Intellectual Property Law Blog

FEBRUARY 14, 2024

The Board granted institution without construing any claim terms, as neither party had raised any claim construction issues. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art.

Inventor 130

Inventor Patent Art Law 130

Plagiarism Today

MAY 2, 2022

However, she claims that counterfeit sellers are stealing her images and creating ads for knock off works on Facebook using them. This case has largely slipped under the radar in terms of news coverage. It is estimated to be used by more than half of the people with internet access on the planet. The reasons are fairly simple.

Social Media 246

Social Media Copyright Infringement Copyright Plagiarism 246

Intellectual Property Law Blog

MAY 2, 2023

Some of these issues are specific to doing business with the government and others are broader issues that all companies face when using AI, and generative AI (GAI) in particular. This rapid increase in the use of AI creates a number of legal issues, some of which are addressed below.

Government 237

Government Business Licensing Copyright 237

Intellectual Property Law Blog

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Whether the district court erred by not construing claim terms. Sanderling opposed Snap’s motions. Whether Sanderling’s proposed amendments to its complaint were futile.

Invention 130

Invention Patent 130

IP Watchdog

JULY 27, 2021

“Name, Image, Likeness” rights, the term commonly used to designate rights covered under right of publicity law, has been a popular and trending term thus far in 2021, and a hotly debated topic in the world of sports. With the Supreme Court’s ruling in NCAA v. college athletes and recruits. college athletes and recruits.

Intellectual Property 98

Intellectual Property Advertising Advertising IP 98

Plagiarism Today

JANUARY 27, 2022

As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. Even back then, privacy issues were a hot topic with many concerned that such a public database of personal information would lead to spam, harassment and other issues.

Privacy 305

Privacy Registration Plagiarism Publishing 305

Plagiarism Today

APRIL 20, 2022

Namely, it says that scraping content from a publicly accessible website is not a violation of the Computer Fraud and Abuse Act (CFAA), even if such activity is barred by the site’s terms of service. Web scraping has been a divisive topic both ethically and legally in large part because of variety of activities it covers.

Licensing 235

Licensing Government Plagiarism Copyright 235

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Erik K Pelton

FEBRUARY 21, 2022

Our topic : the only time I’ve received a negative review online. And honestly, I don’t even know statistically what my track record is in terms of the percentage of applications that have been granted. The following is a transcript of my video The Time I Got a Negative Review. And it’s still up there.

Trademark 147

Trademark Registration 147

Erik K Pelton

JULY 14, 2022

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. Lots of us use others to help create content online. Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Plagiarism Today

JANUARY 24, 2022

They aren’t meant to be complete overviews, just catch up guides for those interested in that specific topic. Best of all, it’s written in plain language, making it very easy to understand, and offers references to other circulars for a deeper dive on particular topics if wanted. The reason is fairly simple. perspective.

Copyright 222

Copyright Public Domain Registration Plagiarism 222

The IPKat

DECEMBER 7, 2021

This is a highly topical issue, with methods or devices which utilise technology that is essential to implementing a standard often being protected by patents, running the risk that a third-party manufacturer would be unable to create standard compliant products. Image: gov.uk The link between?SEPs, SEPs, innovation?and interrelate with each?other.??

Patent 143

Patent Intellectual Property Government Publishing 143

Velocity of Content

APRIL 18, 2023

The use of analytics to drive decision making in life sciences is nothing new. Yet, as the explosion in data and information has spread pervasively across research and development organizations, putting these treasure troves of data to use has become a priority. It takes five minutes, on average, to read one page of technical material.

Art 98

Art Publishing Technology Copyright 98

The IPKat

NOVEMBER 29, 2023

The standard principle that abbreviations of descriptive terms become inherently descriptive when used as such, and the relevant public, acknowledges them as being identical to the full descriptive meaning, does not apply here either, at least not in our opinion.

Cease and Desist 76

Cease and Desist IP Trademark Designs 76

The IPKat

MARCH 16, 2024

Topics cover, inter alia, preliminary measures in IP matters in the UPC and national court practices, indirect infringement of IP rights in cross-border situations and enforcement of financial claims in IP matters. 018672791 ), filed by the Administration of the State Border Guard Service of Ukraine. The full programme is accessible here.

Intellectual Property Law 67

Intellectual Property Law Intellectual Property Blogging Copyright Law 67

Corsearch

APRIL 5, 2024

These sessions, led by esteemed panelists from organizations such as Warner Music Group, Estée Lauder, PwC, and more, explored a diverse range of topics crucial to the modern trademark landscape, which are covered in more detail below. Portfolio management: Regularly audit trademarks and watches to ensure alignment with business objectives.

Trademark 59

Trademark Confidentiality Branding Brands 59

SpicyIP

FEBRUARY 23, 2023

Image from here A topic close to this blog’s heart – informal innovation, recently made headlines. Navjot Sawhney designed washing machines that are cranked by hand and do not use any electricity. Navjot Sawhney designed washing machines that are cranked by hand and do not use any electricity.

Marketing 126

Marketing Marketing Invention Patent 126

The IPKat

DECEMBER 5, 2021

Consequently, both amendment bills were unable to proceed and lapsed upon expiry of the respective terms of the Legislative Council. The Government of Hong Kong has released a public consultation paper on updating Hong Kong’s copyright regime on 24 November 2021. Members of the public are invited to provide their views by 23 February 2022.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

IPilogue

SEPTEMBER 13, 2021

Pina D’Agostino secured three $10,000 grants from Mitacs, one of which was used to fund this internship. . I was tasked with creating business and marketing materials for the Engineering and Technology practice group, focusing mainly on topics pertaining to patent prosecution. As Principal Investigator, Prof.

Business 115

Business IP Intellectual Property Law Intellectual Property 115

The TTABlog

NOVEMBER 18, 2021

The Board affirmed a refusal to register the proposed mark LETTERS & NUMBERS (in standard character form) on the Supplemental Register, finding it to be generic for printed and electronic publications "in the field of educational and entertainment materials targeted to children on the topic of alphanumeric characters and symbols."

Registration 44

Registration Designs Design Branding 44

Technology & Marketing Law Blog

OCTOBER 23, 2021

Stern cannot reasonably dispute agreeing to Peloton’s Terms of Service. Stern cannot reasonably dispute agreeing to Peloton’s Terms of Service. Stern created his Peloton account in 2019, the registration process still required users to affirmatively click a button acknowledging they agreed to the Terms of Service.

Contracts 115

Contracts Registration Litigation Copying 115

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. In the short term, rightsholders will continue to request subpoenas, hoping that information held by U.S.

Publishing 120

Publishing Advertising Advertising Music 120

Velocity of Content

APRIL 2, 2024

Having to dedicate their resources to the tedious but essential task of building datasets only moves them farther from reaching their goals, including helping to solve business challenges using this data. This effort can be further impacted when factoring in any navigation of licensing necessary to use the data.

Licensing 75

Licensing Business Publishing Marketing 75

Velocity of Content

APRIL 26, 2022

That strikes me as certainly a worthy and intriguing topic, but before saying more about why I’m inclined to think so, I think the terms used could probably stand a little unpacking first. Many of us remember thinking, “I can write a song like that!” What does the term “Intellectual Property” (IP) refer to?

IP 97

IP Intellectual Property Social Media Music 97

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. If you don’t want to agree to arbitration, you can easily opt-out via an online form, within 30-days of these Terms becoming effective. The Court Opinion.

Contracts 107

Contracts Blogging Business Law 107

IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. Emphasis added.)

Copyright 62

Copyright Technology Artwork Blogging 62

The IPKat

JUNE 13, 2022

For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IP and Legal Filings

FEBRUARY 2, 2024

What the Law States A mark over religious symbols, names of holy books, names of God, Goddesses, or other deities, religious figures, pictures of deities, names of religion, or any other name or picture with a religious reference that can be used to differentiate the goods or services of one person from another is considered a religious mark.

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

SpicyIP

JUNE 19, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

IP 119

IP Fair Use Invention Copyright 119

The IP Law Blog

AUGUST 12, 2021

For example, and this is the most prevalent issue I’ve seen, many companies include language in the agreements that would grant the company a license “in perpetuity” to use the athlete’s NIL. But what does that mean in practical terms? But, of course, no benefit comes without its risks. Therein lies the risk. How is that fair?

Intellectual Property 98

Intellectual Property Social Media Licensing Contracts 98

The IP Law Blog

MARCH 5, 2021

Peloton cited to Internet evidence, including memes, to support its argument that the terms SPIN and SPINNING have become generic. Generic terms are terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Brands Branding 85

The IPKat

APRIL 23, 2023

After this, they discussed a set of various topics related to the RoP and the Agreement on the Unified Patent Court (UPCA). Another topic related to the way judges interpret the RoP, as these leave some room for the judges to apply their national interpretation norms. After more than 80 attendees had taken their seats, moderator Prof.

Reporting 76

Reporting Journalism Litigation Patent 76

TorrentFreak

AUGUST 18, 2022

The community-driven platform has “subreddits” dedicated to pretty much every topic you can think of. These generate a constant stream of discussions and links, some more useful than others. They delete spam, remove off-topic content, and make sure that ‘unauthorized’ content is swiftly removed.

Copyright 141

Copyright Copyright Infringement 141

TorrentFreak

MARCH 29, 2024

A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders.

Privacy 102

Privacy Publishing Marketing Marketing 102

Kluwer Copyright Blog

JANUARY 17, 2024

In general, they use what is called a transformer architecture. On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

SpicyIP

FEBRUARY 27, 2024

While the terms like virtual reality, AI, etc., On the trademark side, relevant is this post by Bhavya Solanki and Medha Bhatt discussing the applicability of the fair use provisions of trademark law to the unauthorized use of trademarks in the virtual world. It’s the 8th post of this monthly series. Just thinking aloud.)

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Velocity of Content

SEPTEMBER 19, 2022

Way back in college , I was asked by my teachers to read a short book contrasting the Hebrew term emunah (trust) with the Greek term pistis (belief). Another is transparency – answering questions such as What methods did you use? I do indeed welcome this year’s theme, and I am looking forward to reading articles on the topic.

Branding 95

Branding Brands Branding Government 95