Plagiarism Today
JULY 11, 2024
After nearly a decade, The Unofficial Apple Weblog has returned to life. However, its inglorious return is as an AI-generated zombie. The post The Rise of AI Zombie Blogs appeared first on Plagiarism Today.
IP Watchdog
JULY 11, 2024
U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5 months total pendency for trademarks. Vidal said in her blog post that “unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an ‘i
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Plagiarism Today
JULY 11, 2024
Nirvana Smiley Face lawsuit is settled, Nintendo targets more Switch emulators and influencer files unusual copyright lawsuit. The post 3 Count: Smiley Face Settlement appeared first on Plagiarism Today.
IP Watchdog
JULY 11, 2024
Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal world's understanding of an individual's right to publicity. Many states still do not formally recognize a right to publicity, while other states that do recognize such a right are not uniform.
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?
IP and Legal Filings
JULY 11, 2024
INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. The difference might be that these specific grounds for refusal may be different in each of the jurisdictions, however, there are some general refusals applied to both of them. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar tr
The Illusion of More
JULY 11, 2024
In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use. My view in that post was, and remains, that because the purpose of copyright law is to promote authorship, and authorship is human as a matter of doctrine, then a purpose which […] The post Music Making Gen AI: A Deeper Dive into Fair Use appeared first on The Illusion of More.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
JULY 11, 2024
INTRODUCTION The time it can take to register a trademark can therefore take longer depending on several factors such as the jurisdiction to which it was processed, the materials that have been included in the application as well as whether there are opposing voices or objections prevailing over the trademark. Depending on the complexity and the volume of work, it can take several months up to couple of years.
IP Law 360
JULY 11, 2024
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
TorrentFreak
JULY 11, 2024
During an Italian Senate Committee on the future of football this week, discussions inevitably turned to the thorny issue of IPTV piracy and the first clear signs that controlling it is beyond current capabilities. Given the rhetoric leading up to the launch of the Piracy Shield system, piracy in Italy should either be extinct or at the very least, gasping for air right now.
IP Law 360
JULY 11, 2024
Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.
Advertiser: IPO
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.
Cogency Global
JULY 11, 2024
In keeping with its tradition of updating its business entity laws annually, on May 30, 2024, Delaware Governor John Carney signed into law HB 339, HB 337, HB 336 and HB 338. These bills take effect on August 1, 2024, and amend Delaware’s Partnerships, LLC and Statutory Trust Acts, respectively. Below are the bills’ highligh ts. For highlights of the 2024 amendments to Delaware’s General Corporation Law, please see our upcoming companion article.
IP Law 360
JULY 11, 2024
The head of the U.S. Patent and Trademark Office has thrown out a Patent Trial and Appeal Board decision that issued a loss to an owner of a patent covering a portable backup charger, sending the case back to the board.
TorrentFreak
JULY 11, 2024
The Internet is littered with shady IPTV services that offer a lot, for very little money. These deals often seem too good to be true and in most cases they are; at least for those who prefer to stay on the right side of the law. Anti-piracy groups around the world are actively trying to shut down these illicit operations. In Europe, Dutch anti-piracy group BREIN is at the forefront of the battle.
JD Supra Law
JULY 11, 2024
With the emergence of generative artificial intelligence (AI) platforms such as ChatGPT and Google Gemini, the widespread use of copyrighted works to train the software systems behind these programs is raising pressing legal questions about the permissible use of copyrightable works. Recently, there has been a spree of licensing deals between businesses that develop generative AI systems and those that own the content necessary to train those systems.
Kluwer Copyright Blog
JULY 11, 2024
Image by Engin Akyurt from Pixabay The discussion on creators’ remuneration is gaining momentum. The main reason: the growing popularity of generative AI and its potential to substitute human creative labour. With the current income streams in danger, new ways of remunerating creators are put forward. The most intuitive proposition is that for providers of generative AI, big tech, to remunerate creators whose works are used to train algorithms.
JD Supra Law
JULY 11, 2024
Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation strategies are crucial for defending against infringement claims and minimizing disruption to ongoing innovation.
The TTABlog
JULY 11, 2024
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the involved marks and the goods/services. Here are three recent TTAB decisions in Section 2(d) appeals. How do you think they came out? [Answers in first comment.] In re SERO Innovation, LLC , Serial No. 97436057 and 97570427 (July 9, 2024) [not precedential] (Opinion by Judge Christen M.
JD Supra Law
JULY 11, 2024
The music industry has fired its opening salvo in what could be a landmark battle over artificial intelligence and copyright. Major labels Capitol Records and Sony Music Entertainment launched copyright infringement lawsuits against generative AI music companies Udio and Suno, accusing them of "willful copyright infringement on an almost unimaginable scale.".
IP Law 360
JULY 11, 2024
The U.S. Patent and Trademark Office on Thursday said it has been able to cut down lags in reviewing patent and trademark applications through increased hiring, better pay for patent examiners and improving technology.
JD Supra Law
JULY 11, 2024
Am 4. Juli 2024 verabschiedete der Bundestag das Gesetz zur Stärkung des Justizstandortes Deutschland. Es führt Commercial Courts und Englisch als Gerichtssprache in der Zivilgerichtsbarkeit ein, um die Attraktivität Deutschlands für internationale Wirtschaftsstreitigkeiten zu erhöhen. Das Gesetz reagiert auf die begrenzten Verfahrensmöglichkeiten der deutschen Gerichtsbarkeit bei großen Wirtschaftsstreitigkeiten und die Abwanderung solcher Fälle ins Ausland oder in die Schiedsgerichtsbarkeit.
IP Law 360
JULY 11, 2024
The U.S. Senate on Thursday passed a bill that would pump the brakes on the ability of pharmaceutical companies to steer patients away from generic versions of a drug, a measure that lawmakers said would lower drug costs.
JD Supra Law
JULY 11, 2024
In an appeal from the ITC, the Federal Circuit recently held that by presenting cumulative financial data across different products that practice various combinations of patents, appellant provided insufficient evidence for a court to evaluate domestic industry for any individual patent. And as a result, the court affirmed the ITC’s determination that the appellant failed to satisfy its burden to establish a domestic industry for any of its asserted patents.
IP Law 360
JULY 11, 2024
A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.
JD Supra Law
JULY 11, 2024
The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it declined to dismiss Plaintiffs’ claims for breach of contract of open source license violations by Defendants. However, the Court also dismissed Plaintiffs’ request for of unjust enrichment and punitive damages.
Patently-O
JULY 11, 2024
by Dennis Crouch The Supreme Court has requested a response to a pending petition for certiorari in United Therapeutics Corp. v. Liquidia Technologies, Inc., indicating that at least one justice sees potential merit in the case. The petition challenges the Federal Circuit’s application of the statutory limits on the Patent Trial and Appeal Board’s (PTAB) authority in inter partes review (IPR) proceedings.
JD Supra Law
JULY 11, 2024
When the Federal Circuit resurrected Amarin’s “skinny label” infringement claims against Hikma last month, it offered some important lessons for drug developers. The precedential decision helps clarify the kinds of promotional statements by a follow-on manufacturer that can be used to sufficiently plead induced infringement. Going against the recommendation of the magistrate judge, the Delaware District Court summarily dismissed Amarin’s claims that Hikma’s skinny-label icosapent ethyl product.
Managing IP
JULY 11, 2024
In-house counsel believe Chinese domestic firms are becoming as sophisticated as international firms, but they may not shift their portfolios just yet
JD Supra Law
JULY 11, 2024
A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia, LLC (“La Potencia”) and YC52, LLC (“YC52”) (collectively, “Plaintiffs”)—won game one of the series and obtained a preliminary injunction barring rival bat manufacturer, David Chandler, and related companies in the distribution chain (collectively, “Defendants”), from.
IP Law 360
JULY 11, 2024
A federal jury in Virginia has found that claims in an inventor's patent on elevated stairs are invalid, in a win for Mission Integrated Technologies.
JD Supra Law
JULY 11, 2024
Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. Here, the Intellectual Property Litigation Group offers some of its own reactions to this decision's implications for patent law.
IP Law 360
JULY 11, 2024
Twentieth Century Fox Film Corp. slapped a Philadelphia special event company with a federal lawsuit Thursday claiming infringement of intellectual property rights it holds in "The Simpsons" animated series and movie, saying JMC Pop Ups is creating unauthorized replicas of Moe's Tavern from the popular show.
JD Supra Law
JULY 11, 2024
On May 6th, 2024, the PTAB declined Ubiquiti Inc.’s (“Petitioner’s”) request to institute inter partes review. Ubiquiti Inc. v. XR Communications LLC D/B/A Vivato Tech., IPR2024-00148, Paper 12 (May 6, 2024). The PTAB simultaneously denied Petitioner’s Motion for Leave to File Motion to Reopen inter partes review, Petitioner’s Motion to Waive the Time Limit for Filing a Motion for Joinder, and Petitioner’s Motion for Joinder.
IP Law 360
JULY 11, 2024
VLSI Technology is urging the Federal Circuit to revive the patent it used to win a $1.5 billion infringement verdict against Intel, saying the Patent Trial and Appeal Board's invalidation was tainted by mishandled sanctions proceedings.
Intepat
JULY 11, 2024
Introduction The issue came to light when one of the founders of a company named Dorje Teas put up a post on LinkedIn claiming that they have been served a copyright infringement notice by Shark Tank India for the unauthorized use of clips of their pitch on the show to advertise on Youtube and Meta ads. He had also added that, apart from them, many other companies, as many as 18, that had made their pitch on the show were also tracked down for the same purposes.
IP Law 360
JULY 11, 2024
A bipartisan group of U.S. senators introduced legislation dubbed the COPIED Act on Thursday to fight the growth of AI-generated "deepfakes," proposing a framework that would give journalists and artists control over their work via a watermarking process and allow them to sue those who use their work without permission.
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