Sat.Oct 12, 2024 - Fri.Oct 18, 2024

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The Substance of OpenAI’s Patent Pledge?

Patently-O

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.

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Singapore Inhibits Rightsholders Ability to Use Contracts to Prevent Unlicensed Text and Data Mining of Content

Hugh Stephens Blog

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.

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5 free trademark monitoring tools

Erik K Pelton

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.

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Northwestern University Sues Moderna Over Spikevax Vaccine

IP Watchdog

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

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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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Rightsholders Seek U.S. Help to Collect $1.4 Million Piracy Judgment Against Cloudflare

TorrentFreak

Popular Internet infrastructure service Cloudflare has come under pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. These pirate sites have proven to be quite a headache for Cloudflare. For example, rightsholders continue to complain that the company helps pirates conceal their hosting locations and identities, as was made clear again in recent submiss

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Skiplagged, American Airlines and a Bizarre Copyright Verdict

Plagiarism Today

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.

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Jack Daniel’s Continues, with Trademark Dilution as the New Battleground

IP Watchdog

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.

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Discord Disputes DMCA Subpoena, Rejects Role as ‘Anti-Piracy’ Partner

TorrentFreak

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.

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Infographic | How is International Cooperation Crucial to Combat Online Piracy?

Olartemoure Blog

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.

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2 Live Crew Reclaims Copyrights in Iconic Rap Hits

Copyright Lately

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.

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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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The Most Important Issues Facing the IP Industry | IPWatchdog Unleashed

IP Watchdog

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.

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3 Count: Baby Blues

Plagiarism Today

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.

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SpicyIP Weekly Review (October 7-October 13) 

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

Trademark 105
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Intellectual Property Law in the Age of Generative AI

JD Supra Law

The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual property community, there have been ongoing discussions, incremental resolutions, and evolving opinions. In this article, we will outline and summarize the current intellectual property legal landscape in the United States related to GenAI.

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From Code to Characters: IPR in Gaming Industry

IIPRD

Introduction The gaming industry has experienced exceptional growth in recent years, embracing as a crucial position in the global marketplace. This noticeable surge brings with it both opportunities and challenges. This blog helps in understanding the multiple role that IPR plays in safeguarding the rights of gaming sector. Other than the legal framework, IPR also fosters creativity, innovation and stimulates competition within the gaming industry.

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3 Count: ISP Liability

Plagiarism Today

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.

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[Guest post] Flat rates supported by clauses on universality of repertoire in contracts between CMOs and users are anti-competitive, says Spanish Competition Authority

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Lucius Klobučník (Aston University) on a recent decision of the Spanish Competition Authority regarding the compatibility of certain rates charged by collective management organizations (CMOs) with the prohibition of abuses of dominant position. Here’s what Lucius writes: Flat rates supported by clauses on universality of repertoire in contracts between CMOs and users are anti-competitive, says Spanish Co

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The Future of Food: Regulatory and Patent Landscape of Genome Editing in Food Technology

JD Supra Law

Our current food system is facing a myriad of critical challenges. The United Nations predicts that the world population will reach 9.3 billion people by 2050, which means that we will need to produce 60% more food to feed the world in the next decades. Current food production processes are not up to the task, and furthermore, producing the amount of food needed using traditional farming practices will take a heavy toll on our natural resources and cause increased climate change.

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Tenth Circuit Gives ‘Reborn Doll’ Company Another Shot at Copyright Suit Against Chinese Amazon Sellers

IP Watchdog

The U.S. Court of Appeals for the Tenth Circuit on Tuesday, October 15, ruled that a district court applied the wrong test for assessing personal jurisdiction in a case involving alleged counterfeit dolls being sold on Amazon. The U.S. District Court for the District of Utah denied a motion for default judgment filed by Utah-based Bountiful Baby, a maker of kits for creating “reborn dolls,” against two Chinese companies— Adolly US (AUS) and Reborn Doll Gallery (RDG)—that it claimed were selling

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Two Upcoming Webinars with Erik

Erik K Pelton

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.

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Creator Spotlight with Cartoonist Maryette Clement

Copyright Alliance

This week we’d like to introduce cartoonist and author Maryette Clement. Maryette’s book, The Teenyboppers #1, is available on Amazon. Be sure to also follow her on Instagram. What was the inspiration behind becoming a […] The post Creator Spotlight with Cartoonist Maryette Clement appeared first on Copyright Alliance.

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G7 Competition Authorities, Including DOJ and FTC, Release Joint Statement on AI Competition — AI: The Washington Report

JD Supra Law

On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges. The summit culminated in the release of a Digital Competition Communique, outlining the authorities’ shared concerns about competition risks in the AI ecosystem and joint commitments around safeguarding and promoting competition in the ecosystem.

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DOJ, State AGs File Proposed Remedial Framework in Google Search Antitrust Case

IP Watchdog

On October 8, the U.S. Department of Justice (DOJ) and attorneys general (AGs) from every U.S. state as well as the District of Columbia, Guam and Puerto Rico filed a proposed remedy framework in the federal antitrust lawsuit against Internet services giant Google currently ongoing in the U.S. District Court for the District of Columbia. While the proposed remedies could change with further discovery, the framework includes several measures that would prohibit Google’s self-preferencing its sear

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Artist Rights Institute: Estimated 2025 Inflation Adjustment for Physical and Vinyl Mechanicals

The Trichordist

The fight over frozen mechanicals continues to pay off as songwriters log another cost of living increase for physical/downloads while streaming falls farther behind.

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Pirate IPTV Server Shut Down as City of London Police Target UK ‘Bulk Seller’

TorrentFreak

Police and anti-piracy groups in the UK appear to be following through with a pledge to keep cracking down on those involved in the pirate IPTV ecosystem. Most arrests recently have targeted IPTV subscription resellers, i.e those who buy subscriptions and sell them on to friends, family, and increasingly anyone on social media, at a profit. A report from the Police Intellectual Property Crime Unit (PIPCU) at City of London Police suggests that a different type of player was targeted in an operat

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[Video] What's the Tea in L&E? Getting Sued for Using Photos of Employees

JD Supra Law

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this segment, Woods Rogers Patent & Intellectual Property Attorney Tim Bechen joins the conversation with Leah Stiegler and Emily Kendall Chowhan. They discuss name, image, and likeness (NIL) rights for employees. Watch the latest episode to learn about the legal requirements to use photos or videos of your employees.

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Other Barks & Bites for Friday, October 18: OpenAI Outlines Defensive Patent Strategy; Microsoft Files Opposition in Lawsuit Alleging Illegal Buyer’s Cartel for Patent Licenses; Moderna Under Fire for Spikevax Vaccine Tech

IP Watchdog

This week in Other Barks & Bites: OpenAI explains its defensive patent strategy in a short blog post; GlaxoSmithKline sues Moderna for patent infringement related to the COVID-19 vaccine; and patent offices from the European Union, Japan, and the United States meet to discuss collaborative strategies for sustainable innovation.

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BREAKING: Fla. Jury Finds 2 Live Crew Can Take Back Music Rights

IP Law 360

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.

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Trademark for ‘Hush Products’: Is there Greater Likelihood of Consumer Confusion?

SpicyIP

Breaking down the Delhi High Court’s recent order concerning goods of intimate nature (labelled as “Hush Products” by the Court), SpicyIP intern Bhuwan Sarine assesses the Court’s unique finding on likelihood of confusion in case of these products. Bhuwan is a third year B.A., LL.B. (Hons.) student at National Law School of India University, Bengaluru.

Trademark 105
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Subject Matter Eligibility of AI Innovations—USPTO’s Updated Guidance

JD Supra Law

This article discusses the July 17, 2024 guidance issued by the United States Patent and Trademark Office (“USPTO”) regarding the subject matter eligibility of patent claims involving artificial intelligence (“AI”). The guidance: (1) reaffirms that the existing patent eligibility guidance (“PEG”) framework applies to AI, (2) emphasizes the potential for “practical applications” of AI, and (3) provides Examples 47-49.

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China’s Administrative Patent Infringement Procedure: A Litigation Tool Worth Patent Holders’ Notice

IP Watchdog

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.

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Infosys Limited Vs. Southern Infosys Limited Case On Trademark Infringement

IP and Legal Filings

Introduction The case revolved around the unauthorised use of the Infosys trademark by Southern Infosys Limited. The High Court of Delhi delivered its judgment on May 27, 2024. This is an important ruling that underscores the importance of trademark protection and issues of infringement. This case is a name closely similar to the well-known Infosys Limited.

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UCLA Professor Takes on Academic Publishing Giants in Groundbreaking Antitrust Lawsuit 

SpicyIP

Recently a professor from the University of California, Los Angeles filed an antitrust complaint against six academic publishers before the US District Court for the Eastern District of New York. SpicyIP intern Samridhi Chugh writes on this development, discussing the many problems posed by the business of academic publishing. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women.

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Recapping a Busy Summer for Director Review

JD Supra Law

United States Patent and Trademark Office (USPTO) Director Kathi Vidal had a busy end to her summer, issuing six decisions as part of the Director Review process between July 10 and August 22. In the six decisions, the Director vacated four decisions denying institution, vacated one finding of adverse judgment, and generally upheld a grant of a motion for sanctions, modifying the order in part.

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After Historic Win, MPA Battles Endless FMovies, Soap2Day & 123Movie Clones

TorrentFreak

Six years ago when attention was focused elsewhere, the MPA warned that lacking legislation and rising broadband penetration would eventually transform Vietnam into a major online headache for rightsholders. Yet perhaps not even the MPA expected sites like FMovies and Aniwatch to attract hundreds of millions of visitors every month. Coupled with a complex and politically sensitive environment in Vietnam, where established anti-piracy principles seemed to carry little to no weight, at times Holly

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