Sat.Aug 31, 2024 - Fri.Sep 06, 2024

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5 Takeaways from the Internet Archive Ruling

Plagiarism Today

Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.

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Be Like Taylor: 3 Swift Trademark Tips

Erik K Pelton

Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor. The post Be Like Taylor: 3 Swift Trademark Tips appeared first on Erik M Pelton & Associates, PLLC. Taylor Swift’s musical success is undeniable, and her brand protection is equally impressive. Erik shares 3 trademark tips inspired by Taylor.

Trademark 130
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Singapore’s New Copyright Act Three Years On: There’s No Need to Open the AI Exception Door Even Wider

Hugh Stephens Blog

Image: Shutterstock (modified) The 2021 Revisions Back in 2021 I wrote a mixed review of the revisions brought in to update Singapore’s Copyright Act. There were some significant positives for rights-holders, notably a new provision that made it illegal to sell ISDs (Illicit Streaming Devices, i.e.

Copyright 124
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‘Pirate’ Site nHentai Sued in U.S. Court for Copyright Infringement

TorrentFreak

Manga and anime have become increasingly popular in recent years. These formats originate in Japan, but they are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above. With a growing audience of many millions of fans, hentai is also benefiting from the boom. As with any type of media, not all consumers are paying for access.

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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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NaNoWriMo’s Massive AI Blunder

Plagiarism Today

NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder appeared first on Plagiarism Today.

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Today’s Trademark Registration is More Valuable than Ever

Erik K Pelton

The following is an edited transcript of Chapter 10 of my book video Building a Bold Brand: Trademark Registration is More Valuable than Ever Protecting your trademark provides more benefits than at any time in history: Simply appearing in the USPTO’s online database can prevent someone who otherwise would have adopted a similar name for a similar product or service from going forward with that name.

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Publicity rights in the AI era: Key takeaways from artist Arijit Singh’s recent legal Victory in India

The IPKat

This cat is totally spooked by the idea of mew cloning! (photographed by Mina) In A rijit Singh v. Codible Ventures LLP and Ors. , the Bombay Court recently took a pro-publicity and -personality rights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. The court ordered the following actions: (1) to take down, remove, delete, block access to, or suspend all infringing content that had been uploaded ; (

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3 Count: Gemini Man Lawsuit

Plagiarism Today

Book publishers get a big win on appeal; an author sued over Gemini Man, and an adult anime website sued over ignored copyright notices. The post 3 Count: Gemini Man Lawsuit appeared first on Plagiarism Today.

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TorrentGalaxy is Back Online & Uploads Resume

TorrentFreak

For a torrent site, TorrentGalaxy is still a relative newcomer. The site is barely seven years of age while others have been around for over two decades. In that timespan, however, TorrentGalaxy secured a key place in the torrent ecosystem. Not only does it serve millions of users directly, its ‘release’ groups also distribute torrents across other popular sites, including The Pirate Bay and 1337x.

Reporting 117
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How to Satisfy Constitutional and Statutory Standing Requirements in Patent Infringement Actions

IP Watchdog

The Federal Circuit’s precedential opinion in Intellectual Tech, LLC. v. Zebra Technologies Corporation is the most recent decision in a series of cases clarifying the requirements for when standing is proper for a patent infringement action. Intell. Tech., LLC. v. Zebra Techs. Corp., 101 F.4th 807 (Fed. Cir. 2024) (Zebra). Specifically, when addressing the standing question, Zebra provides guidance on which rights a patent owner may have granted to third parties without losing its most importan

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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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End of the Line for Controlled Digital Lending Theory

The Illusion of More

IA asks this Court to bless the large scale copying and distribution of copyrighted books without permission from or payment to the Publishers or authors. The Second Circuit Court of Appeals yesterday affirmed that Internet Archive’s digital book lending model controlled digital lending (CDL) is not permitted by copyright law, including under the fair use […] The post End of the Line for Controlled Digital Lending Theory appeared first on The Illusion of More.

Fair Use 103
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“Laguiole” may only be used for knifes from Laguiole, says Aix-en-Provence Appeal Court

The IPKat

It seems that the Laguiole saga [covered by The IPKat here , here , here and here ] is far from over: the Appeal Court of Aix-en-Provence has recently cancelled the registration of “Couteau Laguiole” (Laguiole knife) as a French geographical indication (GI) because the consumers would be confused as to the knives’ geographical origin. Background In September 2022, the French Patent and Trade Mark Office (INPI) registered “Couteau Laguiole” as a GI for knives produced in the French municipalities

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TorrentGalaxy Spooks Users with More ‘Downtime’

TorrentFreak

In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, and it ultimately became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.

Copyright 115
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Other Barks & Bites for Friday, September 6: House Version of PERA Introduced; Judicial Council Confirms Extension of Newman Suspension; OpenAI Asks Court to Dismiss Claims and Focus on Fair Use in Copyright Battle

IP Watchdog

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one of its copyright infringement lawsuits in order to focus on fair use; China strengthens IP ties with Belt and Road Initiative Partners; and a Texas

Fair Use 110
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 Heroes and Villains in Copyright Fights

The Illusion of More

After Internet Archive (IA) lost its copyright infringement suit with major publishers this week, the organization wasted no time alleging that great harm has been done to society. As if it had the posts ready to go, IA alleged that research itself was in peril and even went so far as to shamelessly post on […] The post Heroes and Villains in Copyright Fights appeared first on The Illusion of More.

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Judge Newman's Suspension Extended For Another Year

IP Law 360

Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.

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Man Arrested for Sharing Copyright Infringing Nude Scenes Through Reddit

TorrentFreak

The web is riddled with copyright infringing content, ranging from full-length blockbuster films, through small music samples, to reposted celebrity photos on social media. Not all of these offenses are equally problematic. Law enforcement authorities may go after the operators of large-scale pirate sites or services, but posting short film clips without permission typically doesn’t lead to trouble.

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SoftView Petitions Full Federal Circuit to Rehear Decision on Patentee Estoppel at USPTO

IP Watchdog

On August 30, SoftView LLC filed a petition for en banc rehearing with the U.S. Court of Appeals for the Federal Circuit (CAFC), arguing that the court’s recent decision incorrectly applied the doctrine of collateral estoppel/issue preclusion to a series of amended claims. In the original ruling, which was covered in a separate article, the CAFC held that the Patent Trial and Appeal Board (PTAB) properly applied the estoppel provision of 37 CFR § 42.73(d)(3)(i) in invalidating SoftView’s amended

Patent 111
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We Can Infringe Upon You Wholesale

Likelihood of Confusion

Originally posted 2013-02-20 14:00:09. Republished by Blog Post Promoter [Editor’s note: When this was first posted, I — not Matthew, I, Ron Coleman — failed to utilize the drop-down box and make sure that MDB showed as the author of this piece, probably thinking that the picture at left would do the trick. Based on […] The post We Can Infringe Upon You Wholesale appeared first on LIKELIHOOD OF CONFUSION™.

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Nvidia, Microsoft Face Patent, Cartel Allegations In Texas Suit

IP Law 360

A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.

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EFF Assists Critic’s Fair Use Defense Over Kids’ Religious Program ‘Leak’

TorrentFreak

Released Time for Religious Instruction (RTRI) is a mechanism in the United States which allows schoolchildren to receive religious instruction during school hours. The law says that this can only take place off-site, with teachers and authorities’ involvement limited to releasing children into the hands of third-party organizations for instruction elsewhere.

Fair Use 106
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TikTok Inspired Child Suicide Prompts a Sound Reading of Section 230

The Illusion of More

Last week, the Third Circuit Court of Appeals issued an opinion regarding Section 230 of the Communications Decency Act. It may be the strongest affirmation to date that the statute does not provide a blanket liability shield for all social platforms regardless of their conduct. Specifically, §230(c)(1) only immunizes platforms for liability that may arise […] The post TikTok Inspired Child Suicide Prompts a Sound Reading of Section 230 appeared first on The Illusion of More.

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Understanding UCC Fixture Filings and Their Impact on Business Transactions

Cogency Global

What this is : UCC fixture filings are essential for lenders to secure their interests in goods that will be attached to real property (fixtures). When drafted and filed correctly, these filings perfect a lender’s security interest in the fixtures and establish priority among other secured creditors and subsequent buyers of the real estate. What this means : In this article, we will explore the definition of “fixtures” under Article 9 of the Uniform Commercial Code (UCC) , the significance of se

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Why Attorneys Should Consider Community Leadership Roles

IP Law 360

Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

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That’s All Folks: KimCartoon’s 120m Visit Piracy Caper Ends in a DMCA Disaster

TorrentFreak

It has been a rough couple of weeks for people who love cartoons but prefer not to pay for them. The simultaneous disappearance of Aniwave and the connected Anix last week left a massive hole in the pirate market. The pair serviced at least one, and maybe as many as two, billion visits in the previous 12 months alone. While those platforms focused on Japanese anime, KimCartoon offered a much wider variety of cartoons.

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Analyzing M&A Through Companies Act And Sebi (Sast) Regulations

IP and Legal Filings

After Companies Act, 2013 and the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 came into force, the Merger and Acquisition has experienced a major changes. This regulatory system is an important tool in administrating the process and significant aspects of M&A in India. The act which regulates the company is the Companies Act, 2013 states extensive provisions for mergers, acquisition, amalgamations, and the restructuring of the companies or corporate, providing sm

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Akin Intelligence - July 2024

JD Supra Law

Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent and Trademark Office (USPTO), updated guidance for secure development and risk management from the National Institute of Standards and Technology (NIST), and the long-awaited report on open-weights from the National Telecommunications and Information Administration (NTIA).

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Firms Must Offer A Trifecta Of Services In Post-Chevron World

IP Law 360

After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

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Sports Streaming Site Streameast Plans to Appeal U.S. Domain Name Seizures

TorrentFreak

With millions of visits per month, pirate sports streaming site Streameast is a fan favorite among many sports aficionados. The site is particularly popular in the United States, where even the largest sports icons, including LeBron James, have reportedly used it to stream content. The appeal of free sports content is understandable, as legal options can cost hundreds of dollars per month.

Copying 98
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Thorn in USPTO’s Side: Judge Fitzpatrick’s Whistleblower Victory

Patently-O

by Dennis Crouch In a significant ruling, the Merit Systems Protection Board (MSPB) granted corrective action to PTAB Administrative Patent Judge (APJ) Michael Fitzpatrick in his whistleblower retaliation case against the USPTO associated with his complaints about PTAB panel expansion (i.e., ‘panel stacking’). The decision issued back in 2023, but has only just now been published following a settlement between Fitzpatrick and the USPTO.

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Market to Market: Where, What, and How – Trademarks & the Olympic Games (Part 3)

JD Supra Law

The 2024 Summer Olympic Games have ended, the 2024 Summer Paralympic Games have begun, and this article brings to a close our three-part series on Trademarks & the Olympic Games. In June, we reviewed from where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights, and in July we explored what trademarks the USOPC owns.

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Actelion Must Face Tracleer Antitrust Suit, As A Certified Class

IP Law 360

A Maryland federal judge refused Friday to toss an antitrust suit accusing Actelion Pharmaceuticals of illegally denying generics companies the samples they needed to produce generic versions of its hypertension drug Tracleer, while separately certifying the case as a class action comprised of "hundreds" of insurers and self-funded employers.

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Court Denies Cheat Seller AimJunkies a New Trial, Affirms Bungie’s $4.3m Win

TorrentFreak

Three years ago, Bungie filed a complaint at a federal court in Seattle, accusing Destiny 2 cheat seller AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also leveled against Phoenix Digital Group, the operating company behind the website, and third-party developer James May. Bungie Wins Landmark Trial After years of legal back-and-forth, the case went to trial in May, where both sides presented their arguments.

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DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute

SpicyIP

[ This post is co-authored with Tejas Misra. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. His previous posts can be accessed here. ] On 21st August 2024, the Delhi High Court in Louis Vuitton Malletier v. www.haute24.com & Ors. issued a significant order directing for a permanent injunction and INR 5,00,000 as damages to Louis Vuitton for the unauthorized use of the brand’s copyrighted photos and

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What is quantum computing and what’s all the fuss about it?

JD Supra Law

Why is there so much hype around quantum computing? What are the main threats that this technology will bring? And what opportunities can be harnessed from it? In this article, we share our key takeaways from our recent webinar titled “Quantum Computing for Lawyers: Technology, Use Cases and Legal Implications”, which took place on the 4th of September as part of our Digital Transformation Deep Dive webinar series.