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

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Why the Internet Archive Lost

Plagiarism Today

The Internet Archive's defeat is a blow to the organization So why did it lose? Who is to blame? The answer is very simple. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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When a Trademark is Not a Copyright

Hugh Stephens Blog

Image: Shutterstock Since this is a copyright blog, I am guessing that most of my readers will be saying to themselves, “I know the difference between trademark and copyright; doesn’t everyone?”. Everyone does not, and this can lead to considerable confusion especially when the media use the two terms loosely or interchangeably.

Trademark 246
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25 Reasons to Use a Trademark Attorney

Erik K Pelton

There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode. The post 25 Reasons to Use a Trademark Attorney appeared first on Erik M Pelton & Associates, PLLC. There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode.

Trademark 130
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Six Ways An Organization Can Benefit from an Internal Generative AI Use Policy

JD Supra Law

Generative Artificial Intelligence (GenAI) tools can be incredibly beneficial for businesses, enhancing productivity by streamlining administrative tasks, reducing redundancy, automating processes and improving data analysis. However, these powerful tools also introduce significant risks, particularly related to how employees use them.

Business 127
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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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The Copyright Battle Over Unicorn Party Dresses

Plagiarism Today

The Copyright Claims Board is hearing a case over a unicorn pattern being sold as party dresses. However, the issues raised are very common. The post The Copyright Battle Over Unicorn Party Dresses appeared first on Plagiarism Today.

Copyright 206
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Google Hit with Allegations of Trademark Infringement over Gemini ChatBot

IP Watchdog

Gemini Data, Inc., an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” In February 2024, Google announced it would be re-branding BARD to GEMINI and attempted to register the trademark with the U.S.

Trademark 115

More Trending

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Federal Circuit Lays Out When Expert Witnesses in Patent Litigation Must Have Required Expertise

JD Supra Law

In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit highlighted the importance of understanding expert witnesses' qualifications.

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Hollywood and Netflix Report Piracy Threats to the EU, Call for ‘Intermediary’ Action

TorrentFreak

Over the past two decades, online piracy has proven to be a massive challenge for the entertainment industries. Governments around the world have recognized this challenge and, where possible, lend a helping hand to identify and address these threats. The European Commission, for example, compiles a bi-annual ‘Counterfeit and Piracy Watch List’ following the example set by the United States.

Reporting 110
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Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates’ Profits

IP Watchdog

Several amici weighed in late last week on a trademark petition to the U.S. Supreme Court that asks whether “an award of a ‘defendant’s profits’ under the Lanham Act…can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.” The Supreme Court granted the petition in Dewberry Group, Inc. v.

Trademark 117
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The Patent Eligibility Restoration Act (PERA) of 2024: From Oz to Earth

Patently-O

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. Prometheus Laboratories, Inc. , 566 U.S. 66 (2012), and Alice Corp. v. CLS Bank International , 573 U.S. 208 (2014). Together those cases created a firestorm of invalid patents and challenges for the patent office and patent holders alike.

Patent 110
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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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[Event Report] #2 Digital Knowledge – The Library and Copyright in a Global Digital Economy

The IPKat

This TechieKat is delighted to continue reporting on the Digital Knowledge – The Library and Copyright in a Global Digital Economy conference, organized by the National Library of Sweden in collaboration with the national IPO Swedish Intellectual Property Office (PRV) and the Stockholm Centre for Commercial Law at the Law Faculty at Stockholm University.

Reporting 105
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No FAKES Act Matched in House Bill to Address Gen AI Replication

The Illusion of More

On Monday, beloved actor James Earl Jones passed away at age 93, but in 2022, he signed an agreement with LucasFilms to allow the voice of Darth Vader to live on through Gen AI replication. Jones’s permission to replicate his voice is a bittersweet prelude to today’s news from Capitol Hill, where the House of […] The post No FAKES Act Matched in House Bill to Address Gen AI Replication appeared first on The Illusion of More.

Law 103
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GoPro Bid to Invalidate POV Camera Claims as Abstract Shut Down by CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion reversing a district court’s invalidation of patent claims challenged by GoPro, Inc. as patent ineligible. The CAFC said the district court erred in concluding at Alice step one that the claims were directed to an abstract idea and distinguished the case from its precedent in Yu v.

Patent 113
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New Academic Year Requires New Approach to Combat Campus Antisemitism

Michael Geist

The days leading up to a new academic year at a university are typically filled with a mix of excitement and anticipation for both faculty and students alike. My Globe and Mail op-ed notes that this year, it brought trepidation and even fear for many in the Jewish community. At my own university, faculty attended training sessions on coping with potential classroom intruders, including tips for de-escalation strategies and detailed security procedures.

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‘Make Pay-Per-View Access to Boxing Events Free to Fight Piracy’

TorrentFreak

In recent years, rightsholders of major sports events have repeatedly complained that piracy of live sports is rising through the roof. They’ve called on lawmakers to tighten legislation and urged law enforcement to take the problem much more seriously. Last month, U.S. authorities took action by seizing several domain names of sports streaming site Streameast, which has millions of monthly users.

Music 105
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Hardware Seller Is Withholding $10M In Fees, Tech Co. Says

IP Law 360

A technology company has claimed it introduced a Canadian hardware seller to confidential contacts looking to buy graphics processors, and the seller secured sales from them, but is now withholding around $10.5 million in referral fees.

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An In-House Counsel View on Patent Strategy and Building Relationships | IPWatchdog Unleashed

IP Watchdog

On IPWatchdog Unleashed this week, we had a wide ranging conversation on patent strategy, including working with patent examiners—for example, what to do when you are assigned to a difficult patent examiner with a low allowance rate—the importance of interviews, tips for getting past 112 rejections, and how outside counsel can build solid, working relationships with in-house counsel, and much more.

Patent 104
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Working at a Life Science Startup? You Need a Copyright Policy (+ 6 Steps to Create One!)

Velocity of Content

When you’re working in a fast-paced, but small life sciences company, there’s a chance your organization hasn’t thought about a copyright policy (yet). This can be a grave oversight. Without a copyright policy that outlines use cases on how artificial intelligence (AI) tools can be used with copyrighted content, how to use copyrighted material in social media posts, how to curate articles in a copyright-compliant manner, or how to share information with internal colleagues, healthcare providers,

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‘Parasitic’ IPTV Piracy is Killing Football, “It’s Them or Us” Says Serie A CEO

TorrentFreak

Supported by almost constant life-or-death messaging, one has to wonder whether Serie A’s seemingly endless financial problems really are insurmountable. Yet for reasons that aren’t easily understood, let alone explained, every week matches go ahead as planned. With decaying stadiums at some clubs and billions of euros in persistent overall debt, companies in other industries would’ve stopped spending beyond their means long ago, or at least succumbed to financial pressure whil

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Trio Of BigLaw Mergers Expected To Drive More Deal Talks

IP Law 360

After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms towards entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

Law 98
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Chamber of Progress: Old Rationales for a Brave New World

The Illusion of More

The Chamber of Progress launched an initiative called the “Generate and Create” campaign to “defend fair use” and “promote AI creativity.” I don’t know whether they bought this campaign used from the basement of Fight for The Future or Electronic Frontier Foundation, but the following statement is worn-out rhetoric that sounds even weaker defending AI […] The post Chamber of Progress: Old Rationales for a Brave New World appeared first on The Illusion of More.

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[Sponsored] PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage

SpicyIP

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. For more details, read on below. PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage The new solution brings a generational leap in Design Search PatSeer announces the launch of its new Industrial Design Search solution, featuring cutting-edge AI-driven image search.

Designs 92
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Namecheap Flagged for EU ‘Piracy Watchlist’ After Failing to Block Infringing Sites

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. The group celebrated its 25th anniversary on Monday, with now-retired director Tim Kuik receiving a royal decoration as Officer in the Order of Orange-Nassau for his achievements. While Kuik undeniably proved to be a major player in the anti-piracy field in recent decades, BREIN’s work continues without him.

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Sanofi Sets €320M Licensing Deal With US, French Biotechs

IP Law 360

Pharmaceutical giant Sanofi SA said Thursday that it will pay up to €320 million ($353 million) to U.S. biotechnology group RadioMedix Inc. and French medicine developer Orano Med for an exclusive license for a radiation treatment for rare cancers.

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Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” Trademarks are very important business assets because they distinguish products and embody reputation.

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As Publishers Beat Internet Archive, Are Libraries The Real Losers?

Copyright Lately

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? The U.S. Court of Appeals for the Second Circuit has spoken, and it’s not the news advocates of “controlled digital lending” were hoping for. In last week’s ruling in Hachette Book Group, Inc. v.

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Threatening Anti-Piracy Messaging Fails to Stimulate Intent to Subscribe

TorrentFreak

After years of anti-piracy campaigns, there’s a tendency to wonder whether the secret sauce of success is right around the corner or just as elusive as it’s ever been. Yet, even briefly considering the perspective of those creating these campaigns can be a fairly sobering experience. There’s a blank sheet of paper and this campaign has to work, what can it possibly say that hasn’t been said before?

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Netgear Gets $135M In TP-Link IP Deal

IP Law 360

Netgear Inc. has received $135 million from TP-Link Systems Inc. as part of a settlement of the companies' patent and contract litigation over Wi-Fi routers in the U.S. International Trade Commission and California federal courts.

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Artificial intelligence (AI) advocacy in the Federal Court

JD Supra Law

In April 2023, a curious law professor and lawyer submitted his “Introductory Civil Procedure” exam to ChatGPT, an AI chatbot, to see how it would score. The results were surprising: ChatGPT outperformed over 70% of his second-year law students and even provided the professor with new insights into civil procedure. Similar examples demonstrating the impressive abilities of ChatGPT and other AI tools are becoming commonplace.

Law 84
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Journey Through “Mays” on SpicyIP (2005 – Present) 

SpicyIP

Image from here As I conclude my summer vacation at home, it’s the perfect moment to bring the series I started over a year ago to its conclusion … Welcome to the climactic finale of our “ Sifting Through SpicyIP Pages ” series! Yes, it’s the 12th and final post, culminating this year-long time-travel-ish journey. I began the series with a sense of Sankofa —aiming to fetch what was left behind (if any) and see how we can take things forward.

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Sky Calls Out IPTV Piracy Facilitators, Including Cloudflare & Facebook

TorrentFreak

In an article published yesterday , we featured the Motion Picture Association’s submission to the European Commission (EC) for its next Counterfeit and Piracy Watch List. While still calling out familiar targets, such as torrent sites, streaming portals, and piracy apps, the MPA clearly wants to draw attention to the role of third-party intermediaries in the piracy ecosystem.

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Google Hit With 'Gemini' TM Suit Over AI Program Name

IP Law 360

Google LLC is facing a trademark infringement suit in California federal court by a small business that claims the tech giant made "the calculated decision to bulldoze over" its intellectual property rights by rebranding Google's large language model artificial intelligence program to Gemini.

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Social Links: Tinder, TikTok, and the Copacabana

JD Supra Law

Double-check before swiping right. Ubiquitous dating app Tinder scored a court victory when the U.S. District Court in New Jersey ruled in Ciapinska v. Tinder that the arbitration clause in the app’s terms of use (TOU) is binding. At the center of the suit is Tinder’s photo verification process. The plaintiff brought the action in late 2023 when she discovered that a number of fake accounts, which had passed Tinder’s verification protocol, were using her photos – even though she left the.

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EU copyright takes it all … including Article 2(7) of the Berne Convention: AG Szpunar advises CJEU to rule that EU Member States can no longer rely on reciprocity clause for works of applied art

The IPKat

Vitra's DSW chair One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) – is the principle of national treatment under Article 5: authors who are nationals of a Berne Union member state are eligible for protection under the law of other member states at the same conditions as nationals of those countries. Like all rules, there are exceptions though: one of them concerns works of applied arts.

Art 80
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French Pirate Site Blocking Order Targets Expired and Seized Z-Library Domains

TorrentFreak

A few weeks before the U.S. Department of Justice announced the criminal prosecution of two alleged Z-Library operators in 2022, the French Publishers Union (SNE) had already targeted the site indirectly. In August that year, SNE obtained an order at a Paris Court, requiring French ISPs to block more than 200 domain names. By November 2022, the order was largely moot.