Sat.Jan 27, 2024 - Fri.Feb 02, 2024

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Richard Prince and the Future of Fair Use

Plagiarism Today

Richard Prince has agreed to pay two photographers whose work he used in his art. Here's what it means for fair use moving forward. The post Richard Prince and the Future of Fair Use appeared first on Plagiarism Today.

Fair Use 254
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More Balanced Interpretation of US “Transformation” Fair Use Test gives Rightsholders Better Leverage to Protect their Works

Hugh Stephens Blog

Photo: Author A couple of recent cases in the US involving (mis)appropriation of copyrighted photographs indicate the tide may be changing with respect to the interpretation of what constitutes fair use, moving from a very liberal interpretation of “transformation” that has been used in recent years to justify unauthorized reproduction of copyrighted works by making … Continue reading "More Balanced Interpretation of US “Transformation” Fair Use Test gives Rightsholders Better Levera

Fair Use 157
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25 Branding Tips

Erik K Pelton

Celebrating our 25th year with the “25” Series. Erik shares 25 Branding Tips in this video. The post 25 Branding Tips appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the “25” Series. Erik shares 25 Branding Tips in this video.

Branding 130
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Looking Ahead in the UK - Technology, Data Privacy, Cybersecurity and IP developments in 2024

JD Supra Law

Intellectual Property - Generative AI – ongoing impacts - Since 2022, the popularity and availability of generative AI has continued to grow. It is estimated that 79% of internet users aged 13-17, and 31% of those aged 16 and above, use generative AI tools and services.

Privacy 134
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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 Bizarre Case of the Serial Lit Mag Plagiarist

Plagiarism Today

Recently, pseudonymous author John Kucera has become the bane of literary magazine editors for his flagrant and ongoing plagiarism. The post The Bizarre Case of the Serial Lit Mag Plagiarist appeared first on Plagiarism Today.

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Bill S-210 is Just the Beginning: How a Canadian Digital Lobby Group is Promoting a Standard to “Foster Widespread Adoption of Age Verification Technologies in Canada”

Michael Geist

This week’s Law Bytes podcast features a revealing discussion with Senator Julie Miville- Dechêne , the chief architect and lead defender of Bill S-210 or t he Protecting Young Persons from Exposure to Pornography Act. It may be the most dangerous Internet bill you’ve never heard of since it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media.

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Is Your Super Bowl Marketing Campaign Playing by the Rules? 5 Tips to Help You Avoid Getting a Penalty

JD Supra Law

With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver.

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3 Count: 78 RPMs

Plagiarism Today

Internet Archive hits back in music label lawsuit, German police seize billions worth of bitcoin and Nightshade gets 250K downloads. The post 3 Count: 78 RPMs appeared first on Plagiarism Today.

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Battle Between Newspaper Giant and Generative AI Boils Down to Definition of Fair Use

IP Watchdog

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act. As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of

Fair Use 115
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The Law Bytes Podcast, Episode 190: Debating Bill S-210 – Senator Julie Miville-Dechêne Defends Her Internet Age Verification Bill

Michael Geist

I’ve described Bill S-210 , the Protecting Young Persons from Exposure to Pornography Act , as the most dangerous Internet bill you’ve never heard of as it contemplates measures that raise privacy concerns, website blocking, and extend far beyond pornography sites to include search and social media. The bill started in the Senate and having passed there is now in the House of Commons, where MPs voted in favour of it at second reading and sent it to committee for further study.

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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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California Church Wins Permanent Injunction Prohibiting Wedding Venue From Using Church’s Distinctive Trade Dress For Chapel

JD Supra Law

Wayfarers Chapel, a Rancho Palos Verdes church, sued Malibu wedding chapel Calamigos Ranch on trademark and trade dress infringement grounds, as well as unfair competition. Interestingly, Wayfarers Chapel alleged in their complaint dated January 25, 2023 that the defendants copied the “distinctive architectural trade dress of the chapel itself.”.

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3 Count: Substantially Unsimilar

Plagiarism Today

Kat Von D wins tattoo trial, Richard Prince settles dispute with photographers and Ironmace gets win in Dark and Darker case. The post 3 Count: Substantially Unsimilar appeared first on Plagiarism Today.

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Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision

The IP Law Blog

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press , addressed the interplay between the decision in Jack Daniels and the Rogers test. The Rogers test comes from the 1989 Second Circuit case Rogers v.

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Some Thoughts on the Draft Patent (2nd Amendment) Rules, 2024

SpicyIP

Image from here [ This post has been co-authored with SpicyIP Intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here. ] On August 2, 2023, the extremely problematic Jan Vishwas Act, 2023 was passed by the Parliament. As highlighted by Aparajita, here and here , the amendments introduced by the Jan Vishwas Act, 2023 dilute the obligation to submit the working statement and introduc

Patent 111
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Disney ‘Cracks Down’ on Mickey Mouse ‘Steamboat Silly’ Pirates

TorrentFreak

For several decades, Disney has managed to keep the earliest footage of its iconic mouse protected. Notably, the 1998 U.S. Copyright Term Extension Act, also dubbed the Mickey Mouse Protection Act , extended copyright protection to 95 years. When Walt Disney released “ Steamboat Willie ” in 1928, he couldn’t have envisioned how important this short film would become, or that its entrance into the U.S. public domain would spark headlines worldwide.

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3 Count: Llama Drama

Plagiarism Today

ISP says music companies could sue file sharers directly, Copyright Office reviews music licensing systems and Meta creates Llama drama. The post 3 Count: Llama Drama appeared first on Plagiarism Today.

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Richard Prince Effectively Settles, Dodging Post-Warhol Fair Use Ruling

IP Watchdog

On Thursday, final judgments were issued in a pair of copyright infringement cases that arose from a now infamous 2014/2015 project New Portraits, where appropriations artist Richard Prince displayed Instagram photos and user comments as a purported commentary on social media and art. The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all t

Fair Use 110
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USPTO Slams Lundbeck's PTSD Drug Patent Term Suit

IP Law 360

The U.S. Patent and Trademark Office is going for an early win in Virginia federal court where Danish drugmaker H. Lundbeck A/S is seeking to extend the life of a patent for a PTSD drug by three months, calling the case straightforward.

Patent 105
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ISP Suggests That Record Labels Can Sue Torrent Client Developers

TorrentFreak

Late 2022, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough following complaints about pirating subscribers. Specifically, the labels alleged that the company failed to terminate repeat infringers.

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3 Count: Carlin’s Ghost

Plagiarism Today

George Carlin estate sues podcasters over AI comedy special, Jimi Hendrix bandmates to sue over royalties and USCO looks at AI royalties. The post 3 Count: Carlin’s Ghost appeared first on Plagiarism Today.

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Comments on the Proposed Patent (2nd Amendment) Rules, 2024

SpicyIP

Image from here On January 3, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 inviting public comments on the Proposed Rules. As discussed here , these hastily drafted Rules, full of typos and ambiguity, seem to enforce the amendments introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023 and proposes to set up a new mechanism to hear complaints against offences under Sections 120, 122 and 123 of the Pa

Patent 105
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January 2024 Roundup of Copyright News

Copyright Alliance

In January, there was big copyright news coming out from the courts, including two final judgments entered by a court involving concessions of willful copyright infringement and forfeiture of the […] The post January 2024 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 104
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The Federal Circuit Could Make the ITC a More Appealing Forum

IP Watchdog

In a pending case, the Federal Circuit is primed to provide much-needed clarity on the economic prong of the domestic industry requirement at the United States International Trade Commission (ITC). In ruling, the court will likely resolve a long-running dispute between individual commissioners regarding how to apply the so-called “mere importer” test when determining whether the domestic industry requirement is met.

Inventor 105
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The Norway Plagiarism Scandal

Plagiarism Today

In Norway, one prominent minster has resigned and another is fighting for their position following a pair of predictable plagiarism scandals. The post The Norway Plagiarism Scandal appeared first on Plagiarism Today.

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Restrictions on E-Register and Public Search Features of the Trademarks Registry Lifted (Finally!)

SpicyIP

Image from here Some good news for trademark practitioners! The restriction imposed on the E-Register and the Public Search features of the Trademarks Registry’s website is finally lifted, making them accessible 24×7. As discussed here , the restriction was imposed due to an increased load on the TM application and database servers. A big thanks to one of our readers for sharing the public notice lifting this restriction, in the comments of my previous post.

Trademark 104
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AI Inventorship Patent Options After UK Supreme Court Ruling

IP Law 360

The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

Inventor 105
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Iancu, Michel and Other PTAB Masters Panelists Float Ways to Make the System Better

IP Watchdog

Speakers at IPWatchdog’s PTAB Masters 2024 program this week predicted there will be little movement on the U.S. Patent and Trademark Office’s (USPTO) Advance Notice of Proposed Rulemaking anytime soon, but some pinned their hopes for change at the Patent Trial and Appeal Board (PTAB) to the pending Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act.

Patent 105
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Harvard’s Chief Diversity Officer Accused of Plagiarism

Plagiarism Today

In the latest plagiarism scandal involving Harvard, the school's chief diversity offer faces allegations of plagiarism in two separate works. The post Harvard’s Chief Diversity Officer Accused of Plagiarism appeared first on Plagiarism Today.

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Cybersquatting: Delhi HC on Infiniti Retail Limited v. M/S Croma – Share & Ors.

SpicyIP

The Delhi High Court granted ex parte permanent injunction against the defendant entities which were misusing Tata’s “Croma” for fraudulent practices. Facts Infiniti Retail Limited, a wholly owned subsidiary of Tata Sons, is the registered owner of “Croma”. The retail chain “Croma”, which was launched in 2006, offers a wide range of retail products ranging from electronic products to kitchen appliances.

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Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels

Technology & Marketing Law Blog

This is one of the many pending “Pixel” cases. If you don’t recall, a “pixel” is a 1×1-pixel image file that is imperceptible to web visitors. A website adds code to its web page that summons the pixel from a third-party source. By delivering the pixel and related items like cookies, the third party can independently and automatically gather information about the web visitor.

Law 101
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Biden Admin and U.S. Chamber Clash Over IRA Drug Pricing Impact

IP Watchdog

Today, the U.S. Department of Health and Human Services (HHS) made its initial offers to pharmaceutical companies pursuant to the Biden Administration’s Inflation Reduction Act of 2022 (IRA), which allows the U.S. Government to “negotiate” Medicare drug prices under a set framework based upon the amount of time a drug has spent on the market. Opponents of the program, including the U.S.

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Music Labels ‘Vinyl’ Copyright Lawsuit Comes Too Late, Internet Archive Says

TorrentFreak

Founded in 1996, the Internet Archive has built an unparalleled library of digital artifacts in less than three decades. Many people are familiar with the website archiving project “Wayback Machine” but the non-profit also has many other preservation projects underway. These meticulous archiving skills are a vital part of the digital history books, which are being ‘written’ as we speak.

Music 102
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SpicyIP Tidbit: Bombay High Court Issues Dynamic Injunction to Protect National Interests!  

SpicyIP

Image from here [ This tidbit is authored by Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here.] I have heard that imitation is the sincerest form of flattery. But, the PAN card service provider- UTI Infrastructure Technology and Service Limited ( UTIITSL ) was definitely not flattered, and neither was the Court.

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Global Brand Protection – How to Manage an Anti-Counterfeiting Program

IP Tech Blog

For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth. Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. It is important for brand owners to register its core trademarks (both in relation to the overall brand names and in relation to any individual products which are produced by the brand owner)

Branding 101
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FTC Hosts Tech Summit on Artificial Intelligence

JD Supra Law

On Thursday, January 25, the Federal Trade Commission’s (FTC) Office of Technology hosted the FTC Tech Summit to discuss key developments in artificial intelligence (AI). The FTC brought together thought leaders from across the AI landscape to consider how to foster a fair and inclusive AI marketplace given the rapid development of large language models and generative AI.