Plagiarism Today
MAY 1, 2024
The Copyright Claims Board has to strike a delicate balance between allowing for mistakes and preventing abuse. Here's how it does it. The post How the Copyright Claims Board Deals with Bad Faith Filers appeared first on Plagiarism Today.
JD Supra Law
MAY 1, 2024
On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.
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Plagiarism Today
MAY 1, 2024
More newspapers sue Microsoft and OpenAI, CJEU rules Hadopi is legal and Netflix wins dismissal of King of Collectibles lawsuit. The post 3 Count: Privacy vs. Piracy appeared first on Plagiarism Today.
The Trichordist
MAY 1, 2024
Spotify CEO Daniel Ek makes a $350 million bundle off of selling Spotify stock at the same time he extracts profits by reducing songwriter royalties.
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?
IP Law 360
MAY 1, 2024
A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.
TorrentFreak
MAY 1, 2024
Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MAY 1, 2024
Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time. One way or another, file-hosting and BitTorrent sites could be linked to the unlicensed reproduction and distribution of copyright works, both of which carry felony charges.
IP Law 360
MAY 1, 2024
Crowell & Moring LLP announced Wednesday that it has hired two more attorneys from Chicago-based Neal Gerber & Eisenberg LLP to bolster its corporate services.
TorrentFreak
MAY 1, 2024
Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.
JD Supra Law
MAY 1, 2024
The European Commission on April 19 opened a public consultation on commitments proposed by Vifor Pharma in response to a formal investigation into allegations of anticompetitive practices related to disparaging claims about an intravenous iron medicine supplied by a competitor. This investigation focuses on concerns that Vifor may have restricted competition by disseminating potentially misleading information about the safety of an iron deficiency treatment from Pharmacosmos, Vifor's main.
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.
Kluwer Copyright Blog
MAY 1, 2024
Source: European Copyright Society This blog post contains an edited version of the European Copyright Society’s Opinion on Case C-227/23, Kwantum Nederland and Kwantum België. The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin.
JD Supra Law
MAY 1, 2024
On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition, protect worker freedom, and increase innovation, the rule provides that noncompete agreements are unfair methods of competition in violation of Section 5 of the FTC Act.
IP Watchdog
MAY 1, 2024
The United States Patent and Trademark (USPTO) today announced a “National Strategy for Inclusive Innovation” in advance of a World IP Day event being held on Capitol Hill. The Strategy was developed with support from the Council for Inclusive Innovation (CI2) and, according to a USPTO press release, “aims to lift communities, grow the economy, create quality jobs, and address global challenges by increasing participation in STEM, inventorship and innovation among youth and those from historica
JD Supra Law
MAY 1, 2024
Intellectual property (“IP”) is typically monetized either by sale or (royalty generating) license agreements. The Code often allows sales to be taxed at preferential capital gains rates while simple royalties are ordinary income. At present the maximum capital gain versus ordinary income rate differential for non-corporate taxpayers – without more – is seventeen percent which is not immaterial.
IP Law 360
MAY 1, 2024
The Federal Circuit on Wednesday reversed a decision by Western District of Texas Judge Alan Albright that a company suing Zebra Technologies Corp. for patent infringement lacked constitutional standing, holding instead that the plaintiff retained patent rights under a loan agreement.
JD Supra Law
MAY 1, 2024
Case Name: UCB, Inc. v. Mylan Techs. Inc., Civ. No. 22-cv-216 (D. Vt. Mar. 8, 2024) (Reiss, J.) - Drug Product and Patent(s)-in-Suit: Neupro® (rotigotine); U.S. Patents Nos. 8,246,979 (“the ’979 patent”) and 8,246,980 (“the ’980 patent”).
IP Law 360
MAY 1, 2024
A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.
JD Supra Law
MAY 1, 2024
Effective on July 1, 2024, the Ensuring Likeness Voice and Image Security (ELVIS) Act will amend Tennessee’s Personal Rights Protection Act of 1984 to explicitly include protections for songwriters, performers, and music industry professionals’ voice from misuse of artificial intelligence (AI). It is no secret that the rapid growth of AI is a force to be reckoned with, especially in the creative sector.
IP Law 360
MAY 1, 2024
A pair of companies owned by ex-MLB player Yoenis Céspedes has won a preliminary injunction against several businesses in an intellectual property dispute in Florida federal court over baseball bats, saying the former New York Mets outfielder's companies are likely to succeed on a trademark claim.
JD Supra Law
MAY 1, 2024
Children are all too familiar with parents telling them that everything they own is actually mom and dads. And as frustrating as this is to hear as a child, a recent opinion from the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board informs us that this is not necessarily a bad thing—at least in the world of trademarks. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Likelihood of Confusion
MAY 1, 2024
I have added a disclaimer to the navigation bar as the winds of oppression howl about me. It’s preposterous to think that this is really necessary, but here we are. UPDATE: All the links are dead now. And I don’t even quite get the joke I evidently made in 2007, though I do still have […] The post Disclaimer for the slow-witted, the vicious and the greedy appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MAY 1, 2024
It happens way too often. A website owner or employee innocently downloads to their website a photograph or some other work to illustrate or explain some aspect of the owner’s business. Or, its use may be intended to draw more viewers to the website.
IP Law 360
MAY 1, 2024
The U.S. Patent and Trademark Office on Wednesday unveiled a plan aimed at increasing innovation among young people and those from underrepresented backgrounds, calling on companies, governments and schools to make efforts to diversify and broaden their ranks.
JD Supra Law
MAY 1, 2024
While the general commercial real estate markets have faced more than a year of raising interest costs, fewer deals, and economic uncertainty, the branded-residences sector has not only remained resilient but also has continued to experience sustained growth.
IP Law 360
MAY 1, 2024
U.S. District Judge Alan Albright of the Western District of Texas has refused to send a suit accusing Apple Inc. of infringing patents on vibration technology to California, with the judge saying that some of the tech giant's arguments were "irksome.
JD Supra Law
MAY 1, 2024
Welcome to the April 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss why it’s important for businesses to think critically about who they are listing as their trademark owners, how the TTAB and the courts have treated color marks, and the USPTO’s Federal Trademark Search System. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
IP Law 360
MAY 1, 2024
A California federal judge ordered Trader Joe's to pay $112,622 in attorney fees to a union of its employees in a suit alleging the union's logo infringes on the grocer's name and trademarks, saying Trader Joe's claim that the suit is unrelated to a labor dispute "cannot be taken seriously.
JD Supra Law
MAY 1, 2024
On January 19, 2024, Palworld launched into early access on Xbox and Windows. To say it was an overnight success is an understatement. By only a month in, Palworld had been played by over 25 million players.To put this in perspective, monumental success stories like The Legend of Zelda: Tears of the Kingdom and Hogwarts Legacy (both released in 2023) have sold in the ballpark of 20-25 million copies.
IP Law 360
MAY 1, 2024
A New Jersey federal judge has signed off on a consent judgment that permanently bars Chinese drugmaker Jiangsu Hengrui Pharmaceuticals Co. from misappropriating Johnson and Johnson's pharmaceutical subsidiary Janssen's trade secrets for its popular chemotherapy drug Yondelis.
JD Supra Law
MAY 1, 2024
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.
IP Law 360
MAY 1, 2024
Florida, New York and the District of Columbia on Wednesday joined Tennessee and Virginia in their antitrust lawsuit challenging the NCAA's policies on name, image and likeness rights, asking that the preliminary injunction barring enforcement of its NIL rules be made permanent.
Velocity of Content
MAY 1, 2024
This article appears in the Information Today May 2024 print issue. Republished with permission. Do the creators and users of large language models (LLMs) and as sociated generative AI applications infringe the copyrights of content creators? If so, what specific acts constitute infringement, and what should be done to remedy the problem? CCC’s Feb. 29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and ca
IP Law 360
MAY 1, 2024
The Biden administration on Wednesday set financial and visa restrictions on nearly 300 individuals and businesses abroad, including those suspected to be helping Russia evade existing sanctions and obtain critical defense materials.
JD Supra Law
MAY 1, 2024
Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes.
IP Law 360
MAY 1, 2024
A greeting card company that was backed by an investor on the TV show "Shark Tank" hit a competitor with a federal suit alleging it copied card designs and violated several patents.
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