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

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Plagiarism Today

AUGUST 29, 2023

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.

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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.

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Michael Geist

SEPTEMBER 1, 2023

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the

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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?

Technology

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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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.

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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.

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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.

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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.

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Patently-O

SEPTEMBER 1, 2023

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.

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Advertiser: IPO

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.

Patent

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).

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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.

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Plagiarism Today

AUGUST 28, 2023

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.

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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.” 

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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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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.

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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.

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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.

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JD Supra Law

SEPTEMBER 1, 2023

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.

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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.

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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.

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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.

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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.

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SpicyIP

SEPTEMBER 1, 2023

We are pleased to bring to you a guest post by Akshay Ajayakumar on the Delhi High Court’s order in Microsoft Corporation v. Zoai Founder. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant for domain name disputes at Sim and San, Attorneys At Law.

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Plagiarism Today

AUGUST 28, 2023

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.

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U.S. Department of Commerce

AUGUST 31, 2023

Congratulations to the 2023 Class of Sustainability, Energy, and Environmental (SEE) Ambassadors! August 31, 2023 ASowah@doc.gov Thu, 08/31/2023 - 11:00 Pictured above: The 2023 Class of SEE Ambassadors. The Sustainability, Energy, and Environmental (SEE) Ambassadors program recognizes individual Departmental employees for their outstanding performance in implementing exceptional cost-saving projects and/or programs that help improve the Department’s sustainability, energy and water efficiency,

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The Illusion of More

SEPTEMBER 1, 2023

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.

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SpicyIP

AUGUST 31, 2023

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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Plagiarism Today

AUGUST 29, 2023

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.

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Legal Zoom

AUGUST 30, 2023

If you've dreamed of starting side business for extra income or to pursue a passion, be sure you're prepared with the right business setup, the right tools, and the right attitude.

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TorrentFreak

SEPTEMBER 1, 2023

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.

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The Illusion of More

AUGUST 31, 2023

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?

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IP Law 360

AUGUST 29, 2023

Federal trademark officials have backed a decision denying a video game developer's bid to register a mark on an image associated with a computer game, saying identifying just a character isn't protected.

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SpicyIP

AUGUST 29, 2023

Image from here On August 23, the Draft Patent (Amendment) Rules, 2023 , were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism. While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the pres

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Patently-O

AUGUST 28, 2023

by Dennis Crouch The publicly traded Australian company IPH Limited continues expanding its global intellectual property services empire. IPH’s latest acquisition is the Canadian IP firm Ridout & Maybee for $65 million Canadian dollars. This comes just 10 months after IPH purchased Canada’s largest IP firm, Smart & Biggar. Ridout & Maybee will merge into Smart & Biggar, further consolidating IPH’s presence in Canada.

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