Sat.Nov 25, 2023 - Fri.Dec 01, 2023

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Is There an Ethical Way to Use AI Writing?

Plagiarism Today

One year after the launch of ChatGPT, a question lingers: Is there an ethical way to use AI writing? If so, what steps does one need to take? The post Is There an Ethical Way to Use AI Writing? appeared first on Plagiarism Today.

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What Are the Steps in the USPTO Trademark Application Process?

Erik K Pelton

The trademark application process has many twists and turns, and can be better managed with the help of an experienced trademark attorney. The post What Are the Steps in the USPTO Trademark Application Process? appeared first on Erik M Pelton & Associates, PLLC. The trademark application process has many twists and turns, and can be better managed with the help of an experienced trademark attorney.

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AI is Not Creative Per the USCO and the Courts – And That’s a Good Thing

IP Watchdog

Recently, Wen Xie argued on IPWatchdog that the U.S. Copyright Office (USCO) and the U.S. Patent and Trademark Office (USPTO) have reached different conclusions regarding “the creative and conceiving capabilities of machines,” which leads to intellectual property (IP) law being self-contradictory. According to Xie, the USCO presumes that artificial intelligence (AI) is creative, while the USPTO does not reach a similar conclusion regarding AI inventorship.

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Prosecco: a plant variety or geographical indication? Singapore Court says "both"!

The IPKat

Tensions have once again bubbled up to the surface in the dispute between Australia and the European Union about protection of the sparkling wine, 'Prosecco', as a geographical indication. This time, the competing views were laid bare in the recent judgment of the Singapore Court of Appeal in Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Australian Grape and Wine Incorporated [2023] SGCA 37.

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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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Sports Illustrated: AI-Generated Articles, AI-Generated Authors

Plagiarism Today

An article by Maggie Harrison at Futurism takes a look at the use of AI-generated content and AI-generated reporters at Sports Illustrated. According to Harrison, the publication received a tip from insiders at Sports Illustrated that the site was using a slew of fake journalists to serve as bylines for AI-generated content. When they investigated, … The post Sports Illustrated: AI-Generated Articles, AI-Generated Authors appeared first on Plagiarism Today.

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The WIPO Madrid Protocol’s International Trademark Filing System Part 2

Erik K Pelton

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ For Part 1, see here. ] Here is more about how the Madrid System works: To obtain trademark protection in other countries, the owner will need a basic application or registration filed with a country with which: you have a personal or commercial relationship, and which is a part of the Madrid system Once you have the application or registration, you will file for yo

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More Trending

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Court: Cloudflare is Liable for Pirate Site, But Not as a DNS Provider

TorrentFreak

Popular Internet infrastructure service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. Cloudflare Must Stop Pirate Site Pirate sites have proven to be quite a headache for Cloudflare and have landed the San Francisco-based tech company in court on several occasions.

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Understanding The JerryRigEverything/Casetify Copyright Battle

Plagiarism Today

Zack Nelson, the man behind JerryRigEverything, claims that Casetify copied his and dbrand's work. And he has significant proof. The post Understanding The JerryRigEverything/Casetify Copyright Battle appeared first on Plagiarism Today.

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Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

JD Supra Law

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors so long as the term is included in a written contract. Even where an employee uses generative artificial intelligence (“GenAI”) to either generate an entire set of code or review their code for errors, the employer typically maintains ownership of the code.

Editing 123
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AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case

The IP Law Blog

The Delaware District Court’s Ruling on cross-motions for summary judgment in the case of Thomson Reuters v. Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense.

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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.

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Copyright Cases Visual Artists Should Know: Part 1, Copyrightability

Copyright Alliance

What do Andy Warhol’s Campbell’s Soup Cans, Yayoi Kusama’s Pumpkin, and David Hockney’s Portrait of an Artist (Pool with Two Figures) have in common? You guessed it—they are works of […] The post Copyright Cases Visual Artists Should Know: Part 1, Copyrightability appeared first on Copyright Alliance.

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Professor Wins Default Judgement Against Essay Mill

Plagiarism Today

The Copyright Claims Board awarded a business professor $1,200 in damages from an essay mill that infringed him. But can he collect? The post Professor Wins Default Judgement Against Essay Mill appeared first on Plagiarism Today.

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Navigating Generative Artificial Intelligence in the Corporate World: Striking the Right Balance

JD Supra Law

Since the public release of ChatGPT in November 2022, generative artificial intelligence (GenAI) has quickly emerged as a potentially transformative technology. In the corporate world, GenAI tools have the potential to help companies produce better results faster in a number of areas, such as software development, expertise automation, document management and generation, contract and predictive analytics, marketing and content generation.

Contracts 120
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The Generative AI Fair Use Defense Under Google Books

The Illusion of More

After the Supreme Court’s decision in AWF v. Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light. As discussed on this blog and elsewhere, caselaw has produced two frameworks for considering whether […] The post The Generative AI Fair Use Defense Under Google Books appeared first on The Illusion of More.

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IPKat Book of the Year Awards 2023

The IPKat

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. But there can be only one winner (per category) of this prestigious prize, so vote wisely. As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geo

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3 Count: xQc Shutdown

Plagiarism Today

Cloudflare gets split decision in Germany, ACE shutters Egyptian pirate site and xQc's YouTube channel closed over copyright strikes. The post 3 Count: xQc Shutdown appeared first on Plagiarism Today.

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Toyota Practical Problem Solving (PPS)—Introduction

Christopher Roser

Lean is a lot of problem solving. Toyota excels at such problem solving, and they have developed their practical problem solving (PPS) approach. For many it is surprising how much time Toyota spends on defining and understanding the problem, whereas (many in) the rest of the world immediately jump to a (possibly inferior) solution. Let me. Read more The post Toyota Practical Problem Solving (PPS)—Introduction first appeared on AllAboutLean.com.

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Copyright Cases Visual Artists Should Know: Part 3, Fair Use

Copyright Alliance

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

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BMI’s Insult that Keeps On Insulting! @hypebot: Radio doesn’t pay performers, but iHeart will get $100M from BMI sale to Google/Private Equity

The Trichordist

Bruce Houghton at Hypebot explains how BMI are not only screwing songwriters, but screwing artist/songwriters TWICE.

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3 Count: High Nerds

Plagiarism Today

Delta-8 THC gets boost in trademark/copyright case, popular sports highlight channel shuttered and Google ads appear on pirate sites. The post 3 Count: High Nerds appeared first on Plagiarism Today.

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Referral on description amendments moves one step closer (T 56/21)

The IPKat

We have moved one step closer to a referral to the Enlarged Board of Appeal on description amendments. As previously reported , in appeal case T 56/21 the Board of Appeal invited the applicant (Roche) to request a referral to the EBA on the question of compulsory adaptation of the description in line with the claims. The applicant has subsequently submitted their request for a referral.

Invention 111
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Copyright Cases Visual Artists Should Know: Part 2, Authorship

Copyright Alliance

In the previous blog post in this series (Part 1), we presented and discussed several visual arts copyright cases addressing the issue of copyrightability. In this blog, we look at […] The post Copyright Cases Visual Artists Should Know: Part 2, Authorship appeared first on Copyright Alliance.

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Several Piracy-Related Arrests Spark Fears of High-Level Crackdown

TorrentFreak

Over the past few years, increased enforcement by players in both the private and public sectors has made Denmark one of the riskiest places in Europe for pirate site operators and prolific file-sharers. Relentless pushback from local anti-piracy group Rights Alliance and its partnership with Denmark’s Special Crime Unit (National enhed for Særlig Kriminalitet (NSK)) has led to many site closures, arrests, and subsequent prosecutions.

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3 Count: Ad Astra

Plagiarism Today

Disney wins dismissal of Ad Astra case, Chinese court says AI works can be copyright protected, and Operation 404 shutters 600+ pirate sites. The post 3 Count: Ad Astra appeared first on Plagiarism Today.

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When One Door Closes, Try Reexam: TikTok Filing Underscores USPTO Forum Shopping Problem

IP Watchdog

Here we go again! We’ve heard the story in the past, which is sadly all too common. A patent owner prevails in federal district court, and also prevails at the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) challenge, but somehow finds themselves still fighting an ex parte reexamination. How is this possible? Perhaps something will be done—this time—because the abusive, harassing challenger is Chinese company TikTok, who is seeking to invalidate the very same claims it fail

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UK AI Regulation Bill

Barry Sookman

A private members Bill introduced into the UK House of Lords entitled the Artificial Intelligence (Regulation) Bill [HL] is an example of a model agile law to regulate AI. It may provide a roadmap as to how to improve AIDA, a draft law that is part of Bill C-27 and widely acknowledged to be flawed. Like AIDA, it permits a Minister, the Secretary of State, to enact regulations to govern AI systems.

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PTAB Scratches Out Some Oil-Dri Kitty Litter Patent Claims

IP Law 360

Some of mineral company Oil-Dri Corp. of America's patent claims for "clumpable" cat litter were invalid as anticipated or obvious, the Patent Trial and Appeal Board has ruled.

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3 Count: Piling On

Plagiarism Today

Open AI and Microsoft face another lawsuit, mural painted over after a copyright complaint and phone cases spark new lawsuit. The post 3 Count: Piling On appeared first on Plagiarism Today.

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USPTO Announces Fast-Track Pilot for Semiconductor Tech Patents

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced today that it is launching a pilot program to help promote semiconductor innovation by expediting examination for qualifying patents. The program is meant to support the objectives of President Biden’s Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act, which was signed into law in August 2022.

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Infographic | Influencers: what you need to know about IP

Olartemoure Blog

In the world of content creation, your originality is your superpower. In the digital world, and working with visuals and sometimes with external brands, you navigate a potential minefield of IP risks. It’s very important for you to protect yourself and your creative gems! WHY IS INTELLECTUAL PROPERTY CRUCIAL FOR INFLUENCERS? Provides Stronger Defense: Registration helps defend your creations better in case of disputes.

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Google Bans ‘Downloader’ Again Following Markscan DMCA Notice

TorrentFreak

Created by software developer Elias Saba and released on the Amazon Appstore in November 2016, ‘Downloader’ offered two things; an empty URL field and a download button. Downloader was intentionally basic but as a former Fire TV Product Manager at Amazon, Saba knew that a simple tool to transfer files would solve a fundamental shortcoming. Over 50 million installs of Downloader to date speak for the software’s popularity but in May 2023, progress came to a screeching halt.

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A Techno-Realist Response to the Techno-Optimist Manifesto

The Illusion of More

During Thanksgiving break 2013, when this blog was still new, I wrote a post in response to the techno-exceptionalism expressed by then Google Chairman Eric Schmidt and co-author Jared Cohen. Drawing parallels to the mythology of the Puritan adventure to North America, I found fault—as I still do—with the blind faith we were asked to […] The post A Techno-Realist Response to the Techno-Optimist Manifesto appeared first on The Illusion of More.

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I have met the bloggers, and they are us!

Likelihood of Confusion

Nice event last night at “Meet the Bloggers VII” otherwise not in the least bit known as the “IP Law BlogFestivus.” You may want to check out the resultant IP Law BlogDex. The post I have met the bloggers, and they are us! appeared first on LIKELIHOOD OF CONFUSION™.

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Former Clerks Say Justice O'Connor Still Worth Emulating

IP Law 360

BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

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Operation 404: USDOJ, PIPCU, ACE, MPA, IFPI, ESA, EPL & More Target Pirate Sites

TorrentFreak

Over the past four years, anti-piracy campaign Operation 404 has become a permanent fixture in the enforcement calendar with the results of new phases announced every few months. The results of the fifth wave of Operation 404 were released in March 2023 ; around 200 illegal streaming and gaming sites, 128 domains and 63 music apps were reported blocked, with raids on locations across Brazil leading to 11 arrests.