Hugh Stephens Blog
JULY 28, 2023
I will confess to having kept a diary for many years. What started out as a way to keep track of holidays and so on became a persistent habit that I have been unable to break to this day.
Plagiarism Today
JULY 25, 2023
The state of North Carolina has repealed Blackbeard's law, which claimed copyright in certain works. However, the deeper issues remain. The post Scuttling Blackbeard’s Law appeared first on Plagiarism Today.
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Creative Law Center
JULY 22, 2023
Legal challenges to generative AI are on the rise. This post, an AI litigation update, is a snapshot in time looking at what is going on in two of the active cases. The post AI Litigation Update appeared first on Creative Law Center.
Erik K Pelton
JULY 1, 2023
The following is an edited transcript of my video 5 Free Ways to Strengthen Your Brand. Use the proper symbol for your trademark. If you have a registration, use the ® prominently with your brand. If you don’t, you can use TM or SM. We have plenty more resources about which symbol to use and how and where available on our website. Be consistent in how you use your brand—your colors, your logo, your fonts—to help your brand stick in the minds of customers.
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
JULY 8, 2023
Traditionally, when copyright holders go after pirate sites, their main mission is to shut them down permanently. This strategy has resulted in the demise of thousands of websites over the past two decades. In some cases these shutdowns are easy, only requiring a cease and desist order to be delivered to the owner’s home address. In others, disputes can escalate into prolonged legal battles where judges or juries have the final say.
Intellectual Property Law Blog
JULY 31, 2023
This case addresses the legal standard for inherent anticipation. Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 patent, Abstract.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
JULY 27, 2023
The rush is on to reliably detect AI writing. However, the goal is getting further away and may never be reached at all. The post The Current State of Detecting AI Writing appeared first on Plagiarism Today.
The IPKat
JULY 9, 2023
Under EU trade mark law, there is no express freedom of expression-based defence. But can third-party freedom of expression be safeguarded through the way in which the infringement test, notably the test for trade marks with a reputation and the notion of "due cause" (Article 9(2)(c) EUTMR ; Article 10(6) and (2)(c) EUTMD ), is construed? Freedom of expression is a fundamental right guaranteed under both Article 10 ECHR and Article 11 of the EU Charter.
Erik K Pelton
JULY 26, 2023
Trademark scams continue to proliferate. This looks essentially identical to past scams, but with a new “name” from TMP and a new address at TMP Online Services, 31-07 31st Avenue, Unit 102, Astoria, NY 11106. The offer asks for $1280. These “publication” offerings are worthless. For more, see the Trademark Scam Decision Tree.
TorrentFreak
JULY 6, 2023
For millions of people around the world, subtitles are the only way to enjoy media in foreign languages. For the deaf and hard of hearing, they are absolutely essential. Nowadays, most large streaming platforms and broadcasters are aware of the importance of offering a range of subtitle options to their viewers. On pirate sites, the situation is no different.
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.
Intellectual Property Law Blog
JULY 31, 2023
This case addresses the legal framework for determining whether prior art anticipates a claimed range. The appropriate legal framework applies a different test depending on whether the prior art discloses a point within the claimed range vs. a range overlapping the claimed range. Background UCB, Inc. (“UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin.
Hugh Stephens Blog
JULY 11, 2023
It seems that every day a new report emerges regarding concerns with artificial intelligence (AI) and how it will likely impact our lives. There have been dire suggestions that unless something is done, one day AI will take over, resulting in the end of humanity. There have equally been suggestions that, as with other technological … Continue reading "International Regulation of AI Development and Application: Is it Feasible?
Plagiarism Today
JULY 11, 2023
In a bid to learn about radicalization, two researchers performed a plagiarism analysis on an infamous person's manifesto. The post Studying Plagiarism to Understand Radicalization appeared first on Plagiarism Today.
IP Watchdog
JULY 6, 2023
On the evening of July 5, inventor advocacy group US Inventor hosted a webinar to discuss the Patent Eligibility Restoration Act (PERA) recently introduced into the U.S. Senate by Senators Thom Tillis (R-NC) and Chris Coons (D-DE). The featured guest speaker was Retired U.S. Court of Appeals for the Federal Circuit Chief Judge Paul Michel, who has been involved in the development of PERA’s draft legislative text and has personally supported PERA as an important step in “reviv[ing] the faltering
Erik K Pelton
JULY 25, 2023
In the kingdom of trademark protection, Taylor Swift is the reigning queen. Erik discusses Ms. Swift’s prolific portfolio of registered trademarks and savvy branding in this video. The post Taylor Swift’s Trademark Reputation appeared first on Erik M Pelton & Associates, PLLC. In the kingdom of trademark protection, Taylor Swift is the reigning queen.
TorrentFreak
JULY 1, 2023
The most dependable things in life tend to be the things most easily taken for granted. In the piracy ecosystem, that certainly applied to torrent site RARBG. RARBG was never likely to win any prizes for being the best-looking site with bleeding-edge features. Nor would its operators hope to win any. What the site did was what any indexer of any content should strive for; plenty of well-organized and readily searchable content, all of it supported by ancillary sources of complementary data, with
Intellectual Property Law Blog
JULY 26, 2023
This case addresses the requirements necessary to establish a prima facie case to correct inventorship under 35 U.S.C. § 256. Background Hormel Foods appealed the District Court’s ruling that David Howard should be added as a joint inventor on its patents. Standard of Review “Inventorship is a question of law that [the Federal Circuit] review[s] without deference.
The Illusion of More
JULY 7, 2023
We all know the mantra that says it’s better to ask forgiveness than permission. According to Quote Investigator, the earliest published version of this sentiment appeared in 1846, but QI’s editors believe the notion is older than that and cannot be attributed to any one source. Whatever its derivation or contexts in which it has […] The post Get AI Wrong and There Will Be Nothing to Forgive appeared first on The Illusion of More.
Plagiarism Today
JULY 13, 2023
Shein named in new copyright lawsuit, Italy takes aim at live event piracy, and the US Senate holds a hearing on AI and copyright. The post 3 Count: Fashion Disaster appeared first on Plagiarism Today.
IP Watchdog
JULY 11, 2023
On July 11, the Council for Innovation Promotion (C4IP), released a policy report advocating for a pro-innovation legislative and administrative agenda to counteract a series of shocks to the U.S. patent system over the past two decades. This pro-innovation agenda has the direct support of several C4IP members who formerly held high-ranking government positions and are now calling on the federal government to correct several areas of patent law that have improperly tilted the playing field in fa
Erik K Pelton
JULY 25, 2023
The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO). Erik explains what the TTAB is, the types of cases it handles, and how it functions in this podcast. The post What Is the TTAB? appeared first on Erik M Pelton & Associates, PLLC. The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO).
TorrentFreak
JULY 5, 2023
Over the past several years, adult entertainment company Strike 3 Holdings has filed thousands of cases in U.S. federal courts. The company, known for its Blacked, Tushy, and Vixen brands, targets people whose Internet connections were allegedly used to download and share copyright-infringing content via BitTorrent. Track, Sue and Settle These efforts, often referred to as so-called ‘copyright-trolling’, are pretty straightforward.
Intellectual Property Law Blog
JULY 25, 2023
This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi. During the meeting, Ragner showed documents detailing the manufacturing process of a collapsible hose and demonstrated a prototype of the hose.
IP and Legal Filings
JULY 7, 2023
NUISANCE Nuisance, derived from the French term “nuire,” which means to “annoy” or “cause harm,” is the foundation of the tort known as nuisance under common law. The term “nuisance” refers to any act or omission that results in hereditaments or tenements belonging to another person, or annoyance of the lands, or to the hurting of a person’s right to remain on his premises, but does not amount to trespassing on the property.
Plagiarism Today
JULY 17, 2023
Last week, the fashion bran Shein was hit with a copyright and trademark lawsuit. However, the case also alleges racketeering. Why? The post Racketeering and Copyright: Understanding the Shein Lawsuit appeared first on Plagiarism Today.
IP Watchdog
JULY 10, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision finding the Patent Trial and Appeal Board (PTAB) erred in too narrowly confining its motivation-to-combine inquiry and improperly limiting its definition of the relevant art to hold that Axonics, Inc. had failed to prove Medtronic, Inc.’s patent claims obvious.
Erik K Pelton
JULY 25, 2023
The following is an edited transcript of my video Will AI Change Trademarks? Let’s discuss artificial intelligence (AI) in general, and whether it’s going to affect and impact the world of trademarks, and filing and registering trademarks. Some of my attorney colleagues are up in arms, wondering if their jobs are going to be replaced by AI the next five years.
TorrentFreak
JULY 4, 2023
In recent years, pirate streaming platforms have surpassed torrent sites and direct download portals in terms of popularity. These portals offer the ‘on-demand’ convenience many people have grown accustomed to. For site operators, the streaming business also has its advantages. Piracy as a Service The streaming boom has created a new branch of pirate entrepreneurs that offer “piracy as a service” This includes platforms that provide access to a library of pirated content,
Intellectual Property Law Blog
JULY 25, 2023
After considering comments from various stakeholders for nearly a year, on July 24, 2023, the USPTO issued the revised interim Director Review Process. Among other changes, the revised process now permits parties to request the Director Review on institution decisions in America Invents Act (AIA) proceedings. This is a significant expansion of the scope of director review, which allows petitioners who had no appeal options to an IPR denial to now have at least one avenue of review of an institut
SpicyIP
JULY 1, 2023
Image by rawpixel.com on Freepik The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice. Of these, 103 applicants have passed the exam. With regard to the Patent Agent Exam, of 5695 candidates who appeared for the examination, 716 had earlier qualified for the viva voice.
Plagiarism Today
JULY 19, 2023
A new ruling in the 9th Circuit was a major win for both Instagram and the server test. Here's what it means for both moving forward. The post Instagram and the Server Test Win 9th Circuit Challenge appeared first on Plagiarism Today.
IP Watchdog
JULY 6, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. Apple had asked the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it could proceed to registration.
Erik K Pelton
JULY 24, 2023
B-I-N-G-O … have fun with our new game board as you look for brands around you to try to complete the BINGO! The post Trademark Bingo appeared first on Erik M Pelton & Associates, PLLC.
TorrentFreak
JULY 9, 2023
To protect copyright holders, YouTube regularly removes, disables, or demonetizes videos that allegedly contain infringing content. While anyone can send a DMCA notice to the platform, most copyright actions come from the Content ID system that can only be used by a select group of copyright holders. For many years the number of claims rightsholders made on YouTube was unknown.
Intellectual Property Law Blog
JULY 21, 2023
This case addresses the construction of the articles “a” and “said” in relation to subsequently recited functions and whether “a” can be restricted to be singular in its meaning. Background Mr. Salazar appealed from the district court’s claim construction and subsequent finding of non-infringement. AT&T cross-appealed on the issue of validity. The claim construction dispute centered around the terms “a microprocessor” and “said microprocessor” capable of “creating,” “retrieving” and “generat
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