Sat.Mar 23, 2024 - Fri.Mar 29, 2024

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3 Count: Brief Briefs

Plagiarism Today

Amicus briefs filed in support of publishers in Internet Archive case, man arrested for selling pirate IPTV devices in Singapore and more. The post 3 Count: Brief Briefs appeared first on Plagiarism Today.

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25 Examples of Non Traditional Trademarks

Erik K Pelton

Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode. The post 25 Examples of Non Traditional Trademarks appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode.

Trademark 130
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Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books.

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[Video] Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal

JD Supra Law

Music lawyer Tamera Bennett and TV lawyer Gordon Firemark discuss: Was “Over The Rainbow” copied; Was the script of “The Holdovers” copied; This month a “loyalty certificate” is original enough for copyright protection compared to the case we discussed in Episode 165; Legal strategies are shifting in AI cases toward removal of copyright management information; “Road House” remake is the target of a copyright grant termination notice; Link to chart of AI and IP lawsuits; Nickelback wins in Fifth.

Copyright 132
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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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Blackmail and the Contract Cheating Industry

Plagiarism Today

A university launched a sting operation to test contract cheaters. They got was a lesson in blackmail and the dangers of the industry. The post Blackmail and the Contract Cheating Industry appeared first on Plagiarism Today.

Contracts 228
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GOA report details how USPTO must to more to identify trademark fraud risks and implement technologies for identifying fraud

Erik K Pelton

A recent r eport from the United States Government Accountability Office detailed the need for better handling of the fraudulent trademark filings at the USPTO. The report, which was sent to the judiciary committees of the House and Senate, as well as the Secretary Commerce, notes that the GAO recommends “improving USPTO’s fraud risk management to help address the problem” of registrations that “may include false or inaccurate claims and could be fraudulent.

Reporting 130

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UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

JD Supra Law

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark infringement in the United Kingdom.

Trademark 127
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3 Count: Tiger King 2024

Plagiarism Today

Appeals Court revives Tiger King lawsuit, lawsuit over The Batman is dismissed and Tekken modders targeted with takedowns. The post 3 Count: Tiger King 2024 appeared first on Plagiarism Today.

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Trademark Lessons from a Swiftie

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from Taylor Swift The Eras Tour. Have you seen The Eras Tour, live or on video? It is a tremendous show and performance. I found five takeaways for brand owners. Many elements go into making something great. Great songs, great voice, great connection with the audience, great charisma, great performance, great production—a lot of elements that go into it.

Trademark 130
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Ukraine Commits to Piracy Crackdown, Draws Up Blacklist, Joins WIPO ALERT

TorrentFreak

After more than two years of incalculable losses following Russia’s full-blown invasion in 2022, Ukraine continues to defy the odds as it fights for the right to exist as an independent state. With no obvious end in sight and politics in the United States undermining offensive capability, Ukrainian gains are being reversed in several front line regions, a situation predicted to further deteriorate later this year.

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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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Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

JD Supra Law

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study.

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3 Count: ELVIS Impersonation

Plagiarism Today

Tennessee passes ELVIS Act, Spanish judge blocks 8 million Telegram users and Universal settles copyright termination dispute. The post 3 Count: ELVIS Impersonation appeared first on Plagiarism Today.

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‘IP Rights’ is the National High School Debate Topic for 2024-2025

IP Watchdog

After a year-long process involving 38 state organizations and dozens of individual representatives, IP rights has been selected as the topic for the 2024-2025 debate competition by The National Federation of State High School Associations (NFHS). “Should the U.S. strengthen intellectual property rights” was chosen over “Nuclear Weapons Reduction” by a 25-17 vote in the final balloting process.

IP 111
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Telegram Block Averted For Now But Escalating Threat is Far From Over

TorrentFreak

For almost a quarter of a century a subset of internet activists have equated certain types of piracy mitigation measures to censorship and attacks on free speech. A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders.

Privacy 106
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Blockchain+ Bi-Weekly - March 2024 #2

JD Supra Law

It was a busy two weeks in Web3 law, as Binance lost in an appeal that could have wide-ranging jurisdictional implications outside of just digital assets. Coinbase also went on the offensive against the SEC in appealing the SEC’s denial of rulemaking, and Coinbase was supported by many industry stakeholders as amicus a week later.

Business 124
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Yet Another Magic: The Gathering Plagiarism Scandal

Plagiarism Today

Wizards of the Coast is at the heart of another art plagiarism scandal, this one involving a new Magic: The Gathering card. The post Yet Another Magic: The Gathering Plagiarism Scandal appeared first on Plagiarism Today.

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Intel License Defense Tossed In Calif. VLSI Patent Case

IP Law 360

A California federal judge on Friday threw out Intel's counterclaim arguing that it has a license to VLSI's microchip patents in a multibillion-dollar dispute, indicating that it can be raised in a separate case.

Licensing 105
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‘Operation 404’ Results in First Prison Sentence for Pirate IPTV Operator

TorrentFreak

In the fall of 2019 , Brazilian law enforcement agencies launched the first wave of anti-piracy campaign ‘Operation 404,’ referring to the well-known HTTP error code. With help from law enforcement in the United States, the United Kingdom, and Argentina, the authorities took down more than a hundred sites and services, while several suspects were arrested.

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Consumers Target Apple Following DOJ Antitrust Suit

IP Watchdog

A number of individual consumers have filed suit against Apple, Inc. in California and New Jersey courts, piggybacking on the U.S. Department of Justice’s (DOJ’s) March 21 complaint accusing Apple of “broad-based, exclusionary conduct” amounting to monopolization of the smartphone market. The DOJ’s sweeping complaint included a number of U.S. states as plaintiffs and charged Apple with “thwart[ing] innovation” and throttle[ing] competitive alternatives via its practices around the iPhone platfor

Marketing 105
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Plagiarism and the Retired Minister

Plagiarism Today

A recent New York Times advice column looked at a plagiarism story involving a retired minister. Here's what the response missed. The post Plagiarism and the Retired Minister appeared first on Plagiarism Today.

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Gerber's Good Start troubles continue

43(B)log

Hasemann v. Gerber Prods. Co., 2024 WL 1282368, No. 15-CV-2995(EK)(JAM), 16-CV-1153(EK)(JAM), 17-CV-0093(EK)(JAM) (E.D.N.Y. Mar. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. GSG uses cow’s milk protein that has been partially broken down (“100% Whey-Protein Partially Hydrolyzed”).

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Chewy, IBM Agree To End Online Ad Patent Dispute

IP Law 360

Online pet goods retailer Chewy Inc. and computing giant IBM Corp. have agreed to drop a patent fight in New York federal court, shortly after a federal appeals court wrote there was a "genuine dispute of material fact" surrounding infringement allegations tied to one of IBM's patent claims.

Patent 105
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All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use

JD Supra Law

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was used descriptively and in good faith. Solid 21, Inc. v. Breitling U.S.A., Inc., Case No. 22-366 (2d Cir. Mar. 14, 2024) (Wesley, Sullivan, JJ.

Fair Use 105
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3 Count: Why the Long Face?

Plagiarism Today

Fight over Nirvana's smiley face is back in court, Nigerian cell provider charged over ring back tones and Italy's Piracy Shield code leaked. The post 3 Count: Why the Long Face? appeared first on Plagiarism Today.

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Live ‘Piracy Shield’ Data Exposed By New Platform Reveals Akamai IP Blocking

TorrentFreak

After initially denying that Italy’s new Piracy Shield anti-piracy platform had been responsible for any over-blocking, last week telecoms regulator AGCOM conceded that an IP address belonging to Cloudflare had been blocked in error. While that might be considered progress of sorts, the incident was downplayed as minor on the basis it was rectified a few hours later.

IP 104
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Stay Interviews Are Key To Retaining Legal Talent

IP Law 360

Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

Law 98
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Medical Negligence – Do You Have A Case?

Nelligan Law

Reading Time: 3 minutes During my many gratifying years as a family physician it was not unusual for patients to confide their dissatisfaction with care they had received elsewhere in the health care system. A particularly unsatisfactory experience often causes patients to wonder if they have been the victim of medical negligence. What should a concerned patient know about dealing with such a concern?

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Why There is No One Standard of Plagiarism

Plagiarism Today

Citation standards vary wildly depending on the type of work. Here's why there is no singular standard for everything. The post Why There is No One Standard of Plagiarism appeared first on Plagiarism Today.

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Hollywood Studios, Amazon & Netflix Sue ‘Evasive’ Pirate IPTV Operator From Texas

TorrentFreak

Operating a pirate IPTV service can be a dangerous endeavor, no matter where one’s located. In the United States, home to Hollywood and other major entertainment outfits, the risks are arguably even higher. In the past, we have seen several pirate IPTV businesses being taken to court , with rightsholders almost always on the winning side. These cases can result in million-dollar damages awards or even multi-year prison sentences , if the feds get involved.

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Northern Texas Judges Won't Adopt Judge-Shopping Rule

IP Law 360

Judges with the Northern District of Texas have opted not to make any changes to how cases are assigned, despite a recent letter from Senate Majority Leader Chuck Schumer urging the district to implement an updated policy aiming to prevent litigants from judge shopping, the district's chief judge said Friday.

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PissedConsumer.com: Devere Group v. Opinion Corp.

Likelihood of Confusion

I have — win, lose or draw — kept you all abreast of the progress of the various lawsuits against PissedConsumer.com (otherwise known as Opinion Corp.), the gripe site that people hate so much. Why do some people hate PissedConsumer.com? Because they assume whatever someone writes about them in a lawsuit must be true! This is […] The post PissedConsumer.com: Devere Group v.

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Human Voice Gaining Protection in Confronting Generative AI

The Illusion of More

Last week, Tennessee passed the ELVIS Act to expand its statutory right of publicity (ROP) law to include voice as a protected aspect of an individual’s “likeness.” In response to artificial intelligence enabling more precise replication of specific, human sounding voices, it is little surprise that the music powerhouse state has taken swift action to […] The post Human Voice Gaining Protection in Confronting Generative AI appeared first on The Illusion of More.

Music 93
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Premier League IPTV Piracy Clickbait Reaches New Low, But Will Go Lower

TorrentFreak

Being able to receive and impart knowledge and ideas with other people is one of the most important things any human will ever do. The information shared or received won’t always be accurate, even if we believe it is. It might not be accurate even if it appears in several widely read online newspapers. All anyone really expects is a tiny effort to ensure that they aren’t being fed fabricated nonsense made up on the spot.

Law 99
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Quinn Emanuel Adds Longtime Kirkland Litigator In Chicago

IP Law 360

Quinn Emanuel Urquhart & Sullivan LLP's office in Chicago has added a 24-year veteran of Kirkland & Ellis LLP who litigates intellectual property, high-profile torts and product liability matters, the firm announced this week.

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Cease and desist: Tough but fair

Likelihood of Confusion

You don’t have to be a bomb-thrower like me to have strong opinions about muscle-bound cease and desist letters. Duets Blogger Steve Baird, no defense-side snowflake, has agreed with me in the past on this topic. He has a new post that includes some great advice for would-be trademark enforcers, whom he advises to put […] The post Cease and desist: Tough but fair appeared first on LIKELIHOOD OF CONFUSION™.