JD Supra Law
NOVEMBER 22, 2023
In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI developer that used an artist’s works without authorization to train a machine learning model.
Erik K Pelton
NOVEMBER 22, 2023
Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast. The post Trademark Lessons from Taylor Swift The Eras Tour appeared first on Erik M Pelton & Associates, PLLC. Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast.
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TorrentFreak
NOVEMBER 22, 2023
When cassette recorders, VCRs and similar devices hit the mainstream, entertainment companies with business models reliant on customers buying copies faced uncertainty. The fear of consumer copies was encapsulated by the now-famous words of the MPAA’s Jack Valenti: “The VCR is to the American film producer, as the Boston Strangler is to the woman home alone,” Valenti said.
The IP Law Blog
NOVEMBER 22, 2023
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Read Eric’s article about this case here.
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?
TorrentFreak
NOVEMBER 22, 2023
Under U.S. copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” This legal requirement remained largely unenforced for nearly two decades but a series of copyright infringement liability lawsuits, including a billion-dollar damages award against Cox, have shaken up the industry. Music Companies Sue Optimum While Internet terminations are more common today, that hasn’t stopped the lawsuits.
Nelligan Law
NOVEMBER 22, 2023
Reading Time: 3 minutes Prepare for a journey through the sunlit streets of Almonte, where the allure of Hallmark Christmas movies intertwines with the legal tapestry of intellectual property. Amidst the summer glow and quaint townscapes, the convergence of reality and reel world poses an intriguing question: Can Hallmark claim ownership over a recipe that brings forth wintry magic, despite the fake snow and sunny filming days?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
NOVEMBER 22, 2023
As the UK Government grapples with how to address the new technological landscape of artificial intelligence, several Committee Inquiries are underway to consider if or how the Government should intervene, including the House of Lords Communications and Digital Committee on Large Language Modules, at which this Kat was invited to provide evidence. This report is provided by Aiswarya Deepa Padmakumar , Simon Parayemkuzhiyil Abraham , and Aashish Murali Krishnan who attended the session and are st
IP and Legal Filings
NOVEMBER 22, 2023
Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising. Comparative advertising is defined as a strategy where one product is being compared with its competitor in order to tell the masses that why the former is superior to
JD Supra Law
NOVEMBER 22, 2023
According to the relevant provisions of China’s Regulations on Customs Protection on Intellectual Property Rights, the IP right holder may request the customs to detain the suspected infringing goods. After the customs detains the suspected infringing goods, if the customs cannot determine whether the detained suspected infringing goods infringe the IP rights, the IP right holders can apply to the court for preservation; otherwise, the customs will release the detained suspected infringing.
IP Law 360
NOVEMBER 22, 2023
The California Institute of Technology has reached a settlement agreement with Apple and Broadcom, putting to rest a long-running, $1.1 billion patent dispute over data transmission systems that has dragged on since 2016, according to filings in Golden State federal court posted Wednesday.
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Copyright Lately
NOVEMBER 22, 2023
If you like your turkey with a side of copyright infringement, you’ve come to the right place. Ahh, Thanksgiving. There’s nothing quite like eating dinner at 4 p.m. and falling asleep on your brother’s couch by 4:30. But before you enter your tryptophan-induced coma, feast your eyes on Copyright Lately ‘s platter of 5 Thanksgiving-themed copyright cases, all stuffed with a generous helping of legal fowl play. 1.
JD Supra Law
NOVEMBER 22, 2023
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.
Cogency Global
NOVEMBER 22, 2023
What this is: Commercial real estate financing transactions, typically requiring the appointment of a process agent , are often governed by New York law for a reason. What this means: You should be careful when choosing the jurisdiction for governing law in real estate. We explain why.
JD Supra Law
NOVEMBER 22, 2023
As discussed in my previous article, recent guidance from the Copyright Office and subsequent judicial opinions supporting the Office’s position have made it clear that purely AI-generated works are not protectable by copyright. One of the primary principles underlying this view is the high value placed on human creativity.
Patently-O
NOVEMBER 22, 2023
by Dennis Crouch I have been thinking about the potential rise in the use of means-plus-function (MPF) claims as a reaction to indefiniteness cases such as Williamson v. Citrix as well as pressure from other doctrines, including enablement, written description, and eligibility. But, my preliminary data show that the foretold rise has not yet come. As the chart above illustrates, MPF claims continue their descent into obscurity, with no sign from the preliminary data of rising from the grave an
JD Supra Law
NOVEMBER 22, 2023
The US Federal Trade Commission (FTC) sent letters on November 7, 2023, accusing 10 companies of improperly listing drug delivery device patents in the US Food and Drug Administration (FDA) Orange Book, stating that the FTC has taken steps to “dispute” these listings.
IIPRD
NOVEMBER 22, 2023
Introduction What separates long-established print and electronic media from social media is that it comes along with a bunch of techniques for its usage. Out of the various components of social media, there are which are very different from rest, which are: Tools for distribution and wide circulation of subject matter throughout the globe; and tools for transmitting and swapping details.
JD Supra Law
NOVEMBER 22, 2023
When a product suspected of infringing a patent right is only displayed at an exhibition or on a website, and the patentee does not have evidence related to the production and sale of the product, should the patentee enforce his rights only against the relevant entity offering to sell? If the subject of the relevant display or publicity is not the entity producing or selling the product, can the tort liability of the relevant publicity act be retroactively extended to the manufacturer?
The TTABlog
NOVEMBER 22, 2023
The CAFC upheld the Board's dismissal [ TTABlogged here ] of Trek Bicycle's Section 2(d) opposition to registration of the mark RANGER TREK , in standard character and design form, for bags and clothing. The Board found confusion unlikely with the allegedly famous common law and registered mark TREK for bags and bicycling apparel. The appellate court determined that substantial evidence supported the Board's factual findings and the Board did not err in concluding that "the difference between th
JD Supra Law
NOVEMBER 22, 2023
Acuitas Therapeutics Inc. (“Acuitas”) filed a complaint on November 13 against CureVac in the U.S. District Court for the Eastern District of Virginia, alleging incorrect inventorship of four U.S. Patents related to COVID-19 mRNA-LNP vaccines and assigned to CureVac, namely U.S. Patent Nos. 11,241,493, 11,471,525, 11,576,966, and 11,596,686, (collectively, the “’493 Patent Family”).
WIPO Magazine
NOVEMBER 22, 2023
In May 2023, the U.S. Supreme Court handed down its decision on the Warhol case. The decision upheld the claim by the celebrity photographer, Lynn Goldsmith, that the Andy Warhol Foundation (AWF) had infringed her copyright in a photo of the late entertainer Prince, when, after Prince’s death in 2016, the Foundation licensed an illustration by Andy Warhol based on that photo, to Vanity Fair for a cover.
JD Supra Law
NOVEMBER 22, 2023
The Eastern District of Virginia recently dismissed a patent infringement claim, holding that the asserted claim directed to natural speech processing is patent ineligible under 35 U.S.C. § 101, because it fails the Alice framework. Under step one, the court found the claim is directed to an abstract idea, because it is “plainly result-oriented” and “directed to any arrangement of programs and processors.”.
IP Law 360
NOVEMBER 22, 2023
Patent licensing company Arigna has agreed to drop its patent suit in the Western District of Texas against Apple, almost a year and a half after the Irish business reached a settlement with Samsung in the same court.
JD Supra Law
NOVEMBER 22, 2023
Innovation from research & development (R&D) can be protected by intellectual property (IP) rights of various kinds, including patents, copyright and plant breeder’s rights. To encourage companies to invest locally in R&D that produces valuable innovations and economic growth, governments in jurisdictions around the world have implemented tax incentives, typically called a “patent box” or “IP box”, that tie a tax advantage to commercially relevant IP.
LexBlog IP
NOVEMBER 22, 2023
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Read Eric’s article about this case here.
JD Supra Law
NOVEMBER 22, 2023
Medtronic, Inc., et al. v. Teleflex Life Sciences Ltd., Nos. 2022-1721, -1722 (Fed. Cir. (PTAB) Nov. 16, 2023). Opinion by Lourie, joined by Prost and Chen. Medtronic filed two IPR petitions challenging certain claims in a patent owned by Teleflex. In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under pre-AIA § 102(e).
LexBlog IP
NOVEMBER 22, 2023
The Italian Privacy Authority announced today that it has launched an investigation to verify whether websites are adopting adequate security measures to prevent the massive collection of personal data for the purpose of training AI algorithms. Indeed, AI platforms collect huge amounts of data through so-called web-scraping, including the personal data of users of websites operated by both public and private entities.
JD Supra Law
NOVEMBER 22, 2023
In a non-precedential decision1 the Federal Circuit upheld the Trademark Trial and Appeal Board’s (“TTAB”) decision affirming that the mark “Everybody vs Racism” is not registrable as it fails to function as a trademark. As a threshold requirement of registrability, a mark must be able to “identify and distinguish” the goods and services of the applicant from others and “indicate the source” of those goods and services.
IP Law 360
NOVEMBER 22, 2023
Cincinnati-based law firm Keating Muething & Klekamp PLL has added six new associates to its roster across multiple practice groups, including a former Littler Mendelson PC lawyer, Fifth Third Bank's former counsel and a former managing editor of the Ohio State Law Journal.
JD Supra Law
NOVEMBER 22, 2023
On March 31, 2023, Zhuhai CosMX Battery Co., Ltd. (“Zhuhai”) filed a petition for inter partes review (“IPR”) of claims of U.S. Patent No. 11,329,352 (“the ’352 Patent”), assigned to Ningde Amperex Technology Ltd. (“Amperex”). The ’352 Patent relates to the structure of secondary batteries and is the subject of parallel litigation in the Eastern District of Texas involving the same parties.
IP Law 360
NOVEMBER 22, 2023
New Mountain Capital will purchase BMI in a deal that New Mountain said will allow it to bolster the music rights giant's long-term growth at a time when the music infrastructure supporting artists has failed to keep pace with rapid digitization.
JD Supra Law
NOVEMBER 22, 2023
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.
IP Watchdog
NOVEMBER 22, 2023
On November 20, the U.S. Supreme Court denied a petition for writ of certiorari filed in Tata Consultancy Services Ltd. v. Epic Systems Corp. The denial leaves in place an appellate court decision awarding $280 million for unjust enrichment and punitive damages in a trade secret misappropriation case where the plaintiff suffered no economic harm and the defendant gained no actual benefit from the misappropriated information.
LexBlog IP
NOVEMBER 22, 2023
Acuitas Therapeutics Inc. (“Acuitas”) filed a complaint on November 13 against CureVac in the U.S. District Court for the Eastern District of Virginia, alleging incorrect inventorship of four U.S. Patents related to COVID-19 mRNA-LNP vaccines and assigned to CureVac, namely U.S. Patent Nos. 11,241,493, 11,471,525, 11,576,966, and 11,596,686, (collectively, the “’493 Patent Family”).
IP Law 360
NOVEMBER 22, 2023
The Trademark Trial and Appeal Board concluded that Black Card LLC can register "Follow the Leader" for various credit card services, saying in a precedential decision that an examining attorney was wrong to deny registration because it's a common phrase.
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