Plagiarism Today
MARCH 5, 2024
Influencer Jay Shetty is facing allegations that he falsified much of his past. With that returns old plagiarism allegations made new again. The post Jay Shetty and Boomerang Plagiarism Allegations appeared first on Plagiarism Today.
Erik K Pelton
MARCH 5, 2024
Erik explains how a TTAB discovery conference works inside the process of a trademark opposition or cancellation proceeding. The post What is a TTAB Discovery Conference? appeared first on Erik M Pelton & Associates, PLLC. Erik explains how a TTAB discovery conference works inside the process of a trademark opposition or cancellation proceeding.
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Plagiarism Today
MARCH 5, 2024
Nintendo wins settlement against Yuzu, Authors fail to halt similar AI cases and publishers seek default judgment against LibGen. The post 3 Count: Player One Wins appeared first on Plagiarism Today.
JD Supra Law
MARCH 5, 2024
On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of artificial-intelligence-related lawsuits that have targeted some of the biggest technology companies in the world and some of the best-known artificial intelligence (AI) products on the market.
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
MARCH 5, 2024
Last week, we reported that an Indian dynamic+ court order had taken down movie-web’s demo site, along with several other pirate sites. The injunction, issued by the New Delhi High Court, requires local ISPs to block access to the domains. In addition, domain name registrars are also urged to take action. The reach of this Indian order expands far outside the nation’s borders.
JD Supra Law
MARCH 5, 2024
Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information. Originally published in Law360 - March 4, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
MARCH 5, 2024
In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the
Velocity of Content
MARCH 5, 2024
As touched on in the last post in this series, utilizing deep search can help an organization reduce the manual effort needed to secure crucial data found in gaps, such as across multiple unconnected data sources. The solution can also help companies who need to gather data quickly to help inform time-sensitive decisions. Scaling Up Manual Curation with Less Effort Even when sources of information are already available to an organization, deep search can be an effective solution for reducing the
Likelihood of Confusion
MARCH 5, 2024
I’m glad I got my grumbling in before this hit my inbox: The International Trademark Association (INTA) is pleased to announce the launch of its Pro Bono Trademark Clearinghouse. An initial two-year pilot program will take place in Germany and the United States, after which the Clearinghouse will be expanded to other countries. The Pro […] The post INTA does the right thing appeared first on LIKELIHOOD OF CONFUSION™.
Christopher Roser
MARCH 5, 2024
Poka yoke is Japanese for mistake proofing. It is a way to reduce errors and mistakes by designing the product so that it cannot be assembled or used incorrectly. I find this extremely useful, not only in manufacturing but also in many instances in daily life where poka yoke prevents me from making mistakes. In. Read more The post The Two Directions of Poka Yoke first appeared on AllAboutLean.com.
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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.
IP Law 360
MARCH 5, 2024
Federal Circuit judges had pointed questions Tuesday about a $10.1 million award — slashed from $110 million — that a small tire maker won against Toyo Tire for unfair competition and other claims, and about Toyo's bid to revive its trade dress case against the rival, Atturo Tire.
TorrentFreak
MARCH 5, 2024
Available on Windows, Linux, and since 2023, Android, Yuzu claims to be the most popular open-source Switch emulator in the world. That’s probably why Nintendo targeted Yuzu in a major copyright complaint filed last Monday in the United States. According to the Japanese gaming giant, Nintendo games are designed for Nintendo hardware and being the most popular Switch emulator in the world isn’t an accolade, it’s a statement of global piracy and always has been.
IP Law 360
MARCH 5, 2024
As a stable asset class that has fared well amid economic uncertainty, music catalogs have attracted much attention from both private equity firms and music industry corporations that are attuned to increasingly lucrative royalty fees and spikes in music streaming. Here, Law360 breaks down the largest music catalog-related asset sales ever, based on official announcements and media reports.
TorrentFreak
MARCH 5, 2024
News that the Provincial Court of Pontevedra has handed down substantial fines to individuals behind a very large pirate IPTV operation was first reported by ElMundo on Tuesday. Seven employees and managers of Spanish company Engel Systems SL received fines ranging from 540 euros to 7,290 euros for their part in the sale of pirate decoders, plus IPTV boxes and services, through their company over eight years ago.
IP Law 360
MARCH 5, 2024
A manufacturer of THC- and CBD-infused beverages shouldn't prevail on its second attempt to stop a rival from marketing drinks under an allegedly similar name, an Illinois federal magistrate judge found Monday, writing that the company's second injunction request "simply repackaged and reargued information.
The Illusion of More
MARCH 5, 2024
I met Bill Westwood last year when he contacted me to very kindly ask if I would like to speak to the Association of Medical Illustrators (AMI) about copyright and artificial intelligence. I was aware of medical illustration as a specialized field but didn’t know much about it until I drove up to Albany to […] The post Medical Illustrator Westwood Files Substantial Claim Against Publisher Thieme appeared first on The Illusion of More.
The IPKat
MARCH 5, 2024
Michelangelo's Cumaean Sybil in the Sistine Chapel In the ancient Greek and Roman world, sybils were priestesses who acted as gods’ intermediaries with the mortals to anticipate future events. Their prophecies, however, were delivered in obscure ways. Hence the adjective ‘sibylline’, which refers to messages that are not immediately intelligible or remain cryptic tout court.
JD Supra Law
MARCH 5, 2024
A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada Limited (2024 BCSC 3), the BC Supreme Court issued an interlocutory injunction restraining adidas Canada (“adidas”) from displaying the TERREX name on its store located on West 4th Avenue in Vancouver.
The TTABlog
MARCH 5, 2024
The Board affirmed a Section 2(e)(5) refusal to register, on the Supplemental Register, the product configuration shown below, for "holsters," finding the proposed mark to be de jure functional under Section 2(e)(5). Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort.
JD Supra Law
MARCH 5, 2024
The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed with the Local Divisions. The cases include infringement cases, counterclaims for revocation, and damages proceedings, as well as applications for provisional measures, for preserving evidence, and for order for inspection.
IP Law 360
MARCH 5, 2024
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
JD Supra Law
MARCH 5, 2024
Artificial intelligence (AI) has become a game changer across various sectors, and intellectual property (IP) law is no exception. As AI technologies continue to evolve at a rapid pace, legal professionals will see a surge in IP litigation, ranging from patent infringement cases to copyright issues surrounding AI-generated content.
IP Close Up
MARCH 5, 2024
Microsoft has overtaken Apple in the two-decade long global competition for the company with highest market capitalization. Microsoft’s market value stood at $3.
JD Supra Law
MARCH 5, 2024
One day, Name, Image and Likeness may pivot away from collectives and pivot toward university-based funding. At least one prominent athletic department is preparing for the possibility.
Copyright Alliance
MARCH 5, 2024
In February, the courts remained extremely busy with the multitude of ongoing AI copyright cases while the Copyright Office continued to ramp up its modernization efforts. Here is a quick […] The post February 2024 Roundup of Copyright News appeared first on Copyright Alliance.
JD Supra Law
MARCH 5, 2024
Trademarks in the pharmaceutical industry are important not only as part of a company’s intellectual property portfolio, but also as a matter of public health, and obtaining a trademark registration in the pharmaceutical industry raises unique issues and considerations that need to be carefully navigated. When selecting a new product name, formulating a clearance strategy, and filing and prosecuting applications for marks, there are processes and techniques that help avoid and, if necessary, By:
IP Watchdog
MARCH 5, 2024
On March 4, the European Commission announced that it had levied a fine of more than €1.8 billion ($1.95 billion USD) against American consumer tech giant Apple over app restrictions employed by Apple’s App Store. The massive fine, which the Commission increased to ensure it was sufficiently deterrent to Apple’s anti-competitive practices, is the latest in a series of legal actions within the European Union (EU) to target dominant Internet platforms under competition law.
JD Supra Law
MARCH 5, 2024
1: Initial Considerations - This is the first in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation and facing a suit, especially one arising without the preparation period that a demand letter or other pre-litigation event might provide. By: Wolf, Greenfield & Sacks, P.C.
IP Watchdog
MARCH 5, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today mostly upheld a district court ruling that found Chewy, Inc. did not infringe several claims of one IBM web advertising patent and that granted summary judgment of patent ineligibility on certain claims of another. However, the decision, authored by Chief Judge Kimberly Moore, reversed the district court’s finding of noninfringement on one of the five asserted claims of one patent, remanding the case for fu
JD Supra Law
MARCH 5, 2024
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures protection for “original works of authorship fixed in any tangible medium of expression” (17 U.S.C. § 102(a)).
Patently-O
MARCH 5, 2024
by Dennis Crouch The Federal Circuit has affirmed the PTAB’s finding that Pfizer’s pneumococcal vaccine patent is obvious, but has vacated and remanded the Board’s denial of Pfizer’s motion to amend certain claims. Pfizer Inc. v. Sanofi Pasteur Inc. , No. 19-1871 (Fed. Cir. Mar. 5, 2024); U.S. Patent No. 9,492,559. Pfizer v. Sanofi Opinion.
JD Supra Law
MARCH 5, 2024
On February 14, the Oregon House of Representatives passed a bill amending the state’s law regarding name, image, and likeness (NIL). If the bill (HB 4119) passes through the state Senate, it would prohibit the NCAA, athletic conferences, or other athletic governing bodies from punishing schools and student-athletes for violating NIL rules. The bill also would allow for NIL compensation to be contingent on a student-athlete attending a specific school and provide schools in the state and their.
The IP Law Blog
MARCH 5, 2024
On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states) to file their BIO Report within the timeframes specified below at this time.
JD Supra Law
MARCH 5, 2024
An en banc panel of the Federal Circuit recently heard arguments in a case that could change how courts assess design patents for “obviousness.” LKQ Corporation and GM Global Technology Operations LLC are engaged in a dispute over GM’s design patent for a vehicle fender.
IP Tech Blog
MARCH 5, 2024
Artificial Intelligence (AI) systems are becoming an increasingly important part of our lives and are affecting almost every industry. In compliance with section 5.2(c)(i) o the President’s October 30, 2023 Executive Order (EO) 14110 , titled “Safe, Secure, And Trustworthy Development and Use of Artificial Intelligence (AI)”, the US Patent and Trademark Office (USPTO) has issued Guidance entitled Inventorship Guidance for AI-Assisted Inventions , effective from February 13, 2024, to address wha
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