Mon.Jul 22, 2024

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Why Lawyers Should Be Careful with AI

Plagiarism Today

A Canadian lawyer is being investigated after submitting an AI-generated application. Here's why legal professionals should be wary of AI. The post Why Lawyers Should Be Careful with AI appeared first on Plagiarism Today.

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Navigating Risks in Technology Transactions Involving AI

JD Supra Law

Many companies are considering or currently engaging in acquisitions or investments in startups and established providers of artificial intelligence (“AI”) technology. They see opportunities to leverage AI to build and improve their existing businesses or get into new markets. While AI may present extraordinary opportunities, risks abound.

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3 Count: Double Dribble

Plagiarism Today

Fourteen NBA teams sued for copyright infringement, Michael Jackson catalog sale to move ahead and researchers seek AI copyright exemption. The post 3 Count: Double Dribble appeared first on Plagiarism Today.

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European Commission Workshop on Competition in Generative AI: Highlights

JD Supra Law

On June 28, 2024, the European Commission (EC) held a workshop on competition in virtual worlds and generative artificial intelligence (AI). The event followed the EC’s January 2024 call for contributions on the level of competition within these two sectors.

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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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Fmovies ‘Sister’ Sites Shut Down, Redirect to Pirate Streaming Alternatives

TorrentFreak

Pirate sites tend to come and go but in recent months it’s been challenging to keep up with all the changes. Earlier this year, several popular pirate sites including Zorox, Upmovies, Animeflix, and Vegamovies lost their domains due to legal action. These sites relaunched under new domains, but more confusion lay ahead. In June, Fmovies switched to a new domain name , Fmovies24.to, after trading Fmovies.to for Fmoviesz.to a few months earlier.

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Olympics Advertising – Don’t be Ambushed by Rule 40

JD Supra Law

The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they are in compliance with advertising “dos and don’ts.” Both the International Olympic Committee (“IOC”) and the U.S. Olympic Committee (“USOC”) have their own guidelines.

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From Scarlett Johansson to Tupac: AI is Sparking a Performer Rights Revolution

JD Supra Law

With artificial intelligence (AI) taking the world by storm and generative AI making content creation easier than ever, legal problems regarding intellectual property and rights to publicity have inevitably started popping up, most notably in Hollywood regarding Scarlett Johansson and the late rapper Tupac Shakur.

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The Shift Towards Primary Examiners: Implications for Patent Prosecution

Patently-O

by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution strategies. Our data reveals a dramatic drop in the percentage of assistant examiners over the past decade. Prior to 2015, over 35% of patents were examined by assistant examiners.

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Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

JD Supra Law

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have held public hearings to address how, if at all, AI should be regulated and to what extent IP rights should inhere in AI-assisted inventions and creative works.

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New legislation in Japan reduces monopoly of dominant app stores

Olartemoure Blog

On Wednesday, June 12th 2024, Japan enacted groundbreaking legislation aimed at ensuring that tech giants like Google or Apple provide access to third-party smartphone apps and payment systems on their platforms. This law represents a significant move to bolster fair competition, enhance consumer choice, and reduce monopolistic practices by dominant digital platform operators.

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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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2024 Trade Secret Update: A Look at Recent Trade Secret Developments & Trends

JD Supra Law

On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for misappropriation a choice between commencing an action in federal or commencing it in state court, even in the absence of diversity jurisdiction.

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TTABlog Test: How Did These Three Section 2(d) Likelihood of Confusion Appeals Turn Out?

The TTABlog

So far this year, the rate of TTAB affirmance of Section 2(d) refusals is a stunning 94%. Here are three recent TTAB decisions in Section 2(d) appeals. How do you think they came out? [Answers in first comment.] In re Creative Systems and Design, LLC , Serial No. 97340379 (July 12, 2024) [not precedential] (Opinion by Judge Robert Lavache) [Section 2(d) refusal of the mark QUANTEX for "Hand tools, namely, ratchet wrenches, sockets, extensions, drive tools, socket sets, open end wrenches, combina

Designs 60
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This Summer in Artificial Intelligence: Newly Released USPTO Guidance and Exemplary Worldwide Inventorship Updates

JD Supra Law

The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of September 16, 2024. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Copyright Office Finalizes Group Registration Option for News Sites

IP Watchdog

The U.S. Copyright Office has implemented a rule that offers a new group registration option for frequently updated news websites. The option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.

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Rap Music and Cognac: The Federal Circuit Considers if the Mix is Strong Enough to Protect Cognac as a Geographic Indicator

JD Supra Law

In March 2019, Cologne & Cognac Entertainment of New Jersey filed a trademark application at the USPTO for recordings featuring music and artistic performances, music composition services, production of musical videos in the nature of live performances by musical artists, and providing related entertainment and information services, under the following mark.

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Are Patents to Blame for High Drug Prices? | IPWatchdog Unleashed

IP Watchdog

Pharmacy benefit managers, or simply PBMs, are often owned by either the pharmacies themselves or sometimes by insurers, which creates a lot of self-dealing to say the least. These PBMs are middlemen who receive 50% of the value of the drug, significantly raising drug prices. This has nothing to do with IP whatsoever.

IP 59
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Startup Legalities: Essential First Steps for Success

JD Supra Law

Did you know that according to The NY Times, about half of new businesses fail within the first five years? This reality underscores the critical importance of establishing a strong business plan and legal foundation from the outset. Without it, startups risk becoming just another statistic in the ever-growing pool of failed ventures. Starting a business is an exciting venture, but without a solid business plan and legal foundation, you’re exposed.

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The Law Bytes Podcast, Episode 210: Meredith Lilly on the Trade Risks Behind Canada’s Digital Services Tax and Mandated Streaming Payments

Michael Geist

The battle over a digital services tax has been the subject of Law Bytes podcast episodes for several years as the Canadian government signalled its intent to move ahead with one even as US officials warned of risks of trade retaliation if they did so outside of an international framework. With the DST now in effect, what does trade law have to say and how might the US respond?

Law 56
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Reissue and the Original Patent Doctrine

JD Supra Law

As mentioned in last month’s IP Practice Tips, reissue applications are subject to additional legal doctrines founded in requirements of 35 U.S.C. § 251. One doctrine that has been operative since the first reissue statute was introduced in 1832 is modernly known as the “original patent requirement” (OPR). As currently seen in 35 U.S.C. 251(a), the statute provides in pertinent part “…the Director shall … reissue the patent for the invention disclosed in the original patent, […].

Patent 66
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VidStream Can't Block X Features That Allegedly Infringe IP

IP Law 360

VidStream can't block X Corp. from deploying features that allegedly infringe its patent over a system for receiving and distributing user-generated video, a Texas federal judge said Monday, finding that VidStream is unable to show the alleged infringement can't be remedied through monetary damages and therefore fails to show it will be irreparably harmed.

IP 52
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Provisional Regulations on Combating Unfair Competition in the Online Sphere: A Step Toward a Healthier Digital Economy

JD Supra Law

In an effort to prevent and curb unfair competition in the online sphere, maintain fair market competition, encourage innovation, and protect the legitimate rights and interests of businesses and consumers, the State Administration for Market Regulation (SAMR) of China recently announced the “Provisional Regulations on Combating Unfair Competition in the Online Sphere” (hereinafter referred to as the “Regulations”), which will take effect on September 1, 2024.

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USPTO Wins Dismissal Of Danish Co.'s PTSD Drug Lawsuit

IP Law 360

A Virginia federal judge has ruled that the U.S. Patent and Trademark Office appropriately rejected drugmaker Lundbeck's request for three additional months of patent exclusivity for a PTSD drug, saying the agency could dock those days due to the impermissible gray shading of some text in the company's patent application.

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Suspension of Review for the Refusal Appeal of Trademark Application

JD Supra Law

In June 2023, the China National Intellectual Property Administration (CNIPA) released an article “Interpretation of the ‘Regulations on the Circumstances of Suspension of Review Cases’” (the “Interpretation”) on its official website. This article, in the form of an interpretation, disclosed to the public all contents that can be made public from the “Working System for the Examination and Review of Trademark Review Cases”, which serves as an internal working system of the CNIPA.

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Neo Wireless Deceived Patent Officials, Auto Giants Say

IP Law 360

Automakers accused of infringing Neo Wireless LLC's technology have urged a Michigan federal judge to keep alive their defense that Neo committed misconduct, arguing that the wireless company withheld information about a competitor's project that would have rendered the patents at issue obvious.

Patent 52
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What is a Streamlined Reexamination Request (SRR)?

JD Supra Law

One way that reexamination advantageously differs from other administrative post-grant review processes is the absence of word or page counts as a limiting factor in presenting the challenge, here substantial new questions of patentability (SNQs). In fact, reexamination filings often grow quite large— many have hundreds of pages, and a few even reach thousands of pages.

Patent 63
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Elon Musk's X Corp. Accused Of TM Infringement, Again

IP Law 360

Public relations firm Multiply on Monday accused Elon Musk's social media platform of ripping off its stylized "X" logo to create a substantially similar design, despite knowing Multiply already has a registered trademark, according to an infringement lawsuit in California federal court.

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USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence Inventions

JD Supra Law

On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence (AI). The guidance update is issued in accordance with Executive Order 14110 on the "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" issued on October 30, 2023.

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Jury Delivers $138M Verdict In Bitcoin Mining Consultant Suit

IP Law 360

A California federal jury unanimously found bitcoin mining firm Marathon Digital Holdings, Inc. liable for nearly $139 million in damages over allegedly breaching a consultant's contract when it cut him out of the deal he brought to the firm.

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USPTO Updates Eligibility Guidance on AI Inventions

JD Supra Law

On July 17, the USPTO published an update to the patent eligibility guidance and added three new examples to aid practitioners and examiners in determining whether a claimed invention is eligible subject matter under Section 101. The updated guidance addresses several points on how to assess the eligibility of AI and machine learning inventions specifically.

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LegalForce Says Legal Finance Group Is Infringing Its Logo

IP Law 360

LegalForce RAPC Worldwide PC has filed a federal trademark infringement suit against Law Finance Group Inc. in the San Francisco Bay Area, accusing it of violating the firm's "LF" trademark in providing legal services.

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CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in ZyXEL Communications Corp. v. UNM Rainforest Innovations affirming obviousness findings entered by the Patent Trial and Appeal Board (PTAB) over UNM Rainforest Innovations’ (UNMRI) arguments that ZyXEL’s expert witness misrepresented his contributions to an expert report relied upon by the Board.

Patent 52
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Midyear Report: Surveying Vast NCAA Litigation Landscape

IP Law 360

While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.

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Patent Poetry: Patent Office Updates Eligibility Guidance on AI Inventions

JD Supra Law

The US Patent and Trademark Office (USPTO) has updated its Subject Matter Eligibility Guidance to address artificial intelligence (AI) and other emerging technologies. This is in response to President Biden’s Executive Order 14110, from November, 2023, on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.

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Scanner Maker Tells 4th Circ. Contract Ends Honeywell Suit

IP Law 360

Laser technology company Opto Electronics urged the Fourth Circuit to overturn a jury finding that it was liable for ripping off Honeywell International over royalties for barcode scanners, arguing that a contract between the companies foreclosed the result as a matter of law.

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The thing speaks for itself

Likelihood of Confusion

Originally posted 2012-10-18 13:27:57. Republished by Blog Post PromoterBlawg Recenseo est procul Res Ipsa Blog! NB (ut opes notabilis “note well“): Nos should totus have habeo Latin nomen pro nostrum blogs. Ut would restituo veneratio quod integrity ut professio , quod enhance publicus contemplor nobis. Oops — forgot, you don’t speak Latin.