JD Supra Law

JUNE 6, 2023

After almost five years of litigation, British singer-songwriter Ed Sheeran pulled out all the stops (and his guitar) to obtain victory over claims his 2014 song “Thinking Out Loud” infringed on the copyrights held by the estate of Ed Townsend, who co-wrote Marvin Gaye’s 1973 hit “Let’s Get it On”. The lawsuit alleged that Sheeran infringed on what was expressed in the sheet music filed with the United States Copyright Office.

Copyright Law 97

Copyright Law Copyright Law Music 97

Plagiarism Today

JUNE 5, 2023

Cookbook author Joanne Lee Molinaro highlighted a copycat cookbook that has raised new questions about imitation in publishing. The post The Case of the Knock-Off Cookbook appeared first on Plagiarism Today.

Plagiarism 284

Plagiarism Publishing Copyright Law Law 284

Intellectual Property Law Blog

JUNE 7, 2023

First published by ALM / Law.com in The Intellectual Property Strategist All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). Unlike machine learning technology that merely classifies or predicts, generative AI creates. Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon fo

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Patent Intellectual Property Patent Application Inventor 130

Erik K Pelton

JUNE 6, 2023

Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between. The post Trademark Fee Increases Proposed By the USPTO appeared first on Erik M Pelton & Associates, PLLC. Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between.

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Trademark 130

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

TorrentFreak

JUNE 9, 2023

With an estimated 2.5 billion users overall and around 120 million users active daily, YouTube is an entertainment powerhouse and a globally-recognized brand. Premium products aside, YouTube is free to use. But with around a billion hours of content consumed every day, YouTube has to find ways to make that pay. The most visible cost to the user is advertising, lots and lots of advertising.

Privacy 136

Privacy Cease and Desist Advertising Advertising 136

Plagiarism Today

JUNE 7, 2023

A professor uploaded a fake answer key to a study aid website. In doing so, he caught 40 cheaters and sparked a debate. The post Did a Professor Entrap His Students? appeared first on Plagiarism Today.

Plagiarism 236

Plagiarism 236

Erik K Pelton

JUNE 6, 2023

The following is an edited transcript of my video How to Protect a Book Title. The quick and short answer to “How can I protect a book title?” is that you can’t. But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. The title of a book is basically exempt from trademark protection because it’s part of creative expression, and books in general are protected by copyright and copyright registra

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Editing Intellectual Property Trademark Copyright 130

TorrentFreak

JUNE 6, 2023

Last week the popular torrent site RARBG closed its doors. The operators cited personal and financial reasons for the surprise decision, which came as a shock to many. In recent days there have been plenty of attempts to restore the old database. Some are considering the launch of new sites to keep the RARBG spirit alive but collecting metadata and copying a site’s design isn’t the main challenge.

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Branding Brands Branding Privacy 134

Plagiarism Today

JUNE 8, 2023

Dua Lipa case permanently dismissed, ASCAP targets 13 businesses over unlicensed music and Senate committee tackles AI. The post 3 Count: ASCAP Wave appeared first on Plagiarism Today.

Plagiarism 213

Plagiarism Music Business Copyright 213

The IPKat

JUNE 5, 2023

On 11 May last, the Italian Supreme Court issued and interesting decision ( decision no. 12881 ) on the protection of the Tic Tac box as a shape trade mark, reaffirming the distinction between the “necessary form” and the “substantial form” of a product. The decision of the Supreme Court upholds the lower courts’ earlier decisions. Background Ferrero S.p.A.

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Registration Reporting Branding Brands 132

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

Michael Geist

JUNE 9, 2023

The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in

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Social Media Government 131

TorrentFreak

JUNE 5, 2023

Manga comics are popular around the globe in a content category that has seen piracy grow significantly in recent years. This popularity is also apparent in manga’s home country Japan, where several dedicated pirate sites are active. Publishers are working hard to counter this trend and last month they turned to a U.S. court for help. Working with the Japanese anti-piracy group CODA, manga publisher Shueisha obtained a DMCA subpoena that required Cloudflare to uncover the identities of sev

Publishing 133

Publishing Branding Brands Branding 133

Plagiarism Today

JUNE 6, 2023

Deadly Doll settles case with paparazzi photographer, Cox makes an interesting argument in piracy case and HBO sued over FBoy Island. The post 3 Count: Deadliest Doll appeared first on Plagiarism Today.

Plagiarism 204

Plagiarism Copyright 204

IP Watchdog

JUNE 6, 2023

The House of Representatives’ Subcommittee on Courts, Intellectual Property, and the Internet today held a hearing titled “IP and Strategic Competition with China: Part II – Prioritizing U.S. Innovation Over Assisting Foreign Adversaries,” which focused on the World Trade Organization’s (WTO’s) agreement on a waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) last June.

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IP Intellectual Property Technology Government 128

Patently-O

JUNE 5, 2023

by Dennis Crouch Washington Post has published a long article titled, “ Colleagues want a 95-year-old judge to retire. She’s suing them instead ,” by Rachel Weiner. Judge Pauline Newman, the oldest active federal judge in the country, has been embroiled in controversy as she resists her colleagues attempts to urge/force her to retire. The article ends with a noteworthy quote from Newman that rings true to her characteristic resilience and dedication: “ I want to spend my last

Patent Law 117

Patent Law Law Patent Publishing 117

TorrentFreak

JUNE 4, 2023

Studying can be a costly endeavor. Aside from the party budget, there are books and tuition fees to pay as well. To reduce costs, some students choose to share books or buy cheaper second-hand versions. Others go a step further and venture onto the dark side, by downloading or even buying ‘pirated’ books. These cost-saving tactics are nothing new.

Copying 131

Copying Publishing Copyright Law 131

Plagiarism Today

JUNE 7, 2023

Dua Lipa wins dismissal of Levitating case, Japan says AI training is legal and manga publishers seek info from Cloudflare and Google. The post 3 Count: Levitating Away appeared first on Plagiarism Today.

Plagiarism 197

Plagiarism Publishing Copyright 197

IP Watchdog

JUNE 4, 2023

Some of the earliest chapters in the story of U.S. innovation have been written by Black Americans who not only advanced the state of industry in our country, but also fought to ensure that they were credited for what they achieved. Within the next few years, the city of Newark, NJ, will be the home of a museum properly paying homage to the historic contributions that these inventors have made to medical science, telecommunications, transportation and more.

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Inventor Technology Intellectual Property IP 128

Patently-O

JUNE 7, 2023

by Dennis Crouch In the recent case of In re Microsoft , 23-128 (Fed. Cir. 2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). This decision was made under the provisions of 28 U.S.C. § 1404(a), which allows for the transfer of cases for the convenience of the parties and in the interest of justice.

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Litigation Privacy Patent Infringement Patent 113

TorrentFreak

JUNE 3, 2023

With torrent sites dominating the high seas of piracy in 2006, Bulgarian authorities decided to arrest Eliyan Geshev, administrator of the the country’s most popular tracker, ArenaBG. Public uproar in Bulgaria was significant but just a day later, Geshev was a free man once again. After police provided zero evidence of any crimes being committed, a court found no grounds for Geshev’s initial arrest.

Music 131

Music Copyright Infringement Copyright Reporting 131

Plagiarism Today

JUNE 8, 2023

A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.

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Trademark Plagiarism Trademark Law Law 193

IP Watchdog

JUNE 8, 2023

The U.S. Supreme Court held today in Jack Daniel’s Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context," is not relevant “when an alleged infringer uses a trademark as a designation of source for the infringer’s own goods.” The Court therefore vacated the U.S. Court of Appeals for the Ninth Circuit’s ruling that said VIP’s dog toy mimicking a Jack Daniel’s whiskey bottle was an expressive work entitled to First Amendment protection

Trademark 124

Trademark Designs Design Litigation 124

IP Intelligence

JUNE 7, 2023

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether using copyrighted works to train artificial intelligence (AI) models would qualify as a fair use of those works under US copyright law.

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Fair Use Licensing Music Art 106

TorrentFreak

JUNE 8, 2023

Following an in-depth investigation and a five-year Premier League private prosecution, five men behind the UK’s largest-ever piracy service were sentenced last month to more than 30 years behind bars. While other branded services were featured in the investigation, the focus was on Flawless IPTV and its operations between August 2016 and May 2018. During this period, Flawless served around 42,000 customers direct, charging each around £10 per month.

Branding 120

Branding Brands Branding Copyright 120

Plagiarism Today

JUNE 5, 2023

Appeal planed in Thinking Out Loud case, large Manga pirate site is shuttered and use of Michelangelo's David prompts lawsuit. The post 3 Count: Thinking Out Louder appeared first on Plagiarism Today.

Plagiarism 175

Plagiarism Art Copyright 175

IP Watchdog

JUNE 5, 2023

This week in Washington IP news, the House of Representatives is busy with several hearings related to innovation. The House Committee on Small Business is looking at inflation’s impact on small businesses, while another House subcommittee looks at how tax policy can stimulate U.S. innovation. Elsewhere, the Information Technology and Innovation Foundation (ITIF) discusses whether the United States needs further regulation on artificial intelligence.

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Business IP Trademark Technology 115

JD Supra Law

JUNE 7, 2023

In our first part, we discussed the technological foundations of NFTs. Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark ownership, and individual publicity rights are all IP rights that subsist in the underlying asset comprising the NFT.

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Intellectual Property Ownership Litigation IP 106

TorrentFreak

JUNE 6, 2023

At a time when a limited number of rightsholders were demanding thousands of dollars from alleged BitTorrent pirates, Rightscorp focused on the budget end of the market. By attaching settlement demands to DMCA notices sent to ISPs, Rightscorp hoped these would be forwarded intact to subscribers. Rather than demand large sums, Rightscorp requested a relatively small amount, typically around $20, an amount payable through a dedicated portal.

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Settlement Music Publishing Copyright 105

Technology & Marketing Law Blog

JUNE 9, 2023

HK built an Instagram account impersonating a teacher. He “made one innocuous post on the account.” He unwisely shared the login credentials with two classmates, KL and LF. Those classmates made “incendiary posts” about other teachers (and tagged those teachers) and another student. “H.K. monitored the account and viewed the posts himself.

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Blogging Litigation Publishing Marketing 103

IP Watchdog

JUNE 8, 2023

In a precedential opinion issued Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a Patent Trial and Appeal Board (PTAB) judgment that affirmed patent claims in part due to the commercial success of MacNeil IP’s WeatherTech vehicle floor tray. The CAFC also affirmed a PTAB ruling that invalidated three claims of one of MacNeil’s patents in its battle with Yita LLC, a Seattle-based auto parts company.

Patent 111

Patent Litigation Intellectual Property IP 111

The IPKat

JUNE 6, 2023

As IPKat readers will be aware having this blog covered a number of cases already [see here for a compilation of Katposts] , the Italian Cultural Heritage Code (ICHC) restricts the unauthorized commercial use of images of assets belonging to this country’s cultural heritage. This is so irrespective of the copyright status of the asset in question. To exemplify: in the past, Italian courts have considered it unlawful to reproduce the image of Michelangelo’s David (clearly, a work that is no longe

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Copyright Blogging Publishing Law 102

TorrentFreak

JUNE 9, 2023

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Historically, Internet providers rarely applied such a drastic measure, but under pressure from lawsuits, many ISPs are now acutely aware of their obligations. Music Companies sued RCN Internet provider RCN is one of the providers targeted by this legal campaign.

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Settlement Music Copyright Law Copying 101

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. In People.ai, Inc. v. Clari Inc. (Fed. Cir. 2023) U.S. App. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. To be patentable, an invention must fall within one of four categories of patentable (or patent-eligible) subject matter: articles of manufacture, machines, processes, and compositio

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Patent Invention Business Patent Application 98

Likelihood of Confusion

JUNE 8, 2023

Originally posted 2016-06-20 13:12:10. Republished by Blog Post Promoter The post Response of Simon Shiao Tam to the Government’s Request for Certiorari in Lee v. Tam appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Government 98

JD Supra Law

JUNE 7, 2023

For nearly a decade, Amgen Inc. and Sanofi had been embroiled in a patent infringement dispute over Amgen patents covering broad classes of antibodies beneficial to human blood cholesterol levels. The antibodies that Amgen claimed are defined by their function—an ability to bind to a certain protein and subsequently block the protein from binding to LDL receptors.

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Patent Infringement Patent 98