Plagiarism Today
OCTOBER 18, 2023
The Twilight Zone is a Halloween favorite, but what is its copyright history? Let's look at two episodes in a different copyright dimension. The post Copyright and the Twilight Zone appeared first on Plagiarism Today.
Kluwer Copyright Blog
OCTOBER 18, 2023
Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central role played by human creators.
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Plagiarism Today
OCTOBER 18, 2023
Record labels appeal decision in case against Vimeo, French court orders massive piracy damages and bars sued over unlicensed music. The post 3 Count: Lip Dub appeared first on Plagiarism Today.
TorrentFreak
OCTOBER 18, 2023
With millions of monthly visits, FileList is one of the largest private torrent trackers. The site has been around for sixteen years and weathered many storms, including a crackdown by Romanian law enforcement which seized its domain name in 2020. Last weekend, the journey appeared close to an end when the site’s main operator, EboLLa, decided that he would rather spend time on other parts of his life.
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 & Marketing Law Blog
OCTOBER 18, 2023
The New York City Department of Sanitation runs an internal message board for employees. An as-yet-unidentified employee posted a message to the board regarding a civil-service test cheating scandal. The pseudonymous message claimed that the plaintiff leaked the answers to the test. The plaintiff claims the message defamed him and sued, among others, the Sanitation Department.
TorrentFreak
OCTOBER 18, 2023
Accurately predicting how, when and where the next wave of pirate sites will emerge to become the next big threat is much easier said than done. At any point, one of several moving parts could rule a country out for a few years, or propel it straight into pole position. From rapid development of internet infrastructure to a new generation blessed with the right skills, joining the workplace at just the right time, anything is possible in the shifting sands of piracy.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP and Legal Filings
OCTOBER 18, 2023
Introduction Incorporating a novel focus on the digital market environment, the Competition Amendment Act, 2023 stands out as one of the most momentous changes made to the Competition Act of 2002 in the last two decades. The act makeseffort to modernize the competition framework centre around the evolving nature of contemporary corporate practices. Since 2018, some alterations were put into place which was overseen by the Ministry of Corporate Affairs’ Competition Law Review Committee.
IP Law 360
OCTOBER 18, 2023
Former Arkansas governor Mike Huckabee is seeking to represent a proposed class of authors in a copyright infringement suit filed against Meta, Microsoft, Bloomberg and artificial intelligence research institute EleutherAI, claiming that the group of companies trained their AI tools on data sets that pirated around 183,000 e-books.
JD Supra Law
OCTOBER 18, 2023
Judge Williams in the District of Delaware recently granted a motion to dismiss the complaint because the patents-in-suit claim ineligible subject matter under 35 U.S.C. § 101. The patents are directed to using and training machine learning models for generating network maps (or television schedules) and optimizing event schedules.
Biswajit Sarkar Copyright Blog
OCTOBER 18, 2023
Navratri and Durga Puja are two significant Hindu festivals celebrated with great enthusiasm and fervour in India and among Hindu communities worldwide. While both festivals have distinct cultural and regional variations, they share common themes of the triumph of good over evil and the worship of the feminine divine. Navratri, meaning “nine nights”, is dedicated to the worship of Goddess Durga in her various forms.
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.
JD Supra Law
OCTOBER 18, 2023
If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value Health Solutions, Inc. v. Pharmaceutical Research Associates, Inc., 891 S.E.2d 100 (2023), the question before the North Carolina Supreme Court packed quite a punch where the defendant clinical research organization (CRO) entered an approximately $491 million, multi-year contract with a client that bundled a license of that.
The TTABlog
OCTOBER 18, 2023
The Board denied a petition to cancel a registration for the mark TORPEDO JUICE for "Alcoholic beverages, except beer; Gin; Liquor; Rum" because Petitioner Oregon Grain failed to prove prior trademark rights in support of its Section 2(d) claim, and failed to provide any evidence to support its nonuse claim. Oregon Grain Growers Brand Distillery Inc. v.
IP Law 360
OCTOBER 18, 2023
Several music publishing companies led by Universal Publishing Group on Wednesday sued Anthropic PBC, alleging that the artificial intelligence company is committing "systematic and widespread infringement of their copyrighted song lyrics" with its so-called "Claude" series of large language AI models.
JD Supra Law
OCTOBER 18, 2023
In FBA Operating Co. v. ETN Capital, LLC d/b/a Beech Lane, the U.S. District Court for the Eastern District of North Carolina denied a patent holder’s rare motion for a temporary restraining order (“TRO”) seeking to halt the manufacture and sale of an allegedly infringing product at the outset of a lawsuit. Case No. 5:23-CV-505-D, 2023 WL 6612439 (E.D.N.C.
Patently-O
OCTOBER 18, 2023
by Dennis Crouch In the trademark case of Great Concepts, LLC v. Chutter, Inc. , No. 2022-1212 (Fed. Cir. Oct. 18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. Writing for the majority, Judge Stark held the TTAB lacked this authority under the Lanham Act.
JD Supra Law
OCTOBER 18, 2023
Precedential and Key Federal Circuit Opinions - 1. FINJAN LLC V. SONICWALL, INC [OPINION] (22-1048, 10/13/2023) (Reyna, Bryson, and Cunningham) - Cunningham, J. The Court vacated the district court’s judgment of invalidity and remanded for further proceedings and affirmed “the district court’s grant of summary judgment of noninfringement and the district court’s decision to exclude Finjan’s expert analysis.”.
Managing IP
OCTOBER 18, 2023
The new executive director explains why he’s 'totally in favour' of using AI and how he plans to get the office’s budget back on track
JD Supra Law
OCTOBER 18, 2023
The Board of Trustees of the University of Illinois v. Vintage Brand LLC and Sportswear Inc. d/b/a Prep Sport - When an organization publicly disavows a trademark, does it turn over the mark to the public domain? Regarding the “Chief Illiniwek” Logo (“Chief Logo”), the Northern District of Illinois punted by denying Vintage Brand LLC and Sportswear Inc.’s (collectively, “Defendants”) motion for summary judgement that the mark was abandoned.
Trading Secrets
OCTOBER 18, 2023
California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.
JD Supra Law
OCTOBER 18, 2023
This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense. Background - UCANN filed suit in the District of Colorado in July 2018, accusing Pure Hemp of infringing the ’911 patent, entitled “Cannabis Extracts and Methods of Preparing and Using the Same.” The parties stipulated to the dismissal of this case in 2021.
IP Watchdog
OCTOBER 18, 2023
The U.S. International Trade Commission (ITC) released a sprawling report on Tuesday analyzing market dynamics surrounding the question of whether to extend the waiver of IP rights for COVID-19 technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to diagnostics and therapeutics. The report stopped short of making any recommendations, but ultimately did not find any definitive evidence that IP rights present a barrier to access in the context of COVID
JD Supra Law
OCTOBER 18, 2023
A trade secret dispute between the co-founders of Rival Games, an international online gaming platform, highlights the critical role that trade secrets and trademarks play in the success of these platforms. As alluded in the complaint, the survival of gaming platforms like Rival Games can turn on not just the value of their trade secret technology, but also their brand recognition and consumer loyalty in an increasingly competitive—and crowded—industry.
IP Watchdog
OCTOBER 18, 2023
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JD Supra Law
OCTOBER 18, 2023
Finjan LLC v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. (N.D. Cal.) Oct. 13, 2023). Opinion by Cunningham, joined by Reyna. Opinion concurring in part and dissenting in part by Bryson. Finjan sued SonicWall for infringement of a series of patents relating to ways to protect network-connectable devices from undesirable download operations, or to adaptive content scanners that aid network security.
LexBlog IP
OCTOBER 18, 2023
California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.
JD Supra Law
OCTOBER 18, 2023
Parties in inter partes review proceedings often dispute whether a reply to a patent owner response is truly responsive or instead an attempt to introduce new arguments that are not reasonably tied to those set out in the original petition. In a precedential decision, the Federal Circuit provided guidance regarding the acceptable breadth of a reply in an inter partes review proceeding.
IP Law 360
OCTOBER 18, 2023
Brian Rosenthal at Gibson Dunn & Crutcher LLP was part of a legal team that convinced West Texas' U.S. District Judge Alan Albright to throw out a lawsuit, midtrial, from one of the patent bar's most prolific plaintiffs, earning him a spot among Law360's 2023 intellectual property MVPs.
JD Supra Law
OCTOBER 18, 2023
The US Court of Appeals for the Federal Circuit’s recent decision in In re Cellect confirmed that, when considering whether a reference patent invalidates for obviousness-type double patenting (ODP) a patent having a term that extends beyond the 20-year statutory term – for example, from patent term extension (PTE) or patent term adjustment (PTA) – the determination of which patent expires later must take into account whether the term extension arises from PTE or PTA.
DuetsBlog
OCTOBER 18, 2023
Since November 30, 2021 , we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S. Trademark Office standard under Bose , to the much easier to prove reckless disregard for the truth standard of Chutter.
Likelihood of Confusion
OCTOBER 18, 2023
Originally published January 8, 2008. WSJ.com’s Law Blog reports about the seven-figure effect in the Central District of California for a one-minute-late filing: A judgment in favor of [Morrison & The post Best of 2008: “Other People’s Money” appeared first on LIKELIHOOD OF CONFUSION™.
LexBlog IP
OCTOBER 18, 2023
The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. FIG. 7 of U.S. Patent No. D1,000,000 As a brief primer, design patents protect the ornamental aspects of an invention, compared with utility patents, which protect the functional aspects of an invention.
Velocity of Content
OCTOBER 18, 2023
In a press release today, CCC announced publishing industry leader Duncan Campbell as Executive Director in a pivotal moment for the information industry. CCC CEO Tracey Armstrong commented, “We look forward to Duncan’s contributions as CCC advocates for market-based licensing solutions around the world, including at the intersection of copyright and artificial intelligence.” Read more about Duncan joining CCC here.
LexBlog IP
OCTOBER 18, 2023
Wednesday, November 15, 2023 11:00 a.m. to 12:00 p.m. Eastern 10:00 a.m. to 11:00 a.m. Central 9:00 a.m. to 10:00 a.m. Mountain 8:00 a.m. to 9:00 a.m. Pacific About the Program On Wednesday, November 15, from 11 am to 12 pm Eastern, Seyfarth and Lexology will host a Masterclass webinar titled, “AI Gone Awry: Lessons from an AI Fiasco,” and presented by Seyfarth attorneys Owen Wolfe , Eddy Salcedo , and Jamie Anderson.
Trading Secrets
OCTOBER 18, 2023
Wednesday, November 15, 2023 11:00 a.m. to 12:00 p.m. Eastern 10:00 a.m. to 11:00 a.m. Central 9:00 a.m. to 10:00 a.m. Mountain 8:00 a.m. to 9:00 a.m. Pacific About the Program On Wednesday, November 15, from 11 am to 12 pm Eastern, Seyfarth and Lexology will host a Masterclass webinar titled, “AI Gone Awry: Lessons from an AI Fiasco,” and presented by Seyfarth attorneys Owen Wolfe , Eddy Salcedo , and Jamie Anderson.
Intepat
OCTOBER 18, 2023
Introduction WIPO’s overarching mission is to promote the creation, dissemination, utilization, and safeguarding of intellectual works, fostering global cultural, economic, and societal progress through collaborative international efforts. To this effect, the WIPO IP Diagnostics Tool stands as a pivotal achievement at the intersection of technology and intellectual property (IP).
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