Tue.Oct 22, 2024

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Copyright Claims Board Releases Key Statistics

Plagiarism Today

The Copyright Claims Board has released statistics about its first 1,000 cases. Here's what the numbers say. The post Copyright Claims Board Releases Key Statistics appeared first on Plagiarism Today.

Copyright 253
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How to enforce trademark rights

Erik K Pelton

The following is an edited transcript of Chapter 17 of my book video Building a Bold Brand: Enforcement vs. Others An important tool to keep a brand strong and legally protected is to deal with infringement situations when they arise, whether you are the accuser or the alleged infringer. The great majority of infringement matters are resolved without litigation, and the great majority of trademark litigation cases that are filed are resolved without a verdict from a court.

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3 Count: Blade Runner 2024

Plagiarism Today

Film company sues Tesla over Blade Runner clips, NBA teams deny social media infringement, and News Corp sues Perplexity The post 3 Count: Blade Runner 2024 appeared first on Plagiarism Today.

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Bring Back Patent Models To Shut Down The Patent Trolls

IP Law 360

By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

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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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Cox Tells SCOTUS to Deny Sony’s Petition or Make a Bad Situation Worse

IP Watchdog

Cox Communications is the latest to file a brief in the battle between it and Sony Music Entertainment over whether an internet service provider (ISP) should be liable for infringement by its subscribers. According to Cox’s brief in opposition to Sony’s petition for certiorari, “[p]etitioners want to make a terrible situation even worse.” Music publishers including Sony, Arista Records, Warner Music and Universal Music Group filed copyright claims against Cox in July 2018, alleging that Cox was

Music 103
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The 2024 Prestige Leaders

IP Law 360

Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

Law 98

More Trending

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Anthropic Says Fair Use Bars Authors' Copyright Class Action

IP Law 360

Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Volume IX, Issue I [Submit by January 10, 2025]

SpicyIP

We’re pleased to announce that National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume IX, Issue I). The last date for submissions is January 10, 2025. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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Google Victim Blamed For Piracy Shield Blunder, Warning Over Infiltration Risk

TorrentFreak

After blocking Cloudflare in February, the reputation of Italy’s Piracy Shield IPTV blocking system found itself on life support; it wasn’t actually dead, though, at least not yet. Acceptance by those responsible that things needed to improve, with an olive branch extended to the experts previously ignored, would’ve been viewed as a positive step.

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The VPPA May Be a Dinosaur Statute, But It’s Very Much Alive in the Second Circuit–Salazar v. NBA

Technology & Marketing Law Blog

NBA.com passed along video viewing information to Facebook using the Facebook Pixel, including “(1) the title of the NBA.com video a user watched, (2) that video’s URL, and (3) the user’s “Facebook ID” (FID)—a number unique to each individual Facebook account.” The plaintiffs sued for VPPA violations. The court says the plaintiff had standing: “Salazar’s alleged injury stems from the unauthorized disclosure of his personal viewing information, which is closely related to at lea

Privacy 75
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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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Navigating Facilities Management Outsourcing in a Post-COVID World

JD Supra Law

The COVID-19 pandemic has significantly reshaped the facilities management (FM) outsourcing landscape. Companies have transitioned from fully office-based work to home-based work, and now to hybrid models, prompting a reevaluation of space utilization. In this episode partner Rohith George, along with host Julian Dibbell, explore how FM providers are adapting to these changes, leveraging technology and data, and addressing sustainability and data security challenges.

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Event reminder (1 week to go!) - IPKat webinar "Image rights in the age of AI: Less is more or more is better?"

The IPKat

As The IPKat announced earlier this month, on Wednesday, 30 October , we will be running a webinar - kindly hosted by international law firm Bird & Bird LLP on StreamYard - to discuss the present and future of image/publicity rights, also in light of the challenges that AI and deepfakes have been presenting. Indeed, the key question that we would like to tackle and possibly answer is the following: In an age, that of AI, in which the creation and circulation of digital replicas and deepfakes

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Data scraping for AI development – still no progress in the TDM debate

JD Supra Law

Image Alex Shandro It appears that the debate surrounding the UK’s Text and Data Mining (TDM) exception is about to reignite. TDM exceptions are key to assessing the legality of training generative AI models, and to resolving the ongoing tension between AI developers’ access to training data and the protection of creative content. In general, these exceptions allow the reproduction of copyrighted content for the purposes of computational analysis and the Hamburg court has recently held that.

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Combination of common architectural elements does not make orangery original

The IPKat

It is always interesting to analyse how national courts apply the concept of originality depending on the nature of the work for which copyright protection is claimed. A recent decision issued by the Paris Court of Appeal concerning the alleged infringement of an ephemeral orangery is worthy of note. A Kat sitting in an orangery Facts The facts of the case are relatively straightforward.

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Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program

JD Supra Law

Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts and the multiple government incentives supporting the transition to greener technologies.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Here is a weekly catch-up of what you might have missed! Copyright Katfriend Lucius Klobučník (Aston University) reported on the decision of the Spanish Competition Authority of June 2024. CMO SGAE arranged their licensing fees according to the “flat rates” instead of “effective use rates.” This charge was considered unfair due to the dominant position of SGAE in the market.

IP 64
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Effect of Patent Term Extensions on Obviousness-type Double Patenting

JD Supra Law

The US Court of Appeals for the Federal Circuit issued its opinion in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024), holding that “a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.” The decision, issued on August 13, 2024, clarifies the scope and applicability of Federal Circuit’s previous decision in In re Cellect, LLC, 81 F.4th 1216 (Fed.

Patent 66
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Creator Spotlight with Nature Photographer Jackie Schletter

Copyright Alliance

This week, we’d like to introduce you to nature photographer Jackie Schletter. Jackie is an award-winning photographer who has achieved numerous accolades over the years, including placing first in Soba’s 30th Annual Judged Show […] The post Creator Spotlight with Nature Photographer Jackie Schletter appeared first on Copyright Alliance.

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District Court Denies Regeneron’s Motion For Preliminary Injunction To Block Amgen’s Eylea Biosimilar

JD Supra Law

On September 23, 2024, Judge Kleeh of the Northern District of West Virginia denied Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) motion for a preliminary injunction against Amgen Inc. (“Amgen”) related to Amgen’s filing of an abbreviated Biologics License Application (“BLA”) seeking authorization to commercialize “ABP 938,” a biosimilar version of Regeneron’s Eylea.

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Revisiting Ty v. GMA

43(B)log

Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167 (7th Cir. 1997), features dueling bean bag animals. I've never been convinced the two pigs at issue were substantially similar, even in staged pictures, but Harvard's amazing librarians finally dug up a color picture of the two cows at issue, and they're a lot more similar. which plausibly influenced the court's reasoning on the pigs.

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Trial Court Determination That A Complaint Allegation Is Conclusory Is Subject To De Novo Review

JD Supra Law

On October 8, 2024, the U.S. Court of Appeals for the Federal Circuit vacated a decision by the District of Connecticut that had dismissed AlexSam, Inc.’s patent infringement claims against Aetna, Inc. AlexSam had alleged that Aetna’s Mastercard-branded and VISA-branded products infringed claims of AlexSam’s U.S. Patent No. 6,000,608 (“’608 patent”).

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Will Gen A.I. Pay-Off for Owners? A $low Start Seeds Skepticism and Small Model Competition

IP Close Up

After closing its latest round of funding on October 2nd, OpenAI, the company behind ChatGPT, is now valued at an incredible $157 billion.

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Latest Federal Court Cases - October 2024 #3

JD Supra Law

UTTO Inc. v. Metrotech Corp., Appeal No. 23-1435 (Fed. Cir. Oct. 18, 2024) In its only precedential patent decision this week, the Court analyzed the extent to which claim construction is appropriate on a motion to dismiss a complaint. In the end, the Court concluded it is appropriate for a district court to engage in claim construction while assessing a motion to dismiss, but that, in this case, more was needed.

Patent 61
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The Role of Scientific Literature Management Solutions in AI-Driven Research

Velocity of Content

AI-driven research often relies on vast amounts of information, much of which may be sourced from published literature. This content is vital for training AI models and driving innovation. However, the use of copyrighted material brings forth a complex set of legal and ethical considerations. This is where a literature management solution that integrates rights verification for AI uses becomes indispensable.

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The Utah “Hockey Club” – How The New Utah NHL Team Is Protecting Its Brand Flexibility With Intent-To-Use Trademark Applications

JD Supra Law

“Let’s Go Hockey Club!” does not evoke the same level of inspiration as “Let’s Go Hawks!” What’s Happening with the New Utah NHL Team? Utah will be the first team in the National Hockey League (“NHL”) not to have a mascot. The team, formerly the Arizona Coyotes, will be generically rebranded as the “Utah Hockey Club” for at least the upcoming 2025-26 season.

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'Dewberry' Ruling Doesn't Threaten Corporate Veil, Justices Told

IP Law 360

An engineering company that won millions of dollars in a trademark case against a real estate developer that tried to use the "Dewberry" name for a hotel told the U.S. Supreme Court Tuesday to let that ruling stand, arguing that the Fourth Circuit ruling in its favor doesn't undermine the corporate veil.

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Debit card patent suit revived by Federal Circuit

JD Supra Law

Recently, the U.S. Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court’s dismissal of a patent suit against a healthcare company. The plaintiff alleged that the healthcare company marketed name-brand payment products that infringed on the plaintiff’s patent, a multifunction card system, which allows for specialized card functions through an existing banking network.

Patent 61
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Pot Co. Says Rolling Paper Co. Has Limited 'Juicy' Mark Rights

IP Law 360

The maker of Raw rolling papers may have a trademark on "Juicy" when it comes to tobacco goods but that doesn't extend to marijuana products, a Colorado cannabis company has told a federal court, urging that an infringement suit against it be tossed.

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‘A Second Bite at the Apple’: Copyright Case Highlights Section 203 Recapture Rights

JD Supra Law

A recent decision that will allow rap group 2 Live Crew to terminate a prior transfer of its copyrighted songs to a record label is a reminder that, due to a unique provision of the Copyright Act of 1976, every company that owns copyrights through assignment is sitting on a potential timebomb with a 35-year-long fuse.

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10th Circ. Affirms Energera Broke Deal By Filing Patent Suits

IP Law 360

The Tenth Circuit has ruled that both basic logic and "ordinary grammar" support the finding that a covenant not to file any further patent infringement lawsuits was broken by Colorado oil field equipment supplier Energera when it continued to sue Fuel Automation's future customers over "related" patents.

Patent 52
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Helping Small Business with Innovation and IP | IPWatchdog Unleashed

IP Watchdog

This week we explore small and medium sized enterprises, often referred to simply as SMEs. And in particular, we take a look at how two different countries are working with their own small businesses to assist them with respect to innovation and intellectual property. To accomplish this, I turned to two friends – Mike McLean and Joe Doyle, who work to assist SMEs in Canada and Ireland respectively.

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IQVIA, Veeva Blast Summary Judgment Bids In Secrets Suit

IP Law 360

Life sciences data giant IQVIA Inc. and competitor Veeva Systems Inc. slammed each other's summary judgment bids made public Tuesday in a trade secrets lawsuit in New Jersey federal court, with Veeva arguing that IQVIA's purported trade secrets are hardly confidential and IQVIA saying Veeva's assertions are "a last-ditch effort to avoid liability.

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On the Quality of KPIs

Christopher Roser

In this second post on KPIs, I will look at the quality of key performance indicators (KPIs). These are essential tools for measuring an organization’s progress toward its strategic goals. The quality of these indicators is critical as it impacts management’s decision-making and subsequent actions. Let’s have a look! Quality of the KPI Another important.

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PTAB Axes Some Provisur Food Slicer Patent Claims

IP Law 360

The Patent Trial and Appeal Board has found Weber Inc. was able to show most of the claims in a pair of food slicer patents owned by rival Provisur Technologies were invalid as obvious, the latest in a fight that made its way to both the Federal Circuit and the U.S. Supreme Court.

Patent 52
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Loot Boxes And Online Gaming: The Need For Regulation In India

IP and Legal Filings

INTRODUCTION The term Loot Boxes is new to the Indian Economy but not to the online gaming platforms. It might appear on your screen while watching a random YouTube video. This advertisement appears with a splash of color, a grandiose soundtrack, and the promise of “legendary rewards.” Loot boxes appear on the screen, waiting to be opened.