Plagiarism Today
NOVEMBER 13, 2024
A new study published in the Harvard Business Review examines the impact of AI systems on human creators. The answers are not encouraging. The post Does AI Replace Human Creators? appeared first on Plagiarism Today.
Erik K Pelton
NOVEMBER 15, 2024
The following is an edited transcript of my video 25 Trademark Application Tips. Choose wisely. Choosing a distinctive creative name is very important. Know about the spectrum of trademarks, which is going to help you choose wisely. Do a clearance search from the beginning before you begin the registration process. Use an attorney. We know that using an attorney leads to better results in general and has many benefits.
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JD Supra Law
NOVEMBER 13, 2024
What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more popular, celebrity athletes and musicians have taken notice and jumped into the game. This is true for both forms of cannabis, including marijuana and hemp.
Patently-O
NOVEMBER 15, 2024
by Dennis Crouch Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. This dramatic rise illustrates both the central role of software in our patent system and the peculiar formalistic requirements that have emerged around software patent eligibility under 35 U.S.C. § 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?
Plagiarism Today
NOVEMBER 12, 2024
Two papers have been retracted after a software company objected to the use of pirated software. Here's what researchers need to watch for. The post Two Studies Retracted for Using Pirated Software appeared first on Plagiarism Today.
Erik K Pelton
NOVEMBER 12, 2024
Top 3 reasons to hire an attorney to file your trademark application. The post Why Filing a Trademark Application Without a Lawyer is a Big Mistake appeared first on Erik M Pelton & Associates, PLLC. Top 3 reasons to hire an attorney to file your trademark application.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Copyright Lately
NOVEMBER 10, 2024
Why a new court win for OpenAI and a tough Supreme Court standard could leave AI copyright claims on shaky ground. A relatively obscure Supreme Court case involving the Fair Credit Reporting Act might seem like an odd fit for the high-stakes world of copyright in the age of artificial intelligence. But it’s time to start paying attention to the Court’s 2021 ruling in TransUnion v.
Plagiarism Today
NOVEMBER 14, 2024
Yes band members sued over Dare to Know, FMovies leader confesses and Shein must face both RICO and copyright claims. The post 3 Count: Dare to Know appeared first on Plagiarism Today.
Erik K Pelton
NOVEMBER 12, 2024
The following is an edited transcript of Chapter 20 of my book video Building a Bold Brand: Details and Timing for Maintaining a Trademark Registration It is critical to docket the deadlines and to properly file for renewal when the time is appropriate. The initial filing after registration is due between the fifth and sixth anniversary of the issuance of the registration certificate.
IP Watchdog
NOVEMBER 12, 2024
Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.
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.
JD Supra Law
NOVEMBER 15, 2024
Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh Circuit held that U.S. trade secret law applies extraterritorially—reaching the theft of trade secrets outside the United States—so long as “an act in furtherance” of the offense was committed in the United States.
Plagiarism Today
NOVEMBER 14, 2024
South Park is not afraid of controversy. However, this time capsule episode about plagiarism in the music industry is very interesting. The post Plagiarism in Pop Culture: South Park appeared first on Plagiarism Today.
TorrentFreak
NOVEMBER 11, 2024
While judicial oversight may be initially unavoidable when site-blocking is first introduced to a country, systems with less friction are strongly preferred. The law that supports Italy’s Piracy Shield system allows for blocking with no judicial oversight. An amendment passed quietly last year now allows rightsholders to block online resources without any input from telecoms regulator AGCOM.
IP Watchdog
NOVEMBER 14, 2024
The Senate Judiciary Committee’s Subcommittee on Intellectual Property held an oversight hearing yesterday in which Register of Copyrights Shira Perlmutter told the Subcommittee members that the Office is still working to get parts two and three of its promised report on Copyright and Artificial Intelligence out by the end of this year.
The IPKat
NOVEMBER 13, 2024
The AmeriKat has the t-shirt.now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. Over to Kate for the report: "The European Patent Office (EPO) has embraced artificial intelligence (AI) to enhance the efficiency of its patent document searching process.
Plagiarism Today
NOVEMBER 13, 2024
Record labels appeal damages decision to Supreme Court. Roblox settles with toymaker, and sports leagues target Google. The post 3 Count: Per Song or Per Album appeared first on Plagiarism Today.
JD Supra Law
NOVEMBER 15, 2024
In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or self-employed) and, under certain conditions, to patent/ trademark attorneys. In-house counsels thus do not benefit from legal privilege in France, regardless of whether they are or were previously qualified and registered as attorneys-at-law.
IP Watchdog
NOVEMBER 11, 2024
Encouraged and abetted by free riders who would benefit unfairly from others’ work, well-intentioned lawmakers and judicial activists have compromised the U.S. patent system, threatening America’s prosperity and national security. But we have the chance to reverse this trend by supporting two bills that will be debated this week in the Senate Judiciary Committee.
TorrentFreak
NOVEMBER 13, 2024
After eight years of unprecedented uptime and reliability, the collapse and eventual demise of pirate streaming giant FMovies looked much like the demise of any other. Cracks first started to emerge in June 2024 when the site stopped updating with new content. A few weeks later in mid-July, FMovies disappeared entirely, without any explanation from its operators or indeed anyone else.
IP Law 360
NOVEMBER 15, 2024
Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.
SpicyIP
NOVEMBER 11, 2024
Image from here Trademark law has an interesting concept—generic disparagement that goes a bit further than general disparagement. In this post, I discuss one such case from the Delhi High Court: Marico Limited vs. Alpino Health Foods Pvt Ltd , where the plaintiff (“Marico”) seemed to take the whole “disparagement” thing a bit too personally (or perhaps, generally).
JD Supra Law
NOVEMBER 11, 2024
There is no shortage of surprises and twists in the decade-long fight over the control of dominant IP in the CRISPR space. The newest one is the self-revocation of two seminal CRISPR patents in Europe by the team led by two Nobel Laureates Emmanuelle Charpentier and Jennifer Doudna (aka “CVC”).
U.S. Department of Commerce
NOVEMBER 13, 2024
Yesterday, U.S. Deputy Secretary of Commerce Don Graves honored the life and legacy of Norman Y. Mineta and officially named the Commerce Department’s auditorium in his honor. Secretary Mineta was the first Asian American to hold a cabinet position, serving at the Commerce Department and Department of Transportation. Held on his birthday, the event celebrated Secretary Mineta’s lifetime achievements and contributions to civil rights, diversity, and public service.
TorrentFreak
NOVEMBER 13, 2024
Pirate site blocking is one of the entertainment industry’s favorite enforcement tools. In recent years, it’s become a common practice in many countries around the world. In the Netherlands, it took over a decade for the first order to be approved. After detours through the Supreme Court and the EU Court of Justice, the final order was issued in 2020, targeting The Pirate Bay.
The IPKat
NOVEMBER 11, 2024
Decisions on the enforcement of abstract colour trade marks are rather rare. This is certainly due to the fact that obtaining protection for such marks is not easy in the first place. Colours are generally considered not to be inherently distinctive. As a consequence, trade mark protection for single colours or colour combinations is limited to well-known colours that have acquired distinctiveness through use.
IP Watchdog
NOVEMBER 14, 2024
During a scheduled markup hearing of three key patent bills today, Senators Thom Tillis (R-NC) and Chris Coons (D-DE) announced they would delay consideration of both Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act), respectively. However, the Inventor Diversity for Economic Advancement (IDEA) Act of 2024 moved forward to the Senate floor.
SpicyIP
NOVEMBER 12, 2024
Discussing the recent controversy around Samsung India’s opposition to it’s workers’ application seeking to register ‘Samsung India Thozhilalar Sangham, under the Trade Union Act, Bharathwaj examines previous instances where trade unions have locked horns with trademark laws and assesses whether the Trademarks Act extends protection to proprietors against the use of their marks in any trade union’s name.
TorrentFreak
NOVEMBER 12, 2024
For most of 2024, major football leagues in Spain and Italy have regularly used the media to criticize and then publicly threaten Google. Rightsholders have always criticized Google but this feels a bit different. More recently, flare-ups have coincided with rightsholders demanding that Google implements new, controversial anti-piracy measures, such as remotely deleting apps from users’ phones.
The IPKat
NOVEMBER 10, 2024
Last month, Advocate General (AG) Szpunar issued his Opinion in case C-575/23 , this being the first request for a preliminary ruling on the interpretation of Directive (EU) 2019/790. The referral, which originates from the Belgium's Supreme Administrative Court [see The IPKat here on the national proceedings], concerns the interpretation of Arts. 18 to 23, which govern fair remuneration in exploitation contracts of authors and performers.
IP and Legal Filings
NOVEMBER 15, 2024
INTRODUCTION With the onset of technological developments throughout the world, Gaming, especially, Online gaming has started getting more attention throughout the world. Earlier, games only included sports or board games like Ludo. After that, the concept of video games came into being, and since then various new and revolutionary developments have been made in this sector.
SpicyIP
NOVEMBER 11, 2024
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. This and a lot more in this week’s SpicyIP Weekly Review.
TorrentFreak
NOVEMBER 10, 2024
The long-awaited Pirate Bay TV series premiered in Sweden on Friday, through official channel and (eventually also) on The Pirate Bay. There’s no doubt that the notorious torrent site has made history, but getting everything down on paper and converting it into a TV-series is no easy task. TorrentFreak has seen the first two episodes. While reviews are not our thing, we requested input from two founding figures, both of whom were featured in the show.
IP Law 360
NOVEMBER 15, 2024
In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.
IP and Legal Filings
NOVEMBER 14, 2024
INTRODUCTION At the outset of the COVID-19 lockdown, some unprecedented scenes erupted that before were almost unimaginable for any of us, when interstate migrant workers started walking back to their native states and villages from the metro cities where they had gone with a dream of living a better life and as an escape from poverty. The whole world witnessed the disastrous moments of covid and between all of those, there was a segment of people who were completely deprived of any resources an
SpicyIP
NOVEMBER 9, 2024
In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Bhuwan Sarine discusses and analyzes this perspective, offering his thoughts on Dr.
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