Creative Law Center
JULY 22, 2023
Legal challenges to generative AI are on the rise. This post, an AI litigation update, is a snapshot in time looking at what is going on in two of the active cases. The post AI Litigation Update appeared first on Creative Law Center.
Hugh Stephens Blog
JULY 28, 2023
I will confess to having kept a diary for many years. What started out as a way to keep track of holidays and so on became a persistent habit that I have been unable to break to this day.
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Erik K Pelton
JULY 25, 2023
The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO). Erik explains what the TTAB is, the types of cases it handles, and how it functions in this podcast. The post What Is the TTAB? appeared first on Erik M Pelton & Associates, PLLC. The Trademark Trial and Appeal Board (TTAB) is an administrative court at the US Patent and Trademark Office (USPTO).
Plagiarism Today
JULY 25, 2023
The state of North Carolina has repealed Blackbeard's law, which claimed copyright in certain works. However, the deeper issues remain. The post Scuttling Blackbeard’s Law appeared first on Plagiarism Today.
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
JULY 26, 2023
This case addresses the requirements necessary to establish a prima facie case to correct inventorship under 35 U.S.C. § 256. Background Hormel Foods appealed the District Court’s ruling that David Howard should be added as a joint inventor on its patents. Standard of Review “Inventorship is a question of law that [the Federal Circuit] review[s] without deference.
TorrentFreak
JULY 28, 2023
There are thousands of pirate sites on the Internet but only a few will receive a permanent entry in the history books. That includes Sci-Hub. Founded by Kazakhstani computer programmer Alexandria Elbakyan, the shadow library provides free access to millions of academic publications. As such, it’s an essential tool for less privileged students and researchers around the world.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
JULY 27, 2023
The rush is on to reliably detect AI writing. However, the goal is getting further away and may never be reached at all. The post The Current State of Detecting AI Writing appeared first on Plagiarism Today.
Intellectual Property Law Blog
JULY 25, 2023
This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi. During the meeting, Ragner showed documents detailing the manufacturing process of a collapsible hose and demonstrated a prototype of the hose.
Michael Geist
JULY 28, 2023
Bill C-11 may have receded into the background of CRTC consultations and government policy directions, but Canadians concerned with user content, video game and algorithmic regulation would do well to pay attention. Lobby groups that fought for the inclusion of user content regulation in the bill have now turned their attention to the regulatory process and are seeking to undo government assurances that each of those issues – user content, algorithms and even video games – would fall
Erik K Pelton
JULY 25, 2023
In the kingdom of trademark protection, Taylor Swift is the reigning queen. Erik discusses Ms. Swift’s prolific portfolio of registered trademarks and savvy branding in this video. The post Taylor Swift’s Trademark Reputation appeared first on Erik M Pelton & Associates, PLLC. In the kingdom of trademark protection, Taylor Swift is the reigning queen.
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Plagiarism Today
JULY 25, 2023
BET wins in case over House Party, H&M sues SHEIN in Hong Kong and news publishers are joining forces against AI. The post 3 Count: House Partied appeared first on Plagiarism Today.
Intellectual Property Law Blog
JULY 25, 2023
After considering comments from various stakeholders for nearly a year, on July 24, 2023, the USPTO issued the revised interim Director Review Process. Among other changes, the revised process now permits parties to request the Director Review on institution decisions in America Invents Act (AIA) proceedings. This is a significant expansion of the scope of director review, which allows petitioners who had no appeal options to an IPR denial to now have at least one avenue of review of an institut
JD Supra Law
JULY 28, 2023
In earlier times, the Federal Circuit, responding to efforts by the U.S. Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA. Among other things, that apportionment of responsibilities was reaffirmed, albeit under different procedural circumstances, in the Federal Circuit's decision in
Erik K Pelton
JULY 25, 2023
The following is an edited transcript of my video Will AI Change Trademarks? Let’s discuss artificial intelligence (AI) in general, and whether it’s going to affect and impact the world of trademarks, and filing and registering trademarks. Some of my attorney colleagues are up in arms, wondering if their jobs are going to be replaced by AI the next five years.
Plagiarism Today
JULY 26, 2023
Nearly twenty years ago, a new technology appeared to make it easy to generate original text. Here are the lessons we didn't learn from it. The post Article Spinning: Generative Writing Before Generative AI appeared first on Plagiarism Today.
Technology & Marketing Law Blog
JULY 28, 2023
This case involves Ryan Cohen, who made a fortune running Chewy.com and then switched his interests to meme stocks. He bought a 9% interest in the failing retailer Bed Bath and Beyond, hyped the stock, and then liquidated his position, pocketing $68M in profits. BBB stockholders sued him for securities law violations. In particular, in response to a negative story about BBB, Cohen tweeted: If you don’t recognize the emoji, it’s the “ full moon face ” emoji.
SpicyIP
JULY 27, 2023
[ This guest post is authored by Devangini Rai. Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is an IP lawyer based out of New Delhi. The views expressed here are those of the author’s alone. She has previously written for SpicyIP here and here. ] Image from here The Delhi High Court in a judgement delivered by HMJ C.
Erik K Pelton
JULY 24, 2023
B-I-N-G-O … have fun with our new game board as you look for brands around you to try to complete the BINGO! The post Trademark Bingo appeared first on Erik M Pelton & Associates, PLLC.
Plagiarism Today
JULY 27, 2023
YouTube ripper appeals default judgment, India clarifies copyright on playing music at weddings and Meta releases anti-piracy tools for VR. The post 3 Count: Wedding Song appeared first on Plagiarism Today.
Michael Geist
JULY 27, 2023
It should not come as a surprise, but those hoping that the government’s much-anticipated cabinet overhaul might signal a potential course-correction on its digital policy mess will be sorely disappointed. If anything, yesterday’s changes at Canadian Heritage and Justice suggest an acceleration of plans that will include continuing to head toward the Bill C-18 cliff of blocked news links as well as introducing controversial online harms legislation and perhaps even copyright reform.
JD Supra Law
JULY 28, 2023
Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology.
IP Watchdog
JULY 26, 2023
Of the many ways that the Patent Trial and Appeal Board (PTAB) works to the detriment of the U.S. innovation economy, one of the most nefarious is the Chinese government’s use of patent validity review to advance its national interests. Recent briefing filed at the PTAB suggests that the Board is quietly helping China win the war for technological supremacy during the 21st century, mainly by destroying the economic interests of American small businesses innovating in industrial sectors critical
Plagiarism Today
JULY 24, 2023
Judge dismisses case against AI image systems, Louis Vuitton accused of music infringement and new survey looks at piracy in Russia. The post 3 Count: Louis Vuitton Song appeared first on Plagiarism Today.
Copyright Alliance
JULY 27, 2023
On July 12, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing to discuss some of the issues and possible solutions relating to copyright and generative artificial intelligence […] The post Separating Fact from Fiction in the Senate IP Subcommittee’s AI Hearing appeared first on Copyright Alliance.
Velocity of Content
JULY 26, 2023
In a recent press release , CCC announced a significant enhancement to its innovative RightsLink for Scientific Communications (RLSC) workflow solution. The new update aims to streamline and optimize the processing of OA agreements within university library consortia, which can now seamlessly process these agreements, making it easier for researchers and institutions to access vital scientific content.
TorrentFreak
JULY 27, 2023
Sky has fought piracy mechanisms of all kinds over the years. From set-top box modifications to viewing card tampering, blocking, even full PC-based emulation, the pay TV company has seen it all. Exploits that are relatively easy to pull off and work at scale are considered serious threats. Last month we reported on the sale of Sky encryption keys on platforms including Telegram.
Plagiarism Today
JULY 26, 2023
Oracle wins key victory against Rimini Street, South Korean music org fined for unfair practices and Quad9 blocks pirate site globally. The post 3 Count: Quad 9 Injunction appeared first on Plagiarism Today.
Nelligan Law
JULY 25, 2023
Reading Time: 2 minutes In the world of toys, few have captured the hearts of children and adults alike as effectively as Barbie. Created by the renowned toy company Mattel, Barbie has evolved from a simple fashion doll to a global cultural icon, and much of this success can be attributed to the power of its brand narrative. Now, with the highly anticipated Barbie movie that hit theaters on July 21, 2023, Mattel’s ability to harness the brand narrative is set to captivate audiences worldwi
IP Watchdog
JULY 27, 2023
On July 25, the U.S. Court of Federal Claims (CFC) issued a ruling in Pulnikova v. U.S. dismissing monetary damages claims for alleged violations of 42 U.S.C. § 1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). Although the CFC expressed its sympathy for the inventor’s frustrations, including the pro se filing of “appeal-books” containing thousands of pages responding to office actions, the court added that it lacked subject matter jurisdiction to award the
SpicyIP
JULY 26, 2023
Image by Freepik The DPIIT, recently issued a public notice regarding collection of royalties by copyright societies for playing of music in marriage functions under Section 52(1)(za) of the Copyright Act 1957 (Provision). Citing the Provision it directed the copyright societies to refrain from acting in contravention to the Provision. But this is not the first time the executive has issued such a clarification.
TorrentFreak
JULY 25, 2023
In 2021, Sony Music obtained an injunction ordering DNS resolver Quad9 to block the popular pirate site Canna.to. The injunction , issued by the District Court of Hamburg, required the Swiss DNS resolver to block its users from accessing the site to prevent the distribution of pirated copies of Evanescence’s album “ The Bitter Truth “ Quad9 Appeals Site Blocking Injunction The Quad9 Foundation fiercely opposed the injunction.
IP and Legal Filings
JULY 24, 2023
Introduction Shutterstock is a global provider of licensed images, videos, audio and editing tools, that has revolutionized the way visual content can be accessed and used. Founded in 2003 by photographer, programmer and entrepreneur Jon Oringer, the American company had been a pioneer in its field which is now a leading platform, headquartered in New York and spanning across 150 countries [1] , that serves as a two-sided content marketplace to bridge the gap between content creators and end-use
IP Watchdog
JULY 27, 2023
The Alliance of U.S. Startups and Inventors for Jobs (USIJ) published a White Paper this week applauding the introduction of the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June. As part of the paper, USIJ presented four case studies demonstrating how some high-profile Patent Trial and Appeal Board (PTAB) cases might have played out if the bill’s provisions had already been in force.
SpicyIP
JULY 25, 2023
We are pleased to inform you that the Chair on Intellectual Property Rights, National Law University, Delhi is inviting applications for the position of Research Assistant (Law). The last date to apply is August 05, 2023. For more detail please read the announcement below. Image from here Call for Applications – Research Assistant (Law) National Law University, Delhi (“University”) is seeking to engage, on a contractual basis, one full-time Research Assistant (Law) for Chair on Intel
Likelihood of Confusion
JULY 27, 2023
The approved and publishable amicus briefs in the appeal regarding the trademark registration of THE SLANTS are trickling in. Certainly interesting to see who is saying what. So far, they. The post Friends of the court, friends of the First Amendment appeared first on LIKELIHOOD OF CONFUSION™.
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