Wed.Jul 31, 2024

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3 Count: Facebook Fraud

Plagiarism Today

Gloria Gaynor sues former producer over contract, pirate site seeks to quash DMCA subpoena and scammers target Facebook influencers. The post 3 Count: Facebook Fraud appeared first on Plagiarism Today.

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Senators Introduce NO FAKES Act to Create a Universal Right to Control Digital Replicas

IP Watchdog

Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC) today officially introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024” (NO FAKES Act). A discussion draft of the bill was first introduced in October 2023 with the stated goal of “protect[ing] the voice and visual likenesses of individuals from unfair use through generative artificial intelligence (GAI).

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Copyright, Plagiarism and Choreography

Plagiarism Today

Choreographer Courtney Ortiz accused a Spanish dance instructor of plagiarism. The case highlights how copyright is changing dance. The post Copyright, Plagiarism and Choreography appeared first on Plagiarism Today.

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Revving halt: EUIPO upholds refusal to register Porsche’s accelerating engine sound mark

The IPKat

By decision of 20 June 2024 (R 1900/2023, original German version here and English machine translation here ), the Board of Appeal (BoA) of EUIPO confirmed the initial refusal (see The IPKat here ) to register a sound mark consisting of an accelerating engine noise. The BOA confirmed the lack of distinctive character because the requested sound sequence represents a characteristic typical of electric vehicles, namely the acceleration or improvement of their performance until they reach the desir

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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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The Questionable Motivation Behind Twitter’s Rebrand Continues – Along with Two Federal Lawsuits

IP Watchdog

X Corp., formerly known as Twitter Inc., was hit with another trademark infringement lawsuit last week out of the Northern District of California. The plaintiff, DB Communications LLC d/b/a Multiply, sued X Corp., claiming trademark infringement under the Lanham Act, among other claims, based on its use of the ‘X’ trademark.

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No FAKES Act Introduced:  A Big Deal for Performing Artists and Everyone Else

The Illusion of More

Ever since the generative artificial intelligence (GAI) controversy began heating up, I’ve had several conversations with friends and colleagues who are voice actors and have had to disappoint them by repeating the fact that copyright law does not protect a person’s “likeness,” which includes one’s voice. And I’ve had similar conversations with colleagues focused on […] The post No FAKES Act Introduced: A Big Deal for Performing Artists and Everyone Else appeared first on The Illusion of

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True or False? Addressing Common Assumptions About Copyright and AI

Velocity of Content

Copyrighted materials are the fuel for artificial intelligence (AI) systems, but misunderstandings persist about how copyright applies to the use of content as training material for AI models. These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others.

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How To Grow Marketing, Biz Dev Teams In A Tight Market

IP Law 360

Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

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IOC Sends Thousands of DMCA Notices to Deter ‘Olympics’ Piracy

TorrentFreak

The International Olympic Committee ( IOC ) is known to be very protective of its intellectual property rights. Using an image of the Olympic rings or even just the word ‘Olympic’ can lead to legal trouble, especially when use takes place in a commercial context. Most valuable, however, are IOC’s broadcasting rights. With literally billions of dollars at stake, the IOC and its licensing partners are doing everything in their power to prevent people from enjoying their events without permis

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Trade Secrets Cases To Watch In 2024: A Midyear Report

IP Law 360

A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.

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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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Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024

SpicyIP

Image by mamewmy on Freepik On July 2, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (Holding Inquiry and Appeal) Rules, 2024. In light thereof, we are pleased to bring to our readers detailed comments on the Proposed Rules authored by Rishabh, Praharsh and Swaraj. The submission is divided into two parts- General Comments and Substantive Comments on the Draft Rules.

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AI Prior Art Is Either Nothing New Or A Red Flag, USPTO Told

IP Law 360

Technology companies, drugmakers and various industry organizations have represented to the U.S. Patent and Trademark Office that they're torn on how artificial intelligence should be used when determining whether something is patentable over prior art.

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Pirate IPTV Ops See Damages Reduced By $7m, Admin Panel Evidence Fell Short

TorrentFreak

After receiving an anonymous tip in 2019, anti-piracy group Nordic Content Protection (NCP), and members including pay-TV company C More (previously Canal+), Warner Bros. Discovery and streaming service Viaplay, launched a pirate IPTV investigation. NCP received a similar tip in 2020, this time from police in the city of Gävle. They were passing on the details of another anonymous tip detailing the activities of a suspected pirate IPTV network.

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3 Keys to Successful Corporate Collaborations

JD Supra Law

Challenges arise any time two commercial entities seek to engage in a collaborative partnership. It is for that very reason that including an attorney team experienced in technology transactions, licensing, and intellectual property can prove critical. The right attorney team guides their clients around pitfalls and toward success. Such guidance is particularly critical with life sciences and technology innovators, but also for those in other industries, such as developers of products or.

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Digital Equity Act Programs Provide Resources and Support to Persons with Disabilities

U.S. Department of Commerce

July marks the 34 th anniversary of the Americans with Disabilities Act and serves as a reminder of the importance of inclusivity and accessibility in every aspect of our society, especially in the digital realm. Individuals with disabilities often experience barriers to digital equity, such as obtaining affordable assistive technologies, encountering inaccessible websites and digital content, and struggling to access reliable Internet service.

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USPTO Guidance: Artificial Intelligence Inventions That Solve A Technical Problem Eligible For Patenting

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO. The newly issued guidance from the USPTO provides a relatively clear path to patent eligibility for patent applications claiming inventions that use AI, so long as the claims reflect a solution to a technical problem identified in the application.

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WIPO releases Guide to Trade Secrets and Innovation

The IPKat

It might be argued that the most frequently discussed topics in the field of intellectual property are copyright, design law, patents and trade marks. However, other branches of IP are deserving of close attention, one such area being trade secrets. The World Intellectual Property Organization (WIPO) has just launched a comprehensive guide, accessible online , with the aim of increasing awareness of trade secrets and promoting their use.

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Trademark Fundamentals: What Is a Trademark?

JD Supra Law

For startups venturing into competitive business landscapes, protecting your brand is not just an option—it’s a necessity. One of the most effective ways to protect the investment you make in building your brand identity is through effective trademark management. This article will explain what trademarks are and what kinds of things can be trademarked, ensuring you have the knowledge to safeguard the unique assets of your business to maintain your competitive advantage.

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CAFC Says PTAB Did Not Err in Holding Private Sale Was Not a ‘Public Disclosure’ Under Prior Art Exception

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of Sanho Corporation’s patent based on its finding that a key prior art reference was not exempt under 35 U.S.C. § 102(b)(2)(B). The so-called prior art exception under 35 U.S.C. § 102(b)(2)(B) provides that “[a] disclosure shall not be prior art to a claimed invention under subsection [102](a)(2) if. the subject matter disclosed had

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Trademark Fundamentals: Who Owns a Trademark?

JD Supra Law

When launching a startup, it’s crucial to establish a strong brand identity, which often includes selecting a unique name, logo and other identifiers that distinguish your products or services in the marketplace. One key aspect of protecting your brand is understanding trademark ownership. This article will clarify who the owner of a trademark is and provide you with the knowledge to safeguard your brand effectively.

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[Guest post] Does ‘ICE LAND’ mislead consumers about the origin of the goods? (Unlike EUIPO) No, says Appeal Board in Uzbekistan

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Khalil Jurayev and Javohir Kurbonov (My lawyer Law Firm) on a recent case concerning a request, lodged by Iceland (the country), to invalidate ‘ICE LAND’ as a trade mark registered in Uzbekistan. Here's what they write: Does ‘ICE LAND’ mislead consumers about the origin of the goods?

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NCSC Warns U.S. Startups and Investors of Foreign Bad Actors with Money to Spend

JD Supra Law

Last week, the National Counterintelligence and Security Center (“NCSC”), the Office of Economic Security and Emerging Technologies (“OESET”) and other coordinating government agencies issued a warning to U.S. venture capital, private equity, and technology startup companies of efforts by foreign threat actors to gain access to intellectual property and proprietary data of U.S. companies (“Sensitive Data”) through foreign-origin private investments.

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Lewis Brisbois TM Foe Can't Ax Injunction, 5th Circ. Says

IP Law 360

The Fifth Circuit on Wednesday upheld an injunction against three Texans accused of ripping off the Lewis Brisbois Bisgaard & Smith LLP name, saying it's clear the only reason the defendants created the infringing entity "was to ride on the back" of the BigLaw firm's reputation.

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FDA Expands Practice of Permitting Population-Based Skinny Label “Carve-Ins”

JD Supra Law

FDA recently doubled down on its approach of allowing new language in an ANDA label as the result of a section viii statement – a so-called “carve-in.” Section viii statements assert that an ANDA does not seek approval for a method of use covered by patent or exclusivity. This of course generally requires omitting protected information from the label.

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Apple, Google Settle IP Suit Over Knockoffs Of PUBG Game

IP Law 360

A California federal judge has agreed to dismiss video game publisher Krafton's copyright suit accusing Google and Apple of distributing infringing versions of PlayerUnknown's Battlegrounds on their respective platforms, while Krafton and YouTube said they're close to resolving claims over an infringing film containing game footage.

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Trade Secret Thieves, Beware! The DTSA Can Reach You and Your Sales Around the Globe.

JD Supra Law

It is no secret that the misappropriation of trade secrets frequently occurs outside the United States. In a global economy, where companies have locations and markets all around the world, it is not uncommon for trade secrets created on American soil to be incorporated into products abroad and sold outside the United States.

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Fed. Circ. Sees No Disclosure In Private Sale Of Laptop Ports

IP Law 360

A "private" sale of some 15,000 laptop ports doesn't count as "a public disclosure," as far as patent law is concerned, the Federal Circuit ruled Wednesday, affirming a patent board panel's earlier ruling.

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Janssen Pharms., Inc. v. Teva Pharms. USA, Inc. - Invega Sustenna® (Paliperidone Palmitate)

JD Supra Law

Case Name: Janssen Pharms., Inc. v. Teva Pharms. USA, Inc., No. 2022-1258, 2022-1307, 2024 WL 1355733 (Fed. Cir. Apr. 1, 2024) (Circuit Judges Dyk, Prost, and Hughes presiding; Opinion by Prost, J.) (Appeal from D.N.J., Cecchi, J.).

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Novartis Says FDA Wrongly OK'd Generic Heart Drug

IP Law 360

Pharmaceutical company Novartis alleges the U.S. Food and Drug Administration unlawfully approved a generic version of the drugmaker's heart failure medication Entresto in a new lawsuit in D.C. federal court.

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Now Available for Publishers: Group Copyright Registration of Online News Content

JD Supra Law

For years, publishers have been without a cost-effective way to register the full content of news media websites. The U.S. Copyright Office recently addressed this need by creating a new "group" registration for online news publishers, which became available on July 22, 2024.

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Del. Judge Clears Lupin's Generic Kidney Disease Drug

IP Law 360

A ruling out of a Delaware federal court on Wednesday prevented a major Japanese pharmaceutical company from using patent law to block an Indian rival's efforts to market a generic version of a blockbuster kidney disease treatment.

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AI and Invention: USPTO Issues More Guidance

JD Supra Law

On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a previous alert.

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Fla. Jury Awards $8.3M In Spat Over Sale Of Pro Player Brand

IP Law 360

A Florida jury has awarded Perry Ellis $8.3 million after finding that United Legwear Co. purposely depressed the value of Perry Ellis' Pro Player brand under a licensing agreement to avoid paying fair market value when it purchased the brand later.

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Preclusion Confusion: Federal Circuit Decision in ZyXEL Communications v. UNM Rainforest Sparks Uncertainty at the PTAB

JD Supra Law

In ZyXEL, the petitioner unexpectedly received a second chance to argue against the patentability of the patentee’s substitute claims, even though the U.S. Patent Trial & Appeal Board (PTAB) had already found those claims patentable. A close look at 35 U.S.C. §315(e)(1) and the Court’s opinion indicates that the Court’s instructions on remand to the PTAB contradicts the statute’s clear prohibitions.

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Jury Instruction Error Kills $21M Verdict Over Noncompete

IP Law 360

Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions.

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