Intellectual Property Law Blog

MAY 17, 2023

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues: Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

Licensing 240

Licensing 240

Plagiarism Today

MAY 17, 2023

Yesterday, I joined a panel of experts to discuss why people commit plagiarism in the public space and what, if anything, we can do about it. The post Why Do People Publicly Plagiarize? appeared first on Plagiarism Today.

Plagiarism 206

Plagiarism 206

Intellectual Property Law Blog

MAY 17, 2023

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues: Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

Licensing 237

Licensing 237

Plagiarism Today

MAY 17, 2023

Ed Sheeran wins a second case over Thinking Out Loud, newspaper didn't infringe Little Mermaid statue, and Megadeth settles with designer. The post 3 Count: The Megadeth of The Little Mermaid appeared first on Plagiarism Today.

Plagiarism 162

Plagiarism Designs Design Music 162

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

Erik K Pelton

MAY 17, 2023

Erik discusses how risk analysis works when it comes to a trademark clearance search in this episode. The post The Trademark Search Result Risk-O-Meter appeared first on Erik M Pelton & Associates, PLLC. Erik discusses how risk analysis works when it comes to a trademark clearance search in this episode.

Trademark 130

Trademark 130

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions.

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

IP Watchdog

MAY 17, 2023

The House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet today held the first of several planned hearings about the impact of artificial intelligence (AI) on intellectual property, focusing in this initial hearing on copyright law. The witnesses included three artists, a professor, and an attorney with varying perspectives on the matter, although the artists all expressed similar concerns about the potentially dire effects of generative AI (GAI) applications o

Intellectual Property 131

Intellectual Property Copyright Law IP Copyright 131

The IPKat

MAY 17, 2023

This is a review of Research Handbook on Intellectual Property and Cultural Heritage , edited by Irini Stamatoudi , Professor of Intellectual Property Law and Cultural Heritage Law at the University of Nicosia. In the introduction, Stamatoudi explains that the aim of the book is to explore the intersection between intellectual property rights and cultural heritage from a variety of angles and perspectives.

Intellectual Property 117

Intellectual Property IP Editing Intellectual Property Law 117

TorrentFreak

MAY 17, 2023

Multi-point, ongoing collisions between rightsholders, pirate sites, pirates and copyright law, are what fuel our daily reporting. The pumps rarely run dry for long in these wars. The polarized nature of the debate, which regularly pits decent law-abiding content creators against shadowy thieves hiding in the recesses of the web, is good for headlines but a hopeless anti-piracy tool.

Reporting 114

Reporting Social Media Marketing Marketing 114

IP Tech Blog

MAY 17, 2023

When the Writers Guild of America (WGA) came with their list of demands in the strike that has already grinded production on many shows to a halt, chief among them was that the studios agree not to use artificial intelligence to write scripts. Specifically, the Guild had two asks: First, they said that “literary material,” including screenplays and outlines, must be generated by a person and not an AI; Second, they insisted that “source material” not be AI-generated.

Art 104

Art Copyright Technology Litigation 104

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

TorrentFreak

MAY 17, 2023

Two years ago, Spanish-born movie tycoon Carlos Vasallo sued YouTube at a Florida federal court over various piracy-related claims. The actor and producer own the rights to the world’s largest collection of Mexican and Latin American movies, many of which are illegally shared on YouTube. The lawsuit accused YouTube of not doing enough to stop people from uploading pirated content.

Copyright Infringement 107

Copyright Infringement Reporting Copyright Technology 107

The IPKat

MAY 17, 2023

Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions are six months (with the possibility of extension), and there are no geographical restrictions on either role. Please bear in mind that you need to have your employer’s permission to be part of the IPKat team.

Blogging 98

Blogging IP Reporting 98

JD Supra Law

MAY 17, 2023

Over the past several years Congress has tried to address high drug prices, with variable success (see "FTC to the Rescue Regarding High Drug Prices and Patents"; "Even More Ill-Conceived Remedies from Congress Regarding Prescription Drug Costs"; "More Ill-conceived Remedies from Congress Regarding Prescription Drug Costs"; and "A Solution in Search of a Problem").

Patent 97

Patent 97

Velocity of Content

MAY 17, 2023

There are several organizational identifiers in the scholarly communications market. Some are used to identify funders, some are used only for author affiliations, some are used in library cataloguing, and others are used for a much wider remit covering all media scenarios. Ringgold Solutions provides an authoritative organization data set including a persistent identifier (PID) that supports a wide array of use cases within scholarly communications.

Publishing 97

Publishing Reporting Designs Design 97

JD Supra Law

MAY 17, 2023

Precedential Federal Circuit Opinions - HIP, INC. v. HORMEL FOODS CORPORATION (2022-1696, 5/2/23) (Lourie, Clevenger, and Taranto) Lourie, J. The Court reversed the district court’s decision regarding joint inventorship pursuant to 35 U.S.C. § 256. An inventor must make a contribution to the claimed invention that is not insignificant in quality, when that contribution is measured against the dimension of the full invention.

Art 97

Art Inventor Invention Patent 97

U.S. Department of Commerce

MAY 17, 2023

Commerce Secretary Gina Raimondo Kicks Off First Meeting Of The U.S.-EU TTC Talent For Growth Task Force May 17, 2023 ASowah@doc.gov Wed, 05/17/2023 - 17:33 Export and investment promotion Today, Secretary Gina Raimondo, European Commission (EC) Executive Vice-President Margrethe Vestager, and EC Commissioner Nicolas Schmit launched the first meeting of the U.S.

Technology 84

Technology Business Government 84

JD Supra Law

MAY 17, 2023

You’ve received a letter from a lawyer saying that a photo you found online and uploaded to your website infringes a photographer’s copyright. Maybe you do nothing and wait to see if you get another letter. Maybe you take the letter seriously and remove the image from your website. Either way, you get another letter demanding that you pay money for having used the image without permission.

Copyright 95

Copyright Business 95

IP Watchdog

MAY 17, 2023

Bacon is delightful. And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. v. Hormel Foods Corp., No. 2022-1696 (Fed. Cir. May 2, 2023). HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. The question of what makes one an “inventor” was central to whether HIP’s employee should be added to the patent.

Intellectual Property Law 81

Intellectual Property Law Law Inventor Intellectual Property 81

IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. In contrast, comparative advertising is a legitimate marketing strategy utilized by firms to highlight the superiority of their product over their competitors.

Advertising 74

Advertising Advertising Marketing Marketing 74

IP Watchdog

MAY 17, 2023

The Special Committee of the Judicial Council of the U.S. Court of Appeals for the Federal Circuit (CAFC) that is investigating Judge Pauline Newman over allegations she is unfit to serve on the court issued a redacted order yesterday specifying the behavior they say warrants the probe. Amid calls from Newman’s attorneys and ethics experts to transfer the complaint to a different circuit, a footnote on page one of yesterday’s order somewhat confusingly notes that Chief Judge Moore “did not file

Intellectual Property 81

Intellectual Property IP Patent 81

IP Law 360

MAY 17, 2023

A Louisiana federal judge on Tuesday declined to toss a costume mask maker's suit alleging All Elite Wrestling and professional wrestler Austin Matelson infringed its copyright by selling a modified version of its scaly viper mask, which Matelson wears as his stage persona Luchasaurus.

Copyright 75

Copyright 75

Patently-O

MAY 17, 2023

by Dennis Crouch In the US, registered patent practitioners are required to have a science or engineering background. Over the past few years, the US Patent and Trademark Office (USPTO) has been refining the qualification process. Nearly all incoming patent attorneys qualify by either (A) possessing a specific degree (such as mechanical engineering) or (B) accumulating a sufficient number of university science or engineering credits.

Registration 69

Registration Patent Patent Application Trademark 69

IP Law 360

MAY 17, 2023

With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.

Law 75

Law 75

The IPKat

MAY 17, 2023

It’s starting to feel like summer. But not only that, here’s what you missed from the IPKat last week. Copyright Mr Justice Zacaroli finds manufacturing software copyright infringed and confidence breached in ex-employee fight Annsley Merelle Ward reported on the English High Court’s decision in PQ Systems Europe v Jeff Aughton and Factroia Ltd. The Court held that in the absence of directly comparable source code in a software copyright infringement and misuse case, records of conversations, me

Designs 67

Designs Design Copyright Infringement Copyright 67

IP Law 360

MAY 17, 2023

An intellectual property transactional attorney and author is urging U.S. Supreme Court Justice Neil Gorsuch to let her challenge a permanent protection order imposed by a lower court after she was accused of stalking, arguing a content restriction on her literary works is a violation of free speech.

Intellectual Property 75

Intellectual Property IP 75

The IPKat

MAY 17, 2023

The UK Intellectual Property Office (IPO) has announced details of its new patent service which will see the process of applying for a patent dramatically transformed over the next 12 months. On Wednesday 7th June the IPO will be hosting a webinar, One IPO Transformation: One Year To Go , that will explain everything that is happening and provide an opportunity to ask questions.

Patent 67

Patent Patent Application Intellectual Property IP 67

IP Law 360

MAY 17, 2023

Rapper T.I. took the stand Wednesday in his intellectual property dispute with MGA Entertainment over its O.M.G. dolls but often gave dismissive or flippant answers to an attorney for the company he has previously criticized for using the N-word in court when quoting lyrics.

Intellectual Property 74

Intellectual Property IP 74

JD Supra Law

MAY 17, 2023

This month, there were four new complaints filed at the U.S. International Trade Commission.

95

95

IP Law 360

MAY 17, 2023

Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

Business 72

Business 72

Trading Secrets

MAY 17, 2023

The UK government has announced that it will bring in legislation to restrict the post-employment non-compete restraints to three months. This is a significant proposal as currently non-compete restrictions in the UK are generally capable of being enforced for a period up to 12 months (if they are “no more restrictive than is reasonably necessary to protect the employer’s legitimate business interests’’).

Government 59

Government Confidentiality Contracts Business 59

JD Supra Law

MAY 17, 2023

Unlike other professions, lawyers can only practice law in the states and jurisdictions where they are admitted. While some areas of law, like patent prosecution or trademark, are purely Federal, other cases, like commercial disputes, leases, real estate, and criminal matters, are often very specific to the location where the dispute occurred.

Patent Prosecution 58

Patent Prosecution Trademark Law Patent 58

LexBlog IP

MAY 17, 2023

Reexamination Deference? The excessive scope of the PTO’s Advanced Notice of Proposed Rulemaking (ANPRM) on AIA Trial practices is deliberate as it provides favorable optics for the current administration. Presenting all ideas to the public as opposed to culling out the more (ahem)… “creative,” showcases the open mindedness of the administration—particularly to patent owners.

Patent 52

Patent Art Litigation Designs 52

IP Law 360

MAY 17, 2023

An upcoming presidential report will identify foreign individuals and entities that may be subject to sanctions for trade secret theft under the Protecting American Intellectual Property Act, and considering PAIPA provides little opportunity for parties to challenge these sanctions, there are significant due process concerns, says Jordan Rice at MoloLamken.

Intellectual Property 52

Intellectual Property Reporting 52

LexBlog IP

MAY 17, 2023

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues: Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

Licensing 52

Licensing Intellectual Property 52

JD Supra Law

MAY 17, 2023

In UCB Inc. v. Actavis Laboratories UT Inc., the Federal Circuit affirmed the district court’s judgement of invalidity on obviousness grounds but reversed the finding of anticipation. In reaching its decision on anticipation, the court rejected the district court’s application of the “at once envisage” rubric when the issue presented is whether a claimed range is anticipated by prior art disclosing an overlapping range.

Art 52

Art Patent 52