Hugh Stephens Blog
JANUARY 7, 2024
Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.
Plagiarism Today
JANUARY 8, 2024
Plagiarism has long been a powerful weapon in politics, however, now the weaponization of plagiarism is expanding and targeting new people. The post The Weaponization of Plagiarism appeared first on Plagiarism Today.
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Erik K Pelton
JANUARY 11, 2024
The following is an edited transcript of my video 3 Things I’ve Learned Teaching Trademarks I’ve been teaching for the last few years at Howard University School of Law, where I teach and supervise the trademark clinic course. In addition, I have taught many webinars and other courses on a variety of trademark topics. I want to share three things that I’ve learned teaching about trademarks.
IP Watchdog
JANUARY 11, 2024
Today, U.S. Representatives María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) introduced the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act of 2024 to create legal mechanisms by which Americans can prevent unauthorized uses of their likenesses and voices by generative AI platforms. The bill seeks to provide for intellectual property (IP) rights in an individual’s voice and likeness as well as remedies including statutory damages and disgorged profits
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?
TorrentFreak
JANUARY 11, 2024
In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component as well.
Plagiarism Today
JANUARY 10, 2024
Wizards of the Coast has found itself at the center of yet another plagiarism scandal, this one involving an AI image in marketing materials. The post Understanding Wizards of the Coast’s New AI Art Debacle appeared first on Plagiarism Today.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Copyright Alliance
JANUARY 11, 2024
In 2023, like the rest of us who toil in copyright and creativity, the U.S. Copyright Office was also laser focused on the impact of AI on copyright. Last week, […] The post U.S. Copyright Office Activities in 2023: A Year in Review appeared first on Copyright Alliance.
The IPKat
JANUARY 12, 2024
The Italian Corte Suprema di Cassazione issued some interesting judgments about plant varieties in 2023. In particular, two cases clarified the assessment of novelty and distinctness of plant varieties that were the subject of earlier foreign IP rights, but didn’t claim priority in their subsequent Italian plant variety rights (PVR) applications. Priority for Plant Varieties This Kat was full of beans after reading these decisions on Italian plant variety law.
Plagiarism Today
JANUARY 11, 2024
The United States Copyright Office has proposed a new registration process for news sites. Here's why many should be wary. The post US Copyright Office Proposes New Collective Registration for News Sites appeared first on Plagiarism Today.
JD Supra Law
JANUARY 12, 2024
Proposed bills at the federal and state level were announced January 10, both intended to protect recording artists and the music industry from unauthorized “soundalike” vocals created using artificial intelligence (AI) technology. From Nashville to Capitol Hill, the bills would each expand publicity rights by creating a property right in an individual’s voice.
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.
TorrentFreak
JANUARY 10, 2024
In 2012, Google expanded its transparency report with a new section dedicated to DMCA takedown requests. For the first time, outsiders were able to see which URLs were being targeted by copyright holders and in what quantity. The decision to make this information public was in part triggered by a rapid increase in removal requests. The increased activity impacted the “free flow of information”, the search engine argued.
IP Watchdog
JANUARY 12, 2024
Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have introduced a bill to study the inefficiencies in the reporting system required under the Bayh-Dole Act, with an eye toward streamlining processes. Titled the “Improving Efficiency to Increase Competition Act of 2023,” the bill would direct the Comptroller General of the United States to submit a report to Congress on the impact of the various reporting requirements implemented by different agencies under Bayh-Dole for intellectual property
Plagiarism Today
JANUARY 9, 2024
In a recent decision, the Copyright Claims Board ruled in favor of a respondent, even though the respondent was in default. The post Copyright Claims Board Sides with Defaulting Party in Judgement appeared first on Plagiarism Today.
JD Supra Law
JANUARY 11, 2024
This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a cultured host cell, without some change, does not give rise to a patent eligible invention under 35 U.S.C. § 101.
TorrentFreak
JANUARY 12, 2024
For those not fully engaged in the global manga/webtoon phenomenon, the scale and depth can be a little bewildering. Fans are knowledgeable, passionate, and growing in numbers, with many older enthusiasts having been introduced to the content via pirate sites, at a time when content was impossible to buy legally. Availability is much improved today but old habits die hard; pirate sites haven’t gone away either, a major challenge for content owners everywhere, in every content category.
IP Watchdog
JANUARY 9, 2024
The U.S. Patent and Trademark Office (USPTO) published guidelines for examiners today on the topic of enablement in light of the Supreme Court’s May 2023 decision in Amgen v. Sanofi. The Office’s view seems to largely mesh with what our guest authors concluded earlier today—Amgen isn’t getting rid of In re Wands and—at the USPTO at least—the decision has seemingly maintained the status quo.
Plagiarism Today
JANUARY 9, 2024
OpenAI claims its impossible to train AI without copyrighted works, Midjourney lists artists used in their and video piracy on the rise, The post 3 Count: AI Battles appeared first on Plagiarism Today.
The IPKat
JANUARY 8, 2024
Plant-based alternatives to meat and other animal products have found their way into the shelves of traditional food retailers. This trend has caused some interesting trade mark filings and decisions. The General Court found Oatly’s slogan ‘It’s like milk but made for humans’ sufficiently distinctive inter alia for ‘diary substitutes’ (IPKat here ).
TorrentFreak
JANUARY 9, 2024
Despite the widespread availability of legal options, online piracy remains rampant. Every day pirate sites are visited hundreds of millions of times. This presents a serious problem for major content producers, Hollywood studios included, who are working hard to shut down the most egregious piracy sources. 141 Billion Visits in 2023 Fresh data released by piracy tracking outfit MUSO and consulting firm Kearney suggests that piracy remains rampant nonetheless.
JD Supra Law
JANUARY 8, 2024
The Beijing Internet Court (BIC) recently recognized copyright protection in artificial intelligence (AI) generated images, ruling that the images met the requirements of originality and reflected a human's intellectual property investment. Li v. Liu, Written Civ. Rulings (Beijing Internet Ct. Nov. 27, 2023) (China).
Plagiarism Today
JANUARY 8, 2024
Artist sues San Francisco over billboard, Steamboat Willie faces copyright struggles on YouTube and Aritzia wins dismissal in sculpture case. The post 3 Count: San Francisco Treat appeared first on Plagiarism Today.
IP Watchdog
JANUARY 9, 2024
Last term, the U.S. Supreme Court did something strange: the Court unanimously affirmed a circuit decision, which had unanimously affirmed a trial court decision. Little about the law seemed ripe for dispute or change, nevertheless, in Amgen v. Sanofi the Supreme Court spoke. Seven months later, innovators and patent practitioners are still scratching their heads.
TorrentFreak
JANUARY 8, 2024
For people on a budget and even for those who are not, there’s a lot to like about free, ad-supported television; FAST for short. Available via the internet on almost any device, streaming services like Pluto TV, Tubi, The Roku Channel, and Freevee, offer TV shows and surprisingly large movie libraries, delivered across hundreds of channels. Completely free to use, with quality improving all the time, FAST services are growing in popularity thanks to almost no barriers to entry.
Olartemoure Blog
JANUARY 9, 2024
The Digital Markets Act (DMA), the groundbreaking EU law addressing antitrust, unfair competition, and consumer protection, has now designated major tech companies as gatekeepers. The DMA defines gatekeepers as: Digital platforms that have a significant size, with an impact on the internal market, and that control a gateway from business users to end consumers with a consolidated and lasting position.
Plagiarism Today
JANUARY 11, 2024
News organizations testify before Senate against AI, Google sees DMCA takedown surge and Pink Floyd releases recordings to protect copyright. The post 3 Count: DMCA Surge appeared first on Plagiarism Today.
Likelihood of Confusion
JANUARY 6, 2024
We have written before (as have some judges) about the dubious concept of “diversion,” usually used to rationalize the equally dubious concept of “initial interest confusion,” as well as in. The post “Diversion”: Threat or menace? appeared first on LIKELIHOOD OF CONFUSION™.
IP and Legal Filings
JANUARY 11, 2024
INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc.
Olartemoure Blog
JANUARY 11, 2024
In recent years, the concept of tokenization of assets has gained a lot of attention in the business world. Tokenization refers to the process of creating digital tokens that represent ownership of an asset. The assets can be physical or digital, and tokenization allows for fractional ownership of assets, making it easier for investors to buy and sell them.
TorrentFreak
JANUARY 11, 2024
Millions of people regularly pirate movies and music. While this is against the law, most don’t get into trouble. Some people feel so comfortable about their piracy habits that they openly discuss them online. On Reddit , for example, where most people use a semi-anonymous handle. Admissions of anonymous Redditors typically go unnoticed by copyright holders and, even when observed, it’s rare for companies to take matters further or ask any questions.
Greenspoon Marder LLP
JANUARY 8, 2024
By: Gavin M. Strube, Esq. 2024 has started off with big news in the intellectual property world. Mickey Mouse has officially entered the public domain! In a page taken from the recent release of “Winnie the Pooh: Blood and Honey,” it should come as no surprise that at least two different horror movies featuring Mickey Mouse have already been announced. […] The post Copyrights, Trademarks, and a Certain Animated Mouse appeared first on Greenspoon Marder LLP.
The Illusion of More
JANUARY 9, 2024
Last week, writer and broadcaster Andrew Keen invited me to his podcast Keen On to talk (of course) about artificial intelligence. When we got to the subject of the New York Times lawsuit against Open AI and Microsoft, I noted that 1) it is arguably the strongest copyright case presented to date against an AI […] The post Recent AI Copyright Lawsuits Are About More than Compensation for Authors appeared first on The Illusion of More.
Velocity of Content
JANUARY 11, 2024
CCC’s internal Diversity, Equity, and Inclusion (DEI) Employee Resource Group recently launched a pilot Girls Who Code team at the elementary school level. Girls Who Code is an international nonprofit organization working to close the gender gap in technology, and is leading the movement to inspire, educate, and equip students who identify as girls or nonbinary with the computing skills needed to pursue 21 st century opportunities.
IP Law 360
JANUARY 12, 2024
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
IP and Legal Filings
JANUARY 9, 2024
INTRODUCTION “While we want this Constitution to be as solid and as permanent a structure as we can make it, nevertheless there is no permanence in the Constitutions. There should be certain flexibility. If you make anything rigid and permanent, you stop a nation’s growth, the growth of a living, vital and organic people” ~ Jawaharlal Nehru The most fundamental rule of interpretation is to rely on the plain meaning of the statute.
IP Watchdog
JANUARY 8, 2024
The U.S. Supreme Court today denied certiorari in Intel v. Vidal, a case that asked the Court to overturn a U.S. Court of Appeals for the Federal Circuit (CAFC) ruling concerning the Patent Trial and Appeal Board’s (PTAB’s) so-called Fintiv framework. The CAFC’s March 2023 decision said appellate review of whether the PTAB’s discretionary denial rules for inter partes review (IPR) are “arbitrary and capricious” was precluded by Section 314(d) of the patent statute.
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