Plagiarism Today
OCTOBER 28, 2024
Thousands of open-access studies feature images that may have copyright restrictions. Here's how that happened. The post Why Thousands of Studies May Be in Copyright Limbo appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 28, 2024
As artificial intelligence (AI) technology continues to evolve at an unprecedented pace, it brings with it numerous questions regarding the application of intellectual property (IP) laws. The intersection of AI and IP raises critical considerations about the rights of creators and innovators, the interpretation and enforcement of established laws, and the potential impact on the future of creativity and innovation.
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Plagiarism Today
OCTOBER 28, 2024
The US Copyright Office finalizes new DMCA exemptions and Rhode Island bar sued over unlicensed karaoke tracks. The post 3 Count: Something Fishy appeared first on Plagiarism Today.
The IPKat
OCTOBER 28, 2024
The chair at the centre of the Dutch litigation on its own. Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum , C-227/23 , substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here ] , which was only issued last month. In essence, the CJEU ruled that EU Member States do not enjoy any competence to set their own reciprocity rules under the Berne Convention (in this case: Article 2(7) ), given that th
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 Watchdog
OCTOBER 28, 2024
One of the more interesting public policy reads of 2024 comes from the U.S. Patent and Trademark Office (USPTO), whose “Drug Patent and Exclusivity Study” effectively debunks the false narratives and bogus statistics that have been levied against pharmaceutical patents with significant effect in recent years. The inescapable takeaway from the USPTO study is that activists have manipulated data to inflate the effects of patents and other exclusive rights on competition.
TorrentFreak
OCTOBER 28, 2024
Movie piracy continues to present problems for Hollywood. When films are released on streaming platforms, they are copied and shared online almost immediately. There’s one type of piracy that’s particularly concerning, however. That’s when a film leaks online before it’s widely available through commercial channels. The problem isn’t new.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
OCTOBER 28, 2024
The exact launch date of the ‘ BeStreamWise ’ anti-piracy campaign is difficult to pin down. Often subject to intense planning and strict media embargoes, we simply stumbled across the live campaign website early October 2023. The purpose of BeStreamWise is to raise awareness of risk associated with illicit streaming platforms. Specifically, when people subscribe to these types of services they risk fueling organized crime, quite possibly at the same time their bank accounts are being unexpected
JD Supra Law
OCTOBER 28, 2024
Last week, a California jury found Phillips 66 liable for misappropriating trade secrets from Propel Fuels Inc., a low-carbon renewable fuels retailer, and awarded Propel $605 million in damages.
Technology & Marketing Law Blog
OCTOBER 28, 2024
In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable. This opinion contains enough criticism to go around, especially with respect to New Era’s policies and practices.
JD Supra Law
OCTOBER 28, 2024
In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of action. Prior to the enactment of the DTSA, a large body of federal common law had developed around the remedies available to a plaintiff after a defendant allegedly misappropriated a trade secret, including the “inevitable disclosure doctrine.”.
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The IPKat
OCTOBER 28, 2024
With the end of the year rapidly approaching (including this TechieKat’s favourite holiday, the Day of the Dead), IPKat brings news of the latest IP events and opportunities! Events Liability for AI-generated outputs under copyright law. The Law, Rationalism, and Complexity and the InfoSoc Working Groups of the European University Institute will host a lecture with our very own PermKat Eleonora Rosati (Stockholm University).
JD Supra Law
OCTOBER 28, 2024
With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more convincing. With little more effort than a few prompts of an AI program, scammers are able to quickly set up seemingly legitimate websites with text, images, and even video that can look and sound like the real thing.
The IPKat
OCTOBER 28, 2024
As The IPKat announced earlier this month, TOMORROW (Wednesday, 30 October) , we will be running a webinar - kindly hosted by international law firm Bird & Bird LLP on StreamYard - to discuss the present and future of image/publicity rights, also in light of the challenges that AI and deepfakes have been presenting. Indeed, the key question that we would like to tackle and possibly answer is the following: In an age, that of AI, in which the creation and circulation of digital replicas and d
JD Supra Law
OCTOBER 28, 2024
Chris Bussert recently presented at the 47th Annual ABA Forum on Franchising in Phoenix on the use of trademark and unfair competition surveys. Key takeaways from his presentation are the following.
IP Watchdog
OCTOBER 28, 2024
The incumbent of this position serves as Chief Counsel for the National Institute of Standards and Technology (NIST). In the Office of the General Counsel (OGC), as Chief Counsel of NIST, the incumbent is responsible for developing and maintaining a NIST legal program that provides a broad range of legal services, advice and consultation to the Under Secretary of Commerce for Standards and Technology (Under Secretary), NIST and the National Technical Information Service (NTIS).
JD Supra Law
OCTOBER 28, 2024
In Snap, Inc. v. Vidal, the Central District of California found the Trademark Trial and Appeal Board (“TTAB”) was wrong in finding that SnapChat’s SPECTACLES mark is generic for smart glasses. The district court’s opinion highlights the advantages of seeking de novo review of TTAB decisions in a district court and delves into the complexities of determining whether a mark is generic.
43(B)log
OCTOBER 28, 2024
Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, F.Supp.3d -, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are
JD Supra Law
OCTOBER 28, 2024
According to a Gartner survey, by 2026, more than 80% of enterprises will have implemented generative AI, which will have a significant impact on their operations. The aim is to enhance overall business processes and decision-making capabilities. However, integrating AI into business operations comes with significant legal considerations that business owners must keep in mind.
Nelligan Law
OCTOBER 28, 2024
Reading Time: < 1 minute If you are injured in an accident in Ontario, Canada, you are entitled to general damages for your pain, suffering, and loss of enjoyment of life. This post covers how these damages are awarded and what you can expect to receive. The Legal Framework In the 1970s, the Supreme Court of Canada capped the damages for pain and suffering at $100,000.
Selvam & Selvam Blog
OCTOBER 28, 2024
As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly pressing. This necessity arises from a growing trend in which intermediaries often overlook instances of infringement occurring on their platforms, to the detriment of the rights owners. With the rapid expansion of online services, intermediaries play a pivotal role and so, it is essential to implement stricter standards and practices that compel them t
IP Law 360
OCTOBER 28, 2024
A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.
Intepat
OCTOBER 28, 2024
Introduction The Metaverse is a realm born from human imagination. As children, many of us dreamed of stepping inside the video games we played, and today, that fantasy has become a reality. Through avatars, we can immerse ourselves in virtual environments, travel to new places, and experience things beyond the limits of the physical world. The Metaverse represents a parallel universe where individuals, via their avatars, engage in activities much like in the real world—buying properties, acquir
IP Law 360
OCTOBER 28, 2024
A new lawsuit by Oracle claims that a manager left the company for a competing venture-backed construction software tech outfit and "absconded with thousands of Oracle's trade secret[s].
Likelihood of Confusion
OCTOBER 28, 2024
Originally posted 2013-02-06 13:58:13. Republished by Blog Post PromoterWho but the ultimate trademark pig the NFL would make unwilling third parties endorse their sponsors? Makes me want to throw a SUPER BOWL PARTY! The post The ugly side of branding appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
OCTOBER 28, 2024
NASA has said the U.S. Court of Federal Claims should throw out a sensor business's breach of contract suit over commercialization and licensing deals related to patented NASA technology, saying certain milestones couldn't be reached under the pact.
The TTABlog
OCTOBER 28, 2024
Beverage behemoth PepsiCo knocked the stuffing out of Defendant Rockstar Industries in this consolidated opposition and cancellation proceeding. The Board granted PepsiCo's petitions for cancellation of three registrations for the mark ROCKSTAR for nutritional supplements and related products, and sustained an opposition to two applications for snack items and pickles, finding confusion likely with PepsiCo's identical mark for energy drinks.
IP Law 360
OCTOBER 28, 2024
A lawyer for hardware manufacturer Penn Engineering & Manufacturing Corp. told a federal jury in Philadelphia on Monday that one of its competitors used performance data from Penn's products to boost its own line of parts, creating confusion among consumers.
Patently-O
OCTOBER 28, 2024
by Dennis Crouch In a pending petition for certiorari, the Maltese company Celanese Int'l is poised to ask the Supreme Court to resolve an important question about the scope of the AIA's on-sale bar: whether sales of products made using a secret process can bar later patent protection for that process. The issue arises from a Federal Circuit decision upholding the ITC's invalidation of Celanese's patents covering methods for manufacturing the artificial sweetener Ace-K.
IP Law 360
OCTOBER 28, 2024
The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision that several claims of a StratosAudio Inc. advertising patent are invalid, in a win for automakers Hyundai and Volkswagen, both of which have been accused of infringement.
Michael Geist
OCTOBER 28, 2024
It has been many years since the Facebook and Cambridge Analytica privacy scandal captured headlines. The services at the heart of the case no longer exist, but the legal case in Canada continues to march on. Last month, the Federal Court of Appeal overturned a lower court decision that had largely sided with Facebook. In its place, it released a new decision that includes and analysis of reasonableness under the Canadian privacy law and engages with the notion of a potential trust but verify st
IP Law 360
OCTOBER 28, 2024
A Delaware federal judge entered a final judgment Monday ordering ChromaDex Inc. and Dartmouth College to pay $9.1 million in attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge.
Intepat
OCTOBER 28, 2024
Intellectual Property Rights (IPR) are crucial for fostering innovation and protecting the rights of creators and businesses. They encourage creativity by granting exclusive rights to individuals and companies to exploit their creations or inventions. In India, the IPR framework is particularly intricate when it comes to the protection of political party symbols.
IP Law 360
OCTOBER 28, 2024
Pfizer and BioNTech have urged a Delaware federal judge to reject GlaxoSmithKline's attempt to toss claims that the COVID-19 vaccine technology patents GSK is accusing them of infringing are unenforceable because of an unreasonable delay in obtaining them.
U.S. Department of Commerce
OCTOBER 28, 2024
Last week, U.S. Commerce Secretary Gina Raimondo and Deputy Secretary Don Graves participated in the 41st Annual National Minority Enterprise Development (MED) Week, where they honored the achievements of U.S. minority -owned business enterprises. Together they reaffirmed the Biden-Harris Administration’s commitment to advancing economic equity and equality and ensuring that minority-owned businesses have the access to capital, technical assistance, and more to help them scale.
IP Law 360
OCTOBER 28, 2024
Microsoft and OpenAI say that concerns from news outfits over consolidating discovery in their ChatGPT copyright lawsuits are "misplaced" and call a request to schedule more depositions "wholly unnecessary.
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