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Why Plagiarizing Iron Maiden is a Really Bad Idea

Plagiarism Today

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.

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Plan Ahead

Erik K Pelton

Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand. The post Plan Ahead appeared first on Erik M Pelton & Associates, PLLC. Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand.

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The Economics of Copyright: Incentives and Rewards (It’s Important to Get them Right)

Hugh Stephens Blog

Image: Shutterstock Two years ago, in April 2022, the US Copyright Office (USCO) appointed its first Chief Economist, Dr. Brent Lutes. Many national Intellectual Property Offices have such a position, e.g, UK IPO, IP Australia, EUIPO, and WIPO. (Notably, Canada’s Intellectual Property Office–CIPO–does not).

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Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

JD Supra Law

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.

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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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Subscene’s Demise is No Surprise But Millions of App Users Face Disruption

TorrentFreak

After two decades online and maybe even a few more under Divxstation branding right at the beginning, veteran subtitle download site Subscene.com has finally thrown in the towel. In various guises, linked to specific geographic regions, perhaps as many as 50 domains can be linked to Subscene over the past twenty years. At a time when legal streaming services didn’t even exist, Subscene offered subtitles for large libraries of movies and TV shows in multiple languages.

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How the Copyright Claims Board Deals with Bad Faith Filers

Plagiarism Today

The Copyright Claims Board has to strike a delicate balance between allowing for mistakes and preventing abuse. Here's how it does it. The post How the Copyright Claims Board Deals with Bad Faith Filers appeared first on Plagiarism Today.

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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights.

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FTC Issues Final Rule Banning Non-Compete Agreements

JD Supra Law

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition. The Final Rule will go into effect 120 days after being published in the Federal Register, though there will certainly be legal challenges to it.

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art. References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known.

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The Difficult Nuance of Plagiarism

Plagiarism Today

Plagiarism is a complicated and nuanced topic. However, that nuance is often lost when it becomes a matter of public interest. The post The Difficult Nuance of Plagiarism appeared first on Plagiarism Today.

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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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On the Internet, “Partners” Don’t Hear You Scream: Spotify CEO Makes a $350M “Bundle” While Sticking Songwriters with an ESG “Bundle” of Crap

The Trichordist

Spotify CEO Daniel Ek makes a $350 million bundle off of selling Spotify stock at the same time he extracts profits by reducing songwriter royalties.

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Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss

IP Law 360

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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USPTO Announces Request for Comments: AI's Impact on Prior Art and the PHOSITA

JD Supra Law

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures.

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Infographic | Shakespeare and Intellectual Property

Olartemoure Blog

In the Elizabethan time, plagiarism in theater and in literature wasn’t viewed as it is today. Authors like Shakespeare freely drew inspiration from various sources. A clear example can be seen in “Romeo and Juliet,” where Shakespeare took a lot from Arthur Brooke’s poem, “The Tragical History of Romeus and Juliet,” published in 1562 , but enriched the story and characters.

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3 Count: One More AI Lawsuit…

Plagiarism Today

Google sued by artists over image generation AI, OpenAI inks deal with the Financial Times and Fearless Girl creator settles case with bank. The post 3 Count: One More AI Lawsuit… appeared first on Plagiarism Today.

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Copyrightability of AI-Generated Works

Copyright Alliance

Where and how should we draw the line between protectable and non-protectable AI-generated works? There is little doubt that most of the focus relating to the impact of artificial intelligence […] The post Copyrightability of AI-Generated Works appeared first on Copyright Alliance.

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Grubhub Urges Justices Not To Review Kroger TM Dispute

IP Law 360

Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.

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Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

JD Supra Law

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions. At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use.

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Tips for Using AI Tools After the USPTO’s Recent Guidance for Practitioners

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) recently released new guidance for practitioners using artificial intelligence (AI)-based tools. The guidance primarily serves as a reminder of longstanding requirements and best practices for patent and trademark practitioners. For example, patent practitioners have a duty of candor and good faith to the USPTO and a duty of confidentiality to their clients.

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3 Count: Spotify Robots

Plagiarism Today

Lawsuit over Tiger King music is dismissed, Protecting Lawful Streaming Act sees its first conviction and band outs Spotify copycats. The post 3 Count: Spotify Robots appeared first on Plagiarism Today.

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April 2024 Roundup of Copyright News

Copyright Alliance

In April, the creative community celebrated World IP Day amid a flurry of copyright related activities. Congress was busy with a variety of copyright issues with an AI and authorship […] The post April 2024 Roundup of Copyright News appeared first on Copyright Alliance.

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How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

IP Law 360

Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.

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Cannabis Rescheduling and What It Means for Trademark Owners

JD Supra Law

What was hinted at in the fall of 2023 appears to be heading towards reality as reports circulate that the U.S. Drug Enforcement Administration (DEA) has agreed to reschedule marijuana—or cannabis, as most in the industry prefer—from Schedule I to Schedule III status under the Controlled Substances Act (CSA).

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The Law Bytes Podcast, Episode 202: David Soberman on the Reality Behind Claims Canadian Wireless Prices Have Been Cut in Half

Michael Geist

Prime Minister Justin Trudeau recently claimed that “ we’ve cut the cost of cell phone plans in half since 2019 – in part by increasing competition.” Is that true? What is the real state of Canadian wireless competition and how does pricing compare with other countries? To help answer those questions, this week David Soberman , a Professor of Marketing at the Rotman School of Management at the University of Toronto and the Canadian National Chair of Strategic Marketing joins the Law Bytes

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3 Count: Privacy vs. Piracy

Plagiarism Today

More newspapers sue Microsoft and OpenAI, CJEU rules Hadopi is legal and Netflix wins dismissal of King of Collectibles lawsuit. The post 3 Count: Privacy vs. Piracy appeared first on Plagiarism Today.

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Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallicunations

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.

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11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit

IP Law 360

The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.

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FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

JD Supra Law

On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which a district court should generally order “stay, transfer, or dismissal” of a second-filed action that substantially overlaps with a pending, first-filed action—in this case, Ryan, LLC v.

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Site-blocking: can the U.S. finally get it done?

The Illusion of More

The Motion Picture Association (MPA) has prefaced a renewed interest in site-blocking legislation to combat piracy. Will things be different this time? When the internet industry killed the antipiracy bills SOPA and PIPA in January 2012, I was a newbie blogger but guessed at the time that those parties had totally blown their wad on […] The post Site-blocking: can the U.S. finally get it done?

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Columbia Unviersity President Targeted with Plagiarism Allegations

Plagiarism Today

Nemat “Minouche” Shafik, the President of Columbia University, is facing allegations of plagiarism. Here's why her case is different. The post Columbia Unviersity President Targeted with Plagiarism Allegations appeared first on Plagiarism Today.

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Pirate Site Blocking Agency Reveals How and Why Pirates Circumvent Blocking

TorrentFreak

This year, major rightsholders are hoping that data from similar programs overseas will persuade Congress that site-blocking is a measured and reasonable response to surging worldwide piracy rates. The usual entrenched positions on whether site blocking is, or indeed is not, a type of censorship in conflict with free speech, will be heard once again.

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Walgreens Fights $1B Arb. Award Over COVID Test Contract

IP Law 360

At-home lab test maker Everly Health urged a Delaware federal judge to affirm its nearly $1 billion arbitration award against Walgreens over claims the pharmacy chain deliberately misused the digital health platform's trademark while secretly diverting COVID-19 tests to its own pharmacists while Walgreens argued the arbitrator overstepped his authority in bestowing such an "egregious" award.

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The Pitch - April 2024

JD Supra Law

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.

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When Are Nonprofits Exempt From Sales Tax? Sales and Use Tax Exemption – Cogency Global

Cogency Global

What this is : Most nonprofits are exempt from federal and state income tax, and they are also frequently exempt from real property tax. But the one tax exemption that even nonprofits sometimes find elusive is sales tax. What this means : Considering the varying state processes for obtaining sales tax exemption along with specific charitable use requirements, it can be challenging to determine where, when and how a nonprofit organization qualifies for a sales tax exemption.

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3 Count: Nintendo Wipeout

Plagiarism Today

Nintendo wipes out more than 8,500 repos on GitHub, UK Lords pressures the government to act on AI, and YouTuber praises Kendrick Lamar. The post 3 Count: Nintendo Wipeout appeared first on Plagiarism Today.