Plagiarism Today
AUGUST 31, 2023
The US Copyright Office has announced a new public comment period on the subject of AI and copyright. Here's how to participate. The post US Copyright Office Seeks Comment on AI appeared first on Plagiarism Today.
Erik K Pelton
AUGUST 31, 2023
The following is an edited transcript of my video What Are the DuPont Factors in a Trademark Confusion Analysis? A topic that comes up all the time in our line of work is the DuPont factors, and the analysis of them. This famous case (called I n re E. I. DuPont DeNemours & Co. , from the Court of Patent Appeals in 1973, that then became known as the Court of Appeals for the Federal Circuit) laid out the factors for analyzing a likelihood of confusion in any comparison of trademarks at the US
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Plagiarism Today
AUGUST 31, 2023
Karol G faces lawsuit over Don't Be Shy, UK MPs push back on AI proposal and Google removes infringing links from private saves. The post 3 Count: Don’t Be Shy appeared first on Plagiarism Today.
JD Supra Law
AUGUST 31, 2023
In litigation news. For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4, 2023 in the Western District of Texas.
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?
IP Watchdog
AUGUST 31, 2023
On August 30, the U.S. Copyright Office issued a notice of inquiry in the Federal Register seeking public comment on a range of issues related to the intersection of copyright law and artificial intelligence (AI). The recent notice is the latest action by the Office on the myriad of copyright issues that have been arising around the use of generative AI platforms including infringement liability for training AI systems on copyrighted content and human authorship requirements.
Copyright Alliance
AUGUST 31, 2023
This is the third and final edition of our blog on insightful movie copyright cases for film and TV industry professionals. Part 1 of the blog addressed copyright infringement and […] The post Movie Copyright Cases Filmmakers Should Know: Part 3, Copyright Authorship appeared first on Copyright Alliance.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IP Law Blog
AUGUST 31, 2023
On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act. Those proceedings include inter partes review and post grant review.
SpicyIP
AUGUST 31, 2023
Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. We are pleased to bring you a guest post by our former SpicyIP Intern Ishant Jain, who shares his opinion on this question.
Technology & Marketing Law Blog
AUGUST 31, 2023
A Twitter user sued over his account suspension. The court dismissed the case without prejudice. Blog post coverage of that ruling here. The user tried again. Same result. Section 230. Twitter qualifies for the standard three-element test for 230: Twitter is an ICS provider. “Plaintiff seeks to hold Twitter liable for decisions regarding “information provided by another information content provider”—that is, information he and the third-party user, rather than Twitter, provided.”
SpicyIP
AUGUST 31, 2023
Image from studio tdes here Right to Information (RTI) Act, 2005 has been in the news for the last few days, especially for its dilution at the hands of the Digital Personal Data Protection Act, 2023 which takes away the public interest test while exempting personal information from the RTI Act. (See here and here for more on this). While this move has the potential to severely impact the efficacy of the RTI Act, I recently came across two other cases that can strengthen the RTI framework.
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.
TorrentFreak
AUGUST 31, 2023
To address counterfeiting and piracy, the United States Patent and Trademark Office (USPTO) invited submissions from the private sector detailing effective anti-piracy strategies and those envisioned for the future. In advance of a roundtable scheduled for October 3, submissions from rightsholders and their representatives have called for pirate site blocking in the United States and amendments to the DMCA that would allow for instant blocking of pirate streams.
SpicyIP
AUGUST 31, 2023
On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. The role of these manuals and guidelines is paramount as they help in implementing the provisions of the Statute and Rules in a more streamlined manner by the officers and gives an insight
The Illusion of More
AUGUST 31, 2023
As discussed in an earlier post, Valancourt Books, a small, on-demand publisher, filed suit against the Copyright Office and the Department of Justice and argued that the Office’s demand for physical copies of published books is unconstitutional. Valancourt alleged that the authority granted by §407 of the Copyright Act to demand the copies (or be […] The post What Does the Valancourt Decision Mean for Most Creators?
TorrentFreak
AUGUST 31, 2023
A few weeks ago, Lithuania amended its Code of Administrative Offenses, allowing media watchdog LRTK to fine pirates, without going to court. This legislative change is the latest attempt to deter piracy in the European country. The potential fines should make pirates reconsider their habits, the idea goes. Monitoring Pirates While this plan may be sound on paper, there are some challenges to overcome.
The IPKat
AUGUST 31, 2023
As previously reported for the IPKat here , the UK Science, Innovation and Technology Select Committee recently conducted an inquiry into the impact of AI on several sectors. This Kat gave evidence at the Inquiry in the session focusing on the impact of AI on copyright and the creative industries (you can watch the session here ). Today, the Select Committee has published its interim report - The Governance of Artificial Intelligence: Interim Report (Ninth Report of Report of Session 2022-23, HC
JD Supra Law
AUGUST 31, 2023
On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary copyright infringement premised on third-party “embedding” of Instagram posts. The ruling reaffirmed the “server test” established in the Ninth Circuit’s prior decision, Perfect 10 v.
U.S. Department of Commerce
AUGUST 31, 2023
Congratulations to the 2023 Class of Sustainability, Energy, and Environmental (SEE) Ambassadors! August 31, 2023 ASowah@doc.gov Thu, 08/31/2023 - 11:00 Pictured above: The 2023 Class of SEE Ambassadors. The Sustainability, Energy, and Environmental (SEE) Ambassadors program recognizes individual Departmental employees for their outstanding performance in implementing exceptional cost-saving projects and/or programs that help improve the Department’s sustainability, energy and water efficiency,
JD Supra Law
AUGUST 31, 2023
Over the past decade, counterfeit goods have become a persistent issue with respect to those involved in the e-commerce business. Counterfeit products, which can be sold as an identical copy or a cheap imitation that looks and feels similar to the original product can hurt many businesses and consumers alike. Businesses can suffer dramatic financial losses when a counterfeit good hurts the company’s brand reputation, and consumers can waste their money on substandard products that potentially.
IP Watchdog
AUGUST 31, 2023
Last week, the U.S. District Court for the Northern District of Illinois dismissed a copyright infringement lawsuit filed against the rapper and singer, Future. A Virigina-based rapper, Gutta, accused the rap star of copying his song “When U Think About It” when Future released “When I Think About It” on a 2018 mixtape. The district court judge ruled that none of the elements brought forward by Gutta were protectable under U.S. copyright law.
JD Supra Law
AUGUST 31, 2023
Over a decade has passed since recreational cannabis began to see legalization at the state level. Yet cannabis businesses continue to grapple with protecting their brands, as trademark protection at the federal level remains unavailable. The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis.
IP.com
AUGUST 31, 2023
The post IP.com to Attend IPWatchdog LIVE 2023 appeared first on IP.com - Innovation and IP Solutions.
JD Supra Law
AUGUST 31, 2023
In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the trademark available?" Obtaining a registered trademark is only half the battle in protecting your brand.
IP Law 360
AUGUST 31, 2023
More invalidity attacks will follow the Federal Circuit's recent decision that related patents can be invalidated for double patenting when they expire on different dates due to patent office delays, forcing patent owners to reassess their portfolios and filing strategies, attorneys say.
JD Supra Law
AUGUST 31, 2023
In this edition, key themes include creators and consumers seeking more control and protection over how their content is used to train AI models (whether under copyright law or privacy laws), and governments grappling with the delicate balance between overseeing and regulating AI development, and fostering innovation.
IP Law 360
AUGUST 31, 2023
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
JD Supra Law
AUGUST 31, 2023
On Friday, August 21, 2023, Stephen Thaler lost his appeal of the Copyright Office’s refusal to register a piece of art generated by his “Creativity Intelligence” AI computer system. U.S. District Judge Beryl A. Howell agreed with the Copyright Office that “human authorship is an essential part of a valid copyright claim.” A work generated autonomously by a computer does not fall under the protection of copyright law upon its creation.
IP Law 360
AUGUST 31, 2023
A California company has accused Jones Soda Co. of stealing the augmented reality technology used to digitally animate its bottle labels, according to a patent suit filed in Washington federal court.
JD Supra Law
AUGUST 31, 2023
It has been reported that Celltrion has finalized a settlement with Johnson & Johnson (“J&J”) in the United States relating to CT-P43, Celltrion’s ustekinumab biosimilar to J&J’s STELARA®, which would permit Celltrion to launch the product in the U.S. market on March 7, 2025, if approved by FDA.
Cogency Global
AUGUST 31, 2023
What this is: The Freedom of Information Act (FOIA) is a US federal law that provides individuals with the right to request access to records held by federal agencies. The law was enacted in 1966 and has since been amended several times. What this means: Although anyone can request information from federal agencies under the act, some may choose to keep their request anonymous.
JD Supra Law
AUGUST 31, 2023
In Short - The Background: Generative artificial intelligence ("GenAI") tools allow individuals to readily generate content, including works that traditionally would be copyrightable if authored by a human being, such as works of art and software code. The U.S. Constitution and the Copyright Act refer to "authors"—a term that traditionally has been understood to refer to human beings.
IP Tech Blog
AUGUST 31, 2023
On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure (“Rules”). The amendments are designed to require that parties address and agree on discovery issues regarding privilege and work product protections at the Rule 26(f) Conference. This is a welcome change that should both streamline the discovery process and reduce the cost of discovery obligations.
JD Supra Law
AUGUST 31, 2023
Partners Brian Rosenbloom and Jennifer Maisel will present a webinar titled "Intellectual Property Protection Strategies for AI in the Power Electronics Industry" for the Power Sources Manufacturers Association (PSMA) Power Technology Roadmap Webinar Series. The webinar will take place on Thursday, September 7, 2023, at 11 am ET. The event is free of charge and open to the public.
Patently-O
AUGUST 31, 2023
by Dennis Crouch Rafqa Star LLC v. Google LLC , No. 6:22-cv-01207-ADA, 2022 WL 3747666 (W.D. Tex. Aug. 17, 2022). Google is one of the largest companies in the US with extensive ties not just to every state, but virtually every household in the entire country. Still, the company regularly argues that it would be too unfair and inconvenient to litigate patent cases in states such as Texas.
JD Supra Law
AUGUST 31, 2023
Digital artwork created by an AI system has once again been denied U.S. copyright registration. The ruling in Thaler v. Perlmutter granted summary judgment to the Copyright Office and Shira Perlmutter, Register of Copyrights and Director of the Office, and upheld the Copyright Office’s longstanding position that U.S. copyright law only affords protection to works of human creation.
LexBlog IP
AUGUST 31, 2023
Yesterday, in the Federal Register, the U.S. Copyright Office issued a notice of inquiry (NOI) regarding copyright and artificial intelligence (AI). The Office has decided to do a study on whether legislative or regulatory steps are necessary to address the copyright law and policy questions that arise from generative AI. In particular, the NOI seeks factual information on the use of copyrighted works to train AI models, the level of transparency and disclosure needed with respect to the use of
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