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The state of North Carolina has repealed Blackbeard's law, which claimed copyright in certain works.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.
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
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.
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.
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.
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.
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
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
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.
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.
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.
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
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™.
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.
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.
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.
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.
Likelihood of Confusion
JULY 26, 2023
At least I hope so. Here are two briefs I filed on behalf of four fireworks companies in New York that have been put out of business under the rubric. The post Fireworks over the First Amendment appeared first on LIKELIHOOD OF CONFUSION™.
IP Watchdog
JULY 25, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a precedential decision affirming a district court’s mixed ruling in a patent infringement case involving two patents owned by United Therapeutics on the pulmonary hypertension drug, Tyvaso. U.S. Patent 10,716,793 and U.S. Patent 9,593,066 cover methods of treating pulmonary hypertension and pharmaceutical compositions comprising treprostinil—Tyvaso is an inhaled solution formulation of treprostinil.
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
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.
JD Supra Law
JULY 28, 2023
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? The answer is YES! if a petition is granted explaining why the color drawings or photographs are necessary for illustrating the claimed invention.
IP Watchdog
JULY 24, 2023
The European Patent Office (EPO) today launched a dashboard on Unitary Patents, which will be updated daily and breaks down data on requests for Unitary Patents by technology field, country of origin, language of translation, proprietors’ profile and status of registration. According to an EPO press release, there have been 670 requests filed on average per week since the Unitary Patent went into effect on June 1, “demonstrating high interest in the new system.
Christopher Roser
JULY 25, 2023
This is the last post on my short series on continuously moving assembly lines, where I will look at some special situations unique to the continuously moving assembly line. These lines have some interesting features for covering fluctuations within the line, for processing time that needs no worker or machine, and on the distance between. Read more The post Continuously Moving Assembly Line—Special Situations first appeared on AllAboutLean.com.
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.
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