Sat.Oct 28, 2023 - Fri.Nov 03, 2023

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9 Spooky Copyright Stories for Halloween

Plagiarism Today

It's Halloween, so let's take a look at 9 copyright stories that show how intellectual property has shaped the spookiest holiday. The post 9 Spooky Copyright Stories for Halloween appeared first on Plagiarism Today.

Copyright 284
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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

Interpretations of G 2/21 by the EPO Boards of Appeal have so far been reasonably patentee-friendly. Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect.

Invention 117
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A Timeline Of Stroock & Stroock's Descent

IP Law 360

Stroock & Stroock & Lavan LLP's management intends to dissolve the firm in the near future following a partner vote on the plan last week, Law360 Pulse confirmed on Tuesday. The plan means the end of the 147-year-old New York-based firm, but it follows more than a year of a trickle, and at times a torrent, of departures and unsuccessful merger talks.

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White House Executive Order on AI Punts on IP Issues

Intellectual Property Law Blog

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. Some of the IP issues include: i) whether training AI models on copyrighted content constitutes infringement; ii) whether the output of genAI that is based on copyright-protected training

IP 262
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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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President Biden Signs Executive Order Calling for AI Watermarking

Plagiarism Today

President Biden has signed an executive order targeting security concerns around AI, that calls for regulations to watermark AI work. The post President Biden Signs Executive Order Calling for AI Watermarking appeared first on Plagiarism Today.

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Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Hugh Stephens Blog

Photo: Author (Poppy paid for!) I was at a store a couple of days ago and as is common at this time of year, there was the tray of Remembrance Day poppies on offer, with the proceeds going to the Royal Canadian Legion. I slipped in my $5 donation (is that enough in these days … Continue reading "Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Design 243

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White House Executive Order Ramps Up US Regulation of and Policy Toward AI

Intellectual Property Law Blog

The US just catapulted into being the world leader on regulating AI. Bypassing Congress, the White house issued an Executive Order focusing on safe, secure and trustworthy AI and laying out a national policy on AI. In stark contrast to the EU, which through the soon to be enacted AI Act is focused primarily on regulating uses of AI that are unacceptable or high risk, the Executive Order focuses primarily on the developers, the data they use and the tools they create.

Privacy 130
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3 Count: Choreography Appeal

Plagiarism Today

Choreography lawsuit revived on appeal, two major Georgian streaming sites go offline and Mariah Carey sued again over Christmas hit. The post 3 Count: Choreography Appeal appeared first on Plagiarism Today.

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Russia Blocks 167 VPNs, Steps Up OpenVPN & WireGuard Disruption

TorrentFreak

Late March 2023, Russia augmented its long-burning VPN crackdown with a series of PSAs claiming that using a VPN for security is actually much worse than not using a VPN at all. One of the ads warned that VPNs somehow obtain users’ passport details, plus their names, addresses, and dates of birth. Another suggested that since VPNs in Russia know everything about their users, spouses might learn about secret affairs, a high price for accessing a social network blocked in Russia, the PSA add

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Safe, Secure, and Trustworthy Artificial Intelligence

Patently-O

by Dennis Crouch The White House this week issued a new executive order focusing on a variety of aspects of regulating artificial intelligence, some of which focuses on IP issues. The executive order lays out eight guiding principles for manages risks while allowing growth and benefits: Ensuring AI is safe, secure and trustworthy, including through developing guidelines, standards and best practices, verifying reliability, and managing risks related to national security, critical infrastructure

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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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October 2023 Roundup of Copyright News

Copyright Alliance

In October, Artificial Intelligence (AI) continues to dominate copyright law headlines as the U.S. Copyright Office received initial comments for its AI study, the White House issued an Executive Order […] The post October 2023 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 123
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3 Count: Trimmed Down

Plagiarism Today

Lawsuit against image AI companies trimmed down, Brazil regulators claim success in piracy fight, though piracy in the EU is on the rise. The post 3 Count: Trimmed Down appeared first on Plagiarism Today.

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CCC at the Charleston Conference 2023

Velocity of Content

CCC is pleased once again to participate at The Charleston Conference , the annual gathering of librarians, publishers, electronic resource managers, consultants, and many others to discuss issues of importance to them all. For those attending the Charleston Conference, CCC will host When the Deal is Done: Reporting the Transformation on Wednesday, 8 November at 2:40 pm EST, a fireside chat featuring Sybille Geisenheyner, Director of Open Science Strategy & Licensing, American Chemical Socie

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Artist’s Copyright Claim against Stability AI Moves Forward Following a First-of-Its Kind Ruling

JD Supra Law

Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale copyright infringement—a potential threat to the commercial viability of these models. On October 30, in Andersen v. Stability AI Ltd. et al.

Copyright 120
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Brazil Regulator Claims “80% of Pirate TV Boxes” Were Blocked Last Week

TorrentFreak

Authorities and rightsholders in Brazil appear determined to disrupt, restrict, or completely deny access to the illegal TV market enjoyed by millions of local citizens. From taking on pirate IPTV services to the outlawing of non-certified set-top boxes, to blocking illegal streaming websites and the removal of pirate apps, no target is off limits. One of the agencies at the forefront of this anti-piracy activity is the National Telecommunications Agency, better known as Anatel.

Reporting 119
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3 Count: FileWarez Gone

Plagiarism Today

Brazilian site FileWarez is closed, an Indian court demands embarrassing videos removed and TikTok influencer targets fashion dupes. The post 3 Count: FileWarez Gone appeared first on Plagiarism Today.

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TTABlog Test: Is DRYLANDS BREWING COMPANY for Beer and Restaurant Services Confusable with DRYLANDS for Wine?

The TTABlog

The USPTO refused to register that mark DRYLANDS BREWING COMPANY & Design for "beer" and for "restaurant services, including sit-down service of food and take-out restaurant services; taproom services featuring beer brewed on premises” [BREWING COMPANY disclaimed], finding confusion likely with the registered mark DRYLANDS for wine. On appeal, applicants argued that DRYLANDS BREWING COMPANY is a unitary term engendering a "distinct commercial impression that is independent of the constituent

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EPO Enlarged Board of Appeal Introduces Strong Presumption of Priority Entitlement

IP Watchdog

The Enlarged Board of Appeal of the European Patent Office (EPO) on October 10 issued its (consolidated) decision G1/22 & G2/22, which promises to significantly reduce priority issues for applicants—U.S.applicants in particular. When the applicants for a European patent application differ from the applicants on the priority application, the EPO employs the well-established “joint applicants approach” to evaluate the priority claim's validity.

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ACE/MPA Target VivaTV, StreamTape & VidSrc: A Peek Under the Hood

TorrentFreak

For those trying to avoid identification by anti-piracy groups with considerable but nevertheless finite resources, staying out of reach is certainly possible. Over the past six years, after unmasking at least dozens but potentially hundreds of site operators, the Alliance for Creativity and Entertainment has shown that the opposite is possible too.

IP 118
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CCB Bars Claimant, Attorney from Filing Cases for One Year

Plagiarism Today

For the first time ever, the Copyright Claims Board has barred a claimant and a lawyer from filing claims for 1 year. Here's why. The post CCB Bars Claimant, Attorney from Filing Cases for One Year appeared first on Plagiarism Today.

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Halloween Makeup and Copyright

Copyright Alliance

As the days grow shorter and the warmth of summer wanes, store aisles give way to a mesmerizing array of candy, costumes, and Halloween décor. Halloween, that bewitching night when […] The post Halloween Makeup and Copyright appeared first on Copyright Alliance.

Copyright 114
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The Briefing: Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix

The IP Law Blog

A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Copyright 113
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ACE & Georgian Govt. Shut Down Pirate Sites Already “Shut Down” Last Year

TorrentFreak

For Georgia’s 3.7 million citizens, the European mainland lies just over the Black Sea. For the determined, EU membership is also visible on the western horizon; those who look to the north see little except Russia. The European Union’s preparations to welcome Georgia into the bloc are both meticulous and extraordinarily complicated. Several dedicated websites detail various aspects of vision and planning , yet barely manage to scratch the surface of the challenges ahead.

Cinema 117
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Taco Tuesday for All

JD Supra Law

Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. This comes on the heels of Taco John’s giving up its “Taco Tuesday” trademark in all other states this summer.

Trademark 110
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Vidal Wants Input on Proper Sanctions for Withholding Evidence from PTAB

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued an Order last week in a sua sponte Director Review proceeding asking the parties to Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC and any interested amici to weigh in on the appropriate sanctions remedy when a party withholds evidence in an America Invents Act (AIA) proceeding.

Invention 111
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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Invalidity in view of added matter is a common patent pitfall in Europe ( IPKat ). The EPO takes a hard-line against amendments that cherry pick non-generalisable features from separate embodiments.

Invention 111
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State Attorneys General Warn Public About Piracy Scams and Malware

TorrentFreak

Over the years we have seen dozens of anti-piracy campaigns. Initially, many of these tried to appeal to people’s morals. You wouldn’t steal a car , right? This type of messaging doesn’t work for everyone , so more direct tactics have also been explored. These often focus on the risks associated with piracy, running into legal trouble, for example. However, due to the perception that exposure to these types of issues is relatively unlikely, the overall deterrent effect can be quite limited.

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Choreography Copyright Gets Its Due in the Ninth Circuit

Copyright Lately

In a first-of-its-kind ruling, the Ninth Circuit Court of Appeals has revived choreographer Kyle Hanagami’s copyright lawsuit against Fortnite’s Epic Games. Choreography is like the Rodney Dangerfield of copyright law. It wasn’t until 1952 that modern dance pioneer Hanya Holm was able to secure the first ever copyright registration for her choreography of the Broadway musical Kiss Me Kate.

Copyright 109
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Apple Loses at ITC with Apple Watch Import Ban

IP Watchdog

On Thursday, October 26, the U.S. International Trade Commission (ITC) issued a limited exclusion order (LEO) and cease and desist order against Apple, potentially barring the technology company from importing Apple Watches into the United States. The ITC found Apple violated section 337 by importing Apple Watches that infringed on two Masimo patents that covered technology related to reading blood-oxygen levels.

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Ask the Expert: What to know about road safety and personal injury

Nelligan Law

Reading Time: < 1 minute With more workers returning to the office and the school year in full swing, Ottawa roads are busier than ever. Unfortunately, that also means an increase in accidents involving drivers, cyclists, and pedestrians. If you are involved in an accident, what are the first steps you should take? How is liability determined if a collision involves multiple parties?

Law 105
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Filmmakers Drop Piracy Lawsuit Against Texas Internet Provider

TorrentFreak

Two years ago, several movie production companies, including the makers of Hellboy, Rambo V, The Hitman’s Bodyguard, and Dallas Buyer’s Club, sued Internet provider Grande Communications. The filmmakers accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Introduction to Trademark Dilution The concept of Dilution was first introduced in 1927, a theory was propounded namely The Rational Basis of Trademark in the article of Mr. Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

Trademark 105
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Pharma and medical device regulation – GTDT – Lexology

Olartemoure Blog

A Clear Guide for the Regulation of the Pharma and Medical Device Industry in Colombia The Pharma and Medical Device industry is one of the biggest in the world. Its regulation changes country to country, which can sometimes make comparisons difficult. Due to this, Lexology decided to publish a series of reference guides that allow for comparison among more than 20 jurisdictions all around the world.

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AI “Training” Still an Open Copyright Question

The Illusion of More

On October 30, Judge Orrick of the Northern District of California largely granted the AI companies’ motions to dismiss the class-action complaints filed by Sarah Andersen, Karla Ortiz, and Kelly McKernan on behalf of all visual artists whose works have been used without permission for the purpose of “training” generative AI models. Several complaints were […] The post AI “Training” Still an Open Copyright Question appeared first on The Illusion of More.

Copyright 104
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YTMP3 Wants Google to Identify Alleged DMCA Fraudsters

TorrentFreak

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. It’s a powerful tool that takes millions of URLs and links offline every day. In most cases, this happens for a good reason, but some takedown efforts are more questionable. Fraudsters occasionally use false DMCA notices to target competitors.