Sat.Aug 19, 2023 - Fri.Aug 25, 2023

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The Final Betrayal of NFTs

Plagiarism Today

OpenSea says it will no longer enforce royalties on its NFT platform. However, it's not OpenSea that's betrayed artists, it's crypto itself. The post The Final Betrayal of NFTs appeared first on Plagiarism Today.

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Will Artificial Intelligence Change Trademarks?

Erik K Pelton

The following is an edited transcript of my video Will AI Change Trademarks ? Artificial intelligence has been in the news in 2023. And a lot of that is due to the amazing tool ChatGPT, which is a breakthrough in terms of artificial intelligence technology. The company, OpenAI, that built ChatGPT, was valued at $29 billion recently. And yet, they only filed the trademark application for ChatGPT a few weeks ago, and they only filed for OpenAI last year.

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Guest Post: Diversity Pledge: Boosting Innovation and Competitiveness

Patently-O

By: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. 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. In July 2021, the USIPA hosted a DEI in innovation conference and launched The Diversity Pledge, alongside 30 founding Pledgee companies who agreed to increase the

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Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases

Copyright Alliance

Moviegoers may be familiar with the cinematic musings of actress Nicole Kidman: “We come to this place for magic. That indescribable feeling we get when the lights […] The post Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases appeared first on Copyright Alliance.

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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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3 Count: Content ID Scam

Plagiarism Today

YouTube partners with Universal on AI issues, Content ID scammer sentenced to 46 months and Soulja album pulled over copyright issue. The post 3 Count: Content ID Scam appeared first on Plagiarism Today.

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August 2023 TPAC Meeting Summary

Erik K Pelton

Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast. The post August 2023 TPAC Meeting Summary appeared first on Erik M Pelton & Associates, PLLC. Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast.

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More Trending

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U.S. Outbound Investment Restrictions and Notification Requirements Mandated by Executive Order: Currently Limited to Certain Investments in China Tech

IP Tech Blog

U.S. businesses and investors may be subject to new compliance requirements for outbound investments in certain technology sectors pursuant to U.S. President Joe Biden’s Executive Order (“EO”), titled “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concerns,” and the corresponding the Advance Notice of Proposed Rulemaking (“ANPRM”) issued by the Treasury Department.

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3 Count: Non-Copyrighted AI

Plagiarism Today

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

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CCC & GO FAIR Convene Workshop to Improve AI Outcomes Using High-Quality FAIR Data

Velocity of Content

Since the introduction of FAIR principles in 2016, there has never been a question that their implementation would help drive innovation and accelerate the R&D lifecycle. The effort to implement FAIR principles has led many organizations to adopt a data-centric culture that values collaboration and encourages the sharing of data. Although many successes have been reported, and much progress made, after seven years, only a very small fraction of data is truly FAIR.

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Arts 3 and 4 of the CDSM Directive as regulatory interfaces: Shaping contractual practices in the Commercial Scientific Publishing and Stock Images sectors

Kluwer Copyright Blog

Image by Reto Scheiwiller via Pixabay Introduction The current international legal framework for text and data mining (TDM) is highly disharmonized, showing a variety of approaches that span from completely unregulated to partially and fully regulated. Furthermore, regulation is not uniform, and it addresses relevant stakeholders (creative and content industries, tech firms, users, research, and the public sector) in various ways.

Art 98
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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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APPLE JAZZ Mark Owner Says Apple Can’t Attempt to Reverse CAFC via TTAB

IP Watchdog

On August 18, the owner of the APPLE JAZZ trademark filed an opposition to Apple’s motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB). In its motion, the tech giant asked the TTAB to allow the company to remove “live performance services, as well as related services,” from the application.

Music 98
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3 Count: Office Depot Data

Plagiarism Today

Office Depot seeks attorneys' fees in data case, agency demands photog pay for their photos and DragonForce battles a fake copyright claim. The post 3 Count: Office Depot Data appeared first on Plagiarism Today.

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Appeals From Itat Orders: Supreme Court Resolves Jurisdictional Conundrum

IP and Legal Filings

Introduction Both the Delhi High Court and the Punjab & Haryana High Court rejected appeals that were made before them and declined to have territorial jurisdiction over the case owing to a difference of opinion. This led to an appeal being submitted before the Supreme Court. In its ruling issued on August 18, 2022 in the case of Pr. Commissioner of Income Tax-I, Chandigarh v.

Law 97
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Utility Patents Granted per Calendar Year, 1840-2022

Patently-O

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. This year’s version shows U.S. utility patents granted per year from 1840-2022: Data for 2023 isn’t included in the table, but as of July 25, 2023, the authority file contains just 171,556 patents.

Patent 98
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Consider this Hidden Step Zero in the Patent Subject Matter Eligibility Analysis

IP Watchdog

U.S. patent practitioners have had a rocky relationship with the once-straightforward patent eligibility requirement under 35 U.S.C. 101 in recent years. Decisions such as Mayo and Alice upended the status quo, muddying the threshold test for patent subject matter eligibility. When dealing with difficult 101 rejections under this new status quo, it can sometimes help to think outside of the box about how to overcome a given rejection.

Patent 98
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How the Copyright Claims Board Counters DMCA Counternotices

Plagiarism Today

The Copyright Claims Board (CCB) offers a way for rightsholders to ensure an allegedly infringing work stays offline after a counternotice. The post How the Copyright Claims Board Counters DMCA Counternotices appeared first on Plagiarism Today.

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China Bistro Judgement: A Detour From Established Principles?

IP and Legal Filings

INTRODUCTION A single bench of the Delhi HC in Foodlink F & B v. WOW Momo Food (Wow Momo) [1] has injuncted the use of “WOW! China Bistro/ ” mark against the plaintiff’s trademark “China Bistro/ ”. The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] Put differently, since the essential features of the plaintiff’s mark, that is, the words “CHINA BISTRO”, are pres

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Current Patent Litigation Trends

JD Supra Law

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the annual number of new cases had not been below 4,300 since 2011.

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DC Court Says No Copyright Registration for Works Created by Generative AI

IP Watchdog

On Friday, Judge Beryl Howell issued an opinion in Dr. Stephen Thaler’s challenge against the U.S. Copyright Office (USCO) over the denial of his application for a work generated entirely using generative artificial intelligence (AI) technology. The opinion supports the USCO’s refusal to register a work in which the claimant disclosed in the application that the image was the result of an AI system, called The Creativity Machine.

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The Fight to Own AI-Generated Content is Just Starting

Plagiarism Today

A court recently found that an AI cannot hold copyright on the work it creates. Here's why that doesn't actually matter. The post The Fight to Own AI-Generated Content is Just Starting appeared first on Plagiarism Today.

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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy There are few, if any, legal domains where hypocrisy is as baked into the ecosystem as it is with web scraping. Some of the biggest companies on earth—including Meta and Microsoft—take aggressive, litigious approaches to prohibiting web scraping on their own properties, while taking liberal approaches to scraping data on other companies’ properties.

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Your Employee Handbook May be Deficient for Capturing Patent Rights

JD Supra Law

Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it does not. It is common practice to include, in an employee handbook, a policy requiring transfer of any future inventions. Typically, the employee is required to review and sign the handbook, but ordinarily this does not create a contract.

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Google Tells USPTO Proposed IPR Changes Would Stifle AI Innovation

IP Watchdog

On Thursday, Reuters reported that Google sent a letter to the U.S. Patent and Trademark Office (USPTO) criticizing proposed rule changes that the tech firm believes will stifle U.S. innovation. The internet giant expressly pointed to the field of artificial intelligence as a weak point for the USPTO and its patent examiners. The letter was signed by Halimah DeLaine Prado, General Counsel for Google.

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What Surprised me About AI

Plagiarism Today

Generative AI has only been available to the public for about eight months. The biggest surprise wasn't that it exists, but how it debuted. The post What Surprised me About AI appeared first on Plagiarism Today.

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When to Use Standards…and When Not

Christopher Roser

Work standards are a key component to continuous improvement. A standard is a tool that (if used correctly) prevents drifting away from a best-practice approach to do a task. Hence, I sometimes read that everything needs a standard. However, I don’t quite fully agree with this. Let me tell you when standards are helpful, and. Read more The post When to Use Standards…and When Not first appeared on AllAboutLean.com.

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How much visual similarity is necessary?

The IPKat

Normal 0 false 21 false false false DE X-NONE X-NONE In an earlier post , this Kat discussed the seemingly narrowing scope of protection of figurative marks in EU trade mark practice. While the EUIPO and General Court rather easily considered figurative signs to be confusingly similar in the past, the pendulum seems to swing too far to the other side now as the following case shows.

Art 96
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UPC Milan Local Division Acts Fast to Address Alleged Infringement at Trade Fair

IP Watchdog

On June 12 and 13, 2023, the German giant textile company, Oerlikon Textile G.M.B.H. & CO. K.G. (Oerlikon), filed two applications with the Unified Patent Court’s (UPC’s) Milan Local Division to preserve evidence against two Indian companies accused of infringing the (Italian portion) of the European patent EP214848B1, which covers a “False twist texturing machine”.

Patent 97
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3 Count: No Snippets

Plagiarism Today

Hollywood studios see path to AI copyright, French publishers accuse X of ducking royalties and Amazon sues fake DVD sites. The post 3 Count: No Snippets appeared first on Plagiarism Today.

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The State of Scholarly Metadata in 2023 – Industry Insights From Around the Globe

Velocity of Content

In July, CCC’s Jamie Carmichael hosted The State of Scholarly Metadata in 2023: Insights From Around the Globe, a webinar seeking to assess the challenges around low-quality metadata and underutilization of persistent identifiers. The program followed publication in April of The State of Scholarly Metadat a , an examination of metadata management across the research lifecycle CCC conducted with  Media Growth Strategies.

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When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

The Serpents by Jeff Koons. Jeff Koons is one of the best-known contemporary artists. As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. A few days ago, it was the turn of the Italian Supreme Court to rule ( decision 23935/2023 Koons v Garrone ) in a case involving him and a copy of an artwork – specifically: a porcelain scu

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SpicyIP Weekly Review ( August 14 – August 20)

SpicyIP

Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. We also had a guest post by Aditya Gupta on the Delhi High Court Division Bench’s order in Google v.

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Startups And Labour Law Compliances : What Are The Exemptions?

IP and Legal Filings

INTRODUCTION Compliance norms are statutory required standards and regulations that a company must observe. Compliance with labour regulations in India must be done in line with the laws of the nation. The Indian government has announced steps to make it simpler for start-ups in the nation to comply. One of these solutions is enabling start-ups that satisfy specific criteria to be exempt from some employment restrictions for up to three years.

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Anti-Piracy Lessons Enter the School Curriculum: Are You a Thief?

TorrentFreak

Today’s youth is growing up in an era where all knowledge and information is literally at their fingertips. The internet is a great source of knowledge, entertainment, and a key tool for social interactions. However, it also comes with many darker sides, although kids won’t always recognize the dangers. In Denmark, local anti-piracy group Rights Alliance has repeatedly warned that today’s youth should be properly educated when it comes to copyright and piracy.

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Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Heather Whitney To the surprise of no one, a D.C. district court granted summary judgment for the Copyright Office in Thaler v. Perlmutter , No. 1:22-cv-01564 (D.D.C. Aug. 18, 2023), affirming the Copyright Office’s position that “a work generated entirely by an artificial system absent human involvement [is not] eligible for copyright.

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Secretary Raimondo Addresses Advisory Committee on U.S. Supply Chain and Competitiveness

U.S. Department of Commerce

Secretary Raimondo Addresses Advisory Committee on U.S. Supply Chain and Competitiveness August 24, 2023 KCPullen@doc.gov Thu, 08/24/2023 - 15:33 Export and investment promotion ICT Supply Chain Earlier this week, Secretary Gina Raimondo addressed the virtual meeting of the Advisory Committee on Supply Chain Competitiveness (ACSCC), the Secretary’s advisory body that provides recommendations to support U.S. supply chain and economic competitiveness.