Wed.Nov 13, 2024

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Does AI Replace Human Creators?

Plagiarism Today

A new study published in the Harvard Business Review examines the impact of AI systems on human creators. The answers are not encouraging. The post Does AI Replace Human Creators? appeared first on Plagiarism Today.

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Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements

JD Supra Law

What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more popular, celebrity athletes and musicians have taken notice and jumped into the game. This is true for both forms of cannabis, including marijuana and hemp.

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3 Count: Per Song or Per Album

Plagiarism Today

Record labels appeal damages decision to Supreme Court. Roblox settles with toymaker, and sports leagues target Google. The post 3 Count: Per Song or Per Album appeared first on Plagiarism Today.

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[GuestPost] How the European Patent Office uses AI to facilitate patent searches

The IPKat

The AmeriKat has the t-shirt.now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. Over to Kate for the report: "The European Patent Office (EPO) has embraced artificial intelligence (AI) to enhance the efficiency of its patent document searching process.

Patent 113
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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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FMovies Piracy ‘Mastermind’ Confesses, Authorities Confirm Piracy Prosecution

TorrentFreak

After eight years of unprecedented uptime and reliability, the collapse and eventual demise of pirate streaming giant FMovies looked much like the demise of any other. Cracks first started to emerge in June 2024 when the site stopped updating with new content. A few weeks later in mid-July, FMovies disappeared entirely, without any explanation from its operators or indeed anyone else.

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Gene Simmons gives the fingers to the PTO

Likelihood of Confusion

Originally posted 2017-06-14 11:52:04. Republished by Blog Post Promoter Yes, it’s another pop star seeking to assert digital trademark rights. This time it’s senior citizen Gene Simmons of Kiss: If you were wondering, The mark consists of a hand gesture with the index and small fingers extended upward and the thumb extended perpendicular.” As you’d […] The post Gene Simmons gives the fingers to the PTO appeared first on LIKELIHOOD OF CONFUSION™.

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Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel

IP Law 360

Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices for graphic processing units used in powering artificial intelligence, with Nvidia saying the startup's "low patent quality" is just as likely to have caused purported injuries.

Patent 95
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Dutch Court Orders ISP to Block Torrent Site TorrentGalaxy

TorrentFreak

Pirate site blocking is one of the entertainment industry’s favorite enforcement tools. In recent years, it’s become a common practice in many countries around the world. In the Netherlands, it took over a decade for the first order to be approved. After detours through the Supreme Court and the EU Court of Justice, the final order was issued in 2020, targeting The Pirate Bay.

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Instagrammer Sues Dad Over Ouster From Vape Co., IP Usage

IP Law 360

Instagram celebrity Dan Bilzerian claims his vape and lifestyle brand was hijacked by his dad and others, according to a Nevada federal lawsuit which accuses them of stealing his likeness and running his name through the mud.

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Commerce Celebrates the Life of Norman Mineta and His Lifelong Commitment to Equity and Justice

U.S. Department of Commerce

Yesterday, U.S. Deputy Secretary of Commerce Don Graves honored the life and legacy of Norman Y. Mineta and officially named the Commerce Department’s auditorium in his honor. Secretary Mineta was the first Asian American to hold a cabinet position, serving at the Commerce Department and Department of Transportation. Held on his birthday, the event celebrated Secretary Mineta’s lifetime achievements and contributions to civil rights, diversity, and public service.

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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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Kneschke vs. LAION – Landmark Ruling on TDM exceptions for AI training data – Part 1

Kluwer Copyright Blog

Image by M. H. from Pixabay On September 27, 2024, the German Hamburg Regional Court (“ Court ”) issued the first ruling on reproductions of copyrighted content from the Internet made during the creation of an AI training data set – and on whether the copyright exceptions for text and data mining (“ TDM ”) provide statutory permission for such use ( Landgericht Hamburg, 310 O 227/23 ).

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The McFlurry is Not McBroken Anymore!

JD Supra Law

U.S. Copyright Office, Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 89 Fed. Reg. 42 (Oct. 28, 2024) - If you ever wondered why it seemed like McDonald’s McFlurry machines were always broken, there was a reason for that. McDonald’s franchise owners could not fix their machines without risking a violation of the U.S.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Another week is in full (IP) swing. In the meantime, enjoy the latest weekly NTL post! Patents and AI Katfriend Peter Arrowsmith (GJE) reported on the results of the poll he had in his post three months ago regarding the Court of Appeal decision in Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825.

IP 64
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European Medtech Companies: Why a U.S. Centric Patent Strategy is Essential for Long-Term Success

JD Supra Law

As European medtech companies look to expand their presence in the U.S. market, understanding the intricacies of U.S. patent law becomes increasingly important. The U.S. market, being the largest for medical technologies, presents both opportunities and challenges. Originally published in IPWatchdog - October 31, 2024.

Patent 66
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Pharma Companies Fight it Out at High Court Over Whether CAFC Disregards Appellate Review Limits

IP Watchdog

A brief filed with the U.S. Supreme Court yesterday urged the Justices to deny a petition to the Court contending the U.S. Court of Appeals for the Federal Circuit (CAFC) has made a habit of making factual findings of its own rather than merely discussing and analyzing the district court’s findings, as it is required. The petition was filed on September 11, 2024, by Salix Pharmaceuticals and stems from an April 2024 precedential decision of the Federal Circuit affirming a district court’s final

Patent 59
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USPTO Director Announces Resignation

JD Supra Law

As has been expected, the Director of the U.S. Patent and Trademark Office, the Honorable Kathi Vidal, has announced her resignation. Deputy Director Derrick Brent will assume her position (at least temporarily) starting in the second week of December.

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Reading list: Mala Chatterjee, Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright

43(B)log

Recommended! Short and thought-provoking. Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright Cambridge Volume on Intellectual Property & Private Law (forthcoming 2024) 15 Pages Posted: 2 Aug 2024 Mala Chatterjee Columbia Law School Date Written: July 22, 2024 Abstract In the theoretical literature on the normative foundations of copyright law, a substantial body of work has endeavored to justify the legal institution by grounding it in the allegedly “special” re

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Otsuka Pharm. Co., Ltd. v. Lupin Ltd. - Jynarque® (tolvaptan)

JD Supra Law

Case Name: Otsuka Pharm. Co., Ltd. v. Lupin Ltd., Civ. No. 21-900-RGA, 2024 WL 3618123 (D. Del. July 31, 2024) (Andrews, J.).

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How is AI Changing Information Management? Interview with Regeneron’s Tiffany Lazo and Samantha Intriligator

Velocity of Content

CCC recently reached out to experienced information professionals to gain a better understanding of the ways in which they are incorporating tools with artificial intelligence (AI) capabilities into their everyday workflows, as well as how they are positioning the use of AI within their organizations. The following is based on an interview we conducted with Samantha Intriligator, Associate Manager Library Services, and Tiffany Lazo, Senior Library Services Science Specialist, at Regeneron Pharma

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Google Says $20M Thermostat IP Verdict Was 'Manufactured'

IP Law 360

Google is making its argument to the full Federal Circuit that a $20 million verdict the tech giant was hit with in the Western District of Texas was "manufactured" by an expert hired by a competing smart-home energy startup.

IP 52
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Call for Papers/Participation: the revived Internet Law Works-in-Progress Conference, SCU, March 8, 2025

Technology & Marketing Law Blog

From the 2014 Internet Law Work-in-Progress Event at New York Law School We invite your in-person participation in the Internet Law Works-in-Progress conference, to be held at Santa Clara University School of Law in Santa Clara, California on March 8, 2025. This conference series took a multi-year hiatus due to the pandemic, and we’re thrilled to bring it back.

Law 52
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Ex-Oil Products Co. VP Admits To Stealing Trade Secrets

IP Law 360

A former executive at a New Jersey-based producer of oil products and proprietary flavors admitted possessing and conspiring to possess stolen trade secrets, the U.S. attorney for New Jersey announced Wednesday.

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Faulty Specimen Sinks YACHTLY Application for Yacht Chartering Services

The TTABlog

The Board has decided 16 appeals from specimen refusals this year and has reversed half of them. Here is the 17th. The Board upheld this refusal to register the proposed mark YACHTLY for "yacht chartering services" because the specimens of use failed to show a direct association with the identified services. In re Yachtly Inc. , Serial No. 90784139 (November 6, 2024) [not precedential] (Opinion by Judge Lawrence T.

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Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report

IP Law 360

An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. Senate oversight panel Wednesday.

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UK Supreme Court’s SkyKick Judgment Sends Trademark Owners Scrambling to Review Registrations

IP Watchdog

The UK Supreme Court today held that the England and Wales Court of Appeal was wrong to overturn a 2020 High Court decision that found Sky Ltd. had acted in bad faith when applying for the mark SKY in categories of goods and services it never intended to put on the market. The Court of Appeal's decision had come as a relief to trademark applicants and owners whose registrations included broad specifications in the UK, but today’s decision revives uncertainty and has been dubbed a “shock” ruling

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Fed. Circ. Judges Frown On Custom Emoji Patent

IP Law 360

A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that knocked out all of the patent's claims.

Patent 52
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Cross-Border Checklist - November 2024

JD Supra Law

Our cross-border checklist highlights some of the distinct business and legal considerations when doing a deal in Canada, including key aspects that may impact Canadian investments and operations. These different facets include securities, corporate and commercial, taxation, antitrust, foreign investment review, international trade, intellectual property, employment and labour, privacy, technology and communications, and franchising.

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Split 9th Circ. Won't Ax Injunction In 'Open AI' TM Fight

IP Law 360

A man accused by OpenAI of preventing the ChatGPT maker from registering its name as a trademark lost his Ninth Circuit challenge to an injunction blocking him from using the "Open AI" mark while his case is pending.

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Opérations transfrontalières – Liste de vérification

JD Supra Law

Notre liste de vérification sur les opérations transfrontalières souligne certaines des particularités, sur le plan commercial et juridique, propres à la réalisation d’opérations transfrontalières au Canada, y compris certains aspects clés pouvant avoir une incidence sur les opérations et les investissements canadiens. Ces différentes facettes comprennent les valeurs mobilières, le droit commercial et des sociétés, la fiscalité, le droit antitrust, l’examen des investissements étrangers, le.

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Alnylam Says It's Not A 'Patent Troll' In Vax IP Row

IP Law 360

Alnylam Pharmaceuticals has shot back at Moderna's request for about $2.8 million in legal costs it incurred defending a patent suit over its coronavirus vaccine, saying Moderna is wrongly trying to paint it as "a pernicious patent troll.

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U.S. Patent and Trademark Office Director Kathi Vidal to Step Down

JD Supra Law

U.S. Patent and Trademark Office Director Kathi Vidal announced her departure from the agency to return to the private sector, a move reminiscent of his predecessor Andrei Iancu's transition before Joe Biden's inauguration.

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Fed. Circ. Won't Send Microchip Patent Suit To NY

IP Law 360

The Federal Circuit on Wednesday denied a bid from a Chicago tech manufacturer to transfer a Texas case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit, saying the manufacturer didn't show that the lower court erred in refusing to ship the case to New York.

Patent 52
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BREAKING: Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies

IP Law 360

Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.

Law 52
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US Intellectual Property-Based Sanctions Could Be Imminent

IP Law 360

A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

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Jury Backs Some Claims In Inline Plastics Patent, Axes Others

IP Law 360

A Massachusetts federal jury on Wednesday upheld two claims in a patent covering a tamper-resistant container, the latest development in a six-year-old infringement dispute.

Patent 52