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In a decision that is unsurprising but important, the DC Circuit Court of Appeals affirmed that authors, as defined in U.S. Copyright Act, are human beings and not machines that can autonomously generate works. I say unsurprising because nothing in history or statute should have led the court to any other conclusion, and indeed the […] The post DC Circuit Affirms Human Authorship Required for Copyright appeared first on The Illusion of More.
Originally posted 2019-03-19 15:16:38. Republished by Blog Post PromoterVia the Diva of Design Law, Sarah Burstein: This is a good example of how trade dress provides broader protection than design patents. Looks like they didn’t even bother asserting their design patent here (though they’ve had no compunction about doing it elsewhere, see [link] [link] […] The post Why trade dress beats design patents appeared first on LIKELIHOOD OF CONFUSION.
The IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent UK Court of Appeal decision concerning patent amendments and the limits of post-grant claim scope adjustments. Heres what Adanna writes: The Court of Appeals decision in Ensygnia IP Ltd v Shell UK Oil Products Ltd & Ors [2024] EWCA Civ 1490 spelled bad news for Ensygnia, whose patent on QR code-based authentication and payment systems was ruled invalid on multiple grounds.
Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the Copyright Offices earlier registration decisions and guidance. The central question the Copyright Office poses regarding the protectability of AI outputs remains whether the AI tool was used merely as an assisting instrument or whether the traditional elements of authorship.
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?
INTRODUCTION OF THE DISPUTE The ongoing dispute between the Raanjhanaa Star, Dhanush, and ‘Lady Superstar’ Nayanthara started when Dhanush filed a ten-crore lawsuit against the actress, her husband, Vignesh Shivan, and their production company, “Rowdy Pictures Private Limited” accusing them of using unauthorized 3-second BTS footage from the 2015 film Naanum Rowdy Dhaan in Nayanthara’s Documentary, “Nayanthara: Beyond the Fairytale” which was released on
Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the author of the work. However, the D.C. Circuit refrained from saying more for now, leaving other questions about the use of AI when creating works for another day.
Last year, LaVar Charleston was named in two plagiarism stories. He's since been removed from his post, but not due to academic integrity. The post University of Wisconsin-Madison Removes LaVar Charleston from DEI Position appeared first on Plagiarism Today.
Last year, LaVar Charleston was named in two plagiarism stories. He's since been removed from his post, but not due to academic integrity. The post University of Wisconsin-Madison Removes LaVar Charleston from DEI Position appeared first on Plagiarism Today.
On March 10, 2025, a federal jury delivered a verdict in favor of Disney in a closely watched copyright infringement lawsuit. In Buck G. Woodall v. The Walt Disney Co., et al., screenwriter and animator Buck Woodall claimed that Disney's 2016 blockbuster animated film "Moana" infringed on his 2011 screenplay "Bucky the Wave Warrior" (Bucky). Woodall alleged that he invested over 15 years and $500,000 developing the project, which included unique illustrations and character developments, a full.
DC Circuit rules AI art doesn't qualify for copyright protection, News Corp sued by Brave Software and Soulja Boy case dismissed. The post 3 Count: Cowardly Lion appeared first on Plagiarism Today.
Honeywell filed a petition for inter partes review of 3G Licensings U.S. Patent No. 7,319,718, which claims a coding scheme for transmitting information in 3G mobile communication systems. The PTAB found none of the challenged claims unpatentable. Honeywell appealed. The Federal Circuit reversed, finding that the PTAB erred by (1) requiring identity between the motivations for the prior art and the 718 patent, (2) failing to support its findings with substantial evidence, (3) conflating.
Introduction: The Supreme Court recently upheld the Bombay High Court’s decision in the case of Principal Secretary, Government of Maharashtra and Anr. v. Kshipra Kamlesh Uke & Ors. , involving compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, (the Act) and its associated Rules of 1995 (the Rules).
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.
Zehra Jafri, One Sari, Three Different Ways to Drape It: Trademarks, Religion, Language, and Morality in Post-Colonial India, Pakistan, and Bangladesh , 40 UCLA Pacific Basin Law Journal 127 (2023) Abstract: Pakistan, India, and Bangladesh were all established on a sense of wanting to be a majority in a nation where they were once othered, be it by the British, Hindu majority, or Urdu-speaking majority.
With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. Many younger consumers actively seek out fake goods, viewing them as affordable alternatives while remaining unaware of the broader societal harms. This blog explores how brands, including Tommy Hilfiger , are adapting to Gen Zs online behaviors, educating them about the real-world consequences of counterfeiting, and evolving their strategies to stay re
The U.S. Court of Appeals for the Federal Circuits precedential decision in Kroy IP Holdings LLC v. Groupon Inc. (Kroy IP) has significant strategic implications for patent litigation and inter partes review (IPR) proceedings. The holding, facts, and procedural aspects of Kroy IP are well covered here. This article focuses on how the decision affects patent litigation and IPR strategies for both patent owners and IPR petitioners.
The Board affirmed this bifusal of the proposed mark WYSE LONDON for various clothing items, including "hats," and for retail store services [LONDON disclaimed], finding confusion likely with the registered mark WYSE (in slightly stylized form) (Supplemental Register] for clothing-related goods, including zippers, buckles, and "hat ornaments for hats," and further deeming the mark to be primarily merely a surname under Section 2(e)(4).
Guest post by Professors Jonathan S. Masur (Chicago Law) and Lisa Larrimore Ouellette (Stanford Law). This blog recently covered the Federal Circuits important decision in In re Entresto (Novartis Pharmaceuticals v. Torrent Pharma) , 125 F.4th 1090 (Fed. Cir. 2025), which upheld patent claims even though they covered after-arising technology that was not described or enabled in the specification.
The ITC instituted a Section 337 investigation in October 2020 against Realtek, TCL and other respondents over DivXs allegations certain video processing devices imported into the U.S. for sale infringed its patent claims. Prior to an evidentiary hearing in July 2021, DivX filed an unopposed motion to withdraw its Section 337 complaint as it pertained to Realtek, proceeding on its infringement theories in the evidentiary hearing against TCL instead.
On March 13, 2025, the Federal Circuit decided in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc. (No. 2023-2254) how patent term extensions (PTEs) apply to reissued patents under the Hatch-Waxman Act.
Three former managers of a Georgia-based payroll software company, along with their new employer, asked a federal judge Wednesday to dispatch with allegations that they engineered a "mass defection" of employees, with the former workers saying they haven't conducted enough business in the Peach State for its courts to touch them.
IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida - The district court erred in construing the term pull cord as a directly pulled cord that lacks a handle.
The third trial in a dispute over whether Samsung Electronics Co. breached a patent licensing agreement with chipmaker Netlist Inc. was reassigned to a new California federal judge Wednesday on its second day, after the long-running case's previous overseer recused due to concerns about his impartiality being questioned.
Lashify, Inc. v. International Trade Commission Before: Prost, Taranto, and Chen. Appeal from ITC Investigation. The Federal Circuit expands the economic prong of the domestic-industry analysis to include domestic spending on marketing, sales, distribution and quality control for products manufactured abroad.
A computer scientist's quest to register artwork made by his artificial intelligence system hit another roadblock this week when the D.C. Circuit concluded that only human authors qualify for copyright protection, but his case foreshadows complex questions that courts and perhaps Congress will have to grapple with as the technology evolves.
On March 5, 2025, the Federal Circuit affirmed the grant of a preliminary injunction against the launch of Celltrions proposed EYLEA (aflibercept) biosimilar CT-P42 in CAFC Case Nos. 24-2058 and 24-2147 (appealing from 1:23-cv-00089 (N.D.W. Va.) / MDL 1:24-md-03103 (N.D.W. Va.)).
The U.S. Patent and Trademark Office's acting director has told the Patent Trial and Appeal Board to reconsider part of a decision backing Tesla's challenge to a patent on artificial intelligence in self-driving vehicles, and sent two more unrelated cases for review by board officials.
In CQV Co. Ltd. v. Merck Patent GmbH, the Federal Circuit addressed (1) the interaction of indemnification agreements with Article III standing for appeals of post-grant review decisions of the Patent Trial and Appeal Board; and (2) whether all evidence must be addressed by the Board when qualifying prior art.
A California federal judge said part of a copyright lawsuit from the band Limp Bizkit that claims Universal Music's "royalty software" has shorted artists more than $200 million can go forward, but only after a major part of the case is first resolved in state court.
On January 29, the U.S. Copyright Office released Part 2 of its planned 3-part report on the legal and policy issues related to copyright and artificial intelligence (AI). Part 1 of the report, which was published in July 2024, addressed the topic of digital replicas. Part 2 now addresses issues related to the copyrightability of generative AI model outputs.
A former sound engineer for Eminem was charged Wednesday with criminal infringement of a copyright and interstate transportation of stolen goods for selling about two dozen unreleased songs created by the rapper that were then made public on the internet, according to a criminal complaint filed in Michigan federal court.
SIERRA WIRELESS, ULC V. SISVEL S.P.A. BeforeMoore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. The Board erred by finding method-claim steps connected by and to be conditional and by never explaining its reasoning for relying on the testimony of an expert who failed to meet the Boards definition of one of ordinary skill in the art.
A federal court signed off on settlements ending Revlon's trade secrets case against an upstart Italian beauty brand, and one of its former marketing executives, who were both accused of stealing trade secrets when luring Britney Spears' perfume line abroad.
Europol published its latest Serious and Organized Crime Threat Assessment ( SOCTA ) this week. The report provides a detailed overview of the threats posed by serious and organized crime in Europe, and includes a section dedicated to digital content piracy. Europol is no stranger to piracy and online copyright infringement. The EU agency has led and assisted in many enforcement efforts over the years and has been particularly active in dismantling criminal IPTV operations across several member
Legal tech company ROSS Intelligence Inc. has urged a Delaware federal court to let it seek the Third Circuit's opinion on two issues concerning the copyrightability of Thomson Reuters' Westlaw headnotes and fair use, saying the district court's recent about-face on the issues made it clear that legal guidance was needed.
Image created by AI The concept of lawfulness in relation to user status or user acts has been gradually established in EU digital copyright law as a condition for the enjoyment of certain copyright exceptions. However, the concept has proliferated inconsistently, lacking a clear normative content and shape. There is variant terminology: lawful acquirer of a computer program or a person having a right to use a computer program ( Directive 2009/24 ), lawful user of a database ( Directive 96/9 ),
The Federal Circuit has backed the Trademark Trial and Appeal Board's finding that two Dollar Financial Group trademark registrations for the phrase "Money Mart" can't be used for pawn brokerages and pawn shops.
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