Thu.Feb 13, 2025

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5 Things To Do When Starting a Business

Erik K Pelton

The following is an edited transcript of my video Do These 5 Things When Starting a New Business. Form an LLC or corporation with the state. That gives you some layer of legal protectionmay not be completebut a layer is better than none. A lot of people don’t realize that the LLC or corporation name doesn’t have to match what the overall business or brand name is.

Business 130
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From Courtroom to Canvas: How an AI Copyright Case Could Shape the First Major AI Art Auction

IP Watchdog

The controversy surrounding AI and copyright extends beyond the courtroom to the art market, where AI-generated works are increasingly contested. The ruling in Thomson Reuters v. Ross Intelligence adds legal weight to concerns about AIs impact on creative and commercial markets, including the sale of fine art through auction houses and galleries, and its potential to compete directly with copyright holders.

Art 97
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3 Count: Incoherent

Plagiarism Today

Publishers sue AI company Cohere, Tencent wins big against IPTV sellers and Dark and Darker ruled not copyright infringing. The post 3 Count: Incoherent appeared first on Plagiarism Today.

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Record Labels Target 20 ISPs in Pursuit of BitTorrent Pirates and Damages

TorrentFreak

The Recording Industry Association of Japan (RIAJ) has around 65 members including Sony, Universal, and Warner. For good reason it’s seen as the local equivalent of America’s RIAA. The global music industry is currently in good health and Japan is no exception. In a recent report, RIAJ Chairman and Sony Music Entertainment CEO Shunsuke Muramatsu said that 2024 marked the 11th consecutive year of growth in the domestic market.

Music 83
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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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Court Rejects Fair Use Defense in AI Copyright Case

JD Supra Law

A federal district court in Delaware has issued the first AI copyright fair use decision on the merits, granting partial summary judgment for copyright owner Thomson Reuters on copyright infringement and rejecting defendant Ross Intelligences fair use defense. The case has important implications for the dozens of other AI copyright cases that are working their way through the U.S. courts.

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Guarantee of Confusion: When AI Scrapes the News

The Illusion of More

That title riffs on the term of art in trademark law known as likelihood of confusion. It refers to a foundational test, which asks whether the average consumer will confuse a particular mark (words, design, or both) with a product or service that is not produced or distributed by the company associated with a known […] The post Guarantee of Confusion: When AI Scrapes the News appeared first on The Illusion of More.

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Music Artists Ask Congress to Finally Correct the Radio Royalties Mistake

The Illusion of More

Today is World Radio Day, and when most of us think of radio, we think of music. That’s why today, Congress received a letter signed by about 300 performing artistsasking lawmakers to pass the long-overdue American Music Fairness Act (AMFA) this session. Each year, AM/FM radio stations play nearly a billion songs. And each year, […] The post Music Artists Ask Congress to Finally Correct the Radio Royalties Mistake appeared first on The Illusion of More.

Music 74
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Fair-Use Whiplash: Thomson Reuters v. Ross Intelligence Revisits Fair Use for Artificial Intelligence

JD Supra Law

On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future courts will analyze transformative use and intermediate copying of copyrighted works used to train artificial intelligence models.

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Dark & Darker Dev Didn’t Infringe Copyright, Violated Trade Secrets

Plagiarism Today

Ironmace, the devs behind Dark and Darker, hit with a $5.9 million judgment in case against Nexon. However, it wasn't because of copyright. The post Dark & Darker Dev Didn’t Infringe Copyright, Violated Trade Secrets appeared first on Plagiarism Today.

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UPC Risks Unveiled: Navigating Outcome Trends and Parallel Revocation Strategies

JD Supra Law

The Unified Patent Court (UPC) is transforming the way patents are enforced and challenged in Europe with its broad jurisdiction and potential for harmonizing the patent enforcement situation in a significant part of the European Union. With 18 member states, the UPC provides a streamlined and centralized forum for handling patent disputes on both validity and infringement for those countries that have acceded to the UPC agreement.

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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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When Properties Define Structure: Eligibility of Composition Claims

Patently-O

by Dennis Crouch The Federal Circuit has reversed a controversial ITC decision that had invalidated composition of matter claims as abstract ideas. US Synthetic Corp. v. Int'l Trade Comm'n , No. 23-1217 (Fed. Cir. Feb. 13, 2025). This case marks an important limitation on the seemingly ever-expanding realm of patent ineligibility under Section 101. Writing for a unanimous panel, Judge Chen wrote that US Synthetic's patent claims covering polycrystalline diamond compacts (PDCs) used in drill bits

Patent 59
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What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

JD Supra Law

The first 24 hours of punditry on Judge Stephanos Bibass summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the decision destroys fair use defenses in the pending generative AI copyright litigations, or that the decision is entirely irrelevant to those cases.

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CAFC Reverses ITC’s Section 101 Invalidity Finding on Composition of Matter Claims

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in US Synthetic Corp. v. International Trade Commission (ITC) reversing the ITCs determination that US Synthetics composition of matter patent claims were directed to a patent-ineligible abstract idea under 35 U.S.C. 101. The Federal Circuit faulted the ITC for applying Step 1 of Alice/Mayo too narrowly in finding that the disclosed magnetic properties of the compound are side effects of the unclaimed

Patent 59
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Blow up: Claim against BBC ends in civil restraint order

The IPKat

Image from Copilot (prompt in image description) Hot on the heels of the failure of a format rights claim reported by the IPKat here , the decision of the English High Court in Jukic v British Broadcasting Corporation & Anor [2025] EWHC 221 (Ch) deals with a claim by an individual that her treatment (a treatment typically being a detailed written summary of a production, such as a TV programme, film or advert) for a TV show was copied and turned into a long-running BBC series called Glow Up:

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Searching for Love: 7 Search Types That Lenders Will Fall For

Cogency Global

What this is : Its Valentines Day and you know what that means: Were all out there searching for that special someone to make us feel loved and secure. If youve been trying to figure out if your date is the one, then youve probably already done a little due diligence to learn more about their overall character, trustworthiness and perhaps even their financial status to determine if youd be a good match.

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“Volitional Conduct” Doctrine Helps DistroKid Defeat Copyright Infringement Claim–White v. DistroKid

Technology & Marketing Law Blog

White created “beats” and got copyright registrations for them. He orally licensed the beats to Rivers for a 50% royalty and a promise to keep booking live performances for White. Rivers incorporated the beats into her album. White alleges that Rivers stopped booking live performances and thereby abrogated the beats license. White, with Rivers’ consent, had uploaded her album to DistroKid, which describes itself as “a service for musicians that puts your music into online

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Trademark Rejected Again: Smarter Options to Respond to a Final Office Action

Patent Trademark Blog

Was your trademark application rejected again? It can be frustrating to receive a second refusal in your trademark application. Would filing another argument be a waste of money? Let’s explore smarter options when your trademark application is rejected again. Need to overcome a second trademark rejection? Email your trademark application number and budget to US patent and trademark attorney Vic Lin at vlin@icaplaw.com.

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Dragons' Den IP Blog - Series 22 Episode 6

Dragons' Den

As Episode 6 of Dragons Den swept onto our screen, I was eager to see how Intellectual Property (IP) would sizzle into the episode. This week saw bedding plants delivered to your doorstep, a mum making travel easier for busy parents and crisps with a sustainable twist, but it was an umbrella claiming to be the best on the market that caught my IP eye Rainy Days and Mondays As I live in often-rainy South Wales and regularly commute on public transport, owning a good umbrella is a must, and the i

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RTC RICH TRAPPERS CLUB Logo Not Confusable with RTC for Clothing, Says TTAB

The TTABlog

Despite the overlap in goods and the presumed overlap in channels of trade and classes of consumers [which the Board sometimes weighs "heavily" against the applicant], the Board reversed a refusal to register the mark shown below for "Clothing, namely, pants, shirts; footwear; headwear; all of the foregoing excluding apparel for collegiate institutes and not related to educational services and the promotion thereof and for On-line wholesale and retail store services featuring clothing; all of th

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Vidal Amicus Asks CAFC to Correct ED of TX Jury Instructions on Eligibility

IP Watchdog

Former U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal, now with Winston & Strawn, filed an amicus brief on Wednesday in an appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) of a district court decision upholding a jury verdict that Ollnova Technologies patent claims were not ineligible at step two of the Alice-Mayo patent eligibility framework.

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265 Trademark Registrations Issued to Indiana Entities in January 2025

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 265 trademark registrations to persons and businesses in Indiana in January 2025 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7642226 IHTC 7642235 INDIANA BLOODWORX 7642225 7643084 IT’S NOT NORMAL 7643134 THREE FLOYDS 7640956 WELLOS 7645514 INDIANA BLOODWORX 7651129 PROPOSAL WORKS, LLC. 7657419 BLUE ABA THERAPY 7657420 BLUE ABA 7657418 BLUE ABA 7654067 THE CA WAY 7645031 RED FOXES INDIANA UNIVER

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Client Alert: Court Decides that Use of Copyrighted Works in AI Training Is Not Fair Use: Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

JD Supra Law

On February 11, 2025, Judge Bibas of the Third Circuit, sitting by designation in the US District Court for the District of Delaware, issued a decision granting partial summary judgment to Thomson Reuters in the closely watched case of Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. Judge Bibas revisited his 2023 decision largely denying summary judgment in the case due to disputed facts, and the new decision is the first time a U.S. court has reached a conclusion concerning the

Fair Use 112
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4 Takeaways From 1st Opinion On AI Training And Fair Use

IP Law 360

A Delaware federal court's rejection of a company's fair use defense for using copyrighted material to train an artificial intelligence program is a key moment in the clash between copyright law and AI development, as both intellectual property owners and tech companies seek favorable judicial guidance.

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Surprise Move: Judge Walks Back AI Copyright Ruling in Thomson Reuters v. ROSS

JD Supra Law

Thomson Reuters v. ROSS, 1:20-cv-00613-SB, is the first district court case to address fair use and copyright infringement related to training AI models. Judge Bibas granted summary judgment of no fair use upon a balancing of the fair use factors.

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Searching For Love: 7 Search Types That Lenders Will Fall For

Cogency Global

This Valentine's Day, we're all just looking for that special someone to give us a sense of trust and security. and that includes lenders too! This blog covers 7 search types that lenders should have handy for a thorough due diligence game plan. The post Searching For Love: 7 Search Types That Lenders Will Fall For appeared first on Cogency Global.

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New ANDA Cases - Winter 2024

JD Supra Law

This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings before the Patent Trial and Appeal Board concerning Orange Book-listed patents.

Patent 70
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PQA Loses Bid To Fight VLSI's Extortion Claims In Fed. Court

IP Law 360

Patent Quality Assurance LLC must return to state court to face a suit claiming it had extortionary intent whenchallenging VLSI Technology's chip patent, a Virginia federal judge held Thursday.

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The Precedent: Federal Circuit Clarifies Timing Issues Associated with Pre-AIA Patent Applications in Lynk Labs, Inc. v. Samsung Elecs. Co.

JD Supra Law

In this edition of The Precedent, we outline the recent federal circuit decision in Lynk Labs, Inc. v. Samsung Elecs. Co. This case addresses the date on which a pre-AIA published patent application obtains its status as prior art.

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After Winning $18M, ASUSTek Foe Asks For New Patent Trial

IP Law 360

A patent litigation company that obtained a nearly $18 million award from a federal jury in Waco, Texas, against Taiwanese computer manufacturer ASUSTeK says it wants to try winning some more money at a new trial, though the company admitted it "recognizes the extraordinary nature of the relief it is requesting.

Patent 52
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Amendments to Trademarks Regulations Prompt Changes at Trademarks Opposition Board

JD Supra Law

On January 29, 2025, the Canadian Intellectual Property Office (CIPO) announced that the long-awaited amendments to the Trademarks Regulations (SOR/2018-227) and new practice notices implementing cost awards, confidentiality orders, and case management procedures to section 45 and opposition proceedings before the Trademark Opposition Board (TMOB) are anticipated to come into effect on April 1, 2025.

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ASUSTeK Hit With $10.5M Verdict In Chip Patent Case

IP Law 360

A jury in the Eastern District of Texas on Thursday found that Taipei-based laptop maker ASUSTeK infringed electronic component patents by a fellow Taiwanese rival and owed $10.5 million.

Patent 52
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… Ready for It? A Lesson on Intent-to-Use Trademark Filings Inspired by Taylor Swift

JD Supra Law

Taylor Swifts upcoming trademark deadline has sparked speculation that she is gearing up to release Reputation (Taylors Version). In February 2021, Swifts legal team filed an intent-to-use (ITU) trademark application for the mark REPUTATION TAYLORS VERSION with the United States Patent and Trademark Office (USPTO). Swifts application was allowed in August 2022, but she hasnt started using the mark yet.

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Artists, AI Image Cos. At Odds Over Scale Of Depositions

IP Law 360

Artists in a proposed artificial intelligence copyright infringement class action against four companies that make or distribute software creating images with text prompts are at odds with the defendants over how many of their witnesses they should be allowed to depose, according to a filing in California federal court.

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Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows

JD Supra Law

The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted works were not works for hire under copyright law, that the leader therefore had the right to license his copyrights, and that the subsequent owner of the copyrights (not a statutory heir) also had the right to terminate licenses.

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Mallinckrodt Fails To Halt Airgas' Generic Nitric Oxide Drug

IP Law 360

A Delaware federal judge has rejected Mallinckrodt Pharmaceuticals' attempt to block French industrial gas company Airgas Healthcare from selling a generic version of its inhaled nitric oxide treatment, saying Mallinckrodt didn't show enough evidence that Airgas infringed its patents or that it would suffer irreparable harm.

Patent 52