Patently-O
OCTOBER 14, 2024
by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.
Plagiarism Today
OCTOBER 15, 2024
Allegations accuse Vice President Kamala Harris of plagiarizing her 2009 book. Here's a look at what those allegations actually say. The post The Kamala Harris Plagiarism Scandal appeared first on Plagiarism Today.
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Hugh Stephens Blog
OCTOBER 17, 2024
Image: Shutterstock (AI modified) Singapore already has one of the most permissive text and data mining (TDM) exceptions in copyright law found anywhere, allowing AI developers to ingest copyrighted content for AI training purposes subject only to a very few limitations, all of which are pretty minimal.
Erik K Pelton
OCTOBER 15, 2024
Want to learn more about trademark scams and how AI can assist you in your trademark practice? Erik shares details of 2 upcoming webinars in this episode. The post Two Upcoming Webinars with Erik appeared first on Erik M Pelton & Associates, PLLC.
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?
IP Watchdog
OCTOBER 17, 2024
Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel
Plagiarism Today
OCTOBER 17, 2024
A battle over the practice of skiplagging has created a bizarre copyright verdict that could impact the use of logos online. The post Skiplagged, American Airlines and a Bizarre Copyright Verdict appeared first on Plagiarism Today.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
OCTOBER 15, 2024
The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Doing nothing about a known infringement situation for a long period of time can lead to “laches,” a legal theory that could prevent you from later enforcing any rights you may have once had.
IP Watchdog
OCTOBER 14, 2024
This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.
Plagiarism Today
OCTOBER 17, 2024
Tenth Circuit revives baby doll case, German Supreme Court rules against photographer and Discord fights DMCA subpoena. The post 3 Count: Baby Blues appeared first on Plagiarism Today.
The IPKat
OCTOBER 14, 2024
If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German Supreme Court recently decided this question in three parallel cases ( I ZR 139/23 , I ZR 140/23 and I ZR 141/23 ).
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.
Erik K Pelton
OCTOBER 14, 2024
The following is an edited transcript of my video 25 Ways to Avoid Trademark Scams. Know that everything you file related to a trademark at the USPTO is in the public records. Use an attorney for many reasons when you’re filing a trademark application, but one of the valuable reasons is they can give you guidance about scams and they can act as a buffer by being the primary contact.
IP Watchdog
OCTOBER 15, 2024
By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.
Plagiarism Today
OCTOBER 15, 2024
Appeals court gives record companies a major win, delayed Indian film draw copyright lawsuit and fitness celebs settle part of their dispute. The post 3 Count: ISP Liability appeared first on Plagiarism Today.
IP Law 360
OCTOBER 16, 2024
A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.
TorrentFreak
OCTOBER 17, 2024
TorrentGalaxy has had its fair share of issues over the past few months. In June, many users feared that the site had thrown in the towel, displaying only a cryptic message that read “4ever?” to visitors. This came as a surprise, even to the site’s top staffers, who had no clue what was going on. The site eventually returned as if nothing ever happened and resumed its operations.
IP Watchdog
OCTOBER 16, 2024
Yesterday, the U.S. Supreme Court issued an order list indicating that it had denied yet another petition for writ of certiorari seeking clarity on the patent eligibility of claims covering improvements to computer technologies under 35 U.S.C. § 101. The petition, filed by digital photography innovator Plotagraph, had argued against both the abstract idea determination under Federal Circuit case law on technological improvements to computer animations, as well as the district court’s early deter
Olartemoure Blog
OCTOBER 15, 2024
This initiative underscores the vital importance of collaboration between multiple agencies and countries. Since its inception, Operation 404 has become a success story in the global fight against online piracy. Previous phases have led to the blocking of thousands of illegal websites and apps, the execution of numerous search warrants, and the seizure of equipment used for cybercrimes.
Patently-O
OCTOBER 13, 2024
by Dennis Crouch In AlexSam v. Aetna , the Federal Circuit recently revived the patentee's infringement lawsuit against health insurance giant Aetna over its Visa and Mastercard-branded health savings account (HSA) debit cards. AlexSam, Inc. v. Aetna, Inc., No. 22-2036 (Fed. Cir. Oct. 8, 2024). The district court has dismissed the case on 12(b)(6) for failure to state a claim of infringement.
TorrentFreak
OCTOBER 15, 2024
Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit. Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and don’t require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party service providers.
IP Watchdog
OCTOBER 15, 2024
There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts. With the ongoing efforts of the China National Intellectual Property Administration (CNIPA), the regulation of patent infringement administrative procedures has become more comprehensive.
JD Supra Law
OCTOBER 14, 2024
In a guest article, Venable's Rebecca Liebowitz, Andrew D. Price, and Samantha J. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients.
IP Law 360
OCTOBER 18, 2024
A Delaware bankruptcy judge Friday approved residential solar technology company SunPower Corp.'s plans to distribute the proceeds of its asset sales to the creditors in its Chapter 11 case after hearing all objections had been resolved or put off.
Copyright Lately
OCTOBER 16, 2024
A Florida jury has handed 2 Live Crew a big win, allowing them to reclaim copyrights in classic rap tracks in a long-running legal battle with Lil’ Joe Records. BREAKING : A Miami federal jury on Wednesday cleared the way for famed hip-hop group 2 Live Crew to recapture ownership of their early 1990s music catalog, concluding a major copyright termination battle with Lil’ Joe Records.
Likelihood of Confusion
OCTOBER 18, 2024
Originally posted 2014-07-22 13:14:34. Republished by Blog Post PromoterThose of you of a certain age will remember the classic SNL parody commercial for “New Shimmer“: It’s kind of the same thing with Aereo, isn’t it? As I said in my now-legendary-in-my-own-mind multi-part post, every next judge presented with the relevant inquiries in the Aereo case […] The post Aereo, FilmOn, and the “Shimmer” of maybe-unlawfully-clever digital entertainment delivery
TorrentFreak
OCTOBER 17, 2024
The legal battle in Germany between Sony Entertainment Interactive and cheat cartridge seller Datel has been ongoing for well over a decade. Sony had hoped to end sales of Datel’s Action Replay PSP and Tilt FX. These products enabled users of Sony’s PSP console to modify gameplay by tweaking code, thereby obtaining extra ‘lives’ and similar ‘cheat’ features.
IP Law 360
OCTOBER 16, 2024
A D.C. federal judge tossed a Cuban state-owned company's counterclaim accusing Bacardi of infringing its "Havana Club" trademark, saying U.S. law barred the court from enforcing the mark.
Nelligan Law
OCTOBER 15, 2024
Reading Time: < 1 minute Accident benefits are a type of insurance coverage available to all persons who are involved in a motor vehicle accident or otherwise injured through the use or operation of a motor vehicle. The benefits are available if the accident occurred in Ontario or if the person is an insured person pursuant to a policy of insurance issued to a vehicle located in Ontario.
Technology & Marketing Law Blog
OCTOBER 15, 2024
This case involves real property on Cat Island in the Bahamas. After the death of Michael S. Weber , the property passed into his trust. Susan, his sister, is the trustee, and his son Owen is a trust beneficiary. Owen may have difficulty managing his money. When asked what happened to a $319k trust disbursement, he said “that he attempted to start a business, had drug addiction, and ‘I blew — blew that money.'” Owen nevertheless thinks Susan should have sold the Cat Island prop
Christopher Roser
OCTOBER 15, 2024
To control any kind of system, you need to know its status. For a simple system like heating, the indoor temperature may be the key input. For something as complex as manufacturing, however, there could be a myriad of different measurements that can help you to control the system. In this context, KPIs (key performance.
IP Law 360
OCTOBER 16, 2024
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
IP Watchdog
OCTOBER 18, 2024
On October 16, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CAO Lighting, Inc. v. Feit Electric Co., Ltd. vacating a summary judgment entered by the Central District of California that found Feit Electric did not infringe semiconductor light source patent claims asserted by CAO Lighting. In so ruling, the Federal Circuit found that the district court erred in construing the claim term “first reflective layer,” and in requiring that the claimed first reflective layer be co
JD Supra Law
OCTOBER 18, 2024
Artificial intelligence (AI) has been a hot topic for years, but with the explosion in popularity of generative AI solutions like ChatGPT, everyone is talking about it. However, there are a lot of misconceptions about AI in terms of what it is, how it works, and the benefits and risks of using it. As we saw with the Avianca case earlier this year where an attorney filed a brief with several bogus case citations generated by ChatGPT, the output from AI algorithms isn’t always reliable.
IP and Legal Filings
OCTOBER 16, 2024
Introduction Global Warming, through carbon emissions and usage of fossil fuels, remains on an all time high. The ecological impact of carbon emissions and a steadily rising carbon footprint remain a concern, especially with calls from the international arena to keep warming well bellow the 2 degree celsius mark. Within this arrangement, it is important to note the contributions of the Ultra High Net Worth (UHNW) individuals towards the climate crisis, with a largely disproportionate impact of t
IP Law 360
OCTOBER 15, 2024
Swiss drugmaker Novartis said Tuesday that it plans to appeal a ruling from over the weekend that scuttled its suit over the U.S. Food and Drug Administration's approval of a generic version of Entresto, the drugmaker's blockbuster heart failure medication.
SpicyIP
OCTOBER 17, 2024
Continuing the discussion on the Blackberry cases ( here and here ) after Yogesh’s post , Bharathwaj Ramakrishnan writes on the Court’s new test for inventions incorporating algorithms and explores whether there is a distinction between computer programmes and algorithms. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP.
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