Plagiarism Today

JULY 12, 2023

Google faces class action lawsuit over AI, French news groups take Twitter to court and translator plans to sue the British Museum. The post 3 Count: Bard Battle appeared first on Plagiarism Today.

Plagiarism 194

Plagiarism Copyright 194

IP Watchdog

JULY 12, 2023

As one of the three Chief Judges to follow Chief Judge Michel, I commend his thoughtful and thorough analysis of the embarrassing and damaging petition challenging Judge Pauline Newman’s competency and compliance with Judicial Council orders. I would guess that all of those Chief Judges, including me, dealt with delicate issues involving aging colleagues, yet these occasions did not engender vast controversy and violations of medical privacy.

Privacy 98

Privacy Intellectual Property IP 98

IP Law 360

JULY 12, 2023

Federal Circuit Judge Pauline Newman is losing confidence in her court. While she's being kept off cases amid an investigation into allegations of incompetence and misconduct, she is questioning whether the court she helped create four decades ago was a good idea.

98

98

Patently-O

JULY 12, 2023

Guest post by Marlene Koffi , Assistant Professor of Economics, University of Toronto and NBER Faculty Research Fellow. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here.

Invention 98

Invention Blogging Government Publishing 98

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?

Technology

IP Tech Blog

JULY 12, 2023

The use of artificial intelligence (“ AI ”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. A recent US case, concerning a comic book which included AI-generated images, offers an opportunity to contrast the two countries’ approaches to AI-generated work in more detail.

Copyright 97

Copyright Intellectual Property Artistic Work Technology 97

TorrentFreak

JULY 12, 2023

Most large torrent sites target a global audience, but there are many local favorites as well. YggTorrent , for example, is one of the largest French-language torrent sites on the Internet, serving millions of users per month. The French site is not the typical torrent indexer. YggTorrent sees itself as a community instead, one with a dedicated tracker, something that’s quite rare these days.

Copyright 80

Copyright 80

TorrentFreak

JULY 12, 2023

Some people believe that the early internet received a welcome uptake boost when the adult industry began to move online. Three decades later, many countries believe the internet – and children especially – would be better off if adult content was heavily restricted online. The main problem is readily accessible ‘tube’ sites.

Social Media 79

Social Media Copyright Infringement Copyright Business 79

IP Law 360

JULY 12, 2023

Chinese telecom company Hytera will face a contempt hearing next month unless it puts $49 million into escrow to comply with its royalty payment obligations after a jury found it misappropriated Motorola Solutions' mobile radio code, an Illinois federal judge said Tuesday.

75

75

Technology & Marketing Law Blog

JULY 12, 2023

I expect the Digital Services Act (DSA) to be one of the most consequential regulations of the Internet. Yet, I have so far avoided blogging the DSA because it’s so overwhelming and complex. Its breathtaking/mind-numbing scope and detail reminds me of the Princess Bride book’s self-description: “Fencing. Fighting. Torture. Revenge.

Blogging 67

Blogging Marketing Marketing Law 67

IP Law 360

JULY 12, 2023

As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

Designs 75

Designs Design Technology Law 75

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.

Patent

LexBlog IP

JULY 12, 2023

Perhaps you remember in 2019 when three Art Basel afficionados purchased a banana duct-taped to a wall for $120,000? Visual and conceptual artist Joe Morford does. And in 2020, he sued duct-taped banana creator and Italian artist, Maurizio Cattelan, for copyright infringement. Morford argued he had already taped a banana to a wall in his piece Banana and Orange 18 years before Cattelan displayed his banana-on-a-wall piece, Comedian , at Art Basel.

Art 52

Art Copyright Infringement Copyright Intellectual Property 52

IP Law 360

JULY 12, 2023

A California federal judge approved a joint agreement which permanently enjoins a seller from infringing trademarks for AK Futures LLC's Cake-branded Delta-8 THC vape products, allowing it to escape a lawsuit accusing it of participating in a nationwide scheme to sell counterfeit versions of the products.

Branding 75

Branding Brands Branding Trademark 75

JD Supra Law

JULY 12, 2023

Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In 2007, Louis Vuitton sought to stop the sale of dog toys named “Chewy Vuitton.” In that case, the appeals court ruled against Lous Vuitton, reasoning the use of the mark was a clear parody, and therefore deemed fair use.

Trademark 52

Trademark Fair Use Branding Brands 52

IP Law 360

JULY 12, 2023

Sen. Chris Coons, D-Del., opened a Wednesday hearing over the impact of artificial intelligence on copyright protections by playing Frank Sinatra's voice singing "AI, AI" to the tune of "New York, New York," while a top lawyer at Universal Music pushed for a federal right of publicity to fight the latest generation of fakes.

Law 52

Law Music Copyright 52

IP Watchdog

JULY 12, 2023

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion holding that the reissue claims relating to a patent for a floating grill owned by Float‘N’Grill LLC (FNG) were not directed to the original invention and therefore were properly rejected by the U.S. Patent and Trademark Office (USPTO). U.S. Patent No. 9,771,132 is titled “Floating Apparatus for Supporting a Grill” and as issued in September, 2017.

Invention 52

Invention Patent Trademark Litigation 52

JD Supra Law

JULY 12, 2023

As retailers or distributors that are not manufacturers of a product, companies may believe they cannot infringe a patent claiming how the product is made. After all, the retailers or distributors are not performing any steps of the patented manufacturing process. The companies may have no say in, or even be aware of how the product is manufactured.

Patent 52

Patent 52

Patent Trademark Blog

JULY 12, 2023

Why Certain Trademark Arguments Are Irrelevant Certain trademark arguments are destined to fail. Even when great points are made, they will fall on deaf ears. The secret to a successful trademark response lies in understanding the right approaches for certain situations. Though your legal position may be strong, you might be arguing your points at the wrong time and place.

Trademark 52

Trademark Registration Registering Trademarks Blogging 52

JD Supra Law

JULY 12, 2023

As the United States Supreme Court concluded its most recent term, a flurry of consequential decisions were released. As is typical, some of the most controversial decisions were released towards the end of the term (which ended June 30, 2023). Given the political polarization in the United States, it would be easy to assume that most (if not all) of the Supreme Court’s decisions were 6-3 along party lines.

52

52

IP Watchdog

JULY 12, 2023

Last week, comedian Sarah Silverman and authors Christopher Golden and Richard Kadrey sued OpenAI in a U.S. district court, alleging the company’s generative AI product, ChatGPT, infringes on their copyrighted content. In addition to copyright infringement, the trio also claimed that the AI company violated the Digital Millennium Copyright Act (DMCA), unfair competition laws and unjustly enriched the company.

Copyright Infringement 52

Copyright Infringement Copyright Copying Law 52

JD Supra Law

JULY 12, 2023

Establishing a prima facie case of obviousness based on a multiple prior art references generally requires that the references teach or suggest all claim elements and that one of ordinary skill in the art would be motivated to combine the references to achieve the invention as claimed. During patent prosecution, rebutting an examiner's motivation to combine is often considered to be more difficult than rebutting a contention that the references teach one or more specific claim elements.

Patent Prosecution 52

Patent Prosecution Art Invention Patent 52

LexBlog IP

JULY 12, 2023

The use of artificial intelligence (“ AI ”) is growing, but whether AI-generated works can be protected by copyright remains unclear and the position is inconsistent across different jurisdictions including the UK and USA. A recent US case, concerning a comic book which included AI-generated images, offers an opportunity to contrast the two countries’ approaches to AI-generated work in more detail.

Copyright 52

Copyright Intellectual Property Artistic Work Government 52

JD Supra Law

JULY 12, 2023

In Medytox, Inc. v. Galderma S.A, the Federal Circuit affirmed a Final Written Decision of the Patent Trial and Appeal Board (“Board”) that found Medytox’s proposed substitute claims invalid and denied Medytox’s motion to amend substitute claims. On appeal, Medytox challenged the Board’s findings on claim construction, new matter, enablement, and written description.

Patent 52

Patent 52

LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. Reports indicate that within the first day of launch, more than 30 million users have signed up. The app is designed for text-based conversations instead of photo updates. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants.

Social Media 52

Social Media Branding Brands Branding 52

JD Supra Law

JULY 12, 2023

Protecting against intellectual property theft and unauthorized disclosure of confidential business information has always been an important practice for businesses, yet the continuing evolution of the labor market post-COVID has increased the risk of intellectual property loss due to employee mobility and remote work. Employers have traditionally turned to non-compete, non-solicitation, and confidentiality agreements to mitigate this risk.

Intellectual Property 52

Intellectual Property Confidentiality Business Marketing 52

Corsearch

JULY 12, 2023

Uncover marketing authorization applications published by official authorities With the growing complexity of clearing pharmaceutical names – including PTO registers expanding with more marks, and regulatory requirements increasing – finding new names is increasingly challenging for pharma professionals. Demand is high for a solution, and we are proud to have provided the answer with our exclusive new database: Pharma Approved for Use (PAU).

Marketing 52

Marketing Marketing Trademark Branding 52

JD Supra Law

JULY 12, 2023

Precedential Federal Circuit Opinions - MEDYTOX, INC. v. GALDERMA S.A. [OPINION] (2022-1165, 6/27/2023) (Dyk, Reyna, and Stark) - Reyna, J. The Court affirmed a decision by the PTAB in a post-grant review denying an appellant’s motion to substitute claims of a patent directed to a botulinum toxin composition.

Design Patent 52

Design Patent Designs Design Patent 52

Likelihood of Confusion

JULY 12, 2023

Gene Quinn is just all over stuff, including this — something people ask me for all the time for free. Well, here are some free sample confidentiality and nondisclosure agreements. The post Sample confidentiality and nondisclosure agreements appeared first on LIKELIHOOD OF CONFUSION™.

Confidentiality 52

Confidentiality 52

JD Supra Law

JULY 12, 2023

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo recently issued a memorandum stating that most non-compete agreements violate the National Labor Relations Act (NLRA). Abruzzo’s opinion is not the official opinion of the NLRB itself and does not have the force of the law behind it. However, it will still impact the cases submitted by the NLRB’s regional offices, and may encourage plaintiff’s attorneys to advise their clients to file charges with the NLRB to challenge.

Law 52

Law 52

LexBlog IP

JULY 12, 2023

Join BakerHostetler for our series of Fireside Chats about the latest developments impacting the capital markets and their participants, and the blockchain industry. In light of the historic “SEC Speaks” event being canceled this year and the uptick in the SEC’s enforcement and rulemaking docket, the next event in this exciting series will take place July 17 at 2:00 p.m.

Marketing 52

Marketing Marketing Intellectual Property 52

JD Supra Law

JULY 12, 2023

Several months ago, we wrote about Hermѐs landing a decisive victory after a nine-day trial where the jury found that artist Mason Rothschild infringed on Hermѐs’s trademark rights. On June 23, 2023, the court rendered another victory for Hermѐs by granting its application for a permanent injunction and denying Rothschild’s request for judgment as a matter of law or a new trial.

Trademark 52

Trademark Law 52

The IPKat

JULY 12, 2023

On 5 July 2023 the UK Intellectual Property Office (UKIPO ) published the SEPs questionnaire for SME,small-cap and mid-cap businesses: Summary of Responses. The survey was launched on 21 March 2023 and ended only a month later. The survey was composed of a set of 33 questions which were set to solicit information from SMEs, small and mid-cap companies information as to how Standard Essential Patents (SEPs) and licensing frameworks function in their experience.

Licensing 52

Licensing Patent Government Intellectual Property 52

JD Supra Law

JULY 12, 2023

An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine” it could use “to destroy” the competitor. In considering a motion to dismiss, the Business Court had to decide if the information was more like Fort Knox or Fool’s Gold.

Business 52

Business 52

Managing IP

JULY 12, 2023

India’s government plans to amend the Trade Marks Act for the first time since 2010, but brand owners say they are being kept in the dark about the finer details

Branding 52

Branding Brands Branding Government 52

JD Supra Law

JULY 12, 2023

The Supreme Court recently held Abitron Austria GmbH not liable for using Hetronic International, Inc.’s trademarks outside of the United States. Reversing the Tenth Circuit and resolving a circuit split, the Court held that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act do not apply extraterritorially and extend only to claims where the infringing use-in-commerce is domestic.

Trademark 52

Trademark 52

IP Law 360

JULY 12, 2023

A Texas federal jury on Tuesday said LG Electronics Inc. owes $1.7 million to a patent owner, finding that the electronics company infringed four patents concerning TV digital transmission and audio and video reception.

Patent 40

Patent 40