Plagiarism Today
APRIL 17, 2024
Amazon is facing criticism over AI-generated spam ebooks being sold in the Kindle Store. However, the problem goes back at least 15 years. The post Why Amazon is Overrun with Plagiarism and AI Garbage appeared first on Plagiarism Today.
IP Watchdog
APRIL 17, 2024
Federal Trade Commission (FTC) Chair Lina Khan announced yesterday that there will be a Special Open Commission Meeting held on April 23 to vote on whether to issue a final version of the January 2023 proposed rule that would ban employers from using noncompete clauses for their employees. “The proposed final rule being considered would generally prevent most employers from using noncompete clauses,” said the Open Commission Meeting's event description.
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Plagiarism Today
APRIL 17, 2024
Slot machine makers files lawsuit against competitor, Phillippine Senate takes up site blocking and Reddit copyright bans skyrocket. The post 3 Count: Copyright Gamble appeared first on Plagiarism Today.
Patently-O
APRIL 17, 2024
by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. The key issue on appeal is whether the district court erred in granting summary judgment for Crocs on Double Diamond Distribution and U.S.A.
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?
TorrentFreak
APRIL 17, 2024
Without doubt, Reddit is one of the most popular user-generated content sites that exists on the Internet today. Last month, the community-driven news and discussion platform went public and, with a market cap of more than $6 billion, immediately became one of the larger tech players. While publicly traded companies operate under a different ruleset than private ones, Reddit remains committed to its transparency efforts.
IP Law 360
APRIL 17, 2024
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
APRIL 17, 2024
President Joe Biden promised Wednesday to seek significantly steeper tariffs on Chinese steel and aluminum imports should the U.S. Trade Representative confirm that China is engaging in unfair trade practices that erode competition.
IP and Legal Filings
APRIL 17, 2024
LITERATURE REVIEW BOOKS AND ARTICLES REFFERED AN INTRODUCTION TO POLITICAL THEORY BY O.P. GAUBA, FIFTH EDITION, PUBLISHED BY MACMILLAN PUBLISHERS INDIA LTD: The matter of the content was present in Chapter 13 of this book. The chapter provides a good understanding of the power and its types. The chapter also quotes the sayings of various thinkers and political analysts.
TorrentFreak
APRIL 17, 2024
After almost two decades reporting on the piracy landscape, speaking with hundreds of people involved in all aspects of piracy on the way, those who dodge cinema security to camcord the latest movies are still the most puzzling. As a deterrent, the possibility of a lengthy prison sentence seems to mean almost nothing. The prospect of sitting quietly for two to three hours, knowing that they’re already being monitored along with the rest of the audience, is just part of the experience, not
JD Supra Law
APRIL 17, 2024
When it comes to IP enforcement, companies on the cutting edge of technology often find themselves in a catch-22 situation. On the one hand, there’s more need for enforcement than ever as new technologies create new opportunities for imitation and even fraud, from crypto scams to AI deepfakes.
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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.
The IPKat
APRIL 17, 2024
The IPKat has received and is pleased to host the following guest post by Katfriends Jakob Plesner Mathiasen and Matilde Helene Bom (both Gorrissen Federspiel) on a recent Danish decision tackling the relationship between trade mark law and freedom of expression. Here’s what they write: Can a trademarked mascot drink, smoke, and spray graffiti under the banner of artistic expression?
JD Supra Law
APRIL 17, 2024
In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content to secure brand deals and attract advertisers.
The TTABlog
APRIL 17, 2024
The U.S. Court of Appeals for the Fourth Circuit affirmed-in-part the decision of the U.S. District Court for the Eastern District of Virginia, concluding that the lower court did not err in finding that Timberland’s product configuration mark (shown immediately below) lacked acquired distinctiveness and was therefore unregistrable. The district court had also found the configuration to be de jure functional. [ TTABlogged here ], but the appellate court declined to reach the functionality issue.
JD Supra Law
APRIL 17, 2024
On April 5, 2024, the Securities and Exchange Commission (the “SEC”) obtained a verdict after an eight-day civil jury trial in SEC v. Matthew Panuwat (“SEC v. Panuwat”), in which the SEC alleged shadow insider trading, in violation of the federal securities laws. The SEC’s complaint alleged that Panuwat used highly confidential information of his employer, Medivation, Inc.’s (“Medivation”) upcoming acquisition by Pfizer Inc.
The IPKat
APRIL 17, 2024
Retro-Kats There are still places available for the fifth annual Retromark conference, which returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 7 May. This year, the keynote speech will be delivered by Allan James, Senior Hearing Officer at the UKIPO. The event will now dedicate one of its two panels to a discussion of the Court of Appeal’s recent decision in Lidl v Tesco.
JD Supra Law
APRIL 17, 2024
As we last reported in March, the Federal Trade Commission’s (the “Commission’s”) final vote on its Proposed Rule to Ban Noncompetes (“Proposed Rule”) was slated to take place as early as April 2024. Today, the Commission announced that it will hold a Special Open Commission Meeting on its Proposed Rule starting at 2 p.m. Eastern Time on April 23, 2024.
IP Law 360
APRIL 17, 2024
A Federal Circuit ruling earlier this month telling a judge to reconsider upholding a Johnson & Johnson schizophrenia drug patent emphasizes that analyzing whether a patent is invalid as obvious requires focusing on what it actually claims and an inventor's creativity, attorneys said.
JD Supra Law
APRIL 17, 2024
We have previously warned you about the new California law (AB 488) concerning registration for many types of online cause marketing programs. On March 26, 2024, CA finally issued final regulations to its AB 488 (California Gov. Code Section 125599.9) which require registration for companies acting as online charitable fundraising platforms and for platform charities in California.
IP Law 360
APRIL 17, 2024
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
JD Supra Law
APRIL 17, 2024
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
IP Law 360
APRIL 17, 2024
A Colorado federal judge on Wednesday roundly rebuked lawyers fighting over patents for oil and gas equipment for filing "needless" motions that seemed to reflect their "interpersonal squabbles" rather than the interests of their clients, and threatened to sanction the attorneys if they ever drag the court into another petty fight.
JD Supra Law
APRIL 17, 2024
When your business has made the decision to implement a Software Escrow Agreement, the next step involves negotiating the terms, including the escrow clauses. The process of finalising the agreement and negotiating its terms can be a complex. It is crucial to ensure that the Software Escrow Agreement effectively meets your business needs, requirements, and continuity plans.
Barry Sookman
APRIL 17, 2024
In 2012 Canada amended the Copyright Act to introduce legal protection for technological measures (TPMs) as part of the Copyright Modernizaton Act. In the 2024 Budget published yesterday the Government announced plans to review and possibly amend these provisions to introduce rights of repair. The announcement of the proposed rights of repair are set out in two sections of the Budget.
JD Supra Law
APRIL 17, 2024
As we previously reported, on January 11, 2024, Regeneron Pharmaceuticals, Inc. (“Regeneron”) moved to establish a multi-district litigation (“MDL”) for its aflibercept BPCIA litigation, and to transfer its case against Amgen, Inc. (“Amgen”) to the Northern District of West Virginia under 28 U.S.C. § 1407.
IP Law 360
APRIL 17, 2024
The U.S. Department of Justice is showing some support for a proposal that could allow researchers looking into biases in artificial intelligence programming to bypass laws that limit access to copyright-protected AI models.
JD Supra Law
APRIL 17, 2024
On April 16, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions.
IP Law 360
APRIL 17, 2024
Tesla has persuaded the Patent Trial and Appeal Board to invalidate all claims of a Charge Fusion Technologies electrical charging patent, the latest development in a larger legal battle between the parties.
JD Supra Law
APRIL 17, 2024
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the USPTO formed the Central Reexamination Unit (CRU) and staffed it with 15 year+ Examiners and legal experts. Later, after the loss of Inter Partes Reexamination in 2012, the USPTO added all newly filed reissue applications to the CRU Examiner’s regime.
IP Law 360
APRIL 17, 2024
Repeating himself for the second time in the last several weeks, a federal judge in Delaware on Wednesday said he won't stop a biochemical startup from launching a drug that would compete directly with one of United Therapeutics' biggest pharmaceutical products.
JD Supra Law
APRIL 17, 2024
The USPTO expounds a clear message for patent and trademark attorneys, patent agents, and inventors: use of artificial intelligence (AI), including generative AI, in patent and trademark activities and filings before the USPTO entails risks to be mitigated, and you must disclose use of AI in creation of an invention or practice before the USPTO if the use of AI is material to patentability.
IP Law 360
APRIL 17, 2024
Mintz Levin Cohn Ferris Glovsky and Popeo PC sued parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., in Massachusetts federal court Tuesday, accusing its former clients of owing $4.3 million in unpaid legal fees and interest for representing CivicSmart in a since-settled patent litigation.
JD Supra Law
APRIL 17, 2024
Long before the America Invents Act (AIA) created the Patent Trial and Appeal Board (PTAB) patent revocation proceedings, the patentability of one or more claims of any patent could be reviewed via Ex Parte Reexamination (Reexamination), and the now defunct Inter Partes Reexamination. Established by 35 U.S.C. § 302 in 1981, Reexamination of a patent allows a requester (e.g., anyone: a patent owner, a known or anonymous third party, or the Director of the USPTO) to request Reexamination of a.
IP Law 360
APRIL 17, 2024
A former part-owner of a company that sells and installs performance flooring for college athletic facilities and health clubs has been sued by the prior company, which has claimed he stole proprietary information to jumpstart his own competing business.
JD Supra Law
APRIL 17, 2024
What is the statute of limitations for a trade secrets claim? Three years. The Arkansas Uniform Trade Secrets Act explicitly provides that there is a three-year statute of limitations. The three-year time period begins to run when the misappropriation either is discovered, or, should have been discovered by the exercise of reasonable diligence.
IP Law 360
APRIL 17, 2024
A Second Circuit panel on Wednesday appeared skeptical of Adidas' arguments that a Manhattan district judge gave improper instructions to a jury that shot down its trademark infringement claims against fashion brand Thom Browne, suggesting the lower court had laid out the issues fairly.
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