Plagiarism Today
MAY 15, 2023
Paper Mills are not a new threat to academic publishing, but they've stayed relevant through quick pivots and a system that rewards them. The post Paper Mills: An Old Crisis in Academia Made New appeared first on Plagiarism Today.
Hugh Stephens Blog
MAY 15, 2023
This question about Section 230 has been asked a number of times since Canada ratified the USMCA/CUSMA text that included Article 19.17.2, which says, in part; “no Party shall adopt or maintain measures that treat a supplier or user of an interactive computer service as an information content provider in determining liability for harms related … Continue reading "Did US-style “Section 230” Internet Platform Immunities Sneak into Canada through CUSMA?
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Plagiarism Today
MAY 15, 2023
Court denies Grande Communications a new trial, Richard Prince suffers fair use setback, and the case against GitHub moves forward. The post 3 Count: Not Astounding appeared first on Plagiarism Today.
Kluwer Copyright Blog
MAY 15, 2023
Image by Gerd Altmann from Pixabay Recently, the German photographer Boris Eldagsen won a prestigious Sony World Photography Awards competition. After the winner was announced, the photographer disclosed that the image he submitted to the photography competition was generated through the use of an AI system and refused to accept the award. This has provoked a public discussion on whether AI should be attributed or mentioned when a work is generated by AI or using AI.
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
MAY 15, 2023
Can a Board of Appeal overturn a finding of fact at first instance? Boards of Appeal case law on this question currently conflicts ( IPKat ). The question comes down to how much the principle of the free evaluation of evidence restricts the competency of the Boards to overturn findings of fact. The recent decision in T 0042/19 found merit on both sides of the argument, but concluded that the power of Boards of Appeal to overturn a finding of fact by a first instance department was generally curt
TorrentFreak
MAY 15, 2023
Most artists and music labels share their music with the public on YouTube, free of charge. The popular video platform has become an important promotional channel that brings in billions of dollars of advertising revenue every year. The success story has a downside, however. Millions of people use so-called stream-ripping websites to download music tracks from YouTube, without permission.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MAY 15, 2023
The use of lawsuits to solve complex commercial disputes suggests that no amount of talking will ever produce the desired results. For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common?
IP Tech Blog
MAY 15, 2023
A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an anonymous TikToker, and neither Drake nor The Weeknd participated in the track’s creation.
JD Supra Law
MAY 15, 2023
Today, the Supreme Court again disregarded the views of the Federal government regarding whether to grant certiorari, here in Teva Pharmaceuticals USA v. GlaxoSmithKline LLC, and in some ways the only positive outcome is that the Court has shown it is willing to refuse to take action is cases other than subject matter eligibility (although Justice Kavanaugh indicated he would have granted the petition).
Olartemoure Blog
MAY 15, 2023
What is Dumping? Dumping occurs when the price of a product in an importing country is below its price in the market of the exporting country. It can be identified by comparing the price of the product in both countries. What is Anti-dumping? Anti-dumping consists of a tariff that is imposed by the domestic government on the importers when they consider that the price of a product is below the fair market value.
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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.
JD Supra Law
MAY 15, 2023
The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v. Sanofi. This has not surprisingly generated a great deal of interest and amicus briefing.
Patent Trademark Blog
MAY 15, 2023
Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Amazon sellers need to understand the importance of choosing a brand name for Amazon seller account that, when filed as a trademark application, will present the lowest risk of rejection by the Trademark Office.
JD Supra Law
MAY 15, 2023
This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The current issue includes decisions entered (or designated as precedential) between January 1, 2023 and March 31, 2023. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Likelihood of Confusion
MAY 15, 2023
Eric Johnson‘s Pixelization blog has a sweet insight into a sticky trademark mess that Hershey’s could be, theoretically, getting itself into: It’s a Hershey’s-brand three-compartment silicone muffin pan. When you. The post Kissing trademark rights goodbye? appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MAY 15, 2023
This week, the Federal Circuit reversed the United States District Court for the District of Delaware’s (“District Court”) decision to add David Howard as a joint inventor on Hormel Food Corporation’s (“Hormel”) U.S. Patent No. 9,980,498 (“the ’498 patent”). Despite the District Court finding the opposite, the Federal Circuit found that Howard’s contributions to the ’498 patent were “insignificant in quality” under the Pannu factors.
The TTABlog
MAY 15, 2023
On May 8, 2023, the Director of the USPTO notified the Trademark Public Advisory Committee (TPAC) of its intention to set or adjust trademark-related fees. The Office submitted a preliminary trademark fee proposal with supporting materials: the proposed fee schedule and associated materials may be found here. Anyone wishing to present oral testimony at the hybrid public hearing scheduled on Monday, June 5, 2023, from 1-3 p.m.
JD Supra Law
MAY 15, 2023
The Patent Trial and Appeal Board recently instituted an inter partes review where the patent owner argued that the petitioner failed to establish its expert as a person of skill in the art, which would have rendered the expert’s testimony inadmissible under Kyocera Senco Indus. Tools Inc. v. Intl. Trade Commn., 22 F.4th 1369 (Fed. Cir. 2022).
Michael Geist
MAY 15, 2023
Bill C-18, the Online News Act, has now shifted to the Senate, where the Transportation and Communications committee, is reviewing a bill that has led Meta to say it plans to block news sharing in Canada altogether in the bill passes in its current form. I appeared before the committee earlier this month with discussion that focused on a wide range of issues, including the risks of mandating payments for links, the non-compliance with international copyright obligations, why the CBC should not b
JD Supra Law
MAY 15, 2023
On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to provide a high level view on the key aspects of the UPC system, compare them to patent litigation in the U.S., and consider their implications on U.S.
Technology & Marketing Law Blog
MAY 15, 2023
[I initially planned to write up this analysis as a short academic essay. If you’re interested in working with me to adapt this blog post into an academic essay format, email me.] This blog post is about the following two phrases: “[T]he Communications Decency Act was not meant to create a lawless no-man’s-land on the Internet.” This phrase originated in Kozinski’s Roommates.com en banc opinion.
IP Watchdog
MAY 15, 2023
On May 15, the U.S. Supreme Court issued an order list denying petitions for writ of certiorari filed to appeal several patent rulings, including a pair of 35 U.S.C. § 101 patent eligibility cases that the U.S. Solicitor General previously urged the nation’s highest court to hear. The Supreme Court also denied Teva Pharmaceuticals’ petition to review its appeal of the Federal Circuit’s “skinny label” induced infringement ruling over its generic version of carvedilol.
Patently-O
MAY 15, 2023
by Dennis Crouch In spite of robust amicus backing, including from the US Solicitor General, the Supreme Court has declined to review two pending patent-eligibility petitions: Interactive Wearables v. Polar and Tropp v. Travel Sentry. These cases contended that the Alice / Mayo framework produced (1) instability and unpredictability in the law; (2) facilitated non-evidence based judgments by district courts; and (3) prohibited patenting of subject matter that has traditionally been eligible for
IP Law 360
MAY 15, 2023
The U.S. Patent and Trademark Office has begun laying the groundwork for a separate design patent bar that it floated by the public last year, issuing an advance notice of proposed rulemaking Monday.
IP Watchdog
MAY 15, 2023
This week in Washington IP news, artificial intelligence is the hot topic of the week with the Senate and House both holding hearings on the subject. OpenAI CEO Sam Altman will testify before the Senate as the young tech entrepreneur becomes the face of the emerging industry. Elsewhere, the USPTO is hosting a day-long expo on innovation in the green energy sector.
IP Law 360
MAY 15, 2023
The male exotic dance company Chippendales has filed a lawsuit against a man who claims to be the heir and rightful owner of the company's trademarks, saying he has been illegally interfering with the company's registrations in the U.S. Patent and Trademark Office.
The Trichordist
MAY 15, 2023
Blake Morgan tells it like it is on the AI scammers.
IP Law 360
MAY 15, 2023
The Eleventh Circuit has affirmed a lower court decision that dismissed 20 of 21 claims in a theater production company's suit against Celebrity Cruises Inc., saying it correctly found that a state unjust enrichment claim was not completely preempted by the federal Copyright Act.
JD Supra Law
MAY 15, 2023
The Court of Appeal has applied business common sense to resolve a dispute about the scope of a patent licence and the meaning of a so-called patent laundering clause.
IP Law 360
MAY 15, 2023
Video game heavyweight Valve Corp. was hit with litigation in Washington federal court on Monday that accuses the company of using a developer's patented technology within its virtual reality systems without permission or a license.
LexBlog IP
MAY 15, 2023
A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an anonymous TikToker, and neither Drake nor The Weeknd participated in the track’s creation.
IP Law 360
MAY 15, 2023
U.S. District Judge Rodney Gilstrap has rebuffed internet service provider Altice's bid to throw out a copyright suit brought against it by a group of record companies over stolen music being shared by its users, ruling that there's enough evidence at this stage in litigation to support contributory infringement claims.
LexBlog IP
MAY 15, 2023
I have a book from 2014. It is called “Colorado Landlord-Tenant Law From the Perspective of a Tenant Advocate,” by Manuel Ramos. It does a good job explaining the nuts and bolts of landlord-tenant law, or at least, it did. The book is quite out of date now, because the Colorado legislature has made a lot of changes over the last ten years, mostly to increase tenant rights.
IP Law 360
MAY 15, 2023
A California man who allegedly sold the original art used for a classic "Blade Runner" movie poster to a Pennsylvania attorney can't be sued in the Keystone State over the sale, a Pennsylvania federal court ruled Monday.
JD Supra Law
MAY 15, 2023
Kilpatrick Townsend recently held its annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar). Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property law and their impact on patent and trademark strategies. Kilpatrick Townsend attorneys Maria Baratta, Kristin Doyle, Adria Perez, and Gunjan Talati, presented “Interparty Considerations and Collaborations: Navigating IP Due Diligence and Joint Development Agreements with Third.
IP Law 360
MAY 15, 2023
Disney can escape part of a copyright suit alleging "Some Things Never Change," a song from the animated film "Frozen II," rips off a Georgia singer-songwriter's 1999 song after a California judge ruled the songwriter hadn't been specific enough in one of his claims.
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