have the mistaken impression that a trademark has to be completely unique in the universe. That would have a real limiting effect on the number of brands that are out there because Apple, for instance, is in the name for many businesses. There’s Apple the computer and iPhone maker, and Apple Records and many other businesses that have Apple in the name that are in different industries or f

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Harvard President Claudine Gay Resigns

Plagiarism Today

Harvard President Claudine Gay has resigned her position following a month-long plagiarism scandal that could have easily been avoided. The post Harvard President Claudine Gay Resigns appeared first on Plagiarism Today.

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When Giants Wrestle, the Earth Moves (NYT v OpenAI/Microsoft)

Hugh Stephens Blog

Image:www.shutterstock.com There is no better way to start out the New Year, 2024, with a commentary on Artificial Intelligence (AI) and copyright. It was the big emerging issue in 2023 and is going to be even bigger in 2024.

Copyright 296
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AI and Copyright in 2023: In the Courts

Copyright Alliance

On January 3, we published part one of this blog series summarizing the biggest copyright-related AI activities that took place within the federal government. In today’s post, we pick back […] The post AI and Copyright in 2023: In the Courts appeared first on Copyright Alliance.

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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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Trademark Lawyers Have Trademarks Too

Erik K Pelton

Brand protection is our business—and that includes our own brand. Erik shares a recent trademark registration our firm received for one of our own logos in this podcast. The post Trademark Lawyers Have Trademarks Too appeared first on Erik M Pelton & Associates, PLLC. Brand protection is our business—and that includes our own brand. Erik shares a recent trademark registration our firm received for one of our own logos in this podcast.

Trademark 130
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3 Count: Scary Mouse

Plagiarism Today

Law firm sues competitor over copied brief, pirate site closure was exaggerated, and a horror game based on Steamboat Willie is announced. The post 3 Count: Scary Mouse appeared first on Plagiarism Today.

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A Look Ahead: Key Intellectual Property Legal Topics in 2024

JD Supra Law

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. By: Wolf, Greenfield & Sacks, P.C.

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Resolving GenAI copyright infringement questions: 4 court decisions

Barry Sookman

Introduction The question as to whether the generative AI (GenAI) systems and their use infringes copyright is a hotly debated one, with no fewer than 12 proposed class actions and 3 lawsuits in the United States and one in the United Kingdom already focused on resolving this question. The question is a central one for the creative community as well as for the GenAI platforms and, as the recent suit involving the New York Times against Open AI and Microsoft shows, it is permeated with significan

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Why The New York Times AI Case is Different

Plagiarism Today

The New York Times recently sued both OpenAI and Microsoft. Here's why their case is different, and likely stronger, than many others. The post Why The New York Times AI Case is Different appeared first on Plagiarism Today.

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All DMCA Notices Filed Against TorrentFreak in 2023 Were Bogus

TorrentFreak

Any content creator who sees their work being used by unauthorized third-parties can file DMCA notices against platforms communicating that content to the public. Platforms should respond by taking allegedly-infringing content down but in practice, some do and some don’t. Full-blown pirate sites may not respond to notices at all for obvious reasons but some entirely legitimate platforms also refuse to comply in appropriate circumstances.

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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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Plagiarism Police come for Winston & Strawn

Patently-O

Hsuanyeh Law Group v. Winston & Strawn , 23-cv-11193 (S.D.N.Y. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attor

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Apple Watch Imports (Possibly) Banned By The Itc: What Patent Owners Need To Know

JD Supra Law

Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California.

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Law Firm Sues Competitor Over Copied Brief

Plagiarism Today

A law firm has filed a lawsuit against a competitor alleging copyright infringement over a copied brief, testing both ethical and legal norms. The post Law Firm Sues Competitor Over Copied Brief appeared first on Plagiarism Today.

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Examining Upcoming Changes to the Implementing Regulations of the Chinese Patent Law

IP Watchdog

Recently, amendments to the Implementing Regulations of the Chinese Patent Law were issued and will take effect from January 20, 2024. The Regulations align with the revisions made to the Patent Law in 2020 and provide further guidance. The main changes to the new Regulations, as compared with the 2010 version of the Regulations, can be summarized as follows.

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Silenzio! ‘Anna’s Archive’ Shadow Library Blocked Following Publishers’ Complaint

TorrentFreak

Over the past decade, platforms including Sci-Hub, Libgen and Z-Library have broken through a sea of movie, TV show, music and similarly unlicensed platforms to take their own places on the piracy front lines. In 2022, a platform called Pirate Library Mirror appeared on the scene, courting controversy right from the start after obtaining a full copy of Z-Library before the site’s legal troubles began. “We deliberately violate the copyright law in most countries.

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Five New Year resolutions for trademark owners in 2024

JD Supra Law

Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed throughout the year. Now is the perfect time for a check-up on the status of your company’s brands.

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3 Count: Leaky Data

Plagiarism Today

Zayn Malik seeks dismissal of lawsuit, Italian government orders blockade of Anna's Archive and streaming music converter leaks user data. The post 3 Count: Leaky Data appeared first on Plagiarism Today.

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Seattle Metropolitans Hockey Owner Sues NHL’s Kraken Over Jersey Logos

IP Watchdog

On December 27, less than one week before the National Hockey League’s (NHL) Seattle Kraken defeated the Vegas Golden Knights in the 2024 Winter Classic, a lawsuit was filed in the Western District of Washington against the Kraken. The lawsuit alleges that Seattle’s NHL franchise wore an infringing jersey during the Winter Classic, and has sold infringing merchandise, after shutting out the legitimate business interests of a passionate Seattle-area fan who revived that city’s championship legacy

Business 111
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Don’t say it! SUPER BOWL®, that is.

Likelihood of Confusion

I don’t watch a lot of TV — don’t even have one, actually. And I only raise the topic because that is my excuse for missing this epochal commercial riffing. The post Don’t say it! SUPER BOWL®, that is. appeared first on LIKELIHOOD OF CONFUSION™.

Fair Use 105
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2023 in Review: RARBG, Zoro, Z-Library, Flawless, IPTV and AI

TorrentFreak

The new year can’t start without reflecting the current one; looking back at the major stories of the past months. For writers and readers, the news often passes by, with major headlines swiftly fading into the background. At times like these, it’s good to realize that, for people who are featured or closely involved, those events are often life-altering.

Copyright 106
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3 Count: Self Strike

Plagiarism Today

RCN faces another copyright lawsuit, New Japan Pro Wrestling files takedown against themselves and Steamboat Willie horror film announced. The post 3 Count: Self Strike appeared first on Plagiarism Today.

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Copyright Office Proposes Group Registration Option for News Sites

IP Watchdog

The U.S. Copyright Office issued a Notice of Proposed Rulemaking in the Federal Register today offering a new group registration option for frequently updated news websites. According to the Federal Register Notice (FRN), the option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.

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Apple of your eye

Likelihood of Confusion

Have you ever been to an Apple Store? I have, and I found it a painful experience. But that was only because I was at least 20 years older than. The post Apple of your eye appeared first on LIKELIHOOD OF CONFUSION™.

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DNS Block: Canal+ Sues Cloudflare, Google & Cisco to Fight Piracy

TorrentFreak

The music industry obtained a pioneering injunction to compel Danish ISPs to implement site-blocking measures back in 2006. The goal was to limit access to unlicensed Russian music download platform AllofMP3, but the action also represented the thin end of a site-blocking wedge still being tapped in today. Broadcaster and site-blocking proponent Canal+ believes that when service providers implement technical measures to prevent access to pirate sites, that helps to reduce piracy rates.

Reporting 107
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SpicyIP Weekly Review (December 25- December 31)

SpicyIP

[This post has been co-authored with SpicyIP intern Jyotpreet Kaur. Her previous posts can be found here. ] Wishing our readers a very happy and healthy new year ahead. As we bid adieu to 2023, let’s take account of the interesting developments that we came across last week. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India.

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Copyright Office Issues FRN on Group Registration Option for News Sites

IP Watchdog

The U.S. Copyright Office issued a Notice of Proposed Rulemaking in the Federal Register today offering a new group registration option for frequently updated news websites. According to the Federal Register Notice (FRN), the option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.

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AI and Copyright Law in 2023: Federal Government Activities

Copyright Alliance

2023 was an extremely busy year for artificial intelligence (AI). That was especially true for copyright issues related to AI, which sparked several Congressional hearings, a study by the U.S. […] The post AI and Copyright Law in 2023: Federal Government Activities appeared first on Copyright Alliance.

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Lithuania’s €140 Piracy ‘Fines’ Will Pay Off, Lawyer Says

TorrentFreak

While streaming piracy dominates in many parts of the world, quite a few Lithuanians prefer sharing content using BitTorrent instead. Private torrent tracker Linkomanija is often the top choice. The site has been around for two decades and has weathered many storms, including a high-profile lawsuit from Microsoft. The tracker’s users have also been called out repeatedly.

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Identifiers, Metadata, and Shared Infrastructures Bolster Research Integrity

Velocity of Content

This piece originally appeared in Research Information. Re-published with permission. With the Retraction Watch database hitting almost 50,000 items and an ever-growing number of high-profile research misconduct cases , questions around the veracity of published research findings are becoming uncomfortably common. Verifying the accuracy of published research is a meticulous and rigorous process.

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What To Know About The NYT Suit Against Microsoft, OpenAI

IP Law 360

The copyright infringement complaint The New York Times filed against Microsoft and OpenAI alleging that the companies ripped off millions of its articles to train ChatGPT came after the newspaper tried for months to negotiate a licensing agreement, according to the suit.

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In re Tam – Simon Tam’s Response to the PTO’s Petition for a Writ of Certiorari and grant of cert news

Likelihood of Confusion

The Supreme Court granted the PTO’s request for cert in In re Tam (the “Slants case”). Here’s a good summary of the case and our position by our co-counsel, Eugene Volokh. The post In re Tam – Simon Tam’s Response to the PTO’s Petition for a Writ of Certiorari and grant of cert news appeared first on LIKELIHOOD OF CONFUSION™.

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Pro-Plex News Articles on Facebook Deleted By Markscan On Behalf of Plex

TorrentFreak

On January 1, 2024, TorrentFreak published a review of the wrongful DMCA notices filed against us in 2023, either directly via email or at Google demanding deindexing of our articles. Our small request for 2024 was not unreasonable: stop sending us bogus copyright notices. At the start of 2023, anti-piracy outfits managed to leave us alone for almost three weeks but this year couldn’t manage 24 hours.

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Ringgold and the FAIR Principles: How Ringgold Data and Metadata are Findable?

Velocity of Content

The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines. The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). FAIR enables the use of data and metadata for a wide range of use cases and without it, data is not consumable in a way that is needed to build upon research, to make it reproducible, or to provide it as a tru

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Patent Litigation Trends To Watch In 2024

IP Law 360

A new venue for patent disputes in Europe, potential legal wrangling over the role of artificial intelligence in developing inventions, and continued scrutiny of how litigation funding impacts patent cases are among the litigation topics attorneys will be closely tracking this year.

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What Every Multinational Company Needs to Know About.Implementing an International Compliance Program (Part III)

JD Supra Law

We have received several requests for a list of the compliance policies that make sense for every multinational company. So, as a follow-up to our earlier two posts providing “twelve steps to international compliance” (see here and here), we thought we would add Part III, covering the core compliance policies that we commonly see at multinational companies.

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