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What the Latest Supreme Court Copyright Ruling Means for You

Plagiarism Today

Last week, the Supreme Court ruled that a music producer can collect over a decade of damages. What does it mean for you? The post What the Latest Supreme Court Copyright Ruling Means for You appeared first on Plagiarism Today.

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Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

JD Supra Law

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed system, and if the data is used for a large language model,” said Leonard Dietzen and Jacey Kaps, CIPP/US, Partners at RumbergerKirk.

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Why AI Makes Copyright Registration More Important

Plagiarism Today

For most creators, copyright registrations aren't practical. However, AI may give some a reason to change their mind. The post Why AI Makes Copyright Registration More Important appeared first on Plagiarism Today.

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25 Names You Won’t Believe Are Registered Trademarks and Not Generic

Erik K Pelton

Erik shares 25 commonly used names that are actually registered trademarks in this episode. Some of them may surprise you! The post 25 Names You Won’t Believe Are Registered Trademarks and Not Generic appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 commonly used names that are actually registered trademarks in this episode.

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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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Marvel Subpoenas Instagram to Expose ‘Captain America: Brave New World’ Leaker

TorrentFreak

The fourth installment of Marvel’s Captain America film series is scheduled to be released February next year. Captain America: Brave New World is directed by Julius Onah and will star Anthony Mackie in the role of Samuel Wilson, better known to the broader public as “Captain America” In the lead-up to the film’s premiere, there’s been no shortage of rumors and leaks.

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The USPTO Needs to Investigate This Disturbing ‘Patent Examiner’ Reddit Thread

IP Watchdog

If you have done a search for just about anything using Google, you have no doubt at one time or another stumbled across Reddit, the self-described “home to thousands of communities, endless conversation, and authentic human connection.” Regardless of what you are interested in, there is a community and conversation to be found on Reddit. For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4

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Why the Supreme Court’s Latest Copyright Ruling May Be Short-Lived

Copyright Lately

The ink’s not even dry on Warner Chappell Music v. Nealy , yet the Court is already poised to make its new decision on copyright damages obsolete. Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in Warner Chappell Music, Inc. v. Nealy , ruling that, so long as a claim is timely filed, a copyright plaintiff is “entitled to damages, no matter when the infringement occurred.” Creative Cheers and Legal Uncertainties The Court’s decision was immediately c

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Supreme Court Decides Warner Chappell Music, Inc. v. Nealy

JD Supra Law

On May 9, 2024, the U.S. Supreme Court decided Warner Chappell Music, Inc. v. Nealy, No. 22-1078, holding that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement itself occurred.

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Supreme Court: There’s No ‘Time Limit’ on Copyright Infringement Claims

TorrentFreak

In 1983, Sherman Nealy and Tony Butler founded Music Specialist Inc, an independent label that recorded just one album and a few tracks. The venture didn’t score any hits and it eventually dissolved after a few years. Nealy’s personal life was no major success either, as he spent time in prison from 1989 to 2008, and again from 2012 to 2015.

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USPTO Proposes Controversial New Rule on Terminal Disclaimer Practice

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) will officially publish a Notice of Proposed Rulemaking (NPRM) tomorrow that would change terminal disclaimer practice related to “non-statutory double patenting.” The judicially-created doctrine of “obviousness-type double patenting”(ODP) has become codified by the USPTO such that the Office will reject claims to more than one patent that vary in only minor ways from one another unless there is a promise by the patentee “not to extend the patent excl

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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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Yet Another NFT Copyright Failure

Plagiarism Today

Yuga Labs announced a new commercial NFT venture. However, the works involved were already placed in the public domain. The post Yet Another NFT Copyright Failure appeared first on Plagiarism Today.

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Empowering Innovation: The Role of Intellectual Property in Technology Transfer

IP and Legal Filings

INTRODUCTION Technology transfer is a way for innovation. Its gained momentum with the advent of importance in R&D and patent registration. While facilitating technology transfer, it is significant to look at how IP rights play a role. It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges.

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New Utah NHL Team Takes Shot-Pass With Nine Intent-to-Use Trademark Applications

JD Supra Law

Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey fans are now aware that the Coyotes will be relocating to Salt Lake City.

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BREAKING: Jury Says Microsoft Owes $242M For Infringing IPA Patent

IP Law 360

A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

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Infographic | How to protect packaging with IP

Olartemoure Blog

In the competitive market, protecting the packaging design of products is highly important. Let’s talk about three intellectual property ways that can be used to protect your packaging. Each method provides unique benefits and protections. How can I protect designs with copyrights? Whether it’s an elaborate label design with vibrant colors or a characteristic illustration on your product packaging, copyrights protect the visual elements that make your product truly distinctive.

IP 105
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SCOTUS Rejects Three-Year Limit on Copyright Damages But Sidesteps Accrual Question

IP Watchdog

The U.S. Supreme Court today issued its decision in Warner Chappell Music v. Nealy, a case that asks whether a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit. The Justices ruled 6-3 that “the Copyright Act entitles a copyright owner to recover damages for any timely claim,” with no limit preventing recovery for infringement that happened beyond three years.

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NBA Hall of Fame Player Sues Over Unauthorized Use of Image

JD Supra Law

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.

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Retail Group Opposes $1B Arbitral Award Against Walgreens

IP Law 360

An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.

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Wrong skillset for trademark registration (Best of 2016)

Likelihood of Confusion

Originally posted on April 28, 2016. John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate. In re National Presto Industries, Inc., Serial No. 85883551 […] The post Wrong skillset for trademark registration (Best of 2016) appeared first on LIKELIHOOD OF

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Eurovision’s Bizarre Plagiarism History

Plagiarism Today

Another year, another Eurovision plagiarism allegation. The annual show has a long history of plagiarism controversies, here's why. The post Eurovision’s Bizarre Plagiarism History appeared first on Plagiarism Today.

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Top 10 Charitable Solicitation Registration FAQs from Nonprofits

Cogency Global

What this is : In the world of nonprofit corporations, much of the focus is on charitable organizations. These types of nonprofit organizations come up with many recurring questions, especially as they relate to fundraising and state charitable solicitation registration requirements nationwide. What this means : To help address some common areas of confusion, we’ve shared the top 10 nonprofit compliance questions regarding fundraising that we field the most.

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Navigating Intellectual Property for Creatives

JD Supra Law

This presentation examines the essential role of intellectual property law in the success of inventors, entrepreneurs, and content creators. Additionally, this presentation addresses common questions and concerns within these industries, offering a platform to seek personalized legal advice for unique situations.

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E-Discovery Quarterly: Recent Rulings On Text Message Data

IP Law 360

Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

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New Piracy Blocking Order in Australia, Perhaps Congress Will Take a Look

TorrentFreak

After almost a decade of fine-tuning, including amendments to copyright law, the administration of Australia’s pirate site-blocking system looks organized and reliable. Applications for injunctions filed at Federal Court are usually headed by local movie company Village Roadshow, with the main beneficiaries the major Hollywood studios, Netflix, and more recently, Apple.

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3 Count: Counterpunch

Plagiarism Today

MGM hits back in lawsuit over Road House script, DC Circuit skeptical about DMCA challenge and diss tracks freed of copyright restrictions. The post 3 Count: Counterpunch appeared first on Plagiarism Today.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. Not that he meant to do this, mind you. He was trying to do the opposite. But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of Calif

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DraftKings Obtains Restrictive Covenant and Trade Secret Injunction Against Former Executive

JD Supra Law

All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing its former Senior Vice President of Growth, Customer, Michael Hermalyn, from violating his restrictive covenants with DraftKings or misappropriating its confidential information.

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USPTO Says TM Applicants' Data Was Accidentally Leaked

IP Law 360

About 14,000 trademark applicants have been notified by the U.S. Patent and Trademark Office that some of their personal information had accidentally been released publicly, with the agency saying it happened over an eight-month period.

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Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery Rule

Patently-O

By Dennis Crouch and Timothy Knight On May 9, 2024, the Supreme Court issued its opinion in Warner Chappell Music v. Nealy , No. 22-1078, 601 U.S. (2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. In a 6-3 decision authored by Justice Kagan, the Court affirmed the Eleventh Circuit’s ruling, permitting recovery of damages for acts that occurred more than three years before the filing of the lawsuit under the “discovery accrual ru

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3 Count: Shark Bite

Plagiarism Today

Judge denies new trial in Kat Von D case, Sony sends notice over Shark Tank India clips and Musi raises questions about legality. The post 3 Count: Shark Bite appeared first on Plagiarism Today.

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Telegram Reportedly “Ready to Fight Piracy” According to Govt. Official

TorrentFreak

Following a rightsholder complaint about copyright infringement taking place on Telegram, a judge in Spain issued a controversial order for ISPs to block Telegram in its entirety , across the whole country. As soon as the order was made public, nationwide and then international uproar led to the judge reconsidering whether the order really was a “necessary” and “proportional” response.

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Former Engineer Accused of Shafting Prominent Golf Shaft Designer and Manufacturer

JD Supra Law

Plaintiff Fujikura Composite America, Inc. (“Fujikura”) is one of the most prominent golf club shaft designers and manufacturers. Per Fujikura, in the 2022-2023 PGA Tour season, half of all PGA tournaments were won by a player using a Fujikura shaft.

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FICO Blasts Discovery 'Sideshows' In VantageScore Suit

IP Law 360

An Illinois federal judge handling antitrust claims targeting the credit-scoring market should disregard the "sideshows" customers lodged by requesting confidential settlement records and other documents that are too far removed from the case's core issues, Fair Isaac Corp. argued on Wednesday.

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Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024

43(B)log

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.

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3 Count: Artificial Hypocrisy

Plagiarism Today

Supreme Court rules for bigger damages in music cases, OpenAI is accused of copyright hypocrisy, and Warner removes LOTR fan film. The post 3 Count: Artificial Hypocrisy appeared first on Plagiarism Today.