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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.
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.
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.
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?
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.
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.
On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. v. Samsung Electronics Co., No. 23-2346 (Fed. Cir. Jan. 14, 2025), addressing whether a published patent application can serve as prior art in inter partes review (IPR) proceedings as of its filing date. The case arose from an IPR initiated by Samsung Electronics challenging claims of Lynk Labs U.S.
On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. v. Samsung Electronics Co., No. 23-2346 (Fed. Cir. Jan. 14, 2025), addressing whether a published patent application can serve as prior art in inter partes review (IPR) proceedings as of its filing date. The case arose from an IPR initiated by Samsung Electronics challenging claims of Lynk Labs U.S.
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.
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.
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.
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.
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
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.
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!
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.
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.
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.
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.
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.
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.).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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