Plagiarism Today
MAY 2, 2024
Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.
IP Law 360
MAY 10, 2024
A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.
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Michael Geist
MAY 13, 2024
This is a post I never thought I would need to write in 2024. I have been a law professor at the University of Ottawa for nearly 26 years and the principle that all students, regardless of race, gender, religion, or sexual orientation have the right to be safe and feel safe on campus and in classrooms has been inviolable and accepted as central to our academic mission.
TorrentFreak
MAY 11, 2024
The fourth installment of Marvel’s Captain America film series is scheduled to be released February next year. Captain America: Brave New World is directed by Julius Onah and will star Anthony Mackie in the role of Samuel Wilson, better known to the broader public as “Captain America” In the lead-up to the film’s premiere, there’s been no shortage of rumors and leaks.
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?
The IPKat
MAY 24, 2024
The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here ). This is the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.
JD Supra Law
MAY 30, 2024
In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Patently-O
MAY 24, 2024
by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The memo, signed by USPTO Director Kathi Vidal, aims to immediately align USPTO practices with the more flexible approach outlined by the Federal Circuit, which eli
IP Watchdog
MAY 9, 2024
If you have done a search for just about anything using Google, you have no doubt at one time or another stumbled across Reddit, the self-described “home to thousands of communities, endless conversation, and authentic human connection.” Regardless of what you are interested in, there is a community and conversation to be found on Reddit. For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4
Technology & Marketing Law Blog
MAY 17, 2024
by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. A platform sues a web scraper in the Northern District of California for (among others) a breach of its Terms of Service (ToS) —and the platform loses.
The IPKat
MAY 18, 2024
After two decades of discussion, studies, and negotiations , WIPO is finally hosting the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge at its headquarters in Geneva from 13-24 May. This builds on the work of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), established in 2000.
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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.
JD Supra Law
MAY 13, 2024
“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed system, and if the data is used for a large language model,” said Leonard Dietzen and Jacey Kaps, CIPP/US, Partners at RumbergerKirk.
Plagiarism Today
MAY 8, 2024
For most creators, copyright registrations aren't practical. However, AI may give some a reason to change their mind. The post Why AI Makes Copyright Registration More Important appeared first on Plagiarism Today.
Patently-O
MAY 21, 2024
by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. LKQ Corp. v. GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed. Cir. May 21, 2024) (en banc). The court held that the two-part test’s requirements that 1) the primary reference must be “basically the same” as the claimed design, and 2) any secondary references must be “so related”
IP Watchdog
MAY 13, 2024
While it’s appropriate to lament the lack of bipartisan cooperation in Washington, just because something’s bipartisan doesn't mean it’s a good idea. Exhibit A could be Senator Tammy Baldwin (D-WI) and Senator J.D. Vance’s (R-OH) “Invent It Here, Make It Here” bill. Despite the name and its good intentions, it condemns promising federally funded inventions to waste away without doing a thing to build our domestic manufacturing base.
TorrentFreak
MAY 4, 2024
After two decades online and maybe even a few more under Divxstation branding right at the beginning, veteran subtitle download site Subscene.com has finally thrown in the towel. In various guises, linked to specific geographic regions, perhaps as many as 50 domains can be linked to Subscene over the past twenty years. At a time when legal streaming services didn’t even exist, Subscene offered subtitles for large libraries of movies and TV shows in multiple languages.
The IPKat
MAY 7, 2024
Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? The short answer is: yes. And that will be unavoidable too. The real question is therefore another: how to go about doing that? In order to answer this, it is necessary to start from the beginning and retrace the steps of a harmonization process that has led to a framework, which is an understatement to call ‘co
JD Supra Law
MAY 31, 2024
Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI continues to evolve rapidly, we expect to encounter myriad representations and warranties aimed at specific issues in intellectual property rights, data rights, and regulatory compliance relating to AI.
Plagiarism Today
MAY 7, 2024
Yuga Labs announced a new commercial NFT venture. However, the works involved were already placed in the public domain. The post Yet Another NFT Copyright Failure appeared first on Plagiarism Today.
The Illusion of More
MAY 20, 2024
A class-action suit was filed last week by voice actors Paul Lehrman and Linnea Sage against AI developer LOVO, Inc. According to the complaint, LOVO induced the actors to provide recorded material under false pretenses—material which was then used to produce synthetic replicas of their voices to become part of a catalog offered to paying […] The post Voice actors, tricked by LOVO into creating AI replicas, file suit. appeared first on The Illusion of More.
IP Watchdog
MAY 29, 2024
On May 28, a group of five former Directors, Deputy Directors and Patent Commissioners at the U.S. Patent and Trademark Office (USPTO) sent a letter addressed to current USPTO Director Kathi Vidal in opposition to a rule package on terminal disclaimer practice proposed earlier this month. This group of highly-ranking former government officials join a growing chorus of voices who are concerned by the apparent overreach of the nation’s patent granting agency into substantive rulemaking that would
Michael Geist
MAY 16, 2024
When I first wrote about the arrival of Bill S-210 in the House of Commons back in December, I dubbed it the most dangerous Canadian bill you’ve never heard of and warned that “ Senate private members bills rarely become law, but this bill is suddenly on the radar screen in a big way.” Nearly six months later, the bill is closer than ever to becoming law as the Conservatives improbably appear to be doubling down on support and seeking to limit witness testimony through filibuster tactics that co
Kluwer Copyright Blog
MAY 30, 2024
Photo by Dinh Pham on Unsplash As the environmental crisis escalates due to overproduction and overconsumption, there is an increasing recognition of the urgent need for environmental consciousness and a shift towards a sustainable, circular economy (see, in the intellectual property context, Pihlajarinne & Ballardini (2020) , Senftleben (2023) , Calboli (2024) ).
JD Supra Law
MAY 1, 2024
On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.
Plagiarism Today
MAY 13, 2024
Last week, the Supreme Court ruled that a music producer can collect over a decade of damages. What does it mean for you? The post What the Latest Supreme Court Copyright Ruling Means for You appeared first on Plagiarism Today.
TorrentFreak
MAY 2, 2024
Over the last quarter-century the piracy landscape has regularly received major blows from which many believed it could never recover. While in most cases the doomsday scenario never materialized, not all niches are created equally. Those that require a very specific set of skills usually face more complex challenges. When Nintendo sued the company and ultimately the developers of the Yuzu emulator in February, that was a significant event.
IP Watchdog
MAY 16, 2024
Two days after comments closed on the U.S. Patent and Trademark Office’s (USPTO’s) Request for Comments titled “Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace,” several groups have weighed in to urge the Office not to ignore the link between this topic and the Biden Administration’s recent proposal on march-in rights under the Bayh-Dole Act.
Patently-O
MAY 15, 2024
by Dennis Crouch I see the US Supreme Court’s 1912 decision in Henry v. A.B. Dick Co. as a major turning point in American patent and antitrust law. 224 U.S. 1 (1912). The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. But, that decision sparked a major reform effort.
Michael Geist
MAY 24, 2024
Last week I posted on concerns that Conservative MPs were engaged in a prolonged filibuster at the committee study of Bill S-210, a bill the government has called “fundamentally flawed” since it contemplates measures that raise privacy concerns through mandated age verification technologies, website blocking, and extends far beyond pornography sites to include search and social media.
JD Supra Law
MAY 28, 2024
In IOENGINE, LLC v. Ingenico Inc.,2021-1227 (Fed. Cir. May 3, 2024), the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) determination that certain claim features did not carry patentable weight under the printed matter doctrine. This decision is notable, as it concerns the application of the printed matter doctrine to a digital communication.
Plagiarism Today
MAY 23, 2024
Sony sues Marriott over social media posts, Beyonce and Big Freedia sued over samples and photographer sues over wallpaper photo. The post 3 Count: Bounce House appeared first on Plagiarism Today.
TorrentFreak
MAY 10, 2024
In 1983, Sherman Nealy and Tony Butler founded Music Specialist Inc, an independent label that recorded just one album and a few tracks. The venture didn’t score any hits and it eventually dissolved after a few years. Nealy’s personal life was no major success either, as he spent time in prison from 1989 to 2008, and again from 2012 to 2015.
IP Watchdog
MAY 16, 2024
As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically--specifically, a patent geared toward Israeli military technology.
Kluwer Copyright Blog
MAY 13, 2024
In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).
The Trichordist
MAY 1, 2024
Spotify CEO Daniel Ek makes a $350 million bundle off of selling Spotify stock at the same time he extracts profits by reducing songwriter royalties.
JD Supra Law
MAY 7, 2024
Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey fans are now aware that the Coyotes will be relocating to Salt Lake City.
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