Plagiarism Today
NOVEMBER 30, 2023
One year after the launch of ChatGPT, a question lingers: Is there an ethical way to use AI writing? If so, what steps does one need to take? The post Is There an Ethical Way to Use AI Writing? appeared first on Plagiarism Today.
IP Watchdog
NOVEMBER 30, 2023
Recently, Wen Xie argued on IPWatchdog that the U.S. Copyright Office (USCO) and the U.S. Patent and Trademark Office (USPTO) have reached different conclusions regarding “the creative and conceiving capabilities of machines,” which leads to intellectual property (IP) law being self-contradictory. According to Xie, the USCO presumes that artificial intelligence (AI) is creative, while the USPTO does not reach a similar conclusion regarding AI inventorship.
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Plagiarism Today
NOVEMBER 30, 2023
Disney wins dismissal of Ad Astra case, Chinese court says AI works can be copyright protected, and Operation 404 shutters 600+ pirate sites. The post 3 Count: Ad Astra appeared first on Plagiarism Today.
Hugh Stephens Blog
NOVEMBER 30, 2023
Used with permission November 30 is the “day of action” for Canadian writers and publishers.
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 IP Law Blog
NOVEMBER 30, 2023
The Delaware District Court’s Ruling on cross-motions for summary judgment in the case of Thomson Reuters v. Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense.
Copyright Alliance
NOVEMBER 30, 2023
As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
NOVEMBER 30, 2023
An Illinois Christian college in a new complaint has accused a Washington-based Christian nonprofit of infringing its "Shine" trademark to launch a rival radio station, asking a Washington federal court to block the unauthorized use of its mark.
The IPKat
NOVEMBER 30, 2023
The GUIs at issue in THJ What does originality in copyright law mean? This is an evergreen – yet still vexed – question. Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). As readers with a penchant for the case law of the Court of Justice of the European Union (CJEU) on originality will promptly recall, the treatment of GUIs under the InfoSoc Directive
IP Law 360
NOVEMBER 30, 2023
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.
TorrentFreak
NOVEMBER 30, 2023
Much like regular websites operated by governments, companies, organizations, and the general public, most internet-based piracy services can be accessed using a domain name. From a user’s perspective, domain names are more easily remembered than IP addresses and remain the same despite IP address changes behind the scenes. Domain names also play an important role in conveying branding and as a result can be worth considerable sums of money.
Advertiser: IPO
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.
Cogency Global
NOVEMBER 30, 2023
What this is : When drafting legal agreements, there is a series of building blocks in each section with the necessary components to translate into legally effective provisions. What this means : If not done well, parties may lose the negotiated or intended advantage of an agreement term or provision. This is also true when it comes to defining the role of an independent director or manager.
U.S. Department of Commerce
NOVEMBER 30, 2023
Celebrating National Native American Heritage Month November 30, 2023 ASowah@doc.gov Thu, 11/30/2023 - 13:06 By Charlie Mark, Intern, Office of Public Affairs In honor of National Native American Heritage Month, I recently attended a presentation by motivational speaker Milton Hunt, a member of the Native American Lumbee Tribe. Hunt first thanked the Department of Commerce for recognizing and celebrating Native Americans.
JD Supra Law
NOVEMBER 30, 2023
In the latest skirmish between Sarah Silverman and other authors against Chat GPT-maker OpenAI, OpenAI submitted a new decision from a California federal court in support of its attempt to dismiss the Silverman plaintiffs’ claims. According to OpenAI, that other court rejected theories and claims that are nearly identical to Silverman’s claims against OpenAI.
SpicyIP
NOVEMBER 30, 2023
Image from here. The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. One issue that regularly pops up is the clash between filing timelines, and clinical trial data necessary to prove ‘enhanced efficacy’, as required to get by the Section 3(d) barrier. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.
JD Supra Law
NOVEMBER 30, 2023
Thank you for reading the November 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the USPTO's recently published alert reminding filers and practitioners of its Code of Conduct when working with the Office, and provide a fun update on the creative ways the NFL protects its trademark rights. In This Issue: - (Not so) Common Courtesy: Code of Conduct Reminder Alert for Communicating with USPTO Personnel - Recent Updates on the NFL and Intellectual.
SpicyIP
NOVEMBER 30, 2023
Image from here Adding another layer of spice to the Basmati rice IP dispute between India and Pakistan, recently the Delhi High Court dismissed the 15 years old suit ( pdf ) against the export of Basmati rice by India, for non-prosecution from the plaintiff since 2020. As a quick background, this suit was filed seeking an injunction against the Govt. of India’s notification permitting export of “evolved” Basmati Rice under the mark “Super Basmati”.
JD Supra Law
NOVEMBER 30, 2023
The Delaware District Court’s Ruling on cross-motions for summary judgment in the case of Thomson Reuters v. Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense.
IP Law 360
NOVEMBER 30, 2023
A Chicago auto parts company shot back at arguments from major players in the automotive industry over how design patents should be litigated in the courts, teeing up its argument early next year in front of the full Federal Circuit that "designers do solve problems.
JD Supra Law
NOVEMBER 30, 2023
Litigation over standard-essential patents, or SEPs, can be a cyclical phenomenon, where litigation follows a generational change in technology. We saw it with 3G and 4G technology, where each generational change led to a flurry of litigation focused on smartphones. Now, many assume that 5G litigation is poised to follow, but so far the volume of 5G-related litigation has not followed the trends seen for previous generations.
The TTABlog
NOVEMBER 30, 2023
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of December 2023, all held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. December 5, 2023 - 2 PM: Omegle.com, LLC v. Bad Kittty's Dad, LDA , Oppositions Nos. 91249511 and Cancellation No. 92072561 [Section 2(d) challenges to registration of the mark OMETV for, inter alia , internet video chat rooms, in view of opposer's registered mark
JD Supra Law
NOVEMBER 30, 2023
The EU AI Act is a far-reaching comprehensive set of rules and regulations for AI systems seemingly modeled after the EU’s influential privacy legislation GDPR. The EU seemingly intends to take the lead again in the realm of AI and has substantially completed work on the sweeping AI Act.
The IPKat
NOVEMBER 30, 2023
If you've been sleeping on the IP news from the past week , it's time to rise and shine! Here's the summary of what you missed. Patents Looks like it'll be a while before Bumpkin gets up-to-date with the IP news. © Madi Hapi Annsley Merelle Ward informed readers of the latest commitment from the EPO to accelerate opposition proceedings when informed of both infringement actions and revocation proceedings pending before the Unified Patent Court (UPC) or a national court/authority of a member stat
JD Supra Law
NOVEMBER 30, 2023
The U.S. District Court for the District of Kansas granted in part a plaintiff’s emergency motion for expedited discovery to allow forensic imaging of the defendant’s employees’ laptops to search for evidence of trade secret misappropriation, but denied the plaintiff’s request to image the employees’ cell phones, finding it overly broad, unduly burdensome, and unduly intrusive.
The IPKat
NOVEMBER 30, 2023
The IPKat has received and is pleased to host the following guest contribution by Katfriends by Javohir Kurbonov and Khalil Jurayev (both Prolegals Law Firm) on some recent developments in the trademark law of Uzbekistan. Here's what they write: Harmonization of Uzbekistan’s legislation with international treaties. What does it offer for holders of well-known (famous) trademarks?
JD Supra Law
NOVEMBER 30, 2023
In every court case, a Plaintiff is required to establish that they are the "real party in interest" that suffered a "discrete and concrete injury." In a copyright case, this can get complicated with all the photo agency companies out there that seek to obtain "exclusive rights" from a photographer, designer or artist via a written agreement alleging to transfer certain rights.
Patently-O
NOVEMBER 30, 2023
by Dennis Crouch The chart above presents the powerful trend in the use of Jepson claim language in US patents over the years. It shows a clear decline in the percentage of patents that include Jepson claim language from 1980 to the present. In the early 1980s, around 8% of patents included at least one claim in Jepson format. That figure has steadily decreased over the decades, falling to near 0% in recent years.
JD Supra Law
NOVEMBER 30, 2023
On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning the application of the federal Defend Trade Secrets Act (“DTSA”) to trade secrets taken abroad. Thus, it is poised to be the first U.S. Court of Appeals to substantively address the extraterritorial reach of the DTSA in civil actions, and private litigants should pay close attention to the outcome.
IP Watchdog
NOVEMBER 30, 2023
Today, the Center for Intellectual Property Understanding (CIPU) released the results of a survey on viewpoints within the intellectual property (IP) community about acceptable behaviors surrounding IP rights, as well as guiding IP principles for business and consumers. Responses from inventors, attorneys and consultants across the IP sector revealed a significant disparity in beliefs on how IP protections impact sharing and the effects of IP infringement, though most agreed that IP has positive
JD Supra Law
NOVEMBER 30, 2023
The U.S. Patent and Trademark Office (USPTO) seeks input on how the World Intellectual Property Organization should best protect genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions (TCEs) of Indigenous People, including whether such should be considered “public domain” or should receive grants or acknowledgments of exclusive rights or protections.
Nelligan Law
NOVEMBER 30, 2023
Reading Time: 2 minutes The quick answer: it depends on what your contract or stock option plan states during the reasonable notice period (after termination). What are stock options? Stock options are a form of equity compensation given to employees who purchase stock in the employer’s corporation at a particular price set some time in the future. Stock options are generally a right to be vested to the employee, rather than an employer obligation.
JD Supra Law
NOVEMBER 30, 2023
In what may be an unfortunate sign of the times, the U.S. Patent and Trademark Office (USPTO) has recently been dealing with increasingly abusive behavior directed toward its personnel. In response, in October, the USPTO posted a detailed alert reminding those communicating with the Office of the (completely reasonable) expected Code of Conduct, and formalizing the 20+ year rule that those communicating with the Office must treat Office personnel with respect and professionalism.
Technology & Marketing Law Blog
NOVEMBER 30, 2023
This case involves two “hard money lending” competitors, Source Capital and Barrett. Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Source Capital alleges that no copyright violation took place at all. Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the hi
JD Supra Law
NOVEMBER 30, 2023
Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov. 8, 2023). Here, the U.S. District Court for the District of Arizona affirmed these principles by determining that the Defendants' initial….
WIPO Magazine
NOVEMBER 30, 2023
A self-confessed “movie maniac,” Peruvian author and filmmaker Rosanna Díaz Costa talks about her passion for literature and film and what it took to bring the movie adaptation of the Peruvian classic, A World for Julius, to the big screen.
JD Supra Law
NOVEMBER 30, 2023
Purdue Pharma L.P., et al. v. Collegium Pharmaceutical, Inc., et al., No. 2022-1482 (Fed. Cir. (PTAB) Nov. 21, 2023). Opinion by Dyk, joined by Hughes and Stoll. Purdue owns a patent directed to preventing the abuse of opioid analgesics by including aversive agents in the dosage form. Purdue sued Collegium for infringement. Collegium then petitioned the Patent Trial and Appeal Board for PGR, which the Board instituted.
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