Erik K Pelton
JULY 11, 2023
When we think of intellectual property, we often think of trademarks, copyrights, and patents. Trade secrets (think Coca-Cola recipe, WD-40 blend, and Google algorithm) are also considered intellectual property and are protected as such, with some key differences. Erik provides more detail in this podcast. The post What is Trade Secret Protection? appeared first on Erik M Pelton & Associates, PLLC.
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?
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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.
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.
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
JULY 8, 2023
The following is an edited transcript of my video Why Some Trademarks Receive More Protection Than Others. Not all trademarks are created equal. Some are entitled to more protection than others. A trademark can be anything that indicates the source of a business’s products or services, and can include: words logos slogans colors sounds shapes (product or product packaging) building shapes Let’s focus on word marks and why some get more trademark protection.
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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.
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
Velocity of Content
JULY 14, 2023
Meta , the parent company of Facebook , and OpenAI , creators of ChatGPT , are facing numerous copyright infringement lawsuits from authors and artists. In recent weeks, Paul Tremblay, Mona Awad, Sarah Silverman, Christopher Golden, and Richard Kadrey have all filed litigation , “accusing the companies of using the authors’ copyrighted books without consent to ‘train’ their artificial intelligence software programs,” reports the Los Angeles Times.
Plagiarism Today
JULY 10, 2023
Sarah Silverman and other authors sue Meta and OpenAI, film companies seek Redditor identities and how piracy hurts boxing PPVs. The post 3 Count: Artificial Comedians appeared first on Plagiarism Today.
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TorrentFreak
JULY 9, 2023
Over the past couple of decades, thousands of people have leveraged the masses of pirated content available online to make a few bucks here and there. Others have thrown caution to the wind and set out in search of the big money. Launching full-blown pirate platforms or platforms that claim to be legitimate (but were actually full-blown pirate platforms), many believed that one day it would either be free drinks at the bar, or many years behind them.
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.
Velocity of Content
JULY 13, 2023
After introducing The State of Scholarly Metadata: 2023 interactive report this April at the London Book Fair, we have continued to facilitate conversations about the importance of quality metadata with those in scholarly communications. As part of our goal to continuously explore these challenges with the broader community, CCC is pleased to host a virtual panel, The State of Scholarly Metadata in 2023: Industry Insights From Around the Globe , on Thursday, 20 July at 11 AM EDT.
Plagiarism Today
JULY 12, 2023
Google faces class action lawsuit over AI, French news groups take Twitter to court and translator plans to sue the British Museum. The post 3 Count: Bard Battle appeared first on Plagiarism Today.
TorrentFreak
JULY 11, 2023
Few countries welcomed pirate site blocking measures as they spread across the world over the past 15 years. Australian citizens were as vocal in opposition as expected but in common with their overseas counterparts, eventually accepted that blocking is here to stay. The Australian government recently released the 2022 edition of its Consumer Survey on Online Copyright Infringement.
IP Watchdog
JULY 9, 2023
Anyone reading this by now knows of the current situation with Judge Pauline Newman and the investigation initiated by Chief Judge Moore. As a former chief judge of the Court of Appeals for the Federal Circuit, I understand the challenges of overseeing smart, independent, and strong-willed judges, and I’ve gained a somewhat unique perspective on the ongoing saga, albeit as an outsider.
IP Law 360
JULY 12, 2023
Federal Circuit Judge Pauline Newman is losing confidence in her court. While she's being kept off cases amid an investigation into allegations of incompetence and misconduct, she is questioning whether the court she helped create four decades ago was a good idea.
Plagiarism Today
JULY 13, 2023
A scientist has filed a lawsuit against the journal PLOS One seeking an injunction against an expression of concern on one of her articles. The post Scientist Sues Journal to Block Expression of Concern appeared first on Plagiarism Today.
Velocity of Content
JULY 10, 2023
Science publications are typically written by scientists and for scientists, yet the audience for science is far wider, especially any reporting on medical breakthroughs in treatments of serious diseases. While plain-language summaries of articles and abstracts are increasingly available, the story is more complicated than plain. In June, ISO, the International Organization for Standardization , based in Geneva, issued principles and guidelines for plain language.
IP Watchdog
JULY 13, 2023
On July 12, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property held its second hearing in two months on the intersection of artificial intelligence (AI) developments and intellectual property rights. This most recent hearing focused on potential violations of copyright law by generative AI platforms, the impact of those platforms on human creators, and ways in which AI companies can implement technological solutions to protect copyright owners and consumers alike.
Likelihood of Confusion
JULY 9, 2023
Sometimes, just when a copyright dispute is getting very interesting, the parties go and do the unthinkable: They resolve their differences like reasonable people, and then there’s nothing left to. The post Fight for your right to parody. Or don’t. appeared first on LIKELIHOOD OF CONFUSION™.
Plagiarism Today
JULY 10, 2023
Twitter responded to the launch of Meta's Threads with legal threats. Here's a look at what they may be planning to sue for. The post What Could Twitter Sue Treads (Meta) For? appeared first on Plagiarism Today.
Patently-O
JULY 12, 2023
Guest post by Marlene Koffi , Assistant Professor of Economics, University of Toronto and NBER Faculty Research Fellow. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here.
IP Watchdog
JULY 12, 2023
As one of the three Chief Judges to follow Chief Judge Michel, I commend his thoughtful and thorough analysis of the embarrassing and damaging petition challenging Judge Pauline Newman’s competency and compliance with Judicial Council orders. I would guess that all of those Chief Judges, including me, dealt with delicate issues involving aging colleagues, yet these occasions did not engender vast controversy and violations of medical privacy.
Michael Geist
JULY 13, 2023
The implications of the legislative disaster that is Bill C-18 continue to unfold as Canadian Heritage Minister Pablo Rodriguez is now essentially doing precisely what he said would not do, namely negotiate with the big tech platforms over government mandated payments for news links. Rodriguez had long claimed that the bill was designed to keep the government out of the issue and to leave it to the platforms and media companies to craft agreements.
Plagiarism Today
JULY 11, 2023
DaBaby dismissed from Levitating lawsuit, large Spanish-language pirate site closed, and YouTube Content ID is busier than ever. The post 3 Count: DaBaby DaDismissed appeared first on Plagiarism Today.
IP Law 360
JULY 11, 2023
Federal Circuit Judge Pauline Newman and the court's judicial council have been ordered to mediate their dispute over whether the 96-year-old Judge Newman is still competent to remain on the bench, offering a possible off-ramp for bitter litigation over a sensitive topic that's generally discussed only behind closed doors.
IP Tech Blog
JULY 12, 2023
The use of artificial intelligence (“ AI ”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. A recent US case, concerning a comic book which included AI-generated images, offers an opportunity to contrast the two countries’ approaches to AI-generated work in more detail.
Likelihood of Confusion
JULY 8, 2023
Via fashionista-lawyer-to-the-fashionista-stars Olivera Medenica, it’s time to roll up for the Federal Bar Association‘s 2016 Fashion Law Conference at the Parson’s School of Design! Look, here’s the text I copied. The post Fashion Law at the Federal Bar Association appeared first on LIKELIHOOD OF CONFUSION™.
IP Watchdog
JULY 10, 2023
This week in Washington IP news, the Senate IP subcommittee will hear about the potential impact of AI on copyright law. Elsewhere, the House Judiciary Committee plans to grill FTC Chair Linda Khan and the House Space Committee will talk about how the U.S. can maintain its leadership position in the commercial space industry.
Copyright Lately
JULY 8, 2023
A new complaint involving competing pooping puppy puzzles shows why drawing the line between ideas and expression can be difficult business. 2023 is shaping up to be a year of crappy IP lawsuits. In January, BMG sued over a glitter-pooping unicorn doll that sings “ My Poops ” to the tune of the Black Eyed Peas pop-rap hit “ My Humps.” Then in June, the Supreme Court decided a trademark dispute sparked by a poop-themed dog toy that resembles a Jack Daniel’s liquor bottle.
Art Law Journal
JULY 10, 2023
Unlock the secrets to identifying copyright free images with our expert guide. Learn how to navigate complex legal landscapes and unearth a wealth of artistic inspiration, ensuring your creative projects stay within the law.
SpicyIP
JULY 10, 2023
Last week, we had some interesting discussions on the blog and saw some important IP development across the courts. We featured a total of 5 posts discussing 2 significant orders from the Karnataka High Court on Twitter’s writ petition against blocking orders issued by the GOI, and on the copyright infringement complaint filed against the Indian National Congress.
Technology & Marketing Law Blog
JULY 9, 2023
The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The applicant argued that it was a different symbol because this one is a left-handed symbol, while the ASL symbol is right-handed.
TorrentFreak
JULY 14, 2023
The Internet Archive (IA) is a non-profit organization that aims to save the history of the Internet for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. Today, IA has more than 800 billion pages in its archive and offers a broad collection of digital media, including books.
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