Sat.Feb 17, 2024 - Fri.Feb 23, 2024

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Australia’s Proposed Streaming Cash Grab is Risky for Australian Consumers and Production Jobs: It’s Time to Dial it Back

Hugh Stephens Blog

Screen Australia Drama Report At a time when streaming services (also referred to as subscription video on demand, or SVOD) are growing internationally at a frenzied pace, various countries are pondering how to deal with this phenomenon, particularly when it comes to local production.

Reporting 254
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Why Cox’s $1 Billion Victory May Not Matter

Plagiarism Today

A $1 billion judgment against Cox was recently vacated. However, it's not a full victory for the ISP nor a full defeat for the music industry. The post Why Cox’s $1 Billion Victory May Not Matter appeared first on Plagiarism Today.

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AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Intellectual Property Law Blog

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. Everyone involved in the filing and prosecution of a U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention.

Invention 130
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Update on USPTO Trademark Delays

Erik K Pelton

Erik provides updates on one of our most frequently asked questions about the trademark process in this video. The post Update on USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik provides updates on one of our most frequently asked questions about the trademark process in this video.

Trademark 130
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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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Returning the Masks and Restoring Some Justice

Hugh Stephens Blog

By Leoboudv-Own Work, CC BY-SA 3.0 [link] The issue of reconciliation with Indigenous peoples will remain a front-burner issue in Canada in 2024 so I think it appropriate to post a good news story on this topic early in the year.

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3 Count: Rockstar Teddy Bear

Plagiarism Today

Supreme Court hears statute of limitations case, Nickelback wins appeal over Rockstar and Build-A-Bear sued over new toy. The post 3 Count: Rockstar Teddy Bear appeared first on Plagiarism Today.

More Trending

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All About the New USPTO Trademark Search System

Erik K Pelton

The following is an edited transcript of my video All About the New USPTO Trademark Search System. At the end of November, 2023, the USPTO launched a brand new search platform for their trademark database. This meant the retirement after more than 20 years of the prior search system, TESS, which had many limitations. The new system is called Trademark Search.

Trademark 130
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Bitmagnet Allows People to Run Their Own Decentralized Torrent Indexer Locally

TorrentFreak

When Bram Cohen released the first version of BitTorrent in 2002, it sparked a file-sharing revolution. At the time bandwidth was a scarce resource, making it impossible to simultaneously share large files with millions of people over the Internet. BitTorrent not only thrived in that environment, the protocol remains effective even to this day. BitTorrent transfers rely on peer-to-peer file-sharing without a central storage location.

Copyright 124
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AI and the New Age of the TOS Rights Grab

Plagiarism Today

A pair of news stories have drawn new focus on terms of service overreach by companies and the new dangers AI brings to problem. The post AI and the New Age of the TOS Rights Grab appeared first on Plagiarism Today.

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Ban on European Patents for Plants Engineered by "New Genomic Techniques" Nearing Reality

JD Supra Law

The European Parliament has adopted an amended European Commission proposal to regulate plants engineered using techniques such as CRISPR/Cas and ban any patenting of plants, plant parts, material, genetic information, or methods resulting from these techniques.

Patent 122
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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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Members of Congress Blast Biden on March-In Proposal and Pandemic Accord

IP Watchdog

A bipartisan group of 28 members of congress, including Senate IP Subcommittee Chair Chris Coons (D-DE), Ranking Member Thom Tillis (R-NC) and House IP Subcommittee Chair Darrell Issa (R-CA), sent a letter yesterday to President Biden urging the administration to reconsider its December proposal to allow agencies to consider pricing in deciding whether and when to “march in” on patent rights.

IP 117
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‘IFPS Gateway Operator is not Liable for Pirated Software Keys’

TorrentFreak

The InterPlanetary File System, more broadly known as IPFS , has been around for nearly a decade. While the name may sound alien to the general public, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. The system makes websites and files censorship-resistant and not vulnerable to regular hosting outages; as long as at least one user in the network continues to share.

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3 Count: FORE!

Plagiarism Today

Music publishers respond to Anthropic, BIRDIE Act aims to protect golf courses and George Santos sues Jimmy Kimmel over Cameos. The post 3 Count: FORE! appeared first on Plagiarism Today.

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Ninth Circuit Provides Further Guidance on Trademark Lawsuits Involving “Expressive Works”

JD Supra Law

We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc. vs. AJ Press LLC (“Punchbowl II”), applies the Rogers test for the first time following Jack Daniel’s.

Trademark 120
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Supreme Court Denies Five IP Petitions on Issues from IPR Joinder to Contributory Trademark Infringement

IP Watchdog

On February 20, the U.S. Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed. From the use of joinder to evade time-bar limits in patent validity proceedings to the service of process required for a grant of preliminary injunction, the Court’s cert denials

Trademark 114
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Google Search Takedown Requests Rush to 8 Billion at Record Pace

TorrentFreak

For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. This is generally good, but copyright holders are not happy with all content that can be discovered. Pirates sites, for example, should remain hidden when possible. In recent years Google has tweaked its algorithms to address this issue.

Reporting 114
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3 Count: One Billion Overturned

Plagiarism Today

Cox gets $1 billion judgment overturned, Cam'ron to pay $50k to photographer and Reddit strikes deal with AI company. The post 3 Count: One Billion Overturned appeared first on Plagiarism Today.

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The New York Times Case against OpenAI is Different. Here's Why.

JD Supra Law

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright infringement, contributory copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), unfair competition, and trademark dilution (complaint).

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‘Non’-Pharmaceutical Substance and Efficacy under Sec 3(d)

SpicyIP

Can Section 3(d) be applied to a non pharmaceutical invention? if yes, what can be ‘efficacy’ for such a subject matter? The MHC in Novozymes v. Asst. Controller of Patents and Designs made some interesting observations on these issues. Discussing the court’s decision, we are pleased to bring to you this guest post by Amit Tailor. Amit is a Postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S.

Patent 111
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100s of Pirate Sites Go Dark as.TV Domains Placed on ServerHold

TorrentFreak

A few hours ago a TorrentFreak reader linked us to a list of almost 200 domains with several things in common. The vast majority have naming conventions that almost certainly point to some type of piracy activity. No shortage of the word ‘streams’ for example, along with other familiar pirate terms such as HD, cine, film, movie, plus the likes of buff, cric and crack.

Copyright 106
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The Strange Case of Father Jim Sichko

Plagiarism Today

Catholic Priest Father Jim Sichko has had his recent book pulled following allegations of plagiarism. Here's the warning signs he missed. The post The Strange Case of Father Jim Sichko appeared first on Plagiarism Today.

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What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs. Union, and More

JD Supra Law

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity Pebbles Colors Ruled Not Distinctive - Post Foods lost its appeal for a color mark for its Fruity Pebbles breakfast cereal in a ruling that illustrates why distinctiveness is a critical hurdle to clear when seeking a trademark registration on a color.

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Other Barks & Bites for Friday, February 23: Intel and Microsoft Announce Landmark Chip and IP Deal; Court Overturns $1 Billion Copyright Infringement Ruling Against Cox; and Reddit and Google Set to Announce AI Content Licensing Agreement

IP Watchdog

This week in Other Barks & Bites: Intel and Microsoft announce a custom chip deal worth up to $15 billion; the Justice Department announces its first Chief AI Officer; and an appeals court overturns a $1 billion ruling for copyright infringement against Cox Communications.

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Pirate IPTV Astrologer Received Signals But Failed to Predict Copyright Lawsuit

TorrentFreak

Thanks to a global pooling of knowledge and intelligence, answers to our most difficult questions are just a few clicks away on the internet today. Since in many cases those answers aren’t necessarily right, or even right at all, that might explain why some seek advice from outer space. For a fee, astrologer Vaneet Sharma and his company Astro Vastu Solutions (AVS) reportedly supply all kinds of advice.

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Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy

Patently-O

By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. Nealy. The central issue is whether copyright plaintiffs can recover damages for infringing acts that occurred more than three years before filing suit, under the “discovery accrual rule.” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” 17 U.S.C.

Music 105
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AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

JD Supra Law

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention?

Invention 115
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Top 5 Cases To Watch At The Unified Patent Court

IP Law 360

The long-awaited opening of Europe’s Unified Patent Court has brought a period of uncertainty, leaving patent litigators navigating a new frontier for IP disputes and watching closely for the first major decisions set to be handed down in 2024.

Patent 104
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Record Labels: ‘Hisses & Crackles’ Are No License to Copy & Digitize Old Records

TorrentFreak

The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. These archiving efforts, which started decades ago, will become more valuable over time. The same could apply to IA’s other projects, including the digitization of old books and records. Six years ago, the Archive began archiving the sounds of 78-rpm gramophone records, a format obsolete today.

Copying 104
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Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

Technology & Marketing Law Blog

As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. Then, about a dozen years ago, the rightsowners coerced Internet access providers to adopt the “ Copyright Alert System ,” which treated rightsowners as trusted flaggers (whether or not they deserved that status) and required Internet access providers to deploy a “

Music 102
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Misinformation Regarding Mechanicals and the MLC: What’s the Deal With Downloads?

JD Supra Law

The Mechanical Licensing Collective (“MLC”) was created to make paying songwriters and publishers easier. Just as performance rights organizations issue blanket licenses to music users (radio stations, television, venues, etc.) and then collect and distribute performance royalties to their members, the MLC issues blanket licenses to streaming and download services (collectively, digital service providers or “DSPs”) and then collects and distributes mechanical royalties to its members.

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VLSI Seeks Delay Of Trial On Intel Patent License Defense

IP Law 360

VLSI has urged a California federal judge to postpone a trial set for next month on Intel's claim that it has a license to VLSI's semiconductor patents in the multibillion-dollar dispute between the companies, saying the current trial date is "unfeasible and unfair.

Licensing 104
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Infographic | Is proof of sending a power of attorney by data message required for it to be valid?

Olartemoure Blog

Article 5 of Law 2213 of 2022 establishes that the special powers of attorney required to carry out any type of legal action may be conferred by data message, without requiring a handwritten or digital signature. SUPREME COURT OF JUSTICE (STC 3134-2023) Generally, we err in equating the data message to an e-mail and understanding it as an indispensable requirement for the validity of a power of attorney.

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IPTV Piracy Group Members Arrested For Signal Theft, Fraud, Money Laundering

TorrentFreak

The action in Canada this week is being described as the second phase of an operation that began last year. Events were triggered when rightsholders led by Bell Media filed a criminal complaint against pirate IPTV service, Arubox TV. Following an investigation by the Quebec Provincial Police, in 2023 the Office of Criminal Assets Recovery and Money Laundering carried out five searches; a condo in Laval and premises in Saint-Eustache and Brownsburg-Chatham were among the targets.

Reporting 102
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New Frontier: Ten Tips for Navigating Brand Protection in the Metaverse

JD Supra Law

Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness. Enter the metaverse: an online virtual world where users can interact with each other and digital objects including Non-Fungible Tokens (NFTs). NFTs are unique digital assets depicting works of art, photographs, text, and/or other digital content, minted using blockchain to identify an interest in a certain asset.

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Apple Gets PTAB Wins On 2 Masimo Blood Oxygen Patents

IP Law 360

The Patent Trial and Appeal Board has found that Apple has shown that most claims it challenged of two Masimo Corp. blood oxygen monitor patents are invalid, in the latest rulings in the wide-ranging patent dispute between the companies over the Apple Watch.

Patent 98