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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
An appeals court has ruled the way the US Copyright Office handles the deposit requirement is unconstitutional. Here's what that means. The post Appeals Court Rules Against Mandatory Deposit appeared first on Plagiarism Today.
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.
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.
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?
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.
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.
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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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.
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.
The sudden closure of torrent site RARBG three months ago will be remembered as one of the most significant since the invention of the protocol, and despite competition from a laundry list of candidates. Operating a large public torrent site for 15 years is a considerable feat. Doing so in an incredibly hostile environment, as one of the world’s most recognizable ‘pirate’ brands, is certainly unusual.
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.
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.
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.
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.”
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
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.
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).
The U.S. Patent and Trademark Office (USPTO) has called their 2.4 million square foot headquarters in Alexandria, Virginia home since 2005. But the agency does not actually own the cutting-edge facility located in the Carlyle neighborhood near the Potomac riverfront. Instead, the USPTO has leased the complex from New York-based real estate owner LCOR.
Two years ago, Spanish-born movie tycoon Carlos Vasallo sued YouTube at a Florida federal court over various piracy-related claims. The actor and producer owns the rights to the world’s largest collection of Mexican and Latin American movies, many of which are illegally shared on YouTube. The lawsuit accused YouTube of not doing enough to stop people from uploading pirated copies of Vasallo’s content.
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 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.
Well, it finally happened. After criticizing the worst effects of social media for over 10 years, I was finally hacked, locked out of my Facebook account, and (I assume) will be unable to restore any of the material or connections going back to 2007. I’m sharing the details in this post because what I now […] The post Hacked Off at Facebook appeared first on The Illusion of More.
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 Copyright Claims Board has issued another decision, this time awarding $3K to a photographer in a default judgment. The post CCB Awards Photographer $3K in Default Decision appeared first on Plagiarism Today.
Yesterday, in the Federal Register, the U.S. Copyright Office issued a notice of inquiry (NOI) regarding copyright and artificial intelligence (AI). The Office has decided to do a study on whether legislative or regulatory steps are necessary to address the copyright law and policy questions that arise from generative AI.
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.
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.
Rapper Future wins When I Think About It case, US Copyright Office declines to review Mechanical royalties and more! The post 3 Count: Future Victory appeared first on Plagiarism Today.
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.
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.
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
Buffalo artist targets local companies over mural images, Nintendo Switch to get DRM and BMI sale just a rumor, for now. The post 3 Count: Non-Roaming Buffalo appeared first on Plagiarism Today.
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.
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.
As discussed in an earlier post, Valancourt Books, a small, on-demand publisher, filed suit against the Copyright Office and the Department of Justice and argued that the Office’s demand for physical copies of published books is unconstitutional. Valancourt alleged that the authority granted by §407 of the Copyright Act to demand the copies (or be […] The post What Does the Valancourt Decision Mean for Most Creators?
Reading Time: < 1 minutes Navigating disability benefits If I get hurt or fall sick and have to take time off, how can I get paid? What are my options if I don’t have disability insurance? What happens if I get fired while I’m on disability benefits? Navigating your rights when it comes to disability benefits can feel overwhelming, especially when already dealing with an injury or illness.
On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. The role of these manuals and guidelines is paramount as they help in implementing the provisions of the Statute and Rules in a more streamlined manner by the officers and gives an insight
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