Plagiarism Today
MARCH 4, 2024
The recent "Glasgow Willy Wonka Event" may have launched a thousand memes. but it also raises some serious copyright and trademark issues. The post Copyright, Trademark and Willy’s Chocolate Experience appeared first on Plagiarism Today.
JD Supra Law
MARCH 4, 2024
AI is everywhere. And, no, I do not mean in a “Skynet is coming,” or “Big Brother is here,” kind of way. I mean everywhere you look. Stories abound about the oddities that result from using generative AI. In one story, a car dealership’s chatbot offered a 2024 Chevy Tahoe for $1.00. In another, attorneys who were using Chat-GPT found that the generative AI tool was pulling facts out of thin air, creating false citations to cases that did not exist.
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Plagiarism Today
MARCH 4, 2024
Stability AI hits back in UK case, 3 in China convicted of anime piracy and YouTube's Content ID system continues rapid growth. The post 3 Count: Stable Defense appeared first on Plagiarism Today.
IP Law 360
MARCH 4, 2024
The World Trade Organization did not reach an agreement at a conference last week on a proposal to expand a waiver on intellectual property for COVID vaccines to cover tests and treatments, a move welcomed by opponents of the plan.
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?
The IPKat
MARCH 4, 2024
With fashion season in full swing, fashion-related IP stories flourish too. This time, Katfriend Spyridon Sipetas (Stockholm University) tells the story of a collaboration – the one between Jacquemus and Nike – that has been already plagued with accusations of copying. Here’s what Spyridon writes: Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?
IIPRD
MARCH 4, 2024
Introduction Intellectual Property Rights is a right which is connected with the person or the company’s intangible property. Like, goodwill. When that right is used without consent or used for causing loss to an individual or the company. For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
MARCH 4, 2024
Global intellectual property law firm Fish & Richardson PC announced Monday that John Adkisson had been reelected to serve a second four-year term as president and CEO.
TorrentFreak
MARCH 4, 2024
Anime piracy site B9Good first appeared way back in 2008, initially operating under B9DM branding. Defying the usual odds, 15 years later the site was still alive and kicking. Last March, Japan-based anti-piracy group CODA reported an estimate of B9Good’s traffic for the two years running up to February 2023. Based in China, the site had been accessed more than 300 million times and, crucially, around 95% of those visits came from Japan, mostly seeking access to Japanese content.
Michael Geist
MARCH 4, 2024
Twenty years ago today the Supreme Court of Canada released CCH Canadian v. Law Society of Upper Canada , a decision that stands as perhaps the most consequential in Canadian copyright law history as it would firmly establish fair dealing as a users right and serve as the foundation for copyright law in Canada for decades to come. Leading off the hearing several months earlier for the Law Society was Scott Jolliffe , an IP litigator with the law firm Gowlings.
JD Supra Law
MARCH 4, 2024
The US Department of Energy (DOE) is providing $100 million in funding to develop commercially viable carbon dioxide removal technologies through the Office of Fossil Energy and Carbon Management’s Carbon Negative Shots Pilot program. This is the first of a series of funding opportunities intended to address the gap between CO2 removal goals and the anticipated commercial readiness of these technologies and thus focuses on more commercially advanced pilot-scale technologies.
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.
IP Watchdog
MARCH 4, 2024
Panelists on day one of IPWatchdog’s Artificial Intelligence Masters 2024 program painted a sometimes-grim picture of the current state of generative AI (GAI) tools and the ways in which they are currently being deployed in the United States, but seemed convinced overall that the kinks would be worked out once lawmakers and courts catch up, as they have done with past disruptive technologies.
JD Supra Law
MARCH 4, 2024
On February 7, 2024, the Federal Court dismissed Takeda’s action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations in relation to dexlansoprazole (Takeda’s DEXILANT). Justice Furlanetto determined that the Asserted Claims of Canadian Patent No. 2,570,916 (916 patent) were not infringed and were invalid for insufficiency and failure to disclose the factual basis and line of reasoning for sound prediction of utility: Takeda Canada Inc v Apotex Inc, 2024 FC 106.
Technology & Marketing Law Blog
MARCH 4, 2024
I’m pleased to announce the publication of my essay, “Assuming Good Faith Online,” in the Journal of Online Trust and Safety. The published version. This essay has had a more convoluted publication history than most. I initially drafted it in early 2022 as part of an essay package that had been pre-placed at Journal A. For reasons that remain unclear to me, Journal A changed its mind about the package.
JD Supra Law
MARCH 4, 2024
Each year, new issues, technologies, and events impact the way that independent schools set and carry out their expectations, values, and procedures in their communities. As independent schools embark on the 2024-2025 school year, it is imperative that they ensure that their employee and student handbooks are not only comprehensive but also address new and evolving issues affecting independent schools.
The TTABlog
MARCH 4, 2024
The rate of affirmance for Section 2(d) refusals is over 90% so far this year. That's on the high side in comparison to the past dozen years. Here are three recent TTAB decisions, at least one of which was reversed. How do you think they came out? Answers in first comment. In re Dileep Essentials Pvt. Ltd. , Serial No. 90542201 (February 22, 2024) [not precedential] (Opinion by Judge Cheryl S.
JD Supra Law
MARCH 4, 2024
Today, the district court for the District of Delaware (Judge Connolly) granted the government’s motion for summary judgment on all claims brought by AstraZeneca in its Complaint challenging the Drug Price Negotiation Program of the IRA.
IP Law 360
MARCH 4, 2024
A California federal magistrate judge rejected Monday the U.S. Patent and Trademark Office's bid for a summary judgment win in a lawsuit by Snapchat's parent company seeking to secure trademark rights to the word "Spectacles" for its flagship virtual-reality product, sending the intellectual property dispute to a March 12 bench trial.
JD Supra Law
MARCH 4, 2024
The America Invents Act ("AIA") bars a person from obtaining a patent when the “claimed invention” had been “on sale” more than one year before the filing date of the patent. 35 U.S.C. § 102(a)(1). Acesulfame potassium (“Ace-K”) is an artificial sweetener used in foods, drinks, and medicines. In 2015, Celanese International Corporation (“Celanese”) filed a patent claiming an improved method of preparing Ace-K.
IP Watchdog
MARCH 4, 2024
A large number of businesses trade through online platforms and marketplaces such as Amazon and eBay. Consumers may believe that because goods are listed on a well-known trusted platform, they are authentic, and the sellers have been approved in some way by the service provider. Unfortunately, as too many business owners are aware, e-commerce platforms offer counterfeiters and infringers a relatively easy way of offering their infringing goods for sale.
JD Supra Law
MARCH 4, 2024
The NCAA national men’s and women’s basketball tournaments will begin on March 17, 2024 and end with the national championship games in early April. Broadcast stations often conduct promotions tied to these tournaments and individual games. The promotions can be successful, especially if local teams advance, but they can also lead to expensive litigation and damage awards if a station does not respect the NCAA’s intellectual property rights.
SpicyIP
MARCH 4, 2024
Here is our recap of last week’s top IP developments. Last week we published 6 posts including a post on the PAC Chairperson’s demand for a probe by CVC into the allegations of corruption against CGPDTM, and also introduced the inaugural SpicyIP Doctoral Fellow. This and a lot more in this SpicyIP Weekly Review. Anything we are missing out on?
JD Supra Law
MARCH 4, 2024
Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving a likelihood of confusion entitling the claimant to summary judgment. But not all confusion amounts to “actual” confusion.
The IP Law Blog
MARCH 4, 2024
UPDATED 3/04/2024 On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states) to file their BIO Report within the timeframes specified in the chart below at this time.
JD Supra Law
MARCH 4, 2024
Fine art is big business. The three most expensive paintings to have ever been sold – Salvator Mundi by Leonardo da Vinci, Interchange by Willem de Kooning and The Card Players by Paul Cézanne – have an inflation-adjusted combined sale price of more than $1bn. In other words, three oil on canvas paintings would cost more than oil refineries.
IP Tech Blog
MARCH 4, 2024
In Waterdrop Microdrink GmbH v. Qingdao Ecopure Filter Co., Ltd. , the District Court for the Central District of California denied a motion to compel compliance with a subpoena relating to a Trademark Trial and Appeal Board (“TTAB”) proceeding, because the subpoena was never signed by the Clerk of the Court — despite the fact that the Board’s own operating manual, the Trademark Board Manual of Procedure (“TBMP”), states that a subpoena in a TTAB proceeding could simply be signed by an attorney.
JD Supra Law
MARCH 4, 2024
The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. Despite its name, the document provides little in the way of certainty that one could not garner from reviewing recent precedent addressing the issue of artificial intelligence (AI) inventions. To begin with, the USPTO warns that its “guidance does not constitute substantive rulemaking and does not have the force and effect of law.”.
Kluwer Copyright Blog
MARCH 4, 2024
We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Javier Torre de Silva y López de Letona, The Right to Scrape Data on the Internet: From the US Case hiQLabs, Inc. v. LinkedIn Corp. to the ChatGPT Scraping Cases: Differences Between US and EU Law Data scraping is of the essence for generative artificial intelligence (AI), such as ChatGPT, as the data needed for AI training are in most cases obtained by this means.
JD Supra Law
MARCH 4, 2024
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history – Mickey Mouse – was let loose from the magic kingdom. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy.
IP Law 360
MARCH 4, 2024
A patent-holding company has accused JPMorgan Chase Bank NA and other banks of infringing a pair of patents covering things like ATM circuitry memory.
JD Supra Law
MARCH 4, 2024
Those were the first words I heard when my client called me the other day. Moments later, I joined a call with my client and a very convincing “representative” of the U.S. Patent and Trademark Office (“USPTO”) seeking money. Familiar with this ruse, I immediately told my client the call was a scam. Undeterred, the “USPTO representative” told my client to look at his phone where he could verify that the call was really from the USPTO.
LexBlog IP
MARCH 4, 2024
UPDATED 3/04/2024 On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states) to file their BIO Report within the timeframes specified in the chart below at this time.
JD Supra Law
MARCH 4, 2024
Appeals from and redacted memorandum and opinion in support of judgment in Regeneron v. Mylan (aflibercept) BPCIA case filed - As we previously reported, trial in Regeneron Pharmaceutical, Inc.’s BPCIA case against Mylan Pharmaceuticals Inc. and Biocon Biologics, Inc. (collectively, “the Biocon Defendants”) regarding the Biocon Defendants’ proposed aflibercept biosimilar concluded on June 15, 2023 in the Northern District of West Virginia.
Velocity of Content
MARCH 4, 2024
The Ministry of Culture in Spain recently announced an $8.5 million grant program to support development of publishing’s burgeoning audio sector. That government investment is expected to heat up further an already red-hot market category that includes audiobooks and podcasts. According to the latest report from dosdoce.com on audio publishing in Spanish-language markets, production and consumption is soaring.
JD Supra Law
MARCH 4, 2024
On February 12, 2024, Chugai, Genentech, and Hoffmann-La Roche filed a motion for voluntary dismissal of their appeals of the PTAB’s Final Written Decisions in IPR2022-00578 and IPR2022-00579. The appeals concerned IPRs filed by Celltrion where the PTAB found all challenged claims of U.S. Patent Nos. 8,580,264 and 10,874,677 were either anticipated by or obvious over the prior art.
IP Law 360
MARCH 4, 2024
A Florida federal judge has handed a win to the entity that owns the intellectual property of the musical group Earth, Wind & Fire over a concert producer and a promoter it says ripped off the band's trademarks, banning them from using those marks again.
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