Hugh Stephens Blog
MAY 18, 2023
Just days after Canada’s controversial Online Streaming Act (aka Bill C-11) finally cleared Parliament and was proclaimed law, the CRTC (Canadian Radio-television and Telecommunication Commission), the regulatory body empowered to implement the widespread changes to the Broadcasting Act encompassed by C-11, seized the initiative.
Plagiarism Today
MAY 18, 2023
The Supreme Court has handed down its decision in the Andy Warhol case. Here's what it says and what it means for fair use moving forward. The post How the Warhol Ruling Could Change Fair Use appeared first on Plagiarism Today.
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Michael Geist
MAY 18, 2023
The CRTC last week released the first three of at least nine planned consultations on the implementation of Bill C-11 (I was out of the country teaching an intensive course so playing catch-up right now). The consultations focus on the broad structure of the regulatory framework , registration requirements , and transitions from the current system of exemptions to one of regulations.
Plagiarism Today
MAY 18, 2023
Supreme Court rules on Warhol case, judge in Luchasaurus case denies motion to dismiss, and Dark and Darker may be returning. The post 3 Count: Bright and Brighter appeared first on Plagiarism Today.
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?
TorrentFreak
MAY 18, 2023
Just three short months ago, Spanish pirate site users were still coming to terms with bad news. Private torrent sites Pixelados/HD-Spain were fan favorites in Spain, with localized HD movies and TV shows in plentiful supply. Then suddenly, they were gone. It was later revealed that pressure applied by the Alliance for Creativity and Entertainment, which included a credible threat of legal action, persuaded the sites’ operator to throw in the towel.
IP Watchdog
MAY 18, 2023
The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et. al. that the U.S. Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. Justices Gorsuch and Jackson authored a concurrence, while Justice Kagan, joined by Chief Justice Roberts, filed a 35-page dissent from Justice Sotoma
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
MAY 18, 2023
Image from here To mark the occasion of World IP Day on 26 th April 2023, the Delhi High Court’s IP Division (IPD) released its annual report for 2022-23, detailing the progress made by it in the past 1 year. Released after a few months from the date of IPD’s 1 st anniversary i.e. 28 th February 2023, the report is full of interesting comments from the Judges of the IPD and the members of the IP Bar and has a dedicated chapter summarizing the key IP decisions passed by the court in the past year
JD Supra Law
MAY 18, 2023
As the use of artificial intelligence (AI) to generate new works has expanded rapidly, the U.S. Copyright Office has sought to keep pace by issuing guidance on the application of copyright law to such works. On April 20, 2023, the Copyright Office published a letter (the MLC Letter) sent to the CEO of the Mechanical Licensing Collective (MLC) containing guidance on how the MLC should handle royalty distributions for musical works created through the use of generative AI.
Chicago-Kent Intellectual Property Journal Blog
MAY 18, 2023
Written by Liberty Smith When we were children, having “too much of a good thing” may have seemed like an illogical warning aimed solely at restricting quantities of dessert. As adults, however, the wisdom of this aphorism unfolds once we arrive at the unfortunate conclusion that many widely held human … The post A Genetically Modified Garden of Eden: The Role Patents Play in U.S.
JD Supra Law
MAY 18, 2023
In a recent appeal from the PTAB, the Federal Circuit held that claims of a patent were inherently anticipated where the patent and prior art incorporated the same reference to describe a process for making the claimed composition of particles, and that process was responsible for determining the morphology of the claimed particles.
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The IPKat
MAY 18, 2023
On 16 May 2023, the Presidium of the Unified Patent Court issued its decision that, as from 1 June 2023: actions pending before the central division related to patents in IPC section (A) “human necessities” shall be assigned to the seat in Paris actions related to patents in IPC section (C) “chemistry” and “metallurgy” shall be assigned to the section in Munich.
JD Supra Law
MAY 18, 2023
Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person's name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of "training data"— videos, images, and soundbites—to create "deepfake" renderings of persona in a way that feels real.
IP Watchdog
MAY 18, 2023
Earlier today, the United States Supreme Court issued its decision in Amgen, Inc. v. Sanofi et al. The Court held, as many feared they would, that the 26 antibody examples and detailed instructions for generating additional antibodies within the genus—which covered some 400 pages and included a CD Rom of the x-ray crystallography coordinates of Amgen’s “anchor” (or lead) antibodies 21B12 (Repatha) and 31H4—was insufficient to satisfy the enablement requirement.
JD Supra Law
MAY 18, 2023
Most systems do not protect sensitive information used in prompts, and users bear most of the risk of using generative AI systems and outputs. Generative AI systems use the information provided in prompts — along with the data that the systems were trained on — to create outputs.
Velocity of Content
MAY 18, 2023
Most information professionals within organizations expect to be working in a group with other info pros and librarians. I recently spoke with one information scientist at an international pharmaceutical firm who leads a team of information professionals who reside within a data science group. As he explained, “there are five groups within the data science organization, and we all exist within the research arm of the company.
JD Supra Law
MAY 18, 2023
The US Patent and Trademark Office announced a notice of proposed rulemaking on May 16 that would create a separate design patent bar. The proposed changes would effectively expand the admission criteria for those who practice in design patent cases before the USPTO.
The TTABlog
MAY 18, 2023
A TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time by just looking at the involved goods and services and the marks. Maybe he or she was referring to ex parte cases only. Anyway, let's see how you do with the three oppositions summarized below. At least one of them was dismissed. Answer(s) in the first comment.
JD Supra Law
MAY 18, 2023
I have worked on a large number of intellectual property theft and trade secret theft cases (typically referred to as IP theft cases), where employees have stolen confidential data from their employers. Often this is for potential future use – particularly when leaving to join a competitor, or looking to set up their own company in competition.
Cogency Global
MAY 18, 2023
What this is: Refer to this guide to help you determine whether using the Unified Registration Statement (URS) is right for your nonprofit. What this means: The URS is still a very useful, time-saving tool when registering or renewing to solicit. However, for charities new to the filing requirements, use of the URS will likely lead to possible late fees and multiple state rejections.
IP and Legal Filings
MAY 18, 2023
Introduction The Plaintiff asserted that its hipster whiskey bottle design, which was inspired by the shape of a smartphone and intended to fit into a hip pocket, was novel due to its rectangular shape, smooth rounded shoulders, V-shaped neck, rimmed rounded cap, and dimpled bottom. It argued that these design features were distinctive and visually impactful.
IP Watchdog
MAY 18, 2023
Real estate data firm CoStar and real estate digital marketplace CREXi are currently engaged in a high-profile intellectual property fight. Costar, which runs Apartments.com, alleges that CREXi is violating the Digital Millennium Copyright Act (DMCA) by using its images on Crexi.com without regard to its terms of service. The company has gone so far as to say that "CREXi is attempting to build its own online commercial real estate marketplace and auction platform by free-riding on CoStar's billi
IP Law 360
MAY 18, 2023
The U.S. Supreme Court on Thursday held that a patent covering a class of processes must provide enough information allowing people to replicate the full scope of the invention, providing a win for Sanofi and Regeneron Pharmaceuticals in a dispute over antibody patents.
Copyright Alliance
MAY 18, 2023
This week we’d like to introduce you to singer/songwriter and actress Alexz Johnson. Alexz is currently on her 2023 tour, and last month, she released her much-anticipated fifth studio album titled […] The post Creator Spotlight with Singer/Songwriter and Actress Alexz Johnson appeared first on Copyright Alliance.
IP Law 360
MAY 18, 2023
Two U.S. House of Representatives members on Thursday introduced for the third time a bill that aims to restrict the ability of patent licensing companies to file suits at the U.S. International Trade Commission, saying the legislation would help protect American businesses.
IP Tech Blog
MAY 18, 2023
In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software. Because defendant World Programming Limited (“WPL”) had shown that some elements of plaintiff SAS Institute’s (“SAS”) software were not copyrightable, Judge Gilstrap found that SAS bore the burden of pointing to specific protectable elements that
IP Law 360
MAY 18, 2023
A toy designer for MGA Entertainment testified Thursday in an intellectual property dispute between rapper T.I. and the company, speaking exuberantly for hours about the dolls at the center of the case before breaking down in tears as she denied stealing the idea.
LexBlog IP
MAY 18, 2023
The question presented to the U.S. Supreme Court in the copyright infringement case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, was whether the Andy Warhol Foundation for the Visual Arts, Inc. (AWF)’s decision to license one of Warhol’s Prince Series images—a set of silkscreen prints authored by Andy Warhol and derived from Lynn Goldsmith’s photograph of the singer-songwriter, Prince—constituted “fair use.” Justice Sotomayor, writing
IP Law 360
MAY 18, 2023
Though a California federal court recently ruled that alleged copycats had infringed Yuga Lab’s trademark of its Bored Ape Yacht Club non-fungible token collection, the defendants' arguments illustrate why NFT creators must carefully consider their intellectual property licensing terms before selling virtual products on the blockchain, says Kevin Pasquinelli at Robins Kaplan.
LexBlog IP
MAY 18, 2023
Interesting Patents | A Leap Into the Future: Understanding Neuralink’s Pioneering Implantable Device by Founders Legal Interesting Patents | Thursday, May 18, 2023 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.
IP Law 360
MAY 18, 2023
Heirs of artist Thomas Hart Benton launched their trust-mismanagement lawsuit against UMB Bank with a media campaign that included false claims the bank's legal team had put to bed over years of discussions, and some the bank had never even heard before, an in-house lawyer testified Thursday in a Missouri court.
LexBlog IP
MAY 18, 2023
A director of a company has both a common law and statutory right to access all “financial records” “at all reasonable times” in order to discharge their fiduciary duties. The law is clear the right is absolute and unequivocal. The statutory rights of a director to access financial records are contained in the following sections [.
IP Law 360
MAY 18, 2023
The U.S. Supreme Court may have issued a narrow ruling to reject a fair use defense by the Andy Warhol Foundation over the artist's portrait of music icon Prince, but the decision may nonetheless make it trickier for artists who want to claim fair use, especially based on their artistic changes in earlier works, experts say.
LexBlog IP
MAY 18, 2023
Earlier this month, a new Drake and Weekend collaboration disrupted the Internet. The only problem was it wasn’t a Drake and Weekend collaboration after all. The song “Heart on My Sleeve” was written and produced by TikTok user ghostwriter977. The vocals for “Heart on My Sleeve” were generated by artificial intelligence and made to sound like Drake and The Weekend.
JD Supra Law
MAY 18, 2023
The Federal Circuit passed on Pure Hemp’s ask for attorney fees and sanctions in United Cannabis, Corp. v. Pure Hemp Collective Inc., No. 22-1363 (Fed. Cir. May 8, 2023). Agreeing with the district court, the appellate panel found Pure Hemp’s exceptionality arguments lacking (even referring to Pure Hemp’s appeal as “extremely weak”) and affirmed the district court’s denial of Pure Hemp’s motion for attorney fees.
LexBlog IP
MAY 18, 2023
Recently, Seyfarth Partner Jesse Coleman had the opportunity to present an American Intellectual Property Law Association (“AIPLA”) webinar titled “Working with Experts and Recent Developments in Trade Secrets Damages.” Together with Brent Bersin of FTI Consulting and Attorneys Lawrence Pockers and Jennifer Kenedy, the webinar shed light on the intricacies of trade secrets damages and provided valuable insights into the evolving landscape of this critical area of trade se
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