Sat.Dec 23, 2023 - Fri.Dec 29, 2023

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Top Tips for Avoiding Trademark Scams

Erik K Pelton

The following is an edited transcript of my video Top Tips for Avoiding Trademark Scams No matter how many times I speak, post, and warn about them, scams are everywhere, and I get messages from people who are receiving scams almost every week. Tip #1 for avoiding trademark scams is know your registration renewal dates. Many scams try to get you to renew your trademark long before it’s even possible, so if you know the renewal dates, you can avoid those.

Trademark 130
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What Mickey Mouse Lapsing into the Public Domain Means

Plagiarism Today

In just a few days, the first appearance of Mickey Mouse lapses into the public domain. Here's what it really means to other creators. The post What Mickey Mouse Lapsing into the Public Domain Means appeared first on Plagiarism Today.

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DM@X in Toronto will be discussing the big Canadian content issues of 2023 and 2024

Hugh Stephens Blog

Used with permission Around this time of year, I typically write a blog post looking back at the big content issues over the past year and peek forward at the coming 12 months, in Canada, the US and elsewhere.

Blogging 159
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‘The Last of Us’ Is The Most Pirated TV Show of 2023

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV shows among torrenting pirates. For several years in a row, the list was headed by Game of Thrones but that reign came to an end after the series ended. In the years that followed, Disney+ releases stepped in to fill the void, with ‘Wandavision’ and ‘The Mandalorian’ taking wins in 2020 and 2021 respectively.

Reporting 143
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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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Artificial Intelligence and Copyright in China: Lessons from a Recent Court Case

Patently-O

by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China has begun its move in the opposite direction with the recent decision granting rights to an artist who created an image using the popular generative AI system Stable Diffusion. The case of Li v. Liu was decided by the recently Beijing Internet Court.

Copyright 139
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The 5 Dumbest Copyright Stories of 2023

Plagiarism Today

2023 was a banner year for copyright. However, the past 12 months also featured some real missteps and obvious mistakes. The post The 5 Dumbest Copyright Stories of 2023 appeared first on Plagiarism Today.

Copyright 275

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Trademark Practice in Korea is Changing - What US Companies Should Know and Consider

JD Supra Law

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in Korea, a later-filed mark that is similar to a senior mark already registered with the Korean Intellectual Property Office (“KIPO”) would be rejected for registration.

Trademark 120
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How U.S. Courts Ruled on Trademarks in 2023

IP Watchdog

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. Courts ruled on issues ranging from First Amendment and parody considerations to the extraterritorial reach of U.S. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

Trademark 119
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3 Count: Sign of the Times

Plagiarism Today

New York Times files lawsuit against Microsoft and OpenAI, Strike 3 Holdings breaks previous year's record and Star Wash draws lawsuit. The post 3 Count: Sign of the Times appeared first on Plagiarism Today.

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Chanel v EasyCash: Distribution of sample cosmetics does not trigger trade mark exhaustion

The IPKat

The issue of exhaustion of rights has been the subject of numerous decisions in the past few years [ IPKat here , here or here ]. This Kat has found an important recent ruling by the French Cour de Cassation involving this doctrine as applied to trade mark law. The issue was to determine whether the sale in a second-hand shop of cosmetic samples partially used or cosmetic products whose original packaging had been altered would amount to trade mark infringement.

Marketing 112
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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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Lawsuits Don’t Often Make Your Dreams Come True

JD Supra Law

The recent legal clash between Daryl Hall and John Oates highlights key lessons about partnership dynamics and the necessity for a well-crafted partnership agreement. Their conflict, while centered on assets derived from their creative collaborations, mirrors challenges that business partners often face when their relationship deteriorates.

Business 112
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From AI to Amgen, Here’s Everything IP that Mattered in 2023

IP Watchdog

Another year of IP is behind us, and it is time to reflect on what mattered most—what decisions will affect practice for years to come and/or continue to play out in the courts as we move into 2024? Below are reflections on milestones from this past year—some positive, some negative, and some neutral--at least for now.

IP 119
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3 Count: Motion Captured

Plagiarism Today

Disney ordered to pay $600k over motion capture software, Indian court rules for studio and DMCA notices try to deindex Artemis 2 info. The post 3 Count: Motion Captured appeared first on Plagiarism Today.

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Do generative AI inventions and works qualify for patents and copyrights? The Thaler and SURYAST decisions

Barry Sookman

Artificial intelligence (AI) systems and in particular generative AI (GenAI) systems have raised the question as to whether technical advances in the useful arts or synthetic content generated using these tools can qualify for patent or copyright protection. Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system.

Invention 113
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ACE Has Prepared a Huge List of Pirate Sites it Wants to Shut Down in 2024

TorrentFreak

During the past few hours, users of streaming site ahaseries.com hoping to access their favorite site would’ve met with disappointment. The same also goes for those who attempted to access uhuseries.com and owlserieshd.com. All three domains are now under the control of the Motion Picture Association, which in turn is directing visitors to the web portal of the Alliance for Creativity and Entertainment (ACE).

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What You Need to Know About Trade Secrets in 2023 (Part I)

IP Watchdog

Trade secrets in the United States have a fascinating history, during which courts shaped the common law tort as a way to enforce confidential relationships. Now the legal framework is statutory, with some version of the Uniform Trade Secrets Act (UTSA) in effect in every state except New York, and with uniformity in the federal system thanks to the Defend Trade Secrets Act of 2016 (DTSA).

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Patent Grant Total 2023

Patently-O

by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. This marks the fourth consecutive year of decline in the number of issued patents. The 2022 figures show a 3% decrease from the previous year and a 12% decrease from the record-high numbers seen in 2019, as depicted in the chart below.

Patent 107
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Things We Don’t Need: Generative AI

The Illusion of More

When I was planning to start The Illusion of More, I contemplated a category of posts under the heading We Don’t Need This. Although abandoned, I thought it might be an editorial framework for articles about innovations that really aren’t innovative, and the low-tech invention that originally inspired the idea was the kiddie-car/shopping-cart hybrid.

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ISP Linked to Premier League & La Liga Piracy Arrests Clears Up App “Confusion”

TorrentFreak

The exact nature of ‘Partners Against Piracy’ (PAP) can be a little disorientating at times. In March 2020, the Kenya Copyright Board announced that it had launched the ‘Partners Against Piracy Campaign’ describing it as a “multi-stakeholder” awareness program. The Copyright Board said that pirates “don’t pay for the goods or services that they utilize” and “hardly pay taxes and/or employ staff.” Broadly speaking, pirates were hav

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The Year in Review: Top Ten Michael Geist Substacks

Michael Geist

My look back at 2023 concludes with a review of my most popular Substacks of the year. Given the overlap between blog posts and Substacks, there is unsurprisingly overlap between the most popular posts with the piece on Bill S-210 occupying the top spot on both charts. However, there are differences, with posts on the CBC and my appearance before the CRTC that focused on competition and consumer choice making their way into the Substack top ten. 1.

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Happy Purim!

Likelihood of Confusion

Purim – the holiday that celebrates LIKELIHOOD OF CONFUSION! Speaking of which — click here for the PTO’s response to the application for a writ of mandamus to the Federal. The post Happy Purim! appeared first on LIKELIHOOD OF CONFUSION™.

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So Blog, So Good: The Best of 2023

Cogency Global

What this is : From the Corporate Transparency Act to China’s accession to the Hague Apostille Convention, 2023 certainly never gave us a dull moment. We've conveniently rounded up our top 10 most popular articles (based on views) from the year for your perusal. What this means : You could argue that 2023 made 2022 look like 2021 , but then you’d have to go back and read our top 10 articles for each year.

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One Person Company : A Boon To Individual Businessman

IP and Legal Filings

INTRODUCTION The retail industry in India is experiencing a revolution as a result of the changing lifestyles of the country’s population. The prevailing type of enterprises functioning within this sector are small-scale merchants that adhere to traditional business techniques. Recent years, nevertheless, have witnessed a shift towards contemporary retailing.

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The Not-So-Wild West of AI Regulation

JD Supra Law

Over the past year, we have seen the various agencies and branches of government issue a slew of rules, guidance, and directives over the use (and misuse) of Artificial Intelligence (AI). In May, the EEOC issued guidance on the use of automated systems in employment decisions. November 2023 brought the White House’s AI Executive Order, directing federal agencies to develop further guidelines around areas of privacy, national security, consumer protection, cybersecurity, and intellectual.

Privacy 84
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The Age of the Mouse is Nigh!

The Illusion of More

And the fairy that is called Tinkerbell said, come and see. And I saw, and behold, a Mouse with large black ears. And the name that said on him was Mirth. And Joy followed with him. And to those who may feel anxious about the coming year, I say unto thee, fear not. Whatever your […] The post The Age of the Mouse is Nigh! appeared first on The Illusion of More.

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Toyota Practical Problem Solving (PPS)—Monitor and Share

Christopher Roser

This post of my series on Practical Problem Solving (PPS) looks at what to do after you have done the “Do” part of PDCA. Yes, that’s right, after implementing the solutions you are not done yet. You need to monitor the outcome to see whether it has actually achieved the target you set much earlier. Read more The post Toyota Practical Problem Solving (PPS)—Monitor and Share first appeared on AllAboutLean.com.

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FBI Chief Fears that A.I. will Embolden China to Steal Even More U.S. Intellectual Property

IP Close Up

In a rare joint statement, intelligence leaders from the Five Eyes countries accused China of intellectual property theft and using artificial intelligence for hacking and Continue reading

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Compliance Officers Beware: the SEC is Looking to Expand the Reach of Insider Trading

JD Supra Law

On November 20, 2023, the Northern District of California denied summary judgment for the defendant in SEC v. Panuwat, an enforcement action being brought under a novel theory of insider trading law that is being referred to as shadow trading. Classically, insider trading occurs when a corporate insider commits securities fraud by trading in the securities of their own company on the basis of material nonpublic information (MNPI).

Law 81
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Book Review: Intellectual Property and the Design of Nature

The IPKat

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more.

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2023 Quick Links: IP, Keyword Ads

Technology & Marketing Law Blog

* For over a decade, I’ve implored people to stop using the term “Soft IP.” Amanda Levendowski now provides another reason: the term has problematic gender implications. * After II Movie, LLC v. Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Tex. Jan 31, 2023). Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. * Live Face on Web LLC v.

IP 72
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The Year in Review: Top Ten Posts

Michael Geist

Last week’s Law Bytes podcast features a look at the year in review along with some guesses at what lies ahead. Before wrapping up for the year, the next three posts will highlight the most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, which starts with a recent look at Bill S-210 and potential age verification and site blocking on the Internet.

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Biosimilar Deals Updates: Biocon, AstraZeneca

JD Supra Law

As an update to our previous report, Biocon Biologics Ltd. (a subsidiary of Biocon Ltd.) announced the successful completion of the transition of the acquired biosimilars business in approximately 120 countries, a year ahead of schedule.

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CAFC Says District Court Erred in Claim Construction of ‘Barcode’

IP Watchdog

On December 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in K-fee System GmbH v. Nespresso USA, Inc., reversing a claim construction ruling and summary judgment of noninfringement issued by the Central District of California. In construing the claim term “barcode” de novo, the Federal Circuit found that the district court erred in finding that its definition expressly excluded “bit codes” in light of the patent owner’s representations during Europea

Patent 69
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New York Non-Compete Ban is Off the Table—For Now

Trading Secrets

Seyfarth Synopsis : Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023. As we reported most recently here , New York was set to join a number of states that prohibit non-compete clauses in employment agreements. In June 2023, the Legislature passed a bill that would have declared an outright ban on such agreements, with no exceptions, but its formal “delivery” to the Governor was dela

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A lion's head is a weak trade mark, says General Court

The IPKat

On 20 December 2023, the General Court (GC) issued its decision in the case T-564/2 regarding the registration of an EU figurative trade mark representing a lion’s head encircled by rings forming a chain in classes 14 and 25. Background On 23 November 2017, Pierre Balmain (the applicant) filed an application for registration in classes 14 and 25 of the following figurative EU trade mark: Polish company Story Time sp.