Sat.Mar 15, 2025 - Fri.Mar 21, 2025

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Why AI Watermark Removal is Not a Game Changer

Plagiarism Today

Users report that Google's new AI model, Gemini 2.0 Flash, is exceptionally good at removing watermarks. Here's why it isn't a major shift. The post Why AI Watermark Removal is Not a Game Changer appeared first on Plagiarism Today.

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Commerce Secretary Disbands PPAC and TPAC

IP Watchdog

IPWatchdog has learned that Commerce Secretary Howard Lutnick has decided to end all current appointments to both the Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC), effective immediately. Secretary Lutnick is expected to appoint new members to both public advisory committees (PAC) and move forward with public meetings for both committees in May 2025, as originally scheduled.

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Can U.S. Trademark Registrations Be Cancelled for Genericness?

JD Supra Law

Suppose that you have obtained a U.S. trademark registration for your trademark on goods or services for your business. Can your trademark registration be cancelled with the U.S. Patent and Trademark Office based on genericness? If so, what is the appropriate time period for assessing whether a trademark is generic? Is the appropriate time period at the time of registration or subsequent to the date of registration?

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DC Circuit Affirms Human Authorship Required for Copyright

The Illusion of More

In a decision that is unsurprising but important, the DC Circuit Court of Appeals affirmed that authors, as defined in U.S. Copyright Act, are human beings and not machines that can autonomously generate works. I say unsurprising because nothing in history or statute should have led the court to any other conclusion, and indeed the […] The post DC Circuit Affirms Human Authorship Required for Copyright appeared first on The Illusion of More.

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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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Marvel Snap Accused of Plagiarizing Fan Art

Plagiarism Today

Fans are claiming that artwork from the game Marvel Snap plagiarized fan creations. How serious are the allegations and do they matter? The post Marvel Snap Accused of Plagiarizing Fan Art appeared first on Plagiarism Today.

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Why There are Currently Two Preliminary Injunction Regimes at the UPC

IP Watchdog

In the European IP system, and thus also in the European patent system, the concept of injunction is central. This also applies to the Unified Patent Court (UPC); here, there are even two ways to obtain an injunction, one with a normal regular action on the merits and one by means of a preliminary injunction. Through the end of February 2025, 56 applications for preliminary injunctions were filed with the UPC compared to 270 actions on the merits.

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[Video] The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake

JD Supra Law

A petition is calling for the Supreme Court to decide on the validity of the discovery rule, which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.

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Excluding a technical feature is not inventive without evidence of a technical effect (T 1865/22)

The IPKat

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that simply excluding a technical feature disclosed as essential or advantageous in the prior art cannot in itself establish inventive step in absence of evidence showing that a c

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Identifying the implications of Big Tech and digital personal data for competition policy

IPilogue

By 'Damola Adediji Policy researchers and government studies worldwide have continued to express deep concerns surrounding Big Tech firms and their extensive collection of personal digital data, which affects how markets operate and compete. In a paper I coauthored with Professor Kean Birch of York University, we dove into these policy materials, using Nvivo to explore recurring themes in across various regions.

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Univesity Invalidates Thesis of Dutch Politician

Plagiarism Today

Erasmus University has ruled that Vicky Maeijer's thesis is invalid. The Dutch state secretary now faces the loss of her degree. The post Univesity Invalidates Thesis of Dutch Politician appeared first on Plagiarism Today.

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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 Office Solidifies Stance on the Copyrightability of AI-Generated Works

JD Supra Law

Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the Copyright Offices earlier registration decisions and guidance. The central question the Copyright Office poses regarding the protectability of AI outputs remains whether the AI tool was used merely as an assisting instrument or whether the traditional elements of authorship.

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[GuestPost] Mending fences or moving goalposts? The fine line of patent amendments in Ensygnia v Shell

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent UK Court of Appeal decision concerning patent amendments and the limits of post-grant claim scope adjustments. Heres what Adanna writes: The Court of Appeals decision in Ensygnia IP Ltd v Shell UK Oil Products Ltd & Ors [2024] EWCA Civ 1490 spelled bad news for Ensygnia, whose patent on QR code-based authentication and payment systems was ruled invalid on multiple grounds.

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Copyright Laws and Fair Dealing: Analysing the Ongoing Dispute Between Dhanush And Nayanthara

IP and Legal Filings

INTRODUCTION OF THE DISPUTE The ongoing dispute between the Raanjhanaa Star, Dhanush, and ‘Lady Superstar’ Nayanthara started when Dhanush filed a ten-crore lawsuit against the actress, her husband, Vignesh Shivan, and their production company, “Rowdy Pictures Private Limited” accusing them of using unauthorized 3-second BTS footage from the 2015 film Naanum Rowdy Dhaan in Nayanthara’s Documentary, “Nayanthara: Beyond the Fairytale” which was released on

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3 Count: Christmas Blues

Plagiarism Today

Miley Cyrus must face Flowers' lawsuit, Limp Bizkit's lawsuit against UMG survives, and Mariah Carey wins dismissal of "Christmas" lawsuit. The post 3 Count: Christmas Blues appeared first on Plagiarism Today.

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[Audio] (Podcast) The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake

JD Supra Law

A petition is calling for the Supreme Court to decide on the validity of the discovery rule, which allows copyright claims long after the alleged infringement. NBA teams like the Indiana Pacers and Denver Nuggets are even weighing in, worried that social media posts from years ago could be used as grounds for lawsuits. Scott Hervey and Tara Sattler dive into this game-changing copyright case in this installment of The Briefing.

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How Brands Can Fight Back Against Grey Market and Counterfeit Sellers on Amazon 

Traverse Legal Blog

Our attorneys are contacted almost daily by Amazon sellers who’ve suffered some adverse consequences on marketplaces such as Amazon and Walmart. While these can be negative situations by the platforms themselves, a more serious issue occurs when third parties steal your market share and affect your revenue. Selling on Amazon has its fair share of challenges, but few are as frustrating as unauthorized sellers and counterfeit products.

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SpicyIP Weekly Review (March 10 – March 16)

SpicyIP

Keep up with the ever changing world of IP with SpicyIPs Weekly Review! A quick glance at last week finding the real Burger King saga continues now at the Supreme Court, EDs involvement in the Shankar-Tamilnandan copyright case, right to health and compulsory licensing for rare disease medicine Risdiplam. This and much more in this weeks SpicyIP Weekly Review.

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University of Wisconsin-Madison Removes LaVar Charleston from DEI Position

Plagiarism Today

Last year, LaVar Charleston was named in two plagiarism stories. He's since been removed from his post, but not due to academic integrity. The post University of Wisconsin-Madison Removes LaVar Charleston from DEI Position appeared first on Plagiarism Today.

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DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for Another Day

JD Supra Law

Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the author of the work. However, the D.C. Circuit refrained from saying more for now, leaving other questions about the use of AI when creating works for another day.

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‘Moana’ Verdict Delivers Another No-Access Reality Check for Courts

Copyright Lately

A Los Angeles jury needed less than three hours to clear Disneys Buena Vista unit of copyright infringementso why did it take five years and millions in legal fees to get there? With another no-access verdict in the books, its time for a more efficient approach. Last week, a Los Angeles jury deliberated for just a little longer than Moana ‘s runtime before deciding that Disneys blockbuster animated film didnt infringe animator Buck Woodalls unproduced project, Bucky the Surfer Boy.

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Intellectual Property and Caste-Based Atrocities

Selvam & Selvam Blog

Introduction: The Supreme Court recently upheld the Bombay High Court’s decision in the case of Principal Secretary, Government of Maharashtra and Anr. v. Kshipra Kamlesh Uke & Ors. , involving compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, (the Act) and its associated Rules of 1995 (the Rules).

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3 Count: Cowardly Lion

Plagiarism Today

DC Circuit rules AI art doesn't qualify for copyright protection, News Corp sued by Brave Software and Soulja Boy case dismissed. The post 3 Count: Cowardly Lion appeared first on Plagiarism Today.

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New Decision Expands Protection for Foreign Brand Owners

JD Supra Law

A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to control their reputation and consider the "misrepresentation of source" as a claim in an opposition or cancellation proceeding when a defendant is deliberately copying and intentionally misleading consumers.

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IP News: Barks & Bites for Friday, March 21 | IPWatchdog

IP Watchdog

This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. factory investments to stay ahead of drug tariffs; the Court of Justice for the European Union reports a decrease in new IP cases in 2024 despite a 12% increase in overall litigation before the Court that year; the Federal Circuit issues precedential decisions confirming Hatch-Waxman litigation expenses as tax deductible, rejecting Abiomeds bid to extend the doctrine of prosecution

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How to Avoid Getting Wrong Patents for Amazon Sellers

Patent Trademark Blog

What are the right patents for Amazon sellers? Amazon sellers face a unique challenge in stopping competitors from selling copycat products. Traditional patents that might work in the courts may not be the best type of IP protection for online sales on the e-commerce platform. Since Amazon uses their own legal system for adjudicating patent disputes , sellers need to know how to play the IP game Amazon’s way.

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3 Count: Hollywood Unity

Plagiarism Today

Hollywood members ask for protection against AI training, Webtoon companies seek max penalty for pirate and Cardi B wins Enough Miami case. The post 3 Count: Hollywood Unity appeared first on Plagiarism Today.

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Disney Prevails in ‘Moana’ Copyright Case: Lessons for Creators

JD Supra Law

On March 10, 2025, a federal jury delivered a verdict in favor of Disney in a closely watched copyright infringement lawsuit. In Buck G. Woodall v. The Walt Disney Co., et al., screenwriter and animator Buck Woodall claimed that Disney's 2016 blockbuster animated film "Moana" infringed on his 2011 screenplay "Bucky the Wave Warrior" (Bucky). Woodall alleged that he invested over 15 years and $500,000 developing the project, which included unique illustrations and character developments, a full.

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Reading List: morality and trademarks in South Asia

43(B)log

Zehra Jafri, One Sari, Three Different Ways to Drape It: Trademarks, Religion, Language, and Morality in Post-Colonial India, Pakistan, and Bangladesh , 40 UCLA Pacific Basin Law Journal 127 (2023) Abstract: Pakistan, India, and Bangladesh were all established on a sense of wanting to be a majority in a nation where they were once othered, be it by the British, Hindu majority, or Urdu-speaking majority.

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How Brands Can Help Change Gen Z’s Attitudes Toward Counterfeiting

Corsearch

With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. Many younger consumers actively seek out fake goods, viewing them as affordable alternatives while remaining unaware of the broader societal harms. This blog explores how brands, including Tommy Hilfiger , are adapting to Gen Zs online behaviors, educating them about the real-world consequences of counterfeiting, and evolving their strategies to stay re

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3 Count: Sony Musical

Plagiarism Today

Sony sues USC over social media posts, Sony says it has removed 75K fakes and authors seek summary judgment in Meta case. The post 3 Count: Sony Musical appeared first on Plagiarism Today.

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Motivation to Modify Prior Art Need Not Be the Same as Challenged Patent

JD Supra Law

Honeywell filed a petition for inter partes review of 3G Licensings U.S. Patent No. 7,319,718, which claims a coding scheme for transmitting information in 3G mobile communication systems. The PTAB found none of the challenged claims unpatentable. Honeywell appealed. The Federal Circuit reversed, finding that the PTAB erred by (1) requiring identity between the motivations for the prior art and the 718 patent, (2) failing to support its findings with substantial evidence, (3) conflating.

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Reconsidering IPR Strategies in Light of Kroy IP Holdings v. Groupon

IP Watchdog

The U.S. Court of Appeals for the Federal Circuits precedential decision in Kroy IP Holdings LLC v. Groupon Inc. (Kroy IP) has significant strategic implications for patent litigation and inter partes review (IPR) proceedings. The holding, facts, and procedural aspects of Kroy IP are well covered here. This article focuses on how the decision affects patent litigation and IPR strategies for both patent owners and IPR petitioners.

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TTAB Upholds 2(d) and 2(e)(4) Bifusal of WYSE LONDON for Clothing

The TTABlog

The Board affirmed this bifusal of the proposed mark WYSE LONDON for various clothing items, including "hats," and for retail store services [LONDON disclaimed], finding confusion likely with the registered mark WYSE (in slightly stylized form) (Supplemental Register] for clothing-related goods, including zippers, buckles, and "hat ornaments for hats," and further deeming the mark to be primarily merely a surname under Section 2(e)(4).

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Guest Post by Profs. Masur & Ouellette: Patent Disclosure and After-Arising Technologies

Patently-O

Guest post by Professors Jonathan S. Masur (Chicago Law) and Lisa Larrimore Ouellette (Stanford Law). This blog recently covered the Federal Circuits important decision in In re Entresto (Novartis Pharmaceuticals v. Torrent Pharma) , 125 F.4th 1090 (Fed. Cir. 2025), which upheld patent claims even though they covered after-arising technology that was not described or enabled in the specification.

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Delaying Examination of Continuing Applications Could Sabotage USPTO Goals

JD Supra Law

Rumor has it that one of many behind-the-scenes changes being implemented at the USPTO relates to how (or when) continuing applications are taken up for examination. Typically, an examiner may give priority to a continuing application based on its U.S. priority date. That could change, with placement in the examination queue being based on the actual filing date of the continuing application itself.

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