Wed.May 08, 2024

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Why AI Makes Copyright Registration More Important

Plagiarism Today

For most creators, copyright registrations aren't practical. However, AI may give some a reason to change their mind. The post Why AI Makes Copyright Registration More Important appeared first on Plagiarism Today.

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George Carlin Was Funny – Copying His Likeness AIn’t Estate Settles AI-based Copyright Claims

JD Supra Law

According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The special – “I’m Glad I’m Dead” – sought to reflect how Carlin would have commented on current events since his death in 2008. While most of the settlement terms are confidential, it is significant as one of the first resolutions of a case involving these issues.

Copying 104
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3 Count: Shark Bite

Plagiarism Today

Judge denies new trial in Kat Von D case, Sony sends notice over Shark Tank India clips and Musi raises questions about legality. The post 3 Count: Shark Bite appeared first on Plagiarism Today.

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Are Hard Seltzers Considered Beer?  The Jury is Still Out. 

JD Supra Law

Cerveceria Modelo De México, et. al, v. Cb Brand Strategies, Llc, et. al, 2024 WL 1253593 (2d Cir. Mar. 25, 2024) - A license agreement with broad terms might seem like a good idea, but it could turn into something that you later regret. On March 25, 2024, the Second Circuit (“the Court”) affirmed that a licensee did not violate a trademark license agreement for “beer” products by selling hard seltzer products under the same trademark.

Licensing 104
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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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IP Owners Call For PTAB Amendment Plan To Be Permanent

IP Law 360

The U.S. Patent and Trademark Office has received a series of comments on its plans to formalize a Patent Trial and Appeal Board pilot program to assist patent owners in amending challenged claims, including from groups such as the Intellectual Property Owners Association and the Council for Innovation Promotion.

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Nintendo’s DMCA Operation Continues With Lockpick, Kezplez-nx Takedowns

TorrentFreak

More recent generations of video gamers will undoubtedly have their own ideas about which company in business today has made the greatest contribution to the art of videogames. Those who nominate Sony, for marketing the original PlayStation at adults and forever transforming public perception of video games, have a very solid case. Yet when one balances software, hardware, innovation, consistency, branding and longevity, the only answer that stands up to the most intense scrutiny is Nintendo.

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Section 230 Preempts Product Design Claims–Lama v. Meta

Technology & Marketing Law Blog

The court summarizes: Plaintiff alleges that Defendants failed “to implement a child protective procedure whereby parents, school personnel, and other children[-]responsible persons would be able to protect against online bullying wherein the defendants’ products were foreseeably weaponized to facilitate online bullying,” and that, as a result of this failure, Plaintiff was harmed when he was subjected to hateful and bullying comments that were made about him on the “nrcs.anythings” Instagram ac

Designs 87
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Swimming Makes Me A Better Lawyer

IP Law 360

Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

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So the FTC Banned Non-Competes… What Does This Mean For Your IP?

JD Supra Law

The FTC recently found that non-compete agreements are an unfair method of competition, and issued a final ruling that bans non-compete agreements. The commission predicts the nationwide ban will encourage innovation, increase the number of business startups, and lead to higher earnings for employees.

IP 75
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BREAKING: Biden Picks US Magistrate Judge In Fla. For 11th Circ.

IP Law 360

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

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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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[Video] John Harmon on the Evolving Impact of Artificial Intelligence on Intellectual Property

JD Supra Law

John Harmon is a shareholder in both the Mechanical and Chemical & Materials Technologies Practices at Wolf Greenfield. He represents clients in industry and academia in a wide range of technologies related to the mechanical, materials, and chemistry fields. One area of particular interest these days is the evolving impact of artificial intelligence (AI) on intellectual property matters.

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TTAB Affirms Section 2(d) Refusal of NUDE X for Cosmetics in view of NAKED X for Hair Care Products

The TTABlog

Trademark attorneys would be wise to become familiar with the CAFC's 2018 decision in Detroit Athletic [ TTABlogged here ]. At the time, I called it "a primer on much of the law of Section 2(d) as applied by the TTAB." It is frequently cited by the Board in recent decisions, including this one. In re BeBella Inc. , Serial No. 97281194 (May 2, 2024) [not precedential] (Opinion by Judge Wendy B.

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How Founders Can Get Paid (and Keep the Cash): A Practical Guide

JD Supra Law

Understanding market trends and effective planning strategies can yield improved financial results for start-ups and growth companies. Starting your start-up. What type of entity you form impacts your taxes, which hits your bank account both immediately (quarterly taxes) and in the long term (at exit). A C Corporation(c-corp) is taxed on income (currently at historically low rates), and if income is paid to shareholders (as dividends), shareholders are also taxed.

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AI Art Cos. Fight Uphill To Toss Artists' Copyright Suit

IP Law 360

Attorneys for four companies that make or distribute software that creates images with text prompts urged a California federal judge Wednesday to rethink his tentative opinion to allow some claims by a proposed class of artists to move forward, with one warning it could lead to hundreds of thousands of similar suits.

Art 59
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Do You Own Your Social Media Account? Minding Your Intellectual Property Rights

JD Supra Law

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights prepared by our seasoned attorneys. This month, we are discussing ownership and proprietary rights to social media accounts.

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DLA Piper, Cooley Lead Software Firm Silvaco's $114M IPO

IP Law 360

Electronic design automation software company Silvaco Group on Wednesday priced an $114 million initial public offering at the top of its range, represented by DLA Piper and underwriters' counsel Cooley LLP.

Designs 59
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FTC Final Rule Banning Non-Competes Faces Uncertainty

JD Supra Law

The Federal Trade Commission’s final rule banning non-competes was published in the Federal Register Tuesday, potentially becoming effective on September 4, 2024. The new rule would prohibit employers from imposing restrictions on workers seeking or accepting employment with a competitor or starting a competing business. But pending lawsuits against the FTC related to the rule cast doubt on if and when the rule will be implemented.

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Finding More Than Studs: Domestic Industry Nexus Tightens

Patently-O

by Dennis Crouch I always struggle to use these stud finders; I think its hard for them to focus when I’m around. Zircon Corp. v. International Trade Commission , No. 2022-1649 (Fed. Cir. May 8, 2024) The ITC is designed as a protector of United States domestic industry against unfair competition in the form of foreign imports. In the patent sphere, the ITC is authorized to bar importation of infringing products that threaten a domestic industry.

Patent 59
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Battery Technology Trade Secret Theft Runs Out of Juice

JD Supra Law

A recent complaint alleging trade secret misappropriation in the Eastern District of New York demonstrates the importance of combing an alleged trade secret misappropriator’s social media for subtle – and not-so-subtle – evidence of their wrongdoing. The United States has charged Klaus Pflugbeil and Yilong Shao with conspiring to convey a trade secret without authorization within the Eastern District of New York.

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G+ Communications v. Samsung: The Perils of Being ‘Half-Committed’ to FRAND

IP Watchdog

Earlier this year, a jury trial was held in the matter of G+ Communications, LLC v. Samsung Electronics Co., Samsung Electronics America, Inc., Case No: 2:22-CV-00078-JRG (E.D. Texas). Pursuant to the jury’s verdict, two of the three patents asserted were found to be infringed by Samsung, and compensation was awarded to G+ in the amount of $45 million for one patent and $22.5 million for the other.

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Moonlighting: When Should I Quit My Day Job?

JD Supra Law

A founder’s eureka moment may come at any time, and commonly occurs while employed by another company. Sometimes the kernel of an idea is a result of something the founder encounters in their day job—an ancillary problem that they want to solve, or an issue that arises time and again and for which there is not a useful or practical solution.

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National Hurricane Preparedness Week

U.S. Department of Commerce

National Hurricane Preparedness Week May 8, 2024 ASowah@doc.gov Wed, 05/08/2024 - 10:20 Weather and satellites As hurricane season approaches, taking action is essential to better prepare for the worst. Begin pre-season preparations today to understand your risk from hurricanes. Ensure you know how to interpret forecasts and alerts and what to do before , during , and after a storm.

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Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

JD Supra Law

In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called “rough causality” before finding specific personal jurisdiction and (2) in declaratory noninfringement actions, whether activities other than rights-enforcement efforts are relevant to determining specific personal jurisdiction.

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Gambling Cos. Can't Knock Out 4 Location Software Patents

IP Law 360

DraftKings and several other gambling companies have failed to persuade the Patent Trial and Appeal Board to invalidate a quartet of patents covering location software that were issued to a patent lawyer who has sued at least 10 major betting brands.

Patent 52
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Your Voice is Your Identity

JD Supra Law

In 1992, a jury awarded the singer Tom Waits the equivalent of $6 million in today’s dollars because Frito-Lay used a voice-alike in its Doritos ad and misappropriated his right to publicity. Bette Midler, Shirley Booth, and Bert Lahr also sued advertisers who used their voice-alikes in ads. Originally published in The Daily Record.

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Teva Must Face Bulk Of Asthma Inhaler Antitrust Suit

IP Law 360

A Massachusetts federal judge largely refused Tuesday to toss antitrust claims accusing Teva of a decadelong anticompetitive scheme to delay generic competition for its blockbuster QVAR asthma inhalers, finding it plausible that Teva paid off a would-be rival and forcibly switched doctors and patients to a new product.

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Janssen Pharms., Inc. v. Tolmar, Inc. - Invega Sustenna® (Paliperidone Extended-Release Suspension)

JD Supra Law

Case Name: Janssen Pharms., Inc. v. Tolmar, Inc., Civ. No. 21-1784-WCB, 2024 WL 834762 (D. Del. Feb. 26, 2024) (Bryson, J.) - Drug Product and Patent(s)-in-Suit: Invega Sustenna® (paliperidone extended-release suspension); U.S. Patent No. 9,439,906 (“the ’906 patent”).

Patent 63
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Black & Decker's Stud Finder Patent Win Gets Fed. Circ. OK

IP Law 360

The Federal Circuit on Wednesday upheld a decision clearing Stanley Black & Decker Inc. in a stud finder patent suit by rival Zircon Corp., backing the U.S. International Trade Commission's finding that Zircon didn't show it has a domestic industry of products protected by the patents.

Patent 52
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Amazon’s Patent Evaluation Express (APEX) Program Has Declaratory Judgment Action Risks for Patent Owners

JD Supra Law

Amazon’s Patent Evaluation Express (APEX) program provides an expedited and low-cost tool for patent owners to stop the sale of infringing products on Amazon’s platform. But low cost does not mean low risk. The U.S. Court of Appeals for the Federal Circuit’s recent decision in SnapPower v. Lighting Defense Group, 2023-1184 (Fed. Cir. May 2, 2024), confirms that one risk to a patent owner of availing itself of the APEX program is that it may expose the patent owner to declaratory judgment actions

Patent 63
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Split 6th Circ. Says Digital Media TM Case Has To Stay In Tenn.

IP Law 360

The Sixth Circuit on Wednesday held that a trademark fight between two companies that digitally preserve home movies, photos and other media will have to play out in a Tennessee federal court, after the panel split over how many customers are enough to extend jurisdiction in the trademark dispute.

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Isn’t It Obvious?  The Constitutional Origin of Patent Law’s Non-Obviousness Requirement

JD Supra Law

Patents are prohibited from claiming inventions that would have been obvious to a person having ordinary skill in the art (“POSITA”). This non-obviousness requirement is an application of the Constitution’s limitations on the scope and purpose of Congress’ authority to grant patents.

Patent 63
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Arendi Seeks Revival Of Google, Oath IP Rows At Fed. Circ.

IP Law 360

Arendi SARL has urged the Federal Circuit to revive its two data system patent lawsuits alleging infringement by Google and Oath Holdings, arguing in part that the lower court erred when it failed to find the patents eligible.

IP 52
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The Fine Print Matters: AI Software Agreements Require Careful Scrutiny

JD Supra Law

As law firms and other businesses increasingly look to AI-driven software to drive efficiency, the importance of meticulous review of not just their capabilities and features, but also the agreements under which they are provided, becomes a crucial part of the onboarding process.

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Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told

IP Law 360

An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.

IP 52
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Copyright Battle in 2K Games Lawsuit Comes to a Close

JD Supra Law

The case of Hayden v. 2K Games, Inc. involving a tattoo artist’s copyright battle against the gaming giant, 2K Games, was decided earlier this month. In 2017, tattoo artist James Hayden filed the lawsuit over 2K Games’ realistic portrayals of his tattoo designs on its popular basketball player avatars.