Thu.Jul 14, 2022

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Copyright Concerns When Using Others to Create Content

Erik K Pelton

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. Lots of us use others to help create content online. Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. And there’s nothing wrong with that, of course.

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The Case for Patenting AI: U.S. Patent Laws Better Get Smart or Get Left Behind

IP Watchdog

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines. AI inventors sound much more like philosophers theorizing about machines, rather than mechanics describing a machine.

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Who appeals (and wins) patent cases?

Patently-O

By Jason Rantanen. There are lots of studies of Federal Circuit decisions, but very few involve the link between all cases filed at the district court cases and appeals. This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings.

Patent 137
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Manga Piracy: Operator of MangaBank Sentenced By Chinese Authorities

TorrentFreak

Japanese manga publishing giants Shueisha, Kadowaka, Kodansha, and Shogakukan are on a mission to disrupt piracy in any way possible. Late October 2021, a law firm acting for Shueisha filed an ex parte application at a California district court seeking discovery of information for use in a foreign proceeding. In our initial report we listed several domains of interest to Shueisha, all with a common denominator – connections to huge manga piracy site MangaBank.

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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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Inventor Diversity Advocacy Group Launches ‘Patent Academy’ in Latest Effort to Reach Underrepresented Inventors

IP Watchdog

Earlier this month, IP diversity advocacy group Invent Together announced that it had launched an online learning platform known as The Inventor’s Patent Academy (TIPA), an e-learning course designed in collaboration with Qualcomm to educate inventors from diverse and underrepresented backgrounds about the benefits of engaging with the U.S. patent system.

Inventor 124
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RIAA Takes Down ‘Infringing’.ETH Domain Auctions from OpenSea

TorrentFreak

The music industry has had a difficult relationship with new technologies over the past several decades. Cassette tapes, recordable CDs, MP3s, and streaming services have all been described as a major threat to the revenues of artists and labels. ‘Infringing’ NFTs. More recently, various blockchain and NFT projects are seen as a growing problem.

Music 124

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Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox

Technology & Marketing Law Blog

This is a troubling ruling on TOS amendments. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process. Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. I hope it’s not. * * *.

Contracts 108
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More Money, More Problems? Paramount Faces Copyright Lawsuit Over Their Massive Blockbuster Top Gun: Maverick

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. If you left your house within the last 3 weeks, you have heard of the film Top Gun: Maverick. The film is a sequel to the 1986 Top Gun, and has become Paramount’s second highest grossing film, and Tom Cruise’s biggest film ever. As of June 6, 2022 a claim has been filed by Shosh Yonay and Yuval Yonay against Paramount Pictures Corporations for all “gains, profits and advantages Paramount has derived” from the Top

Copyright 106
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[Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs

The IPKat

Katfriend Paolo Maria Gangi (Studio Gangi) is back with another guest contribution on the EUIPO's recent guidance on trade mark applications for NFTs. Here's what Paolo Maria writes:- [Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs by Paolo Maria Gangi As The IPKat reported a few days ago here , the European Intellectual Property Office (EUIPO) has recently released some guidance notes on its approach to the classification of non-fungible tokens (NFTs).

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Copyright Office Reports Significant Obstacles for Press Publishers, But Does Not Recommend New Rights

Copyright Alliance

At the end of last month, the U.S. Copyright Office issued its Copyright Protections for Press Publishers report, examining the relationship between press publishers and news aggregators, applying copyright law […]. The post Copyright Office Reports Significant Obstacles for Press Publishers, But Does Not Recommend New Rights appeared first on Copyright Alliance.

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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 IP.com Is Ensuring Ethical AI

IP.com

IP.com’s suite of solutions for innovative businesses is backed by our proprietary AI engine. AI allows us to develop tools that help companies understand where and how their competitors are. The post How IP.com Is Ensuring Ethical AI appeared first on IP.com - IP Innovation and Analytics.

IP 98
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PCT Patent Application: Why file foreign when your US application is uncertain, unexamined or not allowed?

Patent Trademark Blog

Leap of Faith: File a PCT patent application while your US application might get rejected? Timing your patent filings can be tricky. P:atent applicants typically find themselves in a moment of indecision when the foreign filing deadline approaches. For US applicants, the deadline for filing a PCT patent application is 1 year from your earliest US filing date known as the priority date.

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Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Traverse Legal Blog

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit.

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Electronic Gaming Podcast | Copyright and Trademark - Aaron Hendelman and Gary Greenstein

JD Supra Law

Join Wilson Sonsini Partners Aaron Hendelman and Gary Greenstein as they dig into how copyrights and trademarks can implicate games and gaming companies. With conversation on topics such as: whether you could put Starbucks in a game, legal issues with putting music in games, and when to register copyrights and trademarks, these two partners know quite a bit about how to avoid the pitfalls and traps any gaming company should be aware of.

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OM Weekly Digest 07/14/22

Olartemoure Blog

07/14/22 – Anti-trust and Compliance. Colombia’s anti-trust authority (“SIC”) sanctioned several companies belonging to a liquor cartel in Colombia’s department of Antioquia, setting a fine of roughly USD 4 million for anti-competitive agreement. It is worth noting that this is the 42nd sanction in competition law matters imposed by the SIC during Andrés Barreto’s term as Superintendent, adding up to USD 156 million already.

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Gene therapy development in Europe brings layers of liability risks

JD Supra Law

The investments in Advanced Medicinal Products (ATMPs) that use gene therapy, somatic cell therapy, and engineered tissues for preventing, treating, or curing human diseases probably represent the biggest innovation in the pharmaceutical industry since the introduction of biologic medicines in the 1980s. However, treatment with ATMPs bring unique and novel legal issues and liability risks, particularly for parties that manufacture and supply ATMPs in Europe.

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Ohio State Successfully Registers the Word THE with the Trademark Office

The IP Law Blog

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. Although the registration covers limited goods and services, that hasn’t stopped people from being outraged by the idea that a person or entity can obtain exclusive rights to use of the most commonly used word in the English language.

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Author Talks: Older, wiser, and not going anywhere

McKinsey Operations

As people live longer and work longer, the market for where they spend their money continues to grow in size and variety.

Marketing 118
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Medical Device Patentee Petitions Supreme Court Regarding On-Sale Bar and Price Quotes

JD Supra Law

A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention if it has been for sale for over one year prior to the patent filing. On July 6, 2022, in Junker v. Medical Components Inc., inventor Larry Junker filed a petition for certiorari asking the Supreme Court to review the Federal Circuit’s finding of invalidity of his design.

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New Board Appointments to the IPO

The IPKat

The UK Intellectual Property Office has announced a number of new appointments to its board. Adam Williams has been appointed as Interim Chief Executive Officer. He will take over from Tim Moss, starting on 1st September. According to the press release, which can be accessed here : " Adam Williams will assume CEO responsibilities until the open competition for a permanent replacement has concluded.

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The beauty battleground: The sprint to win on services

McKinsey Operations

Beauty companies looking to capitalize on fast-evolving trends should act on the growing convergence of brands that offer beauty products and brands that offer services.

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ERA and Maastricht University launch new European Patent Litigation Certificate

The IPKat

Student life presents its challenges. It looks like, after quite some time, the Unified Patent Court is soon to become a reality. The always-busy Katfriends at the Academy of European Law (ERA) in Trier have thus informed The IPKat that they are launching – in collaboration with Maastricht University – a new European Patent Litigation Certificate (EPLC) , which will run in person (in Trier) and online between September 2022 and July 2023.

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US consumer spending and sentiment remains strong, so far

McKinsey Operations

McKinsey’s Brian Gregg speaks with Dan Loney on consumer spending in a recent episode of the Wharton Business Daily Podcast.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

So far this year, the Board has affirmed 104 of the 108 Section 2(d) appeals that it has decided. How do you think these three came out? [Results in first comment]. In re Elektromotive Australia Pty Ltd. , Serial No. 90025392 (July 6, 2022) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal of the mark shown below for "electric bicycles; electric motorcycles" [ELECTRIC BIKES disclaimed], in view of the registered mark STEALTH for "electronically motorized skateboards"

Designs 72
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Tips For Handling Audio Data In E-Discovery Post-Pandemic

IP Law 360

The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

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Secretary Gina Raimondo Presents Presidential Awards for Export Excellence to U.S. Businesses and Manufacturers from Across the Nation

U.S. Department of Commerce

Secretary Gina Raimondo Presents Presidential Awards for Export Excellence to U.S. Businesses and Manufacturers from Across the Nation. July 14, 2022. KCPullen@doc.gov. Thu, 07/14/2022 - 09:42. Export and investment promotion. Today, U.S. Secretary of Commerce Gina Raimondo hosted the 61 st President’s “E” and “E Star” Awards ceremony at the Herbert C.

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IP Forecast: 'Pulp Fiction' NFT Feud To Play In LA Court

IP Law 360

A federal judge in Los Angeles next week will hear lawyers for director Quentin Tarantino argue that a non-fungible token that recently sold for more than $1 million was based on his own handwritten screenplay for "Pulp Fiction" and doesn't belong to the movie studio that owns the copyright on his hit 1994 movie. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Petitioner Distances Eligibility Case from American Axle, Imploring SCOTUS to Weigh in on ‘Quasi-Enablement’ Analysis

IP Watchdog

Interactive Wearables, the petitioner in yet another patent eligibility case that the U.S. Supreme Court is being asked to review, filed a reply brief on July 11 distancing its petition from that of American Axle & Manufacturing, Inc.’s, which was denied certiorari on June 30, 2022. The brief characterizes U.S. patent eligibility doctrine as being “perilously fractured” and narrows its arguments to focus on the third question presented in its petition, since the first two were addressed, an

Patent 59
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The Biggest Trademark Rulings Of 2022: A Midyear Report

IP Law 360

In the first half of 2022, the Federal Circuit held that Coca-Cola failed to show reputational injury to justify canceling a smaller rival's trademarks on the same names of popular Coke sodas sold in India, while the Trademark Trial and Appeal Board found that a popular bamboo handbag was generic based on the fashion designer's public statements. Here's a look at the most notable trademark decisions so far this year.

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Two Fish & Richardson Principals Named 2022 “Women Worth Watching in STEM” by Profiles in Diversity Journal

Fish & Richardson Trademark & Copyright Thoughts

Principals Kelly Allenspach Del Dotto and Bailey Benedict have been named recipients of the 2022 “Women Worth Watching in STEM” award by Profiles in Diversity Journal. Recipients of the award are “high performing, purpose-driven leaders who create value for other women and the companies, organizations, and agencies behind them.”. Del Dotto’s practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology, and pharmaceutical litigation, including Hatch-Waxman litig

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California Museum Escapes Digital Art Exhibit Copyright Suit

IP Law 360

A California federal judge has booted a copyright suit lodged against the Museum of Dream Space by a Japanese art collective over experiential digital exhibitions, finding the collective did not sufficiently prove it is exempt from pre-suit registration requirements.

Art 74
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EPO decision shows AI patent rift with other jurisdictions, says DABUS project leader

IAM Magazine

Professor Ryan Abbott argues that a recently published Board of Appeal ruling reveals a very different approach to inventorship than the one adopted by countries such as the US, UK and Australia

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Starz Brought MGM Licensing Suit In Time, 9th Circ. Says

IP Law 360

Starz Entertainment wasn't too late bringing claims that an MGM unit breached their agreements by licensing to Starz's competitors films that were supposed to be exclusive to the television network, the Ninth Circuit ruled Thursday, splitting from the Second Circuit in determining how far back copyright holders can recover damages.

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Samsung uses Vidal’s new Fintiv guidance to beat back patentee at the PTAB

IAM Magazine

The Korean company successfully argued that the median-time to-trial in EDTX, where suit had been filed against it, exceeds the 18-month limit within which an IPR would be finalised

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Activision Shakes IP Battle Over Call Of Duty Elements

IP Law 360

A California federal judge has cleared Activision Blizzard and Rockstar Games of trademark and copyright infringement claims surrounding "Call of Duty: Infinite Warfare," ruling that the main character wasn't poached from an entertainment consultant's new game pitch and granting the game developers' sanctions bids.