JD Supra Law

OCTOBER 4, 2024

On September 28, 2024, California Governor Gavin Newson signed into law AB-2013, requiring developers of generative artificial intelligence (AI) models, under certain conditions, to make specific disclosures regarding those models by January 1, 2026. At a high level, the disclosure requirements are directed towards greater transparency regarding what data goes into generative AI systems, especially for developers making AI systems expected to be generally available to the public.

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Technology Law 125

IP Watchdog

OCTOBER 4, 2024

This week in Other Barks & Bites: Author files class action lawsuit against Meta for copyright infringement; Industry leaders urge Advisory Committee on Civil Rules to clarify third-party litigation; YouTube pulls popular music videos from platform amidst copyright dispute.

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Copyright Infringement Litigation Copyright Music 105

IP Law 360

OCTOBER 4, 2024

The rapidly expanding space tourism industry is raising a vast universe of potential intellectual property issues. Experts say most of the laws governing extraterrestrial IP are as unexplored as space itself.

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IP Intellectual Property Government Law 104

SpicyIP

OCTOBER 4, 2024

Just a day after our update on the Lenacapavir patent oppositions ( here ), Gilead has signed “Royalty-Free Voluntary Licensing Agreements” (VLAs) ( pdf ) with generic manufacturers aimed at boosting HIV prevention in “high-incidence, resource-limited countries.” The focus is squarely on low- and middle-income countries (LMICs), as highlighted in Gilead’s official reports ( here ) and various media outlets ( here ).

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Licensing Patent Reporting Designs 104

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?

Technology

TorrentFreak

OCTOBER 4, 2024

The Motion Picture Association ( MPA ) has been a key player in the anti-piracy fight for decades and this position has only strengthened in recent years. As the driving force behind the Alliance for Creativity and Entertainment, the MPA finds itself at the center of an international enforcement apparatus. A few weeks ago, ACE helped to shut down Fmovies , the largest pirate streaming conglomerate.

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IP Law 360

OCTOBER 4, 2024

Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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IPilogue

OCTOBER 4, 2024

By ‘Damola Adediji Teshager Dagne, Ontario Research Chair and IP Osgoode Affiliated Researcher Artificial intelligence systems often “give the vibe” of complete automated processing without human involvement. However, as Dr. Tesh Dagne reminds us, upon a closer “vibe check” there are layers of unseen and under-appreciated human inputs, efforts, and labour involved.

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Copying Ownership Graphic Design Copyright 75

JD Supra Law

OCTOBER 4, 2024

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his photos from a photo stock website by LAION to create a dataset to be used for AI training infringed his copyright on the photos.

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Cease and Desist Copyright 71

The TTABlog

OCTOBER 4, 2024

The TTAB affirmance rate for Section 2(d) appeals continues to run at about 90% so far this year. Here are three recent Board decisions. At least one of them resulted in a reversal. How do you think they came out? In re Kalsec, Incorporated , Serial No. 97346119 (September 26, 2024) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of the mark DURASHIELD for "chemical additives for use in the manufacture of food, beverages, animal feed and pharmaceuticals" in view of

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Copyright 67

JD Supra Law

OCTOBER 4, 2024

Over the past two decades, innovation has shifted from the physical to the digital world. Data has become the lifeblood not only of e-commerce, but also of the full range of economic and social activity, including in the areas of health, finance, manufacturing, energy, communication and security.

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Business 68

Advertiser: IPO

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.

Patent

Likelihood of Confusion

OCTOBER 4, 2024

Originally posted 2012-12-21 06:00:01. Republished by Blog Post PromoterOriginally posted March 30, 2012. The Second Circuit, just yesterday (March 29, 2012) has issued an opinion called Louis Vuitton v. Ly USA, Inc. (08-4483-cv(L)) sure to bring joy to the hearts of trademark counterfeiting enforcers everywhere. This was one of those major counterfeiting-ring busts, and there have […] The post Best of 2012: Fees, won’t you stay appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Trademark Trademark Law Law 71

JD Supra Law

OCTOBER 4, 2024

The US Court of Appeals for the First Circuit affirmed a district court’s summary judgment decision finding that the prior owner of a trademark for fresh chicken had abandoned the mark by failing to use it for three years and failing to show an intent to resume use of the mark. To-Ricos, Ltd. v. Productos Avícolas Del Sur, Inc., Case No. 22-1853 (1st Cir.

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Trademark 66

IP Law 360

OCTOBER 4, 2024

In many ways, Adam G. Unikowsky of Jenner & Block LLP has traveled a tried-and-true path — Harvard, elite clerkships, BigLaw — to the upper echelons of U.S. Supreme Court advocacy. But his route to the forefront of the bar's next generation has been less conventional than it might appear, and he spoke with Law360 about how he's climbed so high — and how he excels by avoiding rhetoric that "judges really, really hate.

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JD Supra Law

OCTOBER 4, 2024

On October 3, in Crocs, Inc. v. Effervescent, Inc., the Federal Circuit held that a party who falsely alleges that its product is patented and innovative can be liable under the Lanham Act. Specifically, where “a party falsely claims that it possesses a patent on a product feature” and where that party “advertises that product feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of its product,” a competitor can bring suit under the Lanham Act.

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Patent Advertising Advertising IP 66

IP Law 360

OCTOBER 4, 2024

The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.

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Litigation Designs Design Settlement 52

JD Supra Law

OCTOBER 4, 2024

Under 35 U.S.C. § 101, patent claims may be challenged if they are found to be directed to patent ineligible subject matter, such as laws of nature, natural phenomena, products of nature or abstract ideas. On September 9, 2024, in Contour IP Holding LLC v. GoPro, Inc., the United States Court of Appeals for the Federal Circuit provided additional clarity with respect to the application of § 101.

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IP Patent Law 63

IP Law 360

OCTOBER 4, 2024

Genasys Inc. has asked a California federal court to issue terminating sanctions against two former employees for allegedly destroying evidence in a case where the long-range acoustic device company is accusing them of stealing trade secrets to form a competing business.

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IP Business 52

JD Supra Law

OCTOBER 4, 2024

The Federal Circuit recently upheld the USPTO’s authority under the estoppel provision 37 C.F.R. § 42.73(d)(3)(i) to prohibit a patent owner from obtaining patent claims that are not patentably distinct from claims previously declared unpatentable in inter partes review (IPR) proceedings. However, the court clarified that the regulation applies only to new claims or amended claims, not previously issued claims.

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Patent 61

IP Law 360

OCTOBER 4, 2024

A music streaming service has sued Apple Inc. in California federal court for allegedly removing it from the app store based on an unsubstantiated complaint of intellectual property infringement sent in by YouTube.

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Music Intellectual Property IP 52

JD Supra Law

OCTOBER 4, 2024

The U.S. Patent and Trademark Office (USPTO) has announced the discontinuation of the After Final Consideration Pilot 2.0 (AFCP 2.0) program, effective December 15, 2024. This change necessitates a strategic shift for patent applicants, particularly in how they handle nonfinal office action responses and after-final practice.

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Patent Application Patent Trademark 61

IP Law 360

OCTOBER 4, 2024

The Kraft Heinz Co. has been slapped with a complaint in Georgia federal court accusing it of downloading hoards of information from an Atlanta-based company's database of international distributors and passing it off as its own to generate as much as $25 million in revenue, in breach of the company's licensing agreement.

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Licensing 52

JD Supra Law

OCTOBER 4, 2024

Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions involving AI. Many of these innovators do not have an AI background, however, and have never filed AI-based patent applications before.

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Invention Patent Application Inventor Patent 61

IP Law 360

OCTOBER 4, 2024

Regeneron Pharmaceuticals Inc. cannot boot a willful infringement claim from Allele Biotech's patent suit over the development of COVID-19 vaccines and treatments, a New York federal judge ruled Friday, saying it was up to Regeneron to establish that Allele failed to show the defendant had presuit knowledge of the patent.

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Patent 52

JD Supra Law

OCTOBER 4, 2024

The en banc US Court of Appeals for the Federal Circuit issued a per curiam order vacating its previous panel decision upholding a district court’s denial of the defendant’s motion for a new trial on damages. In that decision, the Federal Circuit found that the plaintiff’s damages expert adequately demonstrated the economic comparability of prior license agreements to a hypothetical negotiation between the parties.

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Licensing 61

IP Law 360

OCTOBER 4, 2024

Former Ohio State University star quarterback Terrelle Pryor, whose college career abruptly ended after the NCAA suspended him for profiting off his own memorabilia, filed a proposed antitrust class action in Ohio federal court Friday accusing the NCAA and others of profiting from his name, image and likeness while denying him and other athletes compensation.

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Olartemoure Blog

OCTOBER 4, 2024

On September 20th, 2024, the Superintendency of Industry and Commerce (SIC) issued recommendations on information security to the Superior Council of the Judiciary. Among the recommendations, it established the co-responsibility of magistrates in the processing of personal data , requiring them to implement useful, opportune, efficient, and demonstrable measures to ensure compliance with their constitutional and legal obligations under Colombia’s data protection regulations.

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IP Law 360

OCTOBER 4, 2024

Simply Naturals has accused a former director of trying to steal its "sizzling minerals" trademark, claiming in a London court that he was threatening to bring infringement proceedings despite transferring the name rights years ago.

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Trademark 52

Olartemoure Blog

OCTOBER 4, 2024

To modernize its systems and their customer service, the United States Patent and Trademark Office (USTPO) inaugurated the Trademark Trial and Appeal Board (TTAB) Center Beta for filing notices of opposition , through which a party may challenge the registration of a trademark. Although the final notice of opposition form is planned to have its official launch in spring 2025, customers will be able to use the form’s open beta period during the next six months to file notices of opposition using

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Intellectual Property Trademark Registration Business 52

IP Law 360

OCTOBER 4, 2024

The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.

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Fair Use Copyright 52

Olartemoure Blog

OCTOBER 4, 2024

Law 2345 of 2023 came into force on December 30, 2023, and prohibited the creation of government trademarks with the aim of eliminating the excessive expenses incurred in their execution. Government trademarks have been used to represent specific administrations, promoting the image of a person, party, or government plan, instead of referring to the State Entity as such.

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Law Intellectual Property Government Contracts 52

IP Law 360

OCTOBER 4, 2024

The owners of a New Jersey diner being sued for using the former operator and civil rights activist's name in their branding has asked a New Jersey federal judge to toss a bid seeking to stop it from using the eponymous "Mr. G's" name, arguing the request is moot because they have closed the restaurant and have no plans to reopen.

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Indiana Intellectual Property Law

OCTOBER 4, 2024

Plaintiff Forest River, Inc. has filed a lawsuit against Defendant Sharpline Converting, Inc. over claims of willful trademark infringement. Forest River, a leading manufacturer in the recreational vehicle (RV) industry, argues that Sharpline’s partnership with inTech Trailers, Inc., a direct competitor, has significantly harmed its brand identity and reputation.

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Trademark Brands Branding Branding 52

IP Law 360

OCTOBER 4, 2024

KUS Technology Corp. must pay rival sensor company SSI Technologies LLC more than $16 million for willfully infringing a patent for a fuel tank sensor, a Wisconsin federal jury verdict ruled Thursday.

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IP Technology Patent 52

The TTABlog

OCTOBER 4, 2024

The TTABlogger is delighted to announce that Dorsey IP litigation partner and consumer survey expert, Michael Keyes, will provide my dear readers (and anyone else) with an entertaining webinar on " Avoiding Consumer Survey Pitfalls at the TTAB " on Wednesday, October 16, 2024, at 12:00PM - 1:00PM ET, 11:00 AM CT, etc. To register, please click here.

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Litigation Trademark IP Copyright 62

IP Law 360

OCTOBER 4, 2024

While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

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