Fri.Jan 31, 2025

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Pirate Libraries Are Forbidden Fruit for AI Companies. But at What Cost?

TorrentFreak

Earlier this week, various rightsholder groups submitted their recommendations for the 2025 Special 301 Report. This annual overview, compiled by the U.S. Trade Representative, highlights countries that fail to live up to U.S. copyright protection standards. Various groups stressed the importance of copyright protection when it comes to new AI technologies.

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Law360 Seeks Members For Its 2025 Editorial Boards

IP Law 360

Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

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Court Rejects Musi’s Bid to Force Apple to Reinstate its Music App

TorrentFreak

Last September, Apple removed popular music streaming app Musi from its App Store, affecting millions of users. Apple’s action didn’t come as a complete surprise. Music industry groups had been trying to take Musi down for months, branding it a ‘parasitic’ app that skirts the rules. IFPI took the lead, calling on other music industry players and YouTube to complain to Apple as well.

Music 89
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Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

IP Law 360

A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shakeup of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

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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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USPTO Announces New Artificial Intelligence Strategy

JD Supra Law

Synopsis:On January 14, 2025, the USPTO unveiled a new Artificial Intelligence (AI) Strategy, which outlines responsible implementation of AI within the agency and more generally across the intellectual property (IP) landscape.

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Construction Co. Denies Infringing UK Biz's 'Briticom' TM

IP Law 360

A construction business has denied infringing a U.K. company's "Briticom" trademark on counterfeit supplies for a building project in Benin, telling a court that it did not procure any goods unlawfully bearing the brand.

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Perplexity AI Hit With TM Case From Software Co.

IP Law 360

Perplexity AI Inc. is facing a trademark infringement suit in California federal court from a software company that argues that the artificial intelligence-powered search engine "believes it is entitled to trample on the rights of a proverbial 'little guy' without consequence.

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[Audio] (Podcast) The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban

JD Supra Law

As TikToks future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve in this ever-changing landscape.

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How to Combat Infringement Surges During the Holiday Season

Corsearch

For many brands, the holiday season brings a surge of infringements on across marketplaces and social media. To keep up with this increased seasonal activity, its critical that brand protection strategies are both flexible and targeted to priority platforms. The holiday period is the most important quarter of the year for many brands, with consumers splurging on products ranging from fashion and luxury goods to electronics, toys, and homeware.

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Novartis Pharms. Corp. v. MSN Pharms., Inc.

JD Supra Law

Entresto (valsartan/sacubitril) - Case Name: Novartis Pharms. Corp. v. MSN Pharms., Inc., Nos. 2024-2211, 2024-2212, 2024 WL 4969281 (Fed. Cir. Dec. 4, 2024) (Circuit Judges Lourie, Prost, and Reyna presiding; Opinion by Lourie, J.) (Appeal from D. Del., Andrews, J.).

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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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No delay following an intervention to an accelerated EPO appeal during parallel UPC proceedings (T 1841/23)

The IPKat

The Board of Appeal decision in T 1841/23 considered the correct approach to third party interventions running in parallel with UPC infringement proceedings. The decision particularly provides guidance on how interventions should be handled when they arrive shortly before oral proceedings, particularly in accelerated cases. Legal background: Postponement of proceedings in view of an intervention Third party intervention in opposition proceedings is governed by Article 105(1) EP C , which states

Patent 59
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[Video] The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban

JD Supra Law

As TikToks future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve in this ever-changing landscape.

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Call for Submissions: 1st Blog Writing Competition, 2025 Organized by CIPRA in Collaboration with SpicyIP (Submit by February 19, 2025)

SpicyIP

Kickstarting February with some exciting news for our readers! The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog!

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AI Trends for 2025 - Copyright Law's Impact on AI Model Training and Outputs

JD Supra Law

Copyright fights over material used to train AI models will continue through 2025, and we wont see a final resolution to those legal questions during the year.

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Justices Implored To Consider Tipster Medical Device Row

IP Law 360

A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.

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COGNAC, Hip Hop and Fame: A Trademark Showdown with a Twist

JD Supra Law

You might be wondering what cognac, hip-hop and fame have in common. The answer, at least in a recent opinion by the U.S. Court of Appeals for the Federal Circuit, is certification trademarks. We have written in the past about certification marks and how they differ from trademarks.

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Netlist Can't Get Injunction After $118M Win Against Samsung

IP Law 360

Marshall, Texas' U.S. District Judge Rodney Gilstrapon Friday declined to issuean injunction blocking Samsung Electronics Co. Ltd. from selling productsthat use chips tied to a patent infringement case where Netlist Inc. won a $118 million jury verdict.

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The Precedent: Federal Circuit Clarifies Functionality Doctrine in CeramTec v. CoorsTek

JD Supra Law

In this edition of The Precedent, we outline the recent federal circuit decision in CeramTec v. CoorsTek.

Editing 68
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NCAA Settles States' Suit Challenging NIL Restrictions

IP Law 360

The NCAA has reached a settlement with a coalition of states, led by Tennessee and Virginia, that's been challenging its ban on name, image and likeness compensation for student athletes being recruited by institutions, according to a notice filed Friday in Tennessee federal court, exactly one year after the suit was filed.

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Two takeaways from the U.S. Copyright Office's Jan. 2025 report on AI-created works

JD Supra Law

The U.S. Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI. (The highly anticipated Part 3, which is forthcoming, will address copyright infringement and fair use issues involving generative AI.).

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WIPIP: IP for the Larger World

43(B)log

Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to export? Many US academics many not think its the greatest ideaif we had a blank slate to redesign, what would we do? Issues: not fit for purpose in developing English-speaking Commonwealth countriesCaribbean, Southeast Asian.

IP 52
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Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

JD Supra Law

If youre wirkin to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers attempts at selling what has been dubbed the Wirkin by consumers on Walmarts website.

IP 68
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WIPIP: Copyright: Infringement & Enforcement

43(B)log

McFarlin, Restoring Joint Authorship We apply a separate accrual approach to infringement: Petrella. But a one-time plain & express repudiation of joint authorship to a claim for accounting, Zuill, 9 th Circuit. Should we continue to do so? Chuck Berry & Johnnie Johnson disputed authorship but Berrys name was the only one on the recordcounts as an express repudiation, so he loses his chance to claim authorship.

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CLE Takeaways: Preparing to Sell Your Defense Tech Company

JD Supra Law

For defense technology companies contemplating a sale, understanding how to maximize value while navigating complex regulatory and compliance requirements is crucial for a successful transaction.

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No, really do trust us. Eventually.

Likelihood of Confusion

Originally posted 2012-02-15 16:03:36. Republished by Blog Post PromoterThe Times, says Instapundit, admits maybe it shouldn’t have printed that story about the SWIFT financial tracking program after all. The one it divulged in July. So “professional journalism” means sometimes having to say you’re sorry. But no more than that.

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Personal Jurisdiction Over Foreign Companies that File an ANDA or aBLA in the U.S.

JD Supra Law

On January 29, 2025, the Federal Circuit issued paired decisions addressing Samsung Bioepiss (SB) and Formycon AGs (Formycon) appeals of preliminary injunctions entered in ongoing aflibercept biosimilar litigations with Regeneron Pharmaceuticals, Inc. (Regeneron). The Federal Circuit affirmed the district courts exercise of personal jurisdiction over both defendants as well as the entries of preliminary injunctions against both companies aflibercept biosimilar products.

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Up, Up And Away Again: New 'Superman' IP Suit Takes Flight

IP Law 360

The heirs of "Superman" co-creator Joseph Shuster on Friday launched another intellectual property fight, this time alleging that DC Comics has continued to exploit the foreign copyrights to the original character and story even though, in a handful of countries, those rights automatically reverted to his estate years ago.

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2024 PTAB Year in Review

JD Supra Law

Wilson Sonsini Goodrich & Rosati is pleased to present our 2024 PTAB Year in Review. We begin with a review of 2024 petition filings and outcomes at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. We then provide a summary of notable developments at the PTAB, including proposed rule changes and director review decisions.

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9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard

IP Law 360

Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.

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China: New guidelines harmonizing the calculation of illegal business turnover in administrative trademark infringement cases

JD Supra Law

The Guidelines clear and standardized method for calculating illegal business turnover, and the specific rules provided for a number of complex situations will make it easier and more transparent in practice for both brand owners and administrative authorities to enforce trademarks, to fix the amount of administrative fines for trademark infringement and to deter potential trademark infringers.

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Via Picks Up $1.4M Verdict In 'Virtual Bus Stop' Patent Fight

IP Law 360

A federal jury in Waco said a Canadian ride-hailing software startup owed nearly $1.4 million to rival developer Via Transportation in a fight in which each side accused the other of patent infringement.

Patent 52
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Copyright Office Report Further Clarifies Human Authorship Requirement for Copyrightability of AI-Generated Works

JD Supra Law

In a long-anticipated report from the U.S. Copyright Office providing guidance on the copyrightability of works created by and/or with the assistance of Artificial Intelligence, the Office reaffirmed its previous guidance that "[w]here AI merely assists an author in the creative process, its use does not change the copyrightability of the output. At the other extreme, if content is entirely generated by AI, it cannot be protected by copyright.

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Musi Loses Early Bid To Get Back On App Store

IP Law 360

A California federal judge has rejected a music streaming service's initial bid to be restored to Apple's App Store after it had been removed for alleged intellectual property infringement, saying that the tech giant has "broad discretion" to delete apps from its marketplace.

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Prove It or Lose It: Trademark Registrar Initiates Proof-of-Use Proceedings

JD Supra Law

The Registrar of Trademarks (Registrar) can now request that owners of trademarks registered with the Canadian Intellectual Property Office (CIPO) submit proof of use of certain trademarks or face expungement of those marks under section 45 of the Trademarks Act (Act).

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Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe

IP Law 360

In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.