Kluwer Copyright Blog
FEBRUARY 2, 2023
This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. 1. Generative AI Computer-generated art reached a tipping point in 2022. Experiments with AI-generated images go back decades (such as the computer programs of Harold Cohen starting in the 1970s).
TorrentFreak
FEBRUARY 2, 2023
Russia’s invasion of Ukraine coupled with retaliatory measures and dangerous brinkmanship threatens to destabilize the entire planet. When a broad coalition of countries imposed sanctions on Russia last year, the goal was to limit Putin’s ability to wage war without resorting to war itself. Sanctions were ostensibly crafted to curtail military capability while meting out punishment to Russia’s elite.
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IP Watchdog
FEBRUARY 2, 2023
The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO).
TorrentFreak
FEBRUARY 2, 2023
When the federal government shut down pirate IPTV services owned by Pennsylvania and New Jersey man, Bill Omar Carrasquillo in November 2019, it became one of the most high-profile anti-piracy operations ever conducted in the United States. Under handles including “Omi in a Hellcat” and “Targetin1080p” Carrasquillo publicized almost everything he did on social media, from selling pirate subscriptions and devices, to banking the mountains of cash he undoubtedly made from t
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
FEBRUARY 2, 2023
Yesterday, February 1, was the deadline for submissions to the U.S. Patent and Trademark Office (USPTO) on its call for responses to a number of questions purportedly aimed at making U.S. patents more “robust and reliable.” But many commenters have weighed in to question why the Office is relying on data driven by advocacy groups to explore potentially major adjustments to the U.S. patent system when, as the expert agency on patents, it has not yet undertaken a data-driven study itself to confir
IPilogue
FEBRUARY 2, 2023
Mona Karimi is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. If you’re a fan of Hip-Hop music, you might just find your favourite artist fighting to protect themselves from their own lyrics. Jay-Z, Meek Mill, Big Sean, others have joined forces to openly endorse the Rap Music on Trial Bill.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
FEBRUARY 2, 2023
The assumption that artists love credit is challenged when an artist appears to repudiate their authorship. Sometimes repudiation arises from personal animus while in other instances an artist might feel that their work is no longer “up to snuff.”.
IP Law 360
FEBRUARY 2, 2023
MGA Entertainment indicated Thursday it will seek to introduce vulgar rap lyrics and allegations of criminal behavior connected to hip-hop moguls T.I. and Tameka "Tiny" Harris in a May retrial of their intellectual property battle over a line of popular dolls, a strategy the Harrises say is racist.
JD Supra Law
FEBRUARY 2, 2023
ChatGPT is a large language model developed by OpenAI. It is based on the transformer architecture and trained on a massive dataset of text from the Internet. It has the ability to generate human-like text and can be used for a variety of natural language processing tasks such as language translation, question answering, and text completion. It is first pre-trained on a large corpus of general text and can be fine-tuned for specific tasks or domains.
The IP Law Blog
FEBRUARY 2, 2023
Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements.
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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.
azrights
FEBRUARY 2, 2023
Intellectual Property (IP) is part and parcel of business, yet it abounds with misconceptions. For example, it’s not generally appreciated that protecting IP starts by understanding how to choose effective names, address questions of brand architecture, such as after a merger, as well as to know how the various IP rights protect key aspects of products and services.
JD Supra Law
FEBRUARY 2, 2023
Over the last few years, there has been increasing debate surrounding the appropriate trademark classification for digital assets. The most recent edition of the Nice Classification (the 12th Edition), which took effect on January 1, 2023, provides certain important clarifications to this growing area.
Velocity of Content
FEBRUARY 2, 2023
In early December, CCC hosted “ Workflow of the Future: Standards & Sustainability ” a webcast where a panel of industry experts discussed sustainability challenges in trying to reduce our impact on the environment and in managing the effects of the changing environment itself. The first post in this series featured Holly Elwood, Senior Advisor for the EPA’s Environmentally Preferable Purchasing Program , which helps federal agencies factor the environment into purchasing decisions.
JD Supra Law
FEBRUARY 2, 2023
We are committed to providing insightful commentary on IP developments from around the world to our Japanese clients. In light of that effort, we are continuing our free monthly webinar series, McDermott IP Focus. During these sessions, we will explore global developments in IP including disputes, transactions, and procurement, with a significant focus on what Japanese companies need to know during this ever-changing business landscape.
McKinsey Operations
FEBRUARY 2, 2023
Consumer-facing organizations in Australia can overcome declining consumer sentiment by investing in their loyalty programs.
JD Supra Law
FEBRUARY 2, 2023
Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another powerful form of IP protection in California known as “negative trade secrets,” which are intended to protect a company’s secret know-how gained from extensive research investment about what does not work.
IP and Legal Filings
FEBRUARY 2, 2023
Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. Following this development, MeitY released a draught modification (Proposed Amendment) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Rules 2021) on January 2, 2023, expanding the scope of the IT Rules 2021 to include intermediaries for online gambling.
McKinsey Operations
FEBRUARY 2, 2023
The region’s mass-affluent and affluent segments are growing fast, and their demand for wealth management is evolving. Successful strategies will use digital and AI to access—and win—this market opportunity.
U.S. Department of Commerce
FEBRUARY 2, 2023
Black History Month: A Career of Firsts for a Diversity-Minded CFO February 2, 2023 KCPullen@doc.gov Thu, 02/02/2023 - 11:37 By George E. Jenkins, Chief Financial Officer for the National Institute of Standards and Technology (NIST) I grew up on a plantation in Savannah, Georgia, in the deeply segregated South. My grandfather and father were butlers and field hands, and my mother was a maid.
McKinsey Operations
FEBRUARY 2, 2023
Inflation destroys value across almost every industry. When high inflation is persistent, companies that merely maintain the same margins and returns are likely to destroy value.
The TTABlog
FEBRUARY 2, 2023
The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re Garden Artisans LLC , Serial No. 88705122 (January 24, 2023) [not precedential] (Opinion by Christopher Larkin). [Mere descriptiveness refusal of GARDEN ARTISANS for, inter alia , bird baths, metal arbors, ceramic figures, and works of art made of glass.
IP Law 360
FEBRUARY 2, 2023
An Ohio startup has appealed a federal judge's decision to zero out an $18.3 million jury verdict it obtained against TransUnion for allegedly holding its source code hostage after ending a business agreement.
JD Supra Law
FEBRUARY 2, 2023
Director Vidal’s sua sponte Director Review decision of Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) was recently designated as precedential. The decision dealt an immediate setback for Apple and will likely have a long-term effect on inter partes review (IPR) procedures.
IP Law 360
FEBRUARY 2, 2023
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
JD Supra Law
FEBRUARY 2, 2023
Case Name: Arius Two, Inc. v. Alvogen PB Rsch. & Dev. LLC, No. 2022-1394, 2022 WL 17828352 (Fed. Cir. Dec. 21, 2022) (Circuit Judges Chen, Clevenger, and Cunningham presiding; Opinion by Chen, J.) (Appeal from D. Del., Connolly, J.).
IP Law 360
FEBRUARY 2, 2023
Media conglomerate Disney urged the U.S. Supreme Court on Thursday not to take up its trademark dispute with a stuffed-animal manufacturer over the "Toy Story 3" character Lotso, arguing the Ninth Circuit didn't overexpand trademark protection and misuse a 1989 test regarding free speech.
Dragons' Den
FEBRUARY 2, 2023
A real mixed bag in tonight’s episode. From van alarms to fashion, bag pipes to apps – it just goes to show that IP affects every area of business. However, there was one thing the entrepreneurs had in common.they were seeking that all important investment from the Dragons. “You just mentioned IP” First up in the Den, we had entrepreneur and inventor Michael Horsfall, asking for 45k in exchange for 10% of his Van Guardian business.
IP Law 360
FEBRUARY 2, 2023
The U.S. International Trade Commission's chief administrative law judge has found that a variety of companies importing vaping cartridges don't infringe a trio of patents.
IAM Magazine
FEBRUARY 2, 2023
After discovering an infringement, the best way for patent owners to enforce their rights in China is to file a civil lawsuit before a court, requesting cessation of the infringement and compensation for economic losses.
LexBlog IP
FEBRUARY 2, 2023
In Mosaic Brands, Inc. v. Ridge Wallet LLC , No. 22-1001, 1002 (Fed. Cir. Dec. 20, 2022), the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed-in-part, reversed-in-part, and vacated-in-part a district court decision in a dispute between the parties related to money-clip wallets. Mosaic asserted that Ridge infringed its U.S.
IP Law 360
FEBRUARY 2, 2023
O'Melveny & Myers LLP has added an intellectual property trial lawyer who led the biotechnology and pharmaceutical practice group at Finnegan Henderson Farabow Garrett & Dunner LLP, the firm said Wednesday.
LexBlog IP
FEBRUARY 2, 2023
Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements.
JD Supra Law
FEBRUARY 2, 2023
The Trademark Trial & Appeal Board (Board) designated as precedential a decision denying a motion to amend and granting partial summary judgment based on a mistaken identification that did not match the goods sold using the trademark. Fender Musical Instruments Corporation v. Win-D-Fender, LLC, Opp. No. 91272326 (TTAB Sept. 22, 2022) (designated precedential Jan. 12, 2023) (Wolfson, Heasley, Cogins, ATJs) (By the Board).
LexBlog IP
FEBRUARY 2, 2023
On January 5, 2023, the Federal Trade Commission (FTC) took a dramatic step by proposing a new rule that would prohibit companies from entering into non-compete agreements with its workers. The proposed rule, if approved, takes sweeping action to prohibit employers from entering into non-compete agreements with both employees and independent contractors.
JD Supra Law
FEBRUARY 2, 2023
Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that governs design patents in LKQ Corp., Keystone Auto. Indus., Inc., v. GM Global Tech. Operations LLC.
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