Plagiarism Today
AUGUST 9, 2023
Author Jane Friedman faced an unusual problem: Reverse plagiarism. However, it's becoming much more common and the industry is not ready. The post Amazon and the Problem of Reverse Plagiarism appeared first on Plagiarism Today.
JD Supra Law
AUGUST 31, 2023
The U.S. District Court for the District of Columbia recently found that human prompting of AI-generated works does not satisfy the “authorship” requirement for copyright protection. Under the Copyright Act of 1976, copyright protection attaches “immediately” upon the creation of “original works of authorship fixed in any tangible medium of expression,” provided those works meet certain requirements.
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TorrentFreak
AUGUST 30, 2023
For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. The company also has many other tools to browse and organize the web, including the Chrome browser and YouTube. All these products and services fall under the umbrella of the company Alphabet.
Hugh Stephens Blog
AUGUST 10, 2023
Like many people, my daughter is interested in acquiring a hybrid vehicle, to save on gas and to help save the planet. Among the models she has been looking at is the Toyota Prius, so when I saw a review of the 2023 Prius in the Driving section of my local paper, the Victoria Times-Colonist, … Continue reading "Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!
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?
Erik K Pelton
AUGUST 31, 2023
The following is an edited transcript of my video What Are the DuPont Factors in a Trademark Confusion Analysis? A topic that comes up all the time in our line of work is the DuPont factors, and the analysis of them. This famous case (called I n re E. I. DuPont DeNemours & Co. , from the Court of Patent Appeals in 1973, that then became known as the Court of Appeals for the Federal Circuit) laid out the factors for analyzing a likelihood of confusion in any comparison of trademarks at the US
Intellectual Property Law Blog
AUGUST 30, 2023
This case is an appellate review of the district court’s findings regarding patent obviousness and priority date. Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. Amgen also owns three patents — the ’638, ’101, and ’541 patents — covering Otezla.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 31, 2023
In litigation news. For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4, 2023 in the Western District of Texas.
IP Watchdog
AUGUST 31, 2023
On August 30, the U.S. Copyright Office issued a notice of inquiry in the Federal Register seeking public comment on a range of issues related to the intersection of copyright law and artificial intelligence (AI). The recent notice is the latest action by the Office on the myriad of copyright issues that have been arising around the use of generative AI platforms including infringement liability for training AI systems on copyrighted content and human authorship requirements.
Hugh Stephens Blog
AUGUST 18, 2023
The platform for exchange of ideas and expression provided by the internet is, as I think everyone today now knows, a two-edged sword. It can empower thinkers and promote freedom, but it can also provide a platform for anonymous spewers of hatred and misinformation in all its forms. The question of who is responsible for … Continue reading "Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?
Erik K Pelton
AUGUST 30, 2023
Erik shares key tips based on frequently asked questions our firm has received regarding TTAB hearings in this podcast. The post 4 Tips for a TTAB Hearing appeared first on Erik M Pelton & Associates, PLLC. Erik shares key tips based on frequently asked questions our firm has received regarding TTAB hearings in this podcast.
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Intellectual Property Law Blog
AUGUST 10, 2023
Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case exceptional. Background In 2016, OneSubsea brought an infringement suit against FMC alleging infringement of ten patents directed generally to “subsea recovery of production fluids from an oil or gas well.
Plagiarism Today
AUGUST 31, 2023
The US Copyright Office has announced a new public comment period on the subject of AI and copyright. Here's how to participate. The post US Copyright Office Seeks Comment on AI appeared first on Plagiarism Today.
TorrentFreak
AUGUST 29, 2023
Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well. From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted? And can an AI be trained on copyrighted works without limitation? Authors Sue OpenAI According to several authors, large language model training sets shouldn’t be permitted to use every piece of text they come across onl
Copyright Alliance
AUGUST 31, 2023
This is the third and final edition of our blog on insightful movie copyright cases for film and TV industry professionals. Part 1 of the blog addressed copyright infringement and […] The post Movie Copyright Cases Filmmakers Should Know: Part 3, Copyright Authorship appeared first on Copyright Alliance.
Technology & Marketing Law Blog
AUGUST 31, 2023
A Twitter user sued over his account suspension. The court dismissed the case without prejudice. Blog post coverage of that ruling here. The user tried again. Same result. Section 230. Twitter qualifies for the standard three-element test for 230: Twitter is an ICS provider. “Plaintiff seeks to hold Twitter liable for decisions regarding “information provided by another information content provider”—that is, information he and the third-party user, rather than Twitter, provided.”
Erik K Pelton
AUGUST 24, 2023
The following is an edited transcript of my video Will AI Change Trademarks ? Artificial intelligence has been in the news in 2023. And a lot of that is due to the amazing tool ChatGPT, which is a breakthrough in terms of artificial intelligence technology. The company, OpenAI, that built ChatGPT, was valued at $29 billion recently. And yet, they only filed the trademark application for ChatGPT a few weeks ago, and they only filed for OpenAI last year.
Intellectual Property Law Blog
AUGUST 9, 2023
Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.
Plagiarism Today
AUGUST 31, 2023
Karol G faces lawsuit over Don't Be Shy, UK MPs push back on AI proposal and Google removes infringing links from private saves. The post 3 Count: Don’t Be Shy appeared first on Plagiarism Today.
JD Supra Law
AUGUST 30, 2023
The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v. Shira Perlmutter and The United States Copyright Office (1:22-cv-01564) (June 2, 2022).
TorrentFreak
AUGUST 29, 2023
The recent release of The Pirates vs The Premier League podcast series was a great opportunity to hear fresh voices and opinions on the Premier League’s piracy problems. The Premier League has had piracy issues since its inception, although fundamentally no different to those endured by its broadcasting partners years before the Premier League even existed.
The IP Law Blog
AUGUST 31, 2023
On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act. Those proceedings include inter partes review and post grant review.
Erik K Pelton
AUGUST 23, 2023
Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast. The post August 2023 TPAC Meeting Summary appeared first on Erik M Pelton & Associates, PLLC. Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast.
Intellectual Property Law Blog
AUGUST 2, 2023
This case addresses the validity of patents asserted against a high-density fiber optic equipment importer in violation of § 337. In particular, this case discusses enablement and claim construction as it relates to interpretation of open ended ranges and plural claim language. Background Corning Optical Communications LLC (“Corning”) filed a complaint with the International Trade Commission (“ITC”) alleging that FS.COM violated § 337 by importing high-density fiber optic equipment into the Unit
Plagiarism Today
AUGUST 30, 2023
When students who want to cheat can generate an essay on the spot, what will essay mills do to keep customers buying? The post What is Next for Essay Mills? appeared first on Plagiarism Today.
JD Supra Law
AUGUST 29, 2023
One of the hot-button issues that generative artificial intelligence (AI) has raised is whether works created by AI engines are copyrightable. In one of the first decisions on this issue, the D.C. District Court recently found that works created solely by AI engines are not eligible for copyright protection.
TorrentFreak
AUGUST 31, 2023
A few weeks ago, Lithuania amended its Code of Administrative Offenses, allowing media watchdog LRTK to fine pirates, without going to court. This legislative change is the latest attempt to deter piracy in the European country. The potential fines should make pirates reconsider their habits, the idea goes. Monitoring Pirates While this plan may be sound on paper, there are some challenges to overcome.
SpicyIP
AUGUST 31, 2023
Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. We are pleased to bring you a guest post by our former SpicyIP Intern Ishant Jain, who shares his opinion on this question.
Erik K Pelton
AUGUST 17, 2023
The following is an edited transcript of my video Filing Your Trademark Application Early: A Cautionary Tale. It’s very important to file your trademark for protection as early as possible for a variety of reasons. One reason is that USPTO takes a really long time, but more importantly, protection begins in many instances when the trademark application is filed, and so it can be a big difference filing now versus filing a year from now.
Intellectual Property Law Blog
AUGUST 2, 2023
The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious. Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes.
Plagiarism Today
AUGUST 30, 2023
OpenAI moves to trip authors' lawsuit, Persona 3 to use Denuvo DRM and the US Copyright Office wants your thoughts on AI. The post 3 Count: AI Battles appeared first on Plagiarism Today.
The IPKat
AUGUST 30, 2023
Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. These cases have been on-going for approximately 35 cat-years or five human years. A summary judgment was previously denied - covered here. As such, the case proceeded to trial in April 2023 in a US Federal Court in Manhattan.
TorrentFreak
AUGUST 30, 2023
If piracy had its own Olympics, Russian competitors would be among the favorites to bring home the gold, or so the stereotype dictates. Yet for the last 18 months, multiple threats to legalize piracy of Western movies have not only faltered, but have thus far reached no obvious conclusion. From former president Dimitry Medvedev who called for mass piracy out of spite, to reluctant cinema workers with no movies to screen but families to feed, the value of Hollywood’s movies was there for th
SpicyIP
AUGUST 31, 2023
Image from studio tdes here Right to Information (RTI) Act, 2005 has been in the news for the last few days, especially for its dilution at the hands of the Digital Personal Data Protection Act, 2023 which takes away the public interest test while exempting personal information from the RTI Act. (See here and here for more on this). While this move has the potential to severely impact the efficacy of the RTI Act, I recently came across two other cases that can strengthen the RTI framework.
Erik K Pelton
AUGUST 16, 2023
Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand. The post Bold Branding: The Little Touches Make a Big Difference appeared first on Erik M Pelton & Associates, PLLC. Erik shares bold branding insights on one of his favorite things in this video, and discusses how little touches make a big difference to elevate a brand.
Intellectual Property Law Blog
AUGUST 1, 2023
This case addresses obviousness under 35 U.S.C. § 103 in relation to a method of increasing prostacyclin release to reduce hypertension in a patient. In particular, this case discusses issues relating to motivation to combine, unexpected results, and objective indicia of nonobviousness. Background John L. Couvaras filed U.S. Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodil
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