Mon.Jan 29, 2024

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Richard Prince and the Future of Fair Use

Plagiarism Today

Richard Prince has agreed to pay two photographers whose work he used in his art. Here's what it means for fair use moving forward. The post Richard Prince and the Future of Fair Use appeared first on Plagiarism Today.

Fair Use 267
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Looking Ahead in the UK - Technology, Data Privacy, Cybersecurity and IP developments in 2024

JD Supra Law

Intellectual Property - Generative AI – ongoing impacts - Since 2022, the popularity and availability of generative AI has continued to grow. It is estimated that 79% of internet users aged 13-17, and 31% of those aged 16 and above, use generative AI tools and services.

Privacy 132
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3 Count: Substantially Unsimilar

Plagiarism Today

Kat Von D wins tattoo trial, Richard Prince settles dispute with photographers and Ironmace gets win in Dark and Darker case. The post 3 Count: Substantially Unsimilar appeared first on Plagiarism Today.

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Viewing Illegal Streams: No Cautions, Fines or Arrests Say GM Police

TorrentFreak

Last Friday, we reported on two Freedom of Information Act requests directed at two regional police forces in the UK. In almost identical requests, which appear to have been filed by the same person, Wiltshire Police and West Yorkshire Police were asked eight questions relating to enforcement measures taken against suppliers, distributors, and consumers of illegal streaming services.

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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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Richard Prince Effectively Settles, Dodging Post-Warhol Fair Use Ruling

IP Watchdog

On Thursday, final judgments were issued in a pair of copyright infringement cases that arose from a now infamous 2014/2015 project New Portraits, where appropriations artist Richard Prince displayed Instagram photos and user comments as a purported commentary on social media and art. The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all t

Fair Use 110
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Music Labels ‘Vinyl’ Copyright Lawsuit Comes Too Late, Internet Archive Says

TorrentFreak

Founded in 1996, the Internet Archive has built an unparalleled library of digital artifacts in less than three decades. Many people are familiar with the website archiving project “Wayback Machine” but the non-profit also has many other preservation projects underway. These meticulous archiving skills are a vital part of the digital history books, which are being ‘written’ as we speak.

Music 115

More Trending

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K-Books Are Coming

Velocity of Content

From Squid Game to Parasite , BTS to Blackpink , Korean popular culture has ascended to the summit of global attention. Korean books, especially novels by women authors, are also finding enthusiastic readers far beyond native audiences. Kim Ji-young, Born 1982 by Cho Nam-Joo, a fictionalized memoir with factual footnotes, ignited a feminist groundswell in South Korea and has sold over 1 million copies worldwide since its publication in 2016.

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Why the Carlin Estate’s Lawsuit Over Fake Comedy Special May Be DOA

Copyright Lately

While billed as a groundbreaking move in the battle over unauthorized digital replicas, the George Carlin estate’s new lawsuit faces tough challenges in court. The late, great George Carlin once said, “I think it’s the duty of the comedian to find out where the line is drawn and cross it deliberately.” Subversive comedy was Carlin’s stock-in-trade, but a new lawsuit claims that an AI-generated Carlin impersonation is a bridge too far.

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Music Labels ‘Gramophone’ Copyright Lawsuit Comes Too Late, Internet Archive Says

TorrentFreak

Founded in 1996, the Internet Archive has built an unparalleled library of digital artifacts in less than three decades. Many people are familiar with the website archiving project “Wayback Machine” but the non-profit also has many other preservation projects underway. These meticulous archiving skills are a vital part of the digital history books, which are being ‘written’ as we speak.

Music 89
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Actualités Législatives et Réglementaires – Décembre 2023

JD Supra Law

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de décembre 2023. Ces Actualités législatives et réglementaires vous sont communiquées à titre d'information. Elles n'ont pas vocation à être exhaustives ou à constituer un avis juridique.

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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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UPC and Italy sign Milan headquarters’ Agreement

The IPKat

On 26 January 2024, the Unified Patent Court (UPC) and Italy signed the formal agreement on the Headquarters of the third seat of the UPC Central Division in Milan. The finalization of the agreement was announced with a press release by the Italian Ministry of Foreign Affairs. The agreement was signed in Milan between the Italian Ministry of Foreign Affairs and the UPC, represented by the President of the UPC Court of Appeals, Klaus Grabinski.

Patent 67
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LUMIGAN RC formulation patent found valid and infringed

JD Supra Law

In a patent infringement action brought by Allergan and AbbVie under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (Regulations), in relation to 0.01% w/v bimatoprost solution for ophthalmic administration (AbbVie’s LUMIGAN RC), Justice Pentney of the Federal Court found Canadian Patent No. 2,585,691 (the 691 Patent) to be valid and granted a declaration of infringement: Allergan Inc v Juno Pharmaceuticals Corp, 2023 FC 1686.

Patent 75
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USPTO Seeks Candidates for Deputy Chief Administrative Trademark Judge at the TTAB

The TTABlog

The USPTO is seeking applications for the position of Deputy Chief Administrative Trademark Judge at the Trademark Trial and Appeal Board. Applications are accepted until February 29, 2024. Further details may be found at the USA Jobs website, here. Duties As the Deputy Chief Administrative Trademark Judge you will have the opportunity to serve as a full voting member of the Trademark Trial and Appeal Board.

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[Video] Ad Law Tool Kit Show – Launching Tomorrow

JD Supra Law

Check out the trailer for a new podcast coming from Venable’s Advertising and Marketing Law Group tomorrow, the Ad Law Tool Kit Show. Each week, our award-winning team will dive into a new issue—from negative option marketing to copyright protection and influencer endorsements—and examine the increasingly complex regulatory landscape.

Law 75
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TTAB Posts February 2024 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled two oral hearings for the month of February 2024. [It is a short month]. Both hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. February 13, 2024 - 1 PM: Iron Balls International Ltd. v. Bull Creek Brewing, LLC , Cancellation No. 92079099 [Petitioner for restriction of a registration for the mark IRON BALLS for "beer," to "“micro-brewed craft beer," t

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[Podcast] Exploring the Intersection of Intellectual Property, Copyright and Artificial Intelligence | Akin Intelligence

JD Supra Law

In this episode of OnAir with Akin, lobbying and public policy partner Hans Rickhoff and senior counsel Reggie Babin lead a discussion with intellectual property partner David Vondle on intellectual property, copyright, and how that intersects with both the courts and with federal policy.

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When life gives you lemons, make cloudy lemon cider! The E&W High Court hands down judgment in Thatchers v Aldi trade mark case

The IPKat

In a recent decision which has divided trade mark practitioners across the UK, the High Court of Justice of England and Wales (the Court) found that Aldi's own-brand cloudy lemon cider product had not infringed the trade mark rights in the packaging of the product it was inspired by. Background In February 2020, Thatchers Cider Company (Thatchers), a well-known cider producer, launched its canned Cloudy Lemon Cider product (Thatchers' Product) using the following mark, which was also registered

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Division I Council Approves NIL Disclosure and Transparency Rules, Introduces New Proposals for School Involvement

JD Supra Law

This month, the NCAA Division I Council approved a proposal to address student-athlete protections related to name, image and likeness (NIL) deals. The proposal will become effective August 1.

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Clase Azul Maker Says Similar Tequila TM Vexes Customers

IP Law 360

The creator of Clase Azul tequila told a Houston federal judge Monday that the emergence of Delaware-based Casa Azul Spirits LLC is creating confusion in the tequila industry for the first time in his company's more than 20-year history during the first day of a trademark infringement trial between the entities.

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FDA Approves Yet Another Interchangeable Biosimilar and Another Biosimilar

JD Supra Law

On October 3, 2023, the U.S. Food and Drug Administration (FDA) announced approval of Biogen's Byooviz (ranibizumab-nuna) as an interchangeable biosimilar to Genentech's Lucentis (ranibizumab injection). The drug was approved for intravitreal injection for the following indications.

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Amazon Can't Escape Streaming Patent Infringement Suit

IP Law 360

A California federal judge denied a bid by Amazon and its streaming platform unit Twitch Monday to toss a patent infringement suit over video streaming technology, saying the patent at issue isn't abstract and invalid but shows an improvement over prior inventions for computer functionality.

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Patent Poetry: Federal Circuit Affirms PTAB Based on “Ordinary Meaning”

JD Supra Law

The Federal Circuit has affirmed two decisions of the Patent Trial and Appeal Board (PTAB or Board) that upheld some claims of a patent owned by Personal Genomics Taiwan, Inc. (PGI) and invalidated other claims. Pacific Biosciences of California, Inc. (PacBio) filed two petitions with the US Patent and Trademark Office (USPTO) under 35 U.S.C. §§ 311–19, each one seeking an inter partes review of a group of claims of U.S.

Patent 68
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SpicyIP Weekly Review (January 22- January 28)

SpicyIP

[ This weekly review is co-authored with SpicyIP intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab.] Beat the ‘Monday Blues’ with our recap of IP developments from last week. Do read our summaries of the post on the DHC restraining generic competitors for Ibrunitib, Delhi High Court’s finding on opposition and examination process, and some quick tidbits on the Ram Mandir, Oppo-Nokia dispute settlement,

Music 59
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Navigating the Implications of In re Cellect: What You Need to Know About Patent Term Adjustment & Obviousness-Type Double Patenting

JD Supra Law

On January 19, 2024, the Court of Appeals for the Federal Circuit issued an order denying the Petition for Rehearing En Banc in the much awaited In re Cellect matter. The mandate of the court issued today.

Patent 68
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CareDx Hit With $96M Infringement Verdict Over DNA Test IP

IP Law 360

A Delaware jury has moved to award Natera over $96 million in damages after finding that rival CareDx infringed one of its patents through the sale of its DNA tests for organ transplant recipients.

IP 52
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What do you Meme I can Reduce my Risks of Re-Posting Trending Content on my Brand Site?

JD Supra Law

Some of my favorite requests come from brands that want to dive into a cultural moment and stop to ask their lawyers for advice. The week leading up to the “Barbie” premiere was so much fun (and check out Sarah’s “Barbie” blog here).

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FTC Backs CoStar Rival's Counterclaims At 9th Circ.

IP Law 360

The Federal Trade Commission asked the Ninth Circuit on Friday to revive Commercial Real Estate Exchange Inc.'s antitrust counterclaims against commercial real estate information firm CoStar, warning that a district court's dismissal could impair the agency's probe of similar allegations as well as "meritorious cases against monopolists of all stripes.

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Think Patents Don’t Have Teeth? Think Again

JD Supra Law

The U.S. International Trade Commission (ITC) recently ruled that select Apple watch models infringed on blood oxygen monitoring patents owned by biotech firm Masimo Corporation. As a result, the ITC instituted a ban on importation of Apple Watch Series 9 and Ultra 2 models, and Apple is now selling its affected watches without blood oxygen measuring features covered by the Masimo patents.

Patent 66
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Conn. IP Atty Can Send Holiday Cards To Rival's Clients

IP Law 360

A Connecticut magistrate judge ruled Monday that while a settlement agreement barring an intellectual property attorney from contacting his ex-partner's clients extends to the attorney's new firm, it doesn't prevent the lawyer from sending holiday greetings because the prohibition's broadness flouted Connecticut state law.

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A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

JD Supra Law

In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon platform to uncover bad actors and counterfeit products, works with brand owners of all sizes to remove counterfeit products from the platform, and works with law enforcement in the U.S. and abroad to confiscate counterfeit goods and capture bad actors.

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UAE Law and Employee Misuse of Company Funds: What You Need to Know

LexBlog IP

Introduction The UAE has a comprehensive legal framework governing labour relations and financial crimes. Employers in the UAE have clear guidelines for terminating workers without notice in the case of serious offences, including the misuse of company funds. In this article, we will explore the relevant UAE laws, specifically Federal Decree-Law No. 33/2021 on the Regulation of Labour Relations, Federal Decree-Law No. 31/2021 on Crimes and Penalties, and Federal Law No. 5/1985 on the Civil Trans

Law 52
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When is the best time to file a patent?

Patent Trademark Blog

When should you file a patent application? Apply for a patent now or wait a bit? If not now, when? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Let’s explore why. Need to file a patent application before making a public disclosure?

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The Pop Culture Docket: Judge Djerassi On Super Bowl 52

IP Law 360

Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

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How the New USPTO Pre-Application Assessment Program Only Reinforces the Need for Integrated & Intelligent Patent Evaluation Software

IP.com

Over the last decade, the total annual patent applications submitted to the United States Patent and Trademark Office (USPTO) each year is over 600,000 applications. The fastest patent review process time is 6-12 months if fast-tracked via Track One , with the average taking up to 22 months. With a steady increase in patent submission rate and added strain on the patent review and approval system, the USPTO has announced plans to launch a new pre-application review program called the “Pre-Prosec

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5th Circ. Partly Backs Finding In Rolex Trademark Case

IP Law 360

The Fifth Circuit has backed a lower court's finding that luxury watchmaker Rolex had its trademarks infringed by a company that sold counterfeit watches, but the appellate court modified an earlier order over an injunction in the case.