Trending Articles

article thumbnail

The Copyright Battle Over a Tarot Card Deck

Plagiarism Today

A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.

article thumbnail

Federal Circuit Weighs in on Temporal Rigidity of the Baye-Dole Act’s Licensing Provisions

Intellectual Property Law Blog

In University of South Florida Board of Trustees v. United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that reduction to pr

Licensing 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

What Does Fair Use and Fair Dealing Mean in an Age of Artificial Intelligence (AI)

Hugh Stephens Blog

Image: Shutterstock For those of you who may have missed it, this is “Fair Use and Fair Dealing” week, sponsored once again this year by the Association of Research Libraries in the US and the Canadian Association of Research Libraries in Canada.

Fair Use 279
article thumbnail

25 Ways to Avoid Trademark Scams

Erik K Pelton

Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com. The post 25 Ways to Avoid Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com.

Trademark 130
article thumbnail

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?

article thumbnail

My First Take on the Online Harms Act: Worst of 2021 Plan Now Gone But Digital Safety Commission Regulatory Power a Huge Concern

Michael Geist

After years of delay, the government tabled Bill C-63, the Online Harms Act , earlier today. The bill is really three-in-one: the Online Harms Act that creates new duties for Internet companies and a sprawling new enforcement system, changes to the Criminal Code and Canada Human Rights Act that meet longstanding requests from groups to increase penalties and enforcement against hate but which will raise expression concerns and a flood of complaints, and expansion of mandatory reporting of child

More Trending

article thumbnail

3 Count: Hiss, Pop and Crackle

Plagiarism Today

Music companies hit back at Internet Archive, piracy group members arrested in Canada and Michigan bar settles with ASCAP. The post 3 Count: Hiss, Pop and Crackle appeared first on Plagiarism Today.

article thumbnail

And Again, Abstract Ideas are Not Patentable!

The IP Law Blog

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023) 2023 U.S. App. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.

Patent 107
article thumbnail

Trademark Lessons from The Bear

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from The Bear. The Bear is a great television show about a restaurant—specifically building out a restaurant—and my family is in the restaurant business, so it hits close to home for me. Here’s a few trademark lessons that we can learn from The Bear. In the restaurant industry, there’s always some emergency, something going wrong.

Trademark 130
article thumbnail

Making a Proper Determination of Obviousness

Patently-O

by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. v.

Art 116
article thumbnail

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.

article thumbnail

Three Congressional Letters Show the March-In Debate Has Shifted

IP Watchdog

When the Biden Administration unleashed its proposed march-in guidelines last December, it claimed they would be a powerful tool for lowering drug prices by allowing the government to “march in” to license copiers under the authorities of the Bayh-Dole Act. It did so despite previously joining every other Administration denying price control petitions as not authorized under the law.

article thumbnail

The Bizarre IP History of Clue/Cluedo

Plagiarism Today

Clue/Cluedo is a timeless game that is nearly 75 years old. However, the IP history behind it is a sad but familiar tale of a creator missing out. The post The Bizarre IP History of Clue/Cluedo appeared first on Plagiarism Today.

IP 220
article thumbnail

OpenAI: ‘The New York Times Paid Someone to Hack Us’

TorrentFreak

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. A few hours ago, OpenAI and Microsoft responded to the New York Times complaint, asking the federal court to dismiss several key claims.

Fair Use 113
article thumbnail

Why the Criminal Code and Human Rights Act Provisions Should Be Removed from the Online Harms Act

Michael Geist

Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill , I identified the provisions as one of three red flags, warning that they “ feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints.

article thumbnail

Ninth Circuit Provides Further Guidance on Trademark Lawsuits Involving “Expressive Works”

JD Supra Law

We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc. vs. AJ Press LLC (“Punchbowl II”), applies the Rogers test for the first time following Jack Daniel’s.

Trademark 119
article thumbnail

IP Strategy Co. Seeks Sanctions For Suit Over Patent Deal

IP Law 360

Intellectual property strategy and transactions company Transpacific IP has asked the Delaware Chancery Court to sanction Slingshot Technologies LLC more than $400,000 for making "fabricated allegations" in a failed lawsuit over Transpacific's sale of Orange SA network patents.

IP 105
article thumbnail

Why Using AI for Research Papers is a Bad Idea

Plagiarism Today

A recent study from Indiana University highlights why using AI in academic publishing is a very, very bad idea. The post Why Using AI for Research Papers is a Bad Idea appeared first on Plagiarism Today.

article thumbnail

‘IFPS Gateway Operator is not Liable for Pirated Software Keys’

TorrentFreak

The InterPlanetary File System, more broadly known as IPFS , has been around for nearly a decade. While the name may sound alien to the general public, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. The system makes websites and files censorship-resistant and not vulnerable to regular hosting outages; as long as at least one user in the network continues to share.

article thumbnail

Transamerica v. Moniker Online: When domain registrars go bad

Likelihood of Confusion

[stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. v. Moniker Online Services, 672 F.Supp.2d 1353 (S.D. Fla. 2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. The decision is over […] The post Transamerica v.

article thumbnail

Other Barks & Bites for Friday, February 23: Intel and Microsoft Announce Landmark Chip and IP Deal; Court Overturns $1 Billion Copyright Infringement Ruling Against Cox; and Reddit and Google Set to Announce AI Content Licensing Agreement

IP Watchdog

This week in Other Barks & Bites: Intel and Microsoft announce a custom chip deal worth up to $15 billion; the Justice Department announces its first Chief AI Officer; and an appeals court overturns a $1 billion ruling for copyright infringement against Cox Communications.

article thumbnail

Fish & Richardson Adds Ex-Jenner & Block Life Sciences Duo

IP Law 360

Global intellectual property law firm Fish & Richardson PC announced on Wednesday that two Chicago-based litigators from Jenner & Block LLP have joined the firm's life sciences team as partners.

article thumbnail

Columbia University DEI Head Accused of Plagiarism

Plagiarism Today

Another DEI head is facing allegations of plagiarism. This one targets Alade McKen, the head of DEI for Columbia University. The post Columbia University DEI Head Accused of Plagiarism appeared first on Plagiarism Today.

article thumbnail

Nintendo’s Yuzu Lawsuit Aims to Pour Banana Peels Over All Emulators

TorrentFreak

It’s not uncommon for people to wander into some corner of the overall emulation scene with a specific question: Are emulators legal? While not necessarily true, the most common answer is: yes, emulators are completely legal but distributing the games (ROMs) is most definitely not, so don’t request them here. In response to questions from those interested in the DIY approach, gamers are often advised to rip only the games they actually own, or only download games they intend to rip,

Copying 93
article thumbnail

[Video] No Password Required: Security Analyst at Rice University, WiCys Global Book Club Host, and No Password Required’s Poet Laureate

JD Supra Law

Jo Anna Parker Martin, a security analyst at Rice University, protects students, faculty, and their data from outside threats. When she’s away from Rice University’s networks, she can be found researching artificial intelligence while listening to the iconic “Trolls” movie soundtrack. In this episode, Jo Anna joins Carlton Fields’ Jack Clabby and KnowBe4’s Kayley Melton to tell the story of how her career has changed since starting at Rice University 17 years ago.

82
article thumbnail

Explicitly yours

Likelihood of Confusion

Tomorrow I will be on a panel called “Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American University Law Review’s annual Federal Circuit Symposium. It’s being held at Arent Fox, whose web page promoting the event says: The American University Law Review’s Volume 63 Federal Circuit Symposium […] The post Explicitly yours appeared first on LIKELIHOOD OF CONFUSION™.

Law 89
article thumbnail

KPN Wins $287M Jury Verdict In Contract Beef With Samsung

IP Law 360

A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

article thumbnail

3 Count: Underpaid Royalties

Plagiarism Today

Composers and publishers owed nearly $400 million, Japanese publishers to sue Cloudflare and Sony settles copyright termination case. The post 3 Count: Underpaid Royalties appeared first on Plagiarism Today.

article thumbnail

Google Search Takedown Requests Rush to 8 Billion at Record Pace

TorrentFreak

For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. This is generally good, but copyright holders are not happy with all content that can be discovered. Pirates sites, for example, should remain hidden when possible. In recent years Google has tweaked its algorithms to address this issue.

Reporting 109
article thumbnail

Announcing the SpicyIP Inaugural Doctoral Fellow!

SpicyIP

Malobika Sen Our readers would have noticed that since November 2023, we have been publishing hard hitting, incisive posts by our fantastic two new SpicyIP Fellows Yogesh Byadwal and Tejaswini Kaushal. Yogesh is a second year student from the National Law School of India University, Bengaluru and Tejaswini is a third year student from Dr. Ram Manohar Lohiya National Law University, Lucknow.

article thumbnail

En Banc: Son of THE SLANTS Appeal Brief to the Federal Circuit

Likelihood of Confusion

We’ve got your First Amendment right here: Props to my partner John Connell and associates Darth Newman and, of course, the redoubtable Joel MacMull — who has now joined me at Archer & Greiner, P.C. and whose contribution to crafting the constitutional argument in the first round of CAFC briefing played a huge part in getting us […] The post En Banc: Son of THE SLANTS Appeal Brief to the Federal Circuit appeared first on LIKELIHOOD OF CONFUSION™.