Hugh Stephens Blog
SEPTEMBER 29, 2023
Registration of AI-Generated Works in the United States and Canada: A Comparison Credit: Shutterstock Human Creation The question of whether works that are generated in whole or part by Artificial Intelligence (AI) should enjoy copyright protection is a hot topic at the moment.
Patently-O
SEPTEMBER 29, 2023
by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. 17 U.S.C. 507(b). It is somewhat surprising then that the Supreme Court has just granted certiorari in a case asking whether the statute “precludes retrospective relief for acts that occurred more than three years before the filing of a lawsuit.” Warner Cha
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The IPKat
SEPTEMBER 29, 2023
The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. In technically challenging fields, such as biotech, there will often be some doubt that a skilled person will be able to make the invention or that the invention actually has the technical effect it is purported to have. However, in some cases, the amount of data needed to overcome this doubt to support a patent application may still be surprisingly minimal.
Technology & Marketing Law Blog
SEPTEMBER 29, 2023
Two years ago, I covered the introduction of the SHOP SAFE Act, which would create a new species of trademark liability for online marketplaces. My 5,000 word post deconstructed the bill in detail so check it out to see what all the fuss was about. This week, Sens. Coons and Tillis reintroduced the SHOP SAFE Act with only minor changes from its 2021 incarnation.
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
SEPTEMBER 29, 2023
Google’s Play Store offers a vast library of millions of apps, in pretty much every category imaginable. Most of the software is perfectly legitimate but there are some problematic apps too, including those that can be abused by pirates. Over the years, rightsholders have reported many thousands of apps, often for copyright infringement. While some of these takedown notices are questionable , most pirate apps quietly disappear from the platform.
JD Supra Law
SEPTEMBER 29, 2023
Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design patent protection as a companion to trademark protection, specifically in the context of trade dress and graphical user interface designs.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
SEPTEMBER 29, 2023
While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
The TTABlog
SEPTEMBER 29, 2023
A genericness refusal is the USPTO's nuclear option and should be employed with caution. Here are three recent appeals from genericness refusals. At least one of them was reversed. How do you think they came out? Answers will be found in the first comment. In re Big River Steel LLC , Serial No. 90887436 (September 22, 2023) [not precedential] (Opinion by Judge Thomas W.
JD Supra Law
SEPTEMBER 29, 2023
While the U.S. Department of Justice’s Criminal Division published its fourth version of its “Evaluation of Corporate Compliance Programs (ECCP)” guidance more than six months ago now, the insights that in-house counsel and chief compliance officers can and should be gleaning from it remain timeless.
IP Law 360
SEPTEMBER 29, 2023
The U.S. Supreme Court justices return to the bench on Monday for a new term sure to have an impact, with issues ranging from gun ownership rights in domestic violence cases to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media.
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.
JD Supra Law
SEPTEMBER 29, 2023
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.
IP Law 360
SEPTEMBER 29, 2023
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
JD Supra Law
SEPTEMBER 29, 2023
In JBrick, LLC v. Chazak Kinder, Inc. et al, 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright.
IP Law 360
SEPTEMBER 29, 2023
The makers of "Incredibles"-branded cannabis products won't get attorney fees after the owner of Edible Arrangements agreed to nix the trademark suit, an Illinois federal judge has ruled, finding that the fruit basket company had a plausible basis to file the lawsuit.
JD Supra Law
SEPTEMBER 29, 2023
Artificial Intelligence (AI) is not just a technological innovation; it’s a transformative force that has permeated multiple sectors, from healthcare to finance. As AI startups and companies creating AI tools (“AI Developers”) continue to proliferate, they find themselves navigating a complex and often uncertain legal landscape. This article aims to elucidate several key legal considerations that AI Developers must be aware of, as the work to find product market fit.
IP Watchdog
SEPTEMBER 29, 2023
This week in Other Barks & Bites: the Supreme Court grants a copyright case; the Writers Guild of America reaches an agreement with Hollywood studios that offers writers some copyright protections from AI-generated scripts; the CAFC affirms a PTAB decision that invalidated a medical alarm patent; and Getty Images releases a commercially safe AI generative tool.
JD Supra Law
SEPTEMBER 29, 2023
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.
IP Watchdog
SEPTEMBER 29, 2023
Digital video company, DivX, scored a win in a Brazilian court after a judge ratified its expert report and enforced a previously-granted preliminary injunction against Netflix. DivX sued Netflix for infringement of its Patent No. PI 0506163-6, which is directed to a “deblocking” tool implemented in High Efficiency Video Coding (HEVC)-encoded files.
JD Supra Law
SEPTEMBER 29, 2023
An Illinois judge rejected a copyright infringement claim brought by rapper Gutta, alleging that a song released by hip-hop artist Future infringed his rights. Scott Hervey and Jamie Lincenberg talk about this dispute on this episode of The Briefing.
IP Law 360
SEPTEMBER 29, 2023
The U.S. Supreme Court on Friday agreed to weigh in on a music publisher's appeal of a lower court ruling that held an artist is not time-barred from recovering additional damages in a copyright suit over recorded songs.
JD Supra Law
SEPTEMBER 29, 2023
When embarking on a build-to-buy transaction, the parties are typically excited by the possibilities of a new therapy, and want to get to work in realizing a return on their investment and making a positive change in the lives of patients. Sophisticated buyers will mix that enthusiasm with some attention to the potential scenario where, despite the best of intentions and the most talented research teams, a build-to-buy collaboration fails to produce an innovation that the buyer will be willing.
The IP Law Blog
SEPTEMBER 29, 2023
An Illinois judge rejected a copyright infringement claim brought by rapper Gutta, alleging that a song released by hip-hop artist Future infringed his rights. Scott Hervey and Jamie Lincenberg talk about this dispute on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode on your favorite streaming platform or here.
JD Supra Law
SEPTEMBER 29, 2023
Given the sharp rise in usefulness of and attention to generative AI–powered applications, the US Copyright Office issued a notice of inquiry and request for comments in order to conduct a deep dive on how this technology could impact fundamental aspects of copyright law, including some issues we have recently discussed, such as potential infringement based on model training content and copyright protection of generative AI outputs.
LexBlog IP
SEPTEMBER 29, 2023
AIMeetstheLaw by Founders Legal Lunch & Learn: AI Meets the Law Hosted in Partnership with Georgia Tech’s Advanced Technology Development Center (ATDC) Join us for a focused and enlightening Lunch and Learn session led by Yuri Eliezer , an award-winning Intellectual Property attorney. About AI Meets the Law “AI Meets the Law” provides a snapshot of the legal landscape surrounding artificial intelligence, covering key areas such as regulations, intellectual property, and mor
JD Supra Law
SEPTEMBER 29, 2023
Case Name: Astellas Pharma Inc. v. Sandoz Inc., Civ. No. 20-1589, 2023 WL 3934386 (D. Del. June 9, 2023) (Bataillon, J.) Drug Product and Patent(s)-in-Suit: Myrbetriq® (mirabegron); U.S. Patent No. 10,842,780 (“the ’780 patent”).
LexBlog IP
SEPTEMBER 29, 2023
In a world where non-compete agreements are being curtailed or outright banned, companies need to enhance their use of other ways to protect their intellectual property and confidential information when their employees leave to go work for competitors. First and foremost, companies should not rely upon a general duty of confidentiality and should instead require employees to sign acknowledgements, policies, and/or contracts requiring confidentiality both during and after employment.
Above the Fold
SEPTEMBER 29, 2023
In a world where non-compete agreements are being curtailed or outright banned, companies need to enhance their use of other ways to protect their intellectual property and confidential information when their employees leave to go work for competitors. First and foremost, companies should not rely upon a general duty of confidentiality and should instead require employees to sign acknowledgements, policies, and/or contracts requiring confidentiality both during and after employment.
LexBlog IP
SEPTEMBER 29, 2023
An Illinois judge rejected a copyright infringement claim brought by rapper Gutta, alleging that a song released by hip-hop artist Future infringed his rights. Scott Hervey and Jamie Lincenberg talk about this dispute on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode on your favorite streaming platform or here.
Above the Fold
SEPTEMBER 29, 2023
With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. An article posted on Fox Rothschild’s Cannabis Law Blog, “In the Weeds,” seeks to briefly cover what in the cannabis industry can and cannot be federally trademarked and where the laws are heading.
LexBlog IP
SEPTEMBER 29, 2023
With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain. An article posted on Fox Rothschild’s Cannabis Law Blog, “In the Weeds,” seeks to briefly cover what in the cannabis industry can and cannot be federally trademarked and where the laws are heading.
Olartemoure Blog
SEPTEMBER 29, 2023
The Writers Guild of America (WGA) and the Alliance of Motion Picture and Television Producers announced a tentative agreement, possibly ending a historic writers’ strike that has lasted 146 days. The tentative agreement was announced after several days of negotiations, raising hopes for a resolution to the protracted strike. Although specific details of the agreement which will affect approximately 11,500 WGA members were not immediately available, both sides expressed satisfaction with t
JD Supra Law
SEPTEMBER 29, 2023
An Illinois judge rejected a copyright infringement claim brought by rapper Gutta, alleging that a song released by hip-hop artist Future infringed his rights. Scott Hervey and Jamie Lincenberg talk about this dispute on this episode of The Briefing.
Olartemoure Blog
SEPTEMBER 29, 2023
As a result of the cybersecurity event experienced by IFX Networks on September 12, which caused a crash of the servers of this technology supplier and, consequently, affected the availability of several applications and web pages of multiple public and private entities, the Superintendency of Industry and commerce’s Deputy Superintendency for the Protection of Personal Data (“Deputy Superintendency”), in its role as Colombian Data Protection Authority, announced the deployment of a series of ac
JD Supra Law
SEPTEMBER 29, 2023
This is the September edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover.
Olartemoure Blog
SEPTEMBER 29, 2023
The following changes will be implemented as of 1 November 2023: It was agreed to expressly determine the start and end date of the deadline for responding to provisional refusals. Contracting Parties are required to give a minimum period of 2 months to respond to a provisional refusal. Failure to comply with the new requirements for notification of provisional refusal is considered a failure of the Trademark Office to comply with the new requirements for notification of provisional refusal.
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