Plagiarism Today
SEPTEMBER 6, 2023
The owners of the theme from Space Jam have filed a series of lawsuits targeting those who use the song in videos. Here's why that matters. The post Space Jam and the Future of Sync Licensing appeared first on Plagiarism Today.
Michael Geist
SEPTEMBER 6, 2023
The problems with government’s Bill C-18 draft regulations involve more than just what amounts to a 4% link tax on Google and Meta alongside little effort to ensure the resulting revenues are used to support spending on journalists and news content. As noted in previous posts, the draft regulations put an end to the claim that the Online News Act involves compensation for news creation since the standards are now simply a function of Internet platform revenues, not news production costs.
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Plagiarism Today
SEPTEMBER 6, 2023
Destiny 2 cheater settles with Bungie, Sony targets TV museum with DMCA notices and Copyright Office rejects another AI work. The post 3 Count: Destiny’s Destiny appeared first on Plagiarism Today.
Patently-O
SEPTEMBER 6, 2023
by Dennis Crouch In 2019, Sisvel began asserting its U.S. Patent Nos. 7,433,698 and 8,364,196 against cell phone makers, wireless chip suppliers, and cellular network operators. These patents claim methods and systems for exchanging frequency information between a mobile station and a mobile switching center to facilitate switching a mobile device’s connection point within a cellular network.
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
SEPTEMBER 6, 2023
The Center for Intellectual Property Understanding (CIPU) has released a report that gauges the level of intellectual property (IP) engagement at the largest U.S. university entrepreneurship and innovation (E&I) programs. The nonprofit organization found that E&I programs at U.S. universities are increasingly incorporating IP into students’ business education.
43(B)log
SEPTEMBER 6, 2023
Peña v. International Medical Devices, Inc., No. 2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. Cal. Apr. 17, 2023) Plaintiff brought the usual California statutory claims against Penuma, a penile implant/procedure, for alleged misstatements about Penuma’s safety and efficacy. Here, we deal only with the claims for injunctive relief. The Ninth Circuit has held: “[i]n some cases, the threat of future harm may be the consumer’s plausible allegations that she will be unable to rely on the product’s
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
WIPO Magazine
SEPTEMBER 6, 2023
The Green Technology Book demonstrates that there are solutions that everyone can use to tackle climate change. Find out what you can do today to help overcome these challenges.
The Illusion of More
SEPTEMBER 6, 2023
It was such a busy Summer that I never got a chance to write about the Supreme Court’s June decision in the cyberstalking case Counterman v. Colorado. The story caught my attention when legal scholar and president of Cyber Civil Rights Initiative Mary Anne Franks tweeted, “the Supreme Court has just decreed that stalking is […] The post How the Supreme Court Made Life Harder for Victims of Cyberstalking appeared first on The Illusion of More.
JD Supra Law
SEPTEMBER 6, 2023
Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US courts may address the privacy, consumer safety, and intellectual property protection concerns that have been raised by this new, and inherently evolving, technology.
IP Law 360
SEPTEMBER 6, 2023
Amazon launched a pair of lawsuits Wednesday in Seattle federal court against social media influencers, accusing the two women of using their profiles to advertise knockoff luxury brand products as part of a scheme with third-party counterfeit sellers.
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.
JD Supra Law
SEPTEMBER 6, 2023
Courtney Jackson is the CEO of Paragon Cyber Solutions, a Tampa-based cybersecurity solutions provider. If Courtney’s name sounds familiar, that may be because she was named the Global 2022 Cybersecurity Woman Entrepreneur of the Year! In addition, Courtney is a 2023 BusinessWoman of the Year honoree and a veteran of the U.S. Navy, where she was introduced to the world of cyber and IT.
IP Law 360
SEPTEMBER 6, 2023
A California federal judge ruled that Penske Media Corp.'s celebrity real estate website Dirt.com, infringed a photographer's copyrighted works, handing an early win to the photographer and nixing the media giant's affirmative defense of "fair use.
JD Supra Law
SEPTEMBER 6, 2023
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse cross-section of published articles, compelling news and stories, and original content curated and/or created by Arnall Golden Gregory LLP’s Entertainment & Sports industry team.
IP Law 360
SEPTEMBER 6, 2023
A federal judge in California is refusing to stop the founder of Planet Hollywood's new "influencer café" from using the name "Breakfast Club," writing that it's "difficult to believe" people are confusing the place with a similarly named brunch spot in Texas, and that there were "serious questions going to the merits" of any trademark case in the first place.
JD Supra Law
SEPTEMBER 6, 2023
The European Commission's ("EC") Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents COM(2023) 232 final (27 Apr 2023) (the "Proposed Regulation") was issued by the Commission as the first step in the EU's legislative process. After the release of the proposal, the Commission solicited feedback from stakeholders (those affected by the proposal like patent holders and implementers) until August 10, 2023.
IP Watchdog
SEPTEMBER 6, 2023
Months after invalidating patent claims undergirding one of the largest infringement verdicts ever entered in U.S. district court, the Patent Trial and Appeal Board (PTAB) recently received a round of briefing regarding potential sanctions against petitioner Patent Quality Assurance (PQA). Once accused by the U.S. Patent and Trademark Office (USPTO) of using the America Invents Act (AIA) process to extort money, PQA argues that its failure to respond to mandated discovery and its alleged misrepr
JD Supra Law
SEPTEMBER 6, 2023
The U.S. District Court for the District of Columbia affirmed the Copyright Office’s denial of a copyright registration for a work of art created by an artificial intelligence (AI) computer system. Plaintiff Stephen Thaler sought to register a copyright based on visual art his computer system created, and the Copyright Office denied the application based on lack of human authorship.
IP Watchdog
SEPTEMBER 6, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued an order on Tuesday denying Charter Communications Inc.’s petition for a writ of mandamus seeking to direct the district court to dismiss Entropic Communications’ patent infringement suit against it for improper venue. Entropic sued Charter in the U.S. District Court for the Eastern District of Texas, alleging patent infringement, and Charter moved to dismiss for improper venue.
Likelihood of Confusion
SEPTEMBER 6, 2023
Evan Brown reports on a case that suggest that yes, there is. Good thing, too, considering the damage one case and one determined judge can do … Originally posted 2012-10-31. The post Is there hope along the commercial speech / free speech axis? appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
SEPTEMBER 6, 2023
Recent decisions and pronouncements demonstrate that intellectual property and patent laws struggle to keep pace with the rapid development of artificial intelligence, meaning creators of AI-generated content should closely document their contributions to their work, say attorneys at Cooley.
JD Supra Law
SEPTEMBER 6, 2023
If you are like most wine brands, DTC through your tasting room, club, and website can only take you so far. Success usually means accessing the general on- and off-premise markets, and accessing those markets means working with a distributor. Finding the right distributor and negotiating the right distributor agreement is critical to the health of your wine business.
IP Law 360
SEPTEMBER 6, 2023
Artificial intelligence tools undoubtedly raise the bar for what video games can offer, but they should be introduced carefully with potential pitfalls mapped and safeguards planned, otherwise publishers and platforms could face serious regulatory risks, say attorneys at Linklaters.
JD Supra Law
SEPTEMBER 6, 2023
The Federal Circuit has vacated and remanded a Patent Trial and Appeal Board (PTAB or Board) ruling that found all claims of a Volvo Penta patent unpatentable as obvious. Volvo Penta of the Americas, LLC appealed a decision of the United States Patent and Trademark Office (USPTO) PTAB holding all claims of its US Patent 9,630,692 were unpatentable as obvious.
IP Law 360
SEPTEMBER 6, 2023
Ye, the artist formerly known as Kanye West, filed suit on Wednesday in California state court against the owner behind social media accounts accused of leaking confidential music without permission, alleging contract breach and trade secret misappropriation.
JD Supra Law
SEPTEMBER 6, 2023
Earlier this month, the USPTO announced that it intends to send a “Welcome Letter” to applicants or counsel of record who have filed new trademark applications. The letter, which should appear as shown here, will be sent either electronically or by mail along with filing receipts issued for newly filed applications. The letter includes resources and information for brand owners to learn more about the application process and the USPTO.
Kluwer Copyright Blog
SEPTEMBER 6, 2023
Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri ). Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. 22-1564 (BAH)).
The IPKat
SEPTEMBER 6, 2023
The EUIPO’s Operations Department (OD) has recently considered whether the sound of an accelerating engine noise can be registered as an EU trade mark (EUTM). The application for this sound mark was filed by Porsche. Porsche claimed protection for goods and services in Classes 9, 12, 28 and 41, including digital goods, vehicles, model vehicles, toy cars, as well as digital services.
JD Supra Law
SEPTEMBER 6, 2023
On August 31, 2023, the Patent Trial and Appeal Board published its updated Oral Hearing Guide. Changes reflected in the update include the addition of an all-virtual hearing option for AIA trials, updated information on how the public may request to view a PTAB hearing, clarification of procedures for submitting demonstratives for ex parte appeals hearings, and clarification on how parties may request pro hac vice admission.
43(B)log
SEPTEMBER 6, 2023
One case, two opinions. Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2023 WL 5206884, No. 22-cv-1681 (KMM/JFD) (D. Minn. Aug. 14, 2023) This opinion deals only with Allen’s counterclaims. Allen distributes Toyota replacement parts, manufactured by authorized suppliers around the world. According to Allen, Toyota USA “sells Toyota Parts in the United States at prices substantially higher than those charged by Toyota in other places.
JD Supra Law
SEPTEMBER 6, 2023
Patent practitioners of all stripes should take heed of the recent decision by the U.S. Federal Circuit in In re Cellect. The decision has direct implications for strategies in patent portfolio management, patent prosecution, patent litigation, and transactions involving patent assets.
WIPO Magazine
SEPTEMBER 6, 2023
In May 2023, a US court found that Ed Sheeran’s hit Thinking Out Loud did not copy Marvin Gaye’s Let’s Get It On. The crux of this case was that while parts of the two songs are similar, those parts are unprotected elements that are freely available for everyone to use.
JD Supra Law
SEPTEMBER 6, 2023
In re: Cellect, LLC, Nos. 2022-1293, -1294, -1295, -1296 (Fed. Cir. (PTAB) Aug. 28, 2023). Opinion by Lourie, joined by Dyk and Reyna. Cellect owns four patents directed to devices (such as personal digital assistant devices or phones) comprising image sensors. Cellect sued Samsung for infringement. Samsung then requested ex parte reexaminations, asserting that the patent claims were unpatentable based on obviousness-type double patenting (ODP).
WIPO Magazine
SEPTEMBER 6, 2023
New WIPO research sheds light on the standard practices that filmmakers use to obtain funding for the production and distribution films in the US, the world’s largest film industry by revenue.
JD Supra Law
SEPTEMBER 6, 2023
Statutes permitting discretionary attorney fee-shifting for prevailing defendants vary in the circumstances under which fee-shifting is permitted. Two recent cases tackling the question of why and when a lawsuit warrants shifting attorneys’ fees from a prevailing defendant to the plaintiff who brought the claim reflect some of these differences.
LexBlog IP
SEPTEMBER 6, 2023
In our previous post, we discussed how a cannabis business can take steps to avoid potential trademark infringement claims. In this release, we will discuss how a cannabis business can use trademarks for brand protection – despite the fact that federal law prohibits filing a cannabis-related trademark. Acquiring State Trademarks The most obvious (and widespread) option to protect a cannabis trademark is to obtain trademark registrations in all states where the mark is being used.
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