Mon.Oct 16, 2023

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Copyright and The Bizarre World of Obituary Piracy

Plagiarism Today

Obituary piracy sites have long been a thing, but now YouTube channels are getting on the act. What is obituary piracy, and how can stop it? The post Copyright and The Bizarre World of Obituary Piracy appeared first on Plagiarism Today.

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Trademark Refusal: What is Genericness

Erik K Pelton

The following is an edited transcript of our video Trademark Refusal: Genericness. Once you apply for a trademark at the USPTO, there are numerous grounds on which your mark can be refused registration, one of which is a claim that your mark is generic. Generic words typically refer specifically to a particular good or service, or a class of goods or services.

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3 Count: Google News News

Plagiarism Today

Google agrees to pay German news publishers, VNG wins movie case on appeal and ACE shuts down two major piracy websites. The post 3 Count: Google News News appeared first on Plagiarism Today.

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Patent Continuation Strategies Face Major Threat

Patently-O

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Sonos Inc. v. Google LLC , 20-06754 WHA, 2023 WL 6542320 (N.D.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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The Law Bytes Podcast, Episode 180: Victoria Owen Sets the Record Straight on the State of Canadian Copyright Law and Content Licensing By Libraries and Educational Institutions

Michael Geist

Since the Canadian copyright law reforms in 2012, education and libraries have increased spending on licensing and a non-partisan House of Commons study found no need to create new restriction on education and library copying rights. Yet with misinformation flooding the copyright debate, the Canadian Federation of Library Associations recently spoke out in an effort to set the record straight.

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Private Torrent Tracker FileList to Shut Down After 16 Years

TorrentFreak

Private torrent sites, or private trackers as they are commonly known, have a special place in the piracy ecosystem. These sites tend to be more community-oriented than public torrent and streaming sites, which most people simply visit with a hit-and-run mentality. Troubles Many private trackers have come and gone over the years. The Romanian-based tracker FileList.io is one of the bigger ones to survive, although it came close to shutting down a few years ago when Romanian authorities seized it

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Finnegan Adds Atty In DC To Lead Firm's Advertising Practice

IP Law 360

Finnegan Henderson Farabow Garrett & Dunner LLP has added a Washington, D.C., attorney from Kelley Drye & Warren LLP as a partner and new head of its advertising practice, according to an announcement Monday.

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French Copyright framework for artificial intelligence: a half-hearted attempt

The IPKat

Recent developments have been strongly marked by the rise of generative artificial intelligence (AI) [IPKat here and here ]. This has not escaped anyone's notice. Among other things, on 12 September 2023, French MPs tabled a bill " aimed at providing a copyright framework for artificial intelligence ". Analysis An IA generated Kat in the style of Van Gogh Preamble of the draft law The draft law begins with an explanation of the reasons for its creation.

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Season 3 of ‘Understanding IP Matters’ Premiere’s this Week: “Partnerships can Enable the U.S. to Maintain its Innovation Leadership”

IP Close Up

The first episode of the third season of the popular podcast series, ‘Understanding IP Matters,’ drops on Wednesday with the focus on public-private technology partnerships, Continue reading

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Clock is Ticking on New York's Non-Compete-Ban Bill

JD Supra Law

While many in the antitrust community have been focused on the FTC’s proposed ban of non-competes, the states also have been active in this area. Earlier this year, the New York legislature passed a broad non-compete ban, which has been awaiting Governor Hochul’s approval for several months. Governor Hochul had expressed support for a non-compete ban applicable to workers who earn below the state median wage.

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IPO Diversity in Innovation Toolkit

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.

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How And Why Your Firm Should Implement Fixed-Fee Billing

IP Law 360

Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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Commentary and Concerns About the European Commission’s Proposed Regulation of SEP Licensing

JD Supra Law

This Summer, the European Commission asked for comments on the proposed regulations that are wending their way through the European Parliament (see, e.g.), and I (here for mine) and some 150 other individual and entities submitted comments for consideration.

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This Week in Washington IP: IPWatchdog’s Life Sciences Masters, IP Competition with China, and Helping Women Entrepreneurs Protect Their Brand

IP Watchdog

This week in Washington IP news, Congress returns from its district work period with the House holding several meetings related to IP and innovation. The House Subcommittee on Courts, Intellectual Property, and the Internet holds a hearing on IP competition with China and another subcommittee discusses safeguarding data in the growing AI industry. Elsewhere, IPWatchdog is hosting its Life Sciences Masters™ program in Ashburn, VA, and the U.S.

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AI and Copyright

JD Supra Law

Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law. In an August 2023 Business Blog entitled “Can’t Lose What You Never Had: Claims About Digital Ownership and Creation in the Age of Generative AI,” the FTC conceded that intellectual property rights are normally outside the FTC’s jurisdiction, but suggested that it may intervene if companies mislead consumers about the content they are consuming, including who.

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Ask the Expert: Unions 101

Nelligan Law

Reading Time: < 1 minute Union FAQs: Everything You Need to Know Have you ever wondered what being part of a union means? Watch as Adrienne Fanjoy joins CTV’s Ask the Expert to address some of the most common questions surrounding unions. Watch below to learn about union dues. collective agreements, and more. Part 1 Part 2 The post Ask the Expert: Unions 101 appeared first on Nelligan Law.

Law 59
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FTC Roundtable Considers Impact of Generative Artificial Intelligence on Creative Fields

JD Supra Law

On October 4, the Federal Trade Commission (FTC) hosted a virtual roundtable discussion to understand the impact of generative artificial intelligence (GenAI) on creative fields. FTC Chair Lina M. Khan acknowledged that GenAI tools can impact creators’ work and livelihood in both positive and harmful ways.

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How to make licenses

Likelihood of Confusion

My friends Oliver Herzfeld and Richard Bergovoy have just published “Trade mark licensing made easy” in the current issue of Managing Intellectual Property. (Don’t email me about the “typo.” The. The post How to make licenses appeared first on LIKELIHOOD OF CONFUSION™.

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AI Versus Westlaw Copyright Bellwether Hurtles Toward Jury as Summary Judgment Largely Denied

JD Supra Law

In one of the first lawsuits to allege that generative AI companies violate the U.S. Copyright Act by using copyrighted works to train machine learning models, Judge Stephanos Bibas of the Delaware Circuit Court recently denied the majority of issues raised in cross motions for summary judgment filed by plaintiff Thompson Reuters and defendant Ross Intelligence Inc.

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MVP: Arnold & Porter's Matt Wolf

IP Law 360

Matt Wolf of Arnold & Porter helped Sanofi and Regeneron land a win over Amgen in a case that made its way to the U.S. Supreme Court, where the justices held that a patent covering a class of processes must provide enough information allowing people to replicate the full scope of the invention, landing him a spot among Law360's 2023 Intellectual Property MVPs.

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FDA Approves Biogen Biosimilar for Genentech's Actemra®

JD Supra Law

On September 29, the U.S. Food and Drug Administration announced approval of Biogen's Tofidence® (tocilizumab-bavi) as a biosimilar to Genentech's Actemra®, a drug approved for treating COVID-19, rheumatoid arthritis, giant cell arteritis, scleroderma, polyarticular or systemic juvenile idiopathic arthritis, and severe cytokine release syndrome.

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CAFC Finds No Violation of IPR Reply Restrictions in Apple’s Expansion of Analogous Art Arguments

IP Watchdog

On October 16, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Corephotonics, Ltd. v. Apple Inc. affirming most of a final written decision by the Patent Trial and Appeal Board (PTAB) that invalidated dual-aperture camera system patents owned by Corephotonics. The Federal Circuit nixed the patent owner’s arguments that asserted prior art references were not analogous art but remanded to the PTAB for further explanation of its ruling, as the Board may ha

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New California Law Makes Non-Compete Agreements Unlawful, Not Just Void

LexBlog IP

California’s Governor signed Assembly Bill (AB) 1076 on October 13, 2023, which adds new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions already are void under Business & Professions Code §16600. Read more.

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Exploring AI Ethics & Publishing

Velocity of Content

Public policy and legislation across the globe regulate and restrict technology in countless ways. Yet the laws of technology itself are few. And even among those, most are generally not well known. Melvin Kranzberg , an American academic whose field was the history of technology, created just six laws of technology more than 35 years ago. The most essential of Kranzberg’s laws is the first one – technology is neither good nor bad, nor is it neutral.

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1927 Enters the Public Domain

Indiana Intellectual Property Law

United States – The year 1927 brought with it musical compositions by the likes of Duke Ellington , cinematic masterpieces by film greats like Alfred Hitchcock , who produced his first thriller in 1927, The Lodger: A Story of the London Fog , and pieces of classic literature, such as To the Lighthouse , by Virginia Woolf. All the authors, composers, and directors of those pieces, along with others like them, wisely had their works copyrighted , giving them exclusive rights over how (and by

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Weakness of SELF Magazine's Mark Leads to TTAB Dismissal of Opposition to THE SELF PUBLICATION for Art and Literature Presentations

The TTABlog

The Board tossed out this opposition to registration of THE SELF PUBLICATION for "Education and entertainment, in particular presentation of works of visual art or literature to the public for cultural or educational purposes," concluding that Opposer Advance Magazine Publishers failed to prove a likelihood of confusion with its registered mark SELF for fitness magazines and for provision of information in the fields of fitness, fashion, exercise, health, nutrition and beauty via electronic mean

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Cleary Grows In Bay Area With Ex-Cooley Partner

IP Law 360

Cleary Gottlieb Steen &amp; Hamilton LLP has hired an attorney who worked at Cooley LLP for more than 20 years as a partner in its Bay Area offices.

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Comments on the Ruling Declaring California’s Age-Appropriate Design Code (AADC) Unconstitutional–NetChoice v. Bonta

Technology & Marketing Law Blog

[Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.] We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). The AADC would require many businesses to sort their online visitors into adults and children–necessarily requiring age authentication–so that children can receive heightened statutory protections.

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X Rebrand Of Twitter Will Keep USPTO Busy

IP Law 360

Trademark applications filed by X, formerly known as Twitter, for its namesake character mark face several registration hurdles at the U.S. Patent and Trademark Office, including the ability to prove that the mark is sufficiently distinct and not generic, says Lindsey Sadler at Dorsey & Whitney.

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“And we’re even gonna have a beer” – Tesla’s fight for GIGABIER

The IPKat

Tesla is undoubtedly fast. Its flagship model can go 322 km/h and accelerates from 0 to 100 km/h in 2,1 seconds. Yet, Tesla was beaten to the punch by a German company, which registered the EU trade mark ‘Gigabier’ one day after Elon Musk’s announcement of Tesla’s intention to sell ‘GIGABIER’. Tesla filed an opposition on the basis of earlier non-registered rights under Art. 8(4) EUTMR , which states: Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the

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Womble Bond Brings On IP Team From Dentons In San Diego

IP Law 360

Womble Bond Dickinson has added a six-member patent team from Dentons in San Diego, the firm said Monday.

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Protection of Jewellery under Intellectual Property Rights

Biswajit Sarkar Copyright Blog

Protecting jewellery with the aid of intellectual property rights is a topic of interest which sparks curiosity. While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. Additionally, the jewellery’s brand name and logo may be protected under the purview of the Trade Marks Act.

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Swissdigital, Wenger Settle High-Tech Luggage Patent Suit

IP Law 360

Swissdigital USA Co. Ltd. has said it has inked a deal to end a suit over high-tech luggage patents, saying the case — which had been to the Federal Circuit — should be tossed.

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Police Raid Pirate IPTV Provider Offering Sky TV, Seized Material “Identifies Users”

TorrentFreak

The Italian government, lawmakers, telecoms regulator AGCOM, broadcasters, and football leagues invested considerable resources to get new law over the finishing line in July. While one aspect of the law focuses on blocking access to pirate services , another ramps up punishments for those caught supplying illegal streams and customers who buy subscriptions to watch them.

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Wayfair, Williams-Sonoma Settle West Elm Patent Row

IP Law 360

A nearly two-year-old furniture patent dispute between Williams-Sonoma and Wayfair appears headed toward a conclusion after the two retailers filed a joint notice of their intentions to settle.

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SpicyIP Weekly Review (October 9- October 15)

SpicyIP

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Image from here Looking at the DHC’s order in Jainemo Pvt. Ltd. v. Rahul Shah Through the lens of the DU Photocopy Case Recently the Delhi High Court issued an injunction against unlawful dissemination of Jainemo Pvt.