Mon.Feb 10, 2025

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3 Count: Inpainting Copyright

Plagiarism Today

AI company registers AI-generated work, Sweden launches piracy inquiry and law students win settlement from Warner Bros. Discovery. The post 3 Count: Inpainting Copyright appeared first on Plagiarism Today.

Copyright 194
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Sounds original!

Likelihood of Confusion

Originally posted 2010-09-29 14:04:09. Republished by Blog Post PromoterFrom Dennis Crouch: Carl Oppedahl lost his case to register themark patents.com. However, that setbackdid not dissuade him from continuing to push against trademark law limitations. Recently, the USPTO issued a trademark registration certificate for his sensory mark. The markconsists of asixteen-second musical introduction that Oppedahl uses […] The post Sounds original!

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Copyright Claims Board Rules in Favor of Defaulting Party

Plagiarism Today

The CCB has handed down another default judgment. However, this one was in favor of the default party. It came down to a simple issue. The post Copyright Claims Board Rules in Favor of Defaulting Party appeared first on Plagiarism Today.

Copyright 165
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Million-Dollar Mysteries: Recent Complex Patent Cases Lost to Rule 36

Patently-O

by Dennis Crouch In a recent batch of Rule 36 summary affirmances, the Federal Circuit disposed of several complex patent cases without written opinions. This continues to raise serious questions in my mind about the court’s ongoing reliance on this practice. While some judges defend Rule 36 affirmances as appropriate for easy to see “losers,” an examination of these recent cases reveals sophisticated legal issues involving millions of dollars in dispute.

Patent 52
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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 Facts About Judicial Blocking of Foreign Piracy Sites

Copyright Alliance

Large-scale piracy operations that dwell in foreign markets beyond the reach of US law are a persistent and growing problem. For instance, the US Chamber Global Innovation Policy Center found […] The post The Facts About Judicial Blocking of Foreign Piracy Sites appeared first on Copyright Alliance.

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'Noxious' Anti-Qualcomm Media Blitz Won't Be Blocked

IP Law 360

A Florida federal judge said Friday he won't tell a company that used to make automated video cameras to stop its Glenn Beck-aided media blitz connecting its patent campaign against Qualcomm Inc. to conspiracy theories involving former President Barack Obama, "regardless of how noxious it may be.

Patent 66

More Trending

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Congress Must Consider Accurate Data About Patent Thickets

IP Law 360

If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

Patent 59
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Court Decision: Worldwide Rights Lost When a Songwriter Terminates Under US Copyright Law

JD Supra Law

In its ruling in the case Cyril E. Vetter, Et Al. v. Robert Resnik, No. 23-1369-SDD-EWD (M.D. La. Jan. 29, 2025), the US District Court for the Middle District of Louisiana ruled that the US songwriter-plaintiff Vetter recaptured worldwide rights not just US rights by exercising his termination rights under Section 304 of the Copyright Act of 1976 (US Copyright Law).

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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

IP Law 360

Though fictional movies and television shows portraying lawyers are fun to watch, Hollywoods inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

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Federal Circuit Review | January 2025

JD Supra Law

In Honeywell International Inc. v. 3G Licensing, S.A., Appeal No. 23-1354, the Federal Circuit held that under the obviousness standard of 35 U.S.C. 103, the motivation to modify prior art does not need to be the same as the patentees motivation.

Art 62
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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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Fed. Circ. Preserves Corning's Win In Gene Therapy Fight

IP Law 360

The Federal Circuit decided Monday to turn down an appeal from a Minnesota-based gene therapy developer that says it was wrongly denied a jury trial in its failed case seeking to add its name to patents issued to Corning Inc.

Patent 52
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The Reverse Doctrine of Equivalents is Alive, but Not Well

JD Supra Law

In its recent decision in Steuben Foods, Inc. v. Shibuya Hoppmann Corp., 2023-1790 (Fed. Cir., 2025), the Federal Circuit, while not directly addressing whether the reverse doctrine of equivalence (RDOE) is a valid defense to infringement, strongly suggests that would-be infringers should not rely on RDOE as a defense to patent infringement.

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Colo. Judge Baffled By Party's Anonymity In Oil Secrets Suit

IP Law 360

A Colorado state judge puzzled over how to handle the fact that a key third party in a trade secrets case brought by Anschutz Exploration Corp. has insisted on not revealing their identity to the court, telling the parties at a hearing Monday she wouldn't close a trial just to get around the "very strange" situation.

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US Copyright Office Publishes Second Part of Report on AI Copyrightability — AI: The Washington Report

JD Supra Law

The United States Copyright Office issued the second part of its Report on Copyright and Artificial Intelligence (Report), which focuses on the question of how AI affects copyrightability. This segment of the Report reaffirms the offices view that copyrightability requires human authorship, which must include sufficient human input and creativity. It also concludes that AI copyrightability issues can be resolved under existing law.

Reporting 108
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Judge Refuses To Certify '70s Rockers' Royalty Class Action

IP Law 360

A Tennessee federal judge on Monday denied class certification in a breach of contract lawsuit by two members of the 1970s pop-rock band Orleans, John Hall and Lance Hoppen, who accused Warner Music Group Corp. and subsidiary Elektra Entertainment of underpaying foreign digital streaming royalties.

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Feds Seize Pirate Sports Streaming Domains in ‘Super Bowl Crackdown’

TorrentFreak

Last night, well over hundred million people tuned in to the Super Bowl, which is traditionally the most watched television broadcast in the United States. In addition to the impressive number of legal views, some prefer to watch the game through unauthorized live streams, which presents a major problem for rightsholders. This type of piracy isn’t a new concern.

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Models Say Atlanta Bar Ripped Off Images For Promo Nights

IP Law 360

An Atlanta bar was accused Monday of ripping off the likenesses in its ads of five Los Angeles-based models who are represented by a firm that has taken establishments around the country to court on similar Lanham Act claims.

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2024 M&A Annual Review

JD Supra Law

Our M&A team is honored to have represented clients in some of the most compelling transactions in 2024, from advising the iconic rock band KISS and its co-founders Gene Simmons and Paul Stanley in the sale of all assets comprising KISS, to representing Rivian Automotive on the formation of an equally controlled and owned joint venture with Volkswagen Group, to advising Visa in connection with the acquisition of Featurespace.

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What Judges Want You To Know: You Can't Fool The Court

IP Law 360

Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuablepieces of advicewith patent lawyers and others in the room.In the first installment of a two-part series,Law360has pulled together advice over the last few years that remains as relevantas ever.

Patent 52
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USPTO After Final Practice: More Rejections, Fewer Appeals, and the Future of RCEs

Patently-O

by Dennis Crouch Over the past decade, the rate at which applicants file a Notice of Appeal (NOA) following a Final Office Action has steadily declined. This chart presents a quarterly snapshot of appeal activity by dividing the count of NOAs filed by the number of final rejections issued in that same period. Unlike a cohort analysis that tracks the fate of individual applications, this approach provides a broad view of how frequently applicants are choosing to challenge examiners' decisions via

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AI Copyright Plaintiffs Say Google Is Raising 'Marginal issues'

IP Law 360

Artists and authors suing over how Google trains its artificial intelligence software say that the tech giant is disputing "marginal issues" that other tech giants facing similar copyright lawsuits over similar technology haven't brought up.

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“Three-peat” Use Agreement in Place if Chiefs Win Super Bowl

JD Supra Law

The Kansas City Chiefs and the Philadelphia Eagles are playing in Super Bowl LIX this Sunday, February 9. If the Chiefs win, this will be their third consecutive Super Bowl win, and, according to the Kansas City Star via reporter Blair Kerkhoff, the team can purportedly use Miami Heat team president and legendary NBA coach Pat Rileys trademarked phrase three-peat.

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Judge Newman Tells DC Circ. Her Suspension Flouts The Law

IP Law 360

Federal Circuit Judge Pauline Newman again urged the D.C. Circuit on Monday to end the suspension her colleagues imposed on her amid a probe of her fitness to serve as a judge, arguing that her suspension is effectively indefinite and violates the U.S. Constitution.

Law 52
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ANI vs OpenAI: India’s copyright act is outdated. Can it deal with new legal conundrums?

SpicyIP

Last month, a group of digital news publishers in India sought to join a case filed by news agency ANI in the Delhi High Court accusing the US firm OpenAI of misusing material to which they own the copyright. However, in India, OpenAI faces a major hurdle. Indias Copyright Act of 1957 and related jurisprudence favours the rights of authors and creators and was not designed to deal with the challenges posed by this emerging technology.

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Aerospace Co. Seeks To Toss Ex-Exec's Amended Claims

IP Law 360

A Garden State-based aerospace company is asking a federal judge to dismiss with prejudice the second amended counterclaims by its ex-president and his new business in a trade secrets case, according to court filings.

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[Guest post] Retromark Volume XV: the last six months in trade marks

The IPKat

Darren Meale of Simmons & Simmons presents the fifteenth volume in his rundown of notable trade mark cases over the past six months. Here's what he writes: Retromark Volume XV: the last six months in trade marks by Darren Meale Here we go again! This volume picks up where the last one left off in July 2024, but also includes a slightly older case that was not on my radar last time around. 1.

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Jazz Pharma Drops Last Defendant From Epidiolex Patent Suit

IP Law 360

Jazz Pharmaceuticals Inc. has reached an agreement to dismiss all claims and counterclaims with the last remaining defendant in its consolidated lawsuits over patents covering its epilepsy treatment Epidiolex, according to a filing from the company in New Jersey federal court.

Patent 52
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Church Founder’s Works Not “Works for Hire” Even Though Founder Was Employee

JD Supra Law

Keith Rhinehart started the Aquarian Foundation church in 1955, with a mission to study Modern Spiritualism, Christianity, Eastern and Metaphysical Thought. Bruce Lowndes joined the church in the 1970s and grew close with Rhinehart, who stayed in Lowndess home for a time. While staying with Lowndes, Rhinehart signed a license agreement on June 9, 1985, that allowed Lowndes unrestricted Permission to use any Materials I have Copyrighted.

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A Look At Drug Price Negotiation Program's Ongoing Impact

IP Law 360

More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.

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Piracy Device Still Sold By Company that Didn’t Pay $101m Judgment & Can’t Be Sued

TorrentFreak

Filed in the Southern District of Texas, Nagravision’s complaint alleged that Gotech International Technology Limited and Zhuhai Gotech Intelligent Technology Company Limited, were the operators of an illegal online network that facilitated TV piracy online. Nagravision alleged that the network captured and then rebroadcast decryption keys, allowing users to circumvent the company’s anti-piracy technology and watch its clients’ TV shows, without paying them a penny.

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Goldstein Rearrested After Feds Say He Hid Millions In Crypto

IP Law 360

U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein was arrested again Monday following his earlier release on criminal tax evasion charges, after prosecutors alleged that he secretly made millions of dollars worth of cryptocurrency transactions in recent days.

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SpicyIP Weekly Review (February 3 – February 9)

SpicyIP

Here is our recap of last weeks top IP developments including summary of the posts on the Lodha trademark dispute, the scrapping of the UGC-Care list, and the escalation of the Nayanthara-Dhanush copyright battle. This and a lot more in this weeks SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Of house marks and family disputes: Taking a look at the Lodha v.

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DC Judge Won't Stop Shein's Copyright Takedowns On Temu

IP Law 360

A D.C. federal judge declined to block fast fashion giant Shein from inundating rival online retailer Temu with copyright takedown requests, finding Temu's claimed injury was economic and thus not irreparable.

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Urban places as a stage and the CGI and VFX trend: Using buildings in videos to make the ordinary extraordinary

The IPKat

For the IPKat, all the world is a stage (and full of IP) Last week, Italy celebrated the one year until the start of the Winter 2026 Olympics in Cortina. As with any Olympics, questions of IP abound. This past Summer's Olympics in Paris triggered such an analysis from Kat Friend, Vanessa van Coppenhagen ( Spoor & Fisher ) as the Opening Ceremonies used famous Parisian landmarks as it's celebratory canvas.

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Morgan Lewis Adds 5 Knobbe Martens IP Attys On West Coast

IP Law 360

Morgan Lewis & Bockius LLP continues expanding its intellectual property team, announcing Monday it is bringing in a team of five Knobbe Martens IP litigators as partners in its West Coast offices.

IP 52