Tue.Jun 06, 2023

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3 Count: Deadliest Doll

Plagiarism Today

Deadly Doll settles case with paparazzi photographer, Cox makes an interesting argument in piracy case and HBO sued over FBoy Island. The post 3 Count: Deadliest Doll appeared first on Plagiarism Today.

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Trademark Fee Increases Proposed By the USPTO

Erik K Pelton

Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between. The post Trademark Fee Increases Proposed By the USPTO appeared first on Erik M Pelton & Associates, PLLC. Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between.

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Dodgy RARBG Knockoffs Thrive as Former Users Seek Refuge

TorrentFreak

Last week the popular torrent site RARBG closed its doors. The operators cited personal and financial reasons for the surprise decision, which came as a shock to many. In recent days there have been plenty of attempts to restore the old database. Some are considering the launch of new sites to keep the RARBG spirit alive but collecting metadata and copying a site’s design isn’t the main challenge.

Branding 134
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How to Protect a Book Title

Erik K Pelton

The following is an edited transcript of my video How to Protect a Book Title. The quick and short answer to “How can I protect a book title?” is that you can’t. But, when it comes to the law trademarks, everything’s complicated with a lot of variables, and there are ways to work around it. The title of a book is basically exempt from trademark protection because it’s part of creative expression, and books in general are protected by copyright and copyright registra

Editing 130
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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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Witnesses and House IP Subcommittee Members Skeptical About Extending TRIPS IP Waiver

IP Watchdog

The House of Representatives’ Subcommittee on Courts, Intellectual Property, and the Internet today held a hearing titled “IP and Strategic Competition with China: Part II – Prioritizing U.S. Innovation Over Assisting Foreign Adversaries,” which focused on the World Trade Organization’s (WTO’s) agreement on a waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) last June.

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Rightscorp Taps Indie Labels to Fuel New Wave of Piracy Settlement Action

TorrentFreak

At a time when a limited number of rightsholders were demanding thousands of dollars from alleged BitTorrent pirates, Rightscorp focused on the budget end of the market. By attaching settlement demands to DMCA notices sent to ISPs, Rightscorp hoped these would be forwarded intact to subscribers. Rather than demand large sums, Rightscorp requested a relatively small amount, typically around $20, an amount payable through a dedicated portal.

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Protecting Creators in the Age of Generative AI

Copyright Alliance

Advancements in artificial intelligence technology have taken the creative world by storm, enabling anyone at any skill level to use their own words to create content the way they dreamed […] The post Protecting Creators in the Age of Generative AI appeared first on Copyright Alliance.

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CCC Hosts Q & A with Solo Corporate Librarian Jamie Hullinger

Velocity of Content

Tips for Navigating Change and Delivering Value Like a (Solo Information) Pro On Wednesday, 14 June, CCC’s Corporate Solutions Director Kevin Barrett will welcome Jamie Hullinger , solo corporate librarian of global medical technology leader Zimmer Biomet , for an informative 30-minute Q & A. Register Now Accelerating the flow of research to drive discovery and innovation is a common goal for information professionals in R&D-intensive organizations of all sizes.

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Ed Sheeran’s Court Victory Adds Important Layer to Copyright Law

JD Supra Law

After almost five years of litigation, British singer-songwriter Ed Sheeran pulled out all the stops (and his guitar) to obtain victory over claims his 2014 song “Thinking Out Loud” infringed on the copyrights held by the estate of Ed Townsend, who co-wrote Marvin Gaye’s 1973 hit “Let’s Get it On”. The lawsuit alleged that Sheeran infringed on what was expressed in the sheet music filed with the United States Copyright Office.

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[Sponsored] PatSeer Announces the Launch of a New AI-driven Semantic Search Built on a Custom-TrainedGPT Model

SpicyIP

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new AI-driven semantic search. PatSeer Announces the Launch of a New AI-driven Semantic Search Built on a Custom-TrainedGPT Model With this new capability, PatSeer revolutionizes the patent research domain by bridging the gap between Boolean and AI-based systems. Pune, India (June 6, 2023) – PatSeer is excited to announce a completely new and rebuilt semantic search powered by an advanced GPT-driven langua

IP 95
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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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From Creativity to Liability: Exploring the Legal Dangers of Using Generative AI Websites, Applications, and Chrome Extensions

JD Supra Law

Reflective of the reality that the buzz around ChatGPT was just one first step in the AI revolution, there are now hundreds of applications and extensions that leverage generative AI to perform a whole host of tasks. But many commentators promoting the vast adoption of generative AI seem to do so with the assumptions that: (1) efficiency is king, (2) faster is better, and (3) the more the better.

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Training Within Industry—Second-Line Supervisor Job Instructions

Christopher Roser

Training Within Industry and its modules Job Instructions, Job Relations, and Job Methods are well known. But (thanks to Mark Warren) I just recently learned about another module: Job Instructions for Second-Line Supervisors (nowadays called managers). This is a hierarchy level higher, and the goal is to support and guide the shop floor supervisors on.

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WEBINAR – Terminations & Severance Packages: Know Your Rights

Nelligan Law

Reading Time: 2 minutes Understanding your rights Originally created to address the specific needs of Shopify employees during a period of mass layoffs, this webinar hosted by Andrew Montague-Reinholdt and Denise Deschênes contains information that is relevant and essential for anyone who has experienced the loss of their job and been offered a severance package by their employer.

Law 83
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Nike’s Patent Saga Highlights Controversial PTAB Practices

Patently-O

by Dennis Crouch The pending petition in Nike v. Adidas asks the Supreme Court whether it is proper for the Patent Trial & Appeal Board (PTAB) to raise sua sponte new grounds of unpatentability against a substitute claim added during an inter partes review proceeding. The government, as a respondent in this case, argues that the PTAB can create its own reasons for rejecting newly-added claims so long as the patent owner is given sufficient notice and a chance to respond.

Patent 73
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Ownership Still In Dispute Of Co. Owed $143M In Bitcoin Fight

IP Law 360

A Florida federal judge declined to wade into a dispute over the ownership of a company created by self-professed bitcoin inventor Craig Wright and a deceased computer forensics expert, instead saying the court's role is to merely help the company collect a $143 million judgment against Wright.

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Amgen Inc. v. Sanofi: U.S. Supreme Court Addresses Enablement for Biotechnology Inventions

JD Supra Law

I’m a bit behind and therefore am not part of the slew of commentary that flowed from the Supreme Court’s decision in Amgen Inc. v. Sanofi, 143 S. Ct. 1243, 1248 (2023), addressing Amgen’s claims to “antibodies that (1) bind to specific amino acids on a naturally occurring protein known as PCSK9, and (2) block PCSK9 from impairing the body’s mechanism for removing LDL cholesterol from the bloodstream.”.

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Otter Still Faces Some Claims In Photo License Fight

IP Law 360

A Colorado federal judge gave cellphone case maker Otter Products LLC a partial win in a copyright suit brought by a California photographer, ruling the company owns images from an extreme sports photo shoot and didn't infringe on the photographer's copyright in using them.

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Further Extension of Non-DOCX Filing Fee Date Highlights USPTO’s Lack of Compliance with Paperwork Reduction Act

IP Watchdog

Today, the U.S. Patent and Trademark (USPTO) published a pair of documents in the Federal Register regarding due dates on new document formatting requirements for patent applications filed with the Office. The USPTO’s decision to delay the implementation of new filing fees for non-DOCX patent applications highlights issues that the agency has had in complying with the terms of the Paperwork Reduction Act by failing to properly represent to the Office of Management and Budget the burden that the

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The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

43(B)log

Enigma Software Grp. USA, LLC v. Malwarebytes, Inc., No. 21-16466 (9th Cir. Jun. 2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs).

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Federal Circuit Judicial Council Won’t Restore Newman to Case Assignments

IP Watchdog

The Judicial Council of the Federal Circuit has denied Judge Pauline Newman’s request to be restored to the rotation of new case assignments pending a Special Committee’s investigation into her fitness to serve on the court. The Committee referred Newman’s request to the Judicial Council, which construed it as a request for reconsideration of its previous decision to preclude the assignment of new cases to Newman, and determined again that she should not be allowed new case assignments.

IP 59
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Supreme Court Hears Oral Argument over Extraterritorial Reach of U.S. Trademark Law

JD Supra Law

On March 21, the United States Supreme Court heard oral arguments in Abitron Austria GmbH v. Hetronic International, Inc. over whether the infringement provisions of the United States Trademark Act impose liability for damages and injunctive relief where the defendant’s use of a mark takes place in part outside the United States but tarnishes the goodwill of a U.S. mark owner, causing it to lose sales, and poses a likelihood of confusing consumers in and outside of the United States.

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Shower Curtain Cos. Win $929K In Patent Feud Attorney Fees

IP Law 360

A New York federal judge said owners of a Hookless brand of shower curtains are owed $929,000 in attorney fees, finding that two competitors engaged in "abusive litigation conduct.

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How to Draft Chinese Patent Clearly by the Aid of Modularity

JD Supra Law

Article 26.3 of the Chinese Patent Law prescribes that the description should be sufficiently clear. However, most patent attorneys would find it difficult to satisfy the requirement of “sufficiently clear”: it takes a lot of work to get the description to the point where it is clear to the patent attorney, the inventor, as well as the examiner.

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Interesting Patents | Nike: Sole Structure with Midsole Protrusions and Arced Profile

LexBlog IP

Interesting Patents | Nike: Sole Structure with Midsole Protrusions and Arced Profile by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

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Licensing vs. Franchising: Are You Accidentally Creating a Franchise?

JD Supra Law

A trademark license may seem straightforward. It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods offered and services rendered under the mark. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right?

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Ex-DLA Piper Atty Accuses Firm Of Pregnancy Bias

IP Law 360

A former intellectual property associate is accusing DLA Piper of firing her just days after she formally requested maternity leave, saying in a New York federal court filing Tuesday that the firm fabricated performance issues in order to oust her.

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Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder

JD Supra Law

The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not apply to commercial copying of an original work if the copy serves the same or highly similar purpose as the original.

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Justices Told Newman Investigation Merits Redoing Case

IP Law 360

The Federal Circuit's evaluation of whether Judge Pauline Newman is mentally competent has made its way into U.S. Supreme Court briefing, with an inventor whose patent was invalidated saying his due process rights were violated by having her on his appellate panel.

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USPTO Director: Invalidity Judgment by District Court Does Not Foreclose Inter Partes Review

JD Supra Law

In a sua sponte review, USPTO Director Kathy Vidal continued her refinement of the PTAB’s “discretionary denial” practice. Specifically, the Director vacated the Board’s decision to deny institution in Volvo Penta of the Americas, LLC v. Brunswick Corp. (IPR2022-01424).

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Commissioning Custom Art for Businesses: A Comprehensive Guide to Making a Statement

Art Law Journal

In today’s competitive market, businesses and organizations constantly seek innovative ways to stand out, lure new audiences and leave a lasting impression on their customers — and one powerful way to do this is through custom art.

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Does Transformative Matter? No, At Least Where Use Is Commercial

JD Supra Law

Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., 598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)).

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The Basics of Starting Your Nonprofit Organization Why Start A Nonprofit Organization?

Stock Legal Blog

Nonprofit organizations help their community, whether it is locally, nationally, or globally. As such, nonprofit organizations typically have an educational, scientific, religious, or charitable purpose. They are given tax advantages because they provide valuable services and assistance to people.

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How Companies Are Calibrating Risk Tolerance to Implement AI Policies

JD Supra Law

Companies in all industries remain focused on implementing policies and training programs to govern employees’ use of generative AI (GenAI) tools. Meanwhile, early adopters with policies in place continue to evaluate and update them.

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Seyfarth’s Advertising & Marketing Group to Present ANA Webinar

LexBlog IP

On Tuesday, June 13 at 1:00 p.m. Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” The webinar will address the recent surge in consumer class actions, compliance considerations, and recent developments in the law related to privacy claims, including TCPA and State Mini-TCPAs, the Video Privacy Protection Act,

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In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the Supreme Court Revisits the Copyright Fair Use Test

JD Supra Law

On May 18, 2023, the U.S. Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince.