Sun.Mar 10, 2024

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Japan’s Text and Data Mining (TDM) Copyright Exception for AI Training: A Needed and Welcome Clarification from the Responsible Agency

Hugh Stephens Blog

Image: iStock Japan has always been known for its strong creative sector and rich cultural output, from animé to manga to literature, music and film, and for its respect for intellectual property (IP) and the rights of creators.

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Proper Evidence of Use for Clothing Trademarks

Erik K Pelton

The following is an edited transcript of my video Proper Evidence of Use for Clothing Trademarks. In any application to register a trademark at the USPTO, it’s important to have the proper type of evidence to support, use, and register the trademark—whether it’s a name, a logo, or a slogan. This is most complicated, believe it or not, when it comes to clothing.

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You Wouldn’t Steal an Episode of the ‘Pirate Bay’ TV Series?

TorrentFreak

When pirated copies of “Grand Theft Auto: San Andreas” came out nearly two decades ago, The Pirate Bay changed its front page logo. The Pirate Bay became the “Grand Theft Bay,” illustrating the deviant stance upon which the site built its reputation since the year of its launch. The GTA-inspired logo was the first of many ‘doodles’ that separated the ‘most resilient torrent site’ from its competition.

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Exploring the Definitions of AI for Legal Purposes

Barry Sookman

There is a lot being written about artificial intelligence (AI). There are also many different ways of defining the term AI including for legal purposes. This post will examine some of the leading legally defined uses of the terms AI and generative artificial intelligence. Legal definitions of Artificial Intelligence The leading definition of artificial intelligence is the recent updated definition of artificial intelligence from the OECD : An AI system is a machine-based system that, for expli

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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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Celebrating 40 Years with Judge Pauline Newman

IP Watchdog

On Wednesday, February 28, 2024, Judge Pauline Newman celebrated the 40th anniversary of the day she assumed office on the U.S. Court of Appeals for the Federal Circuit (CAFC). Gene and I were initially invited to join several of her current and former clerks for a surprise lunch with the judge to celebrate. However, after several phone calls and text messages, the plan evolved and, in less than a week's time, a surprise celebration was planned.

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Newly Released CBP Ruling Reveals Apple Watch Pulse Oximetry Redesign

Patently-O

by Dennis Crouch In January 2024 a then-secret order from US Customs and Border Protection (CPB) had a major impact in the Masimo v. Apple case. That opinion from CBP’s Exclusion Order Enforcement (EOE) Branch has now been released in redacted form and provides some insight into how Apple was able to quickly modify its Apple Watch designs to avoid the ITC’s limited exclusion order that would have blocked import of the infringing devices.

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Imputing Bad Faith in Trademark Infringement Disputes: Analysing DHC Nova v. Novya Judgement

SpicyIP

[ This post has been authored by SpicyIP Intern Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here. ] Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act

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UAE’s Competition Regulation: A Comprehensive Analysis of Federal Law No. 36/2023

LexBlog IP

Introduction: In a significant step, Federal Decree-Law No. 36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. 4/2012) in the UAE. This new legislation represents a remarkable development, focusing on competition practices and countering commercial monopolies. The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory

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Best of 2006: Starbucks — not a “preya” in Korea

Likelihood of Confusion

The Korea Times reports that perpetual trademark litigation plaintiff Starbucks has lost two in a row to South Korea’s Elpreya company, which features a line of coffee utilizing the word STARPREYA and the above confusingly similar (says LIKELIHOOD OF CONFUSION®) logo. No likelihood of confusion here? That’s bad enough. Evidently South Korea doesn’t have a […] The post Best of 2006: Starbucks — not a “preya” in Korea appeared first on LIKELIHOOD OF CONFUS

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Fifth Circuit Once Again Disregards Supreme Court Precedent and Mangles Section 230–Free Speech Coalition v. Paxton

Technology & Marketing Law Blog

Texas passed a law ( HB 1181 ) requiring pornographic websites to age-authenticate all users and then prevent minors from accessing online porn. If this sounds familiar, it’s because Congress passed functionally identical laws twice: the CDA in 1996 and the COPA in 1998. Both laws were struck down as unconstitutional. But to the Texas legislature, directly-on-point adverse Supreme Court precedent just an invitation to further negotiations.

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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.