Plagiarism Today
JUNE 22, 2023
Ninth Circuit rules copyright and trade dress not exclusive, RIAA targets AI discord server and the British Museum targeted by translator. The post 3 Count: Furniture Fight appeared first on Plagiarism Today.
Erik K Pelton
JUNE 20, 2023
Yes, identical brand names can coexist. But there are criteria that need to be met, such as existing in different industries and offering different goods and services. Erik explains more and provides examples in this video. The post When Two Identical Brand Names Coexist appeared first on Erik M Pelton & Associates, PLLC. Yes, identical brand names can coexist.
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Plagiarism Today
JUNE 20, 2023
The CCB recently celebrated its first birthday. Here's a look at what has gone right and gone wrong with the copyright small claims court. The post One Year of the Copyright Claims Board appeared first on Plagiarism Today.
Hugh Stephens Blog
JUNE 20, 2023
Whether the decision against Internet Archive in the U.S. will have a chilling effect on controlled digital lending practices in Canada remains to be seen. Earlier this year, a U.S. district court ruled that San Francisco–based non-profit Internet Archive (IA) infringed the copyright of four international publishing houses when it loaned unlicensed digital copies of … Continue reading "Implications of the U.S.
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?
Intellectual Property Law Blog
JUNE 23, 2023
On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent eligibility requirements under Section 101 have been evolving by judicially-created exceptions stemming from the Supreme Court’s rulings in Alice and Mayo , and numerous Federal Circuit decisions that have interpreted the Alice and Mayo framework.
Erik K Pelton
JUNE 20, 2023
The following is an edited transcript of my video 3 Things to Do When Rebranding We frequently work with businesses that are in the process of rebranding. Rebranding usually comes about one of two ways: Voluntarily , when a company decides that they want a refresh, they want a new brand, they’re pivoting, or they’ve decided that their old name wasn’t resonating and they’ve decided to rebrand.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
JUNE 17, 2023
“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. I personally love everything by Cattelan and among other things I did enjoy the recent exhibition in Florence about his and other contemporary artists’ work.
Intellectual Property Law Blog
JUNE 20, 2023
This article was first published by ALM / Law.com in The Intellectual Property Strategist. All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). Unlike machine learning technology that merely classifies or predicts, generative AI creates. Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive inno
TorrentFreak
JUNE 18, 2023
Copyright holders send out millions of takedown notices a day, hoping to remove pirated content or make it harder to find. The efficacy of the DMCA takedown process is open for debate, but it certainly doesn’t help when companies flag legal websites as copyright-infringing. It is particularly ironic when these mistakenly targeted sites are supposed to help the public find their way to the right streaming service.
Plagiarism Today
JUNE 21, 2023
Judge partially dismisses claims against Meow Wolf, Charly Boy threatens former label and pirate movie supplier quits due to piracy. The post 3 Count: Meow Wolf appeared first on Plagiarism Today.
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IP Watchdog
JUNE 22, 2023
On the same day the Patent Eligibility Restoration Act of 2023 was introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC), the two senators, along with their colleagues, Dick Durbin (D-IL) and Mazie Hirono (D-HI), introduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act today. The bill’s aim is to reform the Patent Trial and Appeal Board (PTAB) and would build upon Coons’ STRONGER Patents Act, introduced in 2019.
The IPKat
JUNE 19, 2023
This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection , edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it to, what the editors refer to as “sometimes absurd outcomes which an unjustified overprotection of intellectual property may lead to.
TorrentFreak
JUNE 22, 2023
The wheels of justice in the Megaupload case may have moved at a glacial pace over the last 11 years but there’s no doubt they continue to move. After entering into a plea deal with New Zealand authorities, last week former Megaupload coders Mathias Ortmann and Bram van der Kolk were sentenced at the High Court in Auckland to a total of five years in prison , to be served in New Zealand.
Plagiarism Today
JUNE 21, 2023
Plagiarism Today is now on Mastodon! Come join me (and others) as we discuss copyright, academic integrity and much more. The post Follow Plagiarism Today on Mastodon appeared first on Plagiarism Today.
IP Watchdog
JUNE 20, 2023
Recovering money from users of technology requires movement on the part of inventors of technology. For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.
Technology & Marketing Law Blog
JUNE 17, 2023
by guest blogger Kieran McCarthy Doe 1 v. GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Given the importance of generative AI and the implications for other generative AI projects, and the number of legal issues involved, many legal observers were keen to follow the first few breadcrumbs in this case.
TorrentFreak
JUNE 17, 2023
Rightsholders consider piracy of live TV channels as one of the most serious threats to their business. Subscription channels often end up in IPTV subscription packages, sold to the public at a fraction of the cost after being obtained by pirates using both legal and illegal means. In some cases streams are obtained directly from broadcasters’ official source servers, something that is surprisingly common and, with the right tools, not especially difficult either.
Plagiarism Today
JUNE 22, 2023
A recent case filed with the Copyright Claims Board examines an unusual question: Who holds the copyright to a cockpit flight recorder? The post Copyright in Flight Cockpit Recordings appeared first on Plagiarism Today.
43(B)log
JUNE 20, 2023
Takahashi-Mendoza v. Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. 22-cv-05086-JST (N.D. Cal. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. “Organic Valley’s commitment to the highest organic standards and animal care practices helps make all our food delicious and nutritious”; 2.
IP Watchdog
JUNE 19, 2023
The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications. To understand the impact, this article provides a background on how the European Patent Office (EPO) and UPC consider earlier national rights, how patent applicants can address earlier
TorrentFreak
JUNE 19, 2023
Straight answers in response to straight questions is far from the default position in Hollywood where piracy is concerned. The topic is always controversial, and most of the interesting questions have answers that have the potential to make it even more so. Whether the details will ever see the light of day is unclear, but the discussions that led to Hollywood ending theatrical releases in Russia in response to the invasion of Ukraine must’ve been fascinating.
JD Supra Law
JUNE 19, 2023
Notwithstanding the robust protection it provides in many other contexts, Section 230 may not protect online platforms developing generative AI systems from legal liability arising from false information produced by their products. Neither the courts nor Congress have yet provided reliable legal guidance on generative AI in the United States, but a Georgia state court defamation case and newly introduced legislation in the Senate present opportunities to change that.
Copyright Alliance
JUNE 20, 2023
This week we’d like to introduce you to mixed media artist Demetri Broxton. Demetri is of Creole and Filipino heritage whose work is often inspired by “his connection to the […] The post Creator Spotlight with Mixed Media Artist Demetri Broxton appeared first on Copyright Alliance.
IP Watchdog
JUNE 22, 2023
As predicted by former United States Court of Appeals for the Federal Circuit Chief Judge Paul Michel last month, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) have introduced the first of what Michel said will be multiple bills aimed at fixing the U.S. patent system. Today’s bill, the Patent Eligibility Restoration Act of 2023, would eliminate all judicially-created exceptions to U.S. patent eligibility law.
TorrentFreak
JUNE 20, 2023
Last year, the US Copyright Claims Board went live. Through this Copyright Office-hosted venue, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.
Patently-O
JUNE 22, 2023
by Dennis Crouch The Federal Circuit’s decision in Broadcom v. Netflix revolves around the construction of the claim term “drive server” found in Broadcom’s U.S. Patent No. 6,341,375. The decision reaffirms the significance of preferred embodiments in claim construction and their potential to shape the validity of patent claims.
JD Supra Law
JUNE 23, 2023
Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two common open source software licenses in a manner that could aggressively expand the number of individuals who can bring a lawsuit to enforce the terms of open source software licenses and the scope of the disclosure requirements in these open source software licenses.
IP Watchdog
JUNE 19, 2023
This week in Washington IP news, the House Science Committee looks at how artificial intelligence can be deployed to advance U.S. interests; Senator Chuck Schumer (D-NY) announces an AI policy framework that he hopes will lay the groundwork for bipartisan AI policy; and IPWatchdog hosts its inaugural Patent Prosecution & Portfolio Management Masters program.
TorrentFreak
JUNE 23, 2023
In 2021, the US Department of Justice launched a criminal proceeding against two men suspected of running a massive YouTube Content ID scam. By falsely claiming to own the rights to more than 50,000 songs, the pair generated more than $23 million in revenue. Last year, one of the defendants confessed to his part in the copyright swindle by pleading guilty.
Patently-O
JUNE 21, 2023
by Dennis Crouch The Federal Circuit’s special investigation committee recently released an order in focusing on next steps in its ongoing investigation into the conduct and capacity of Judge Newman. Although the investigation generally centers on disability and misconduct in her role as judge — the most recent order narrows the focus to the question of whether Judge Newman’s refusal to submit to medical testing constitutes misconduct that could potentially lead to her removal
Nelligan Law
JUNE 23, 2023
Reading Time: 2 minutes Introduction In a just released decision, Monterosso v. Metro Freightliner Hamilton Inc., the Ontario Court of Appeal considered whether an independent contractor has a duty to mitigate when a fixed term contract for services is terminated. Background The appellants hired the respondent as an independent contractor for a fixed term of 72 months.
IP Watchdog
JUNE 18, 2023
With the comment period set to close on June 20, more than 11,000 comments had been filed as of Friday, June 16, in response to the U.S. Patent and Trademark Office’s (USPTO’s) Advanced Notice of Proposed Rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices. Only 265 of those had been posted as of Friday, however.
TorrentFreak
JUNE 22, 2023
With over 142k members, the ‘AI Hub’ Discord server is a thriving community that opens the door to lots of AI-related content. There’s a wide variety of information available, including voice models of major musicians such as Bruno Mars, Frank Sinatra, Rihanna, and Stevie Wonder. All of this information can be used to make homebrew AI tracks that mimic the sound of one’s favorite artists.
JD Supra Law
JUNE 22, 2023
Public art installations like murals can be an exciting, effective way to transform the aesthetics of a property — and oftentimes the character of an entire community. Whether it’s a business district looking to attract customers, a municipality creating a point of interest for visitors, or neighbors venerating a beloved member of their community, murals offer a unique opportunity to capture attention, communicate a message, and serve as a cultural beacon, all at the same time.
The IP Law Blog
JUNE 22, 2023
In response to Google L.L.C.’s (“Google”) and other’s petitions for inter partes review (“I.P.R.”) of two patents owned by Parus Holdings, Inc. (“Parus”), the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) found a number of claims obvious over prior art. The Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, shedding additional light on the requirements and burdens of patent owners when responding to I.P.R. petitions.
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