Intellectual Property Law Blog

APRIL 13, 2023

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise. Another GAI issue that has arisen with various applications involves the right of publicity.

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Plagiarism Today

APRIL 13, 2023

UMG warns Apple and Spotify against AI scraping, Taiwanese pirate operators sentenced to prison and Lil Yachty settles NFT case. The post 3 Count: AI Scraping appeared first on Plagiarism Today.

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Plagiarism Copyright Infringement Copyright Law Music 197

Michael Geist

APRIL 13, 2023

The risks associated with the government’s online harms (or online safety) plans is not limited to Canadian Heritage’s credibility gap, which as I’ve recounted has included omitting key information in its public reports on consultations and shocking efforts to exclude contrary voices altogether. A new report, based on the government’s response to a Parliamentary Written Question from Conservative MP Dean Allison ( Sessional Paper No. 8555-441-1219) raises new concerns about efforts t

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Plagiarism Today

APRIL 13, 2023

Joe Hand Promotions has filed 26 cases with the Copyright claims Board. Here's who they are and why they likely chose the CCB. The post Meet Joe Hand Promotions: The Most Frequent CCB Filer appeared first on Plagiarism Today.

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Plagiarism Copyright Copyright Infringement Copyright Law 177

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?

Technology

TorrentFreak

APRIL 13, 2023

Last summer, the US Copyright Claims Board (CCB) officially launched. Through this Copyright Office-hosted venue, rightsholders can try to recoup alleged damages outside the federal court system. The CCB aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

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Copyright Copyright Infringement Plagiarism Copying 130

IP Watchdog

APRIL 13, 2023

By now, unless you live in a total IP blackout zone, you’ve heard about the Unitary Patent and Unified Patent Court (UPC). Your friends in Europe, particularly, have been insistent on informing you, whether you want to know or not, with daily (if not hourly) email blasts, since January of this year. But most of what they tell you misses the forest for the trees.

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IP Watchdog

APRIL 13, 2023

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal held a virtual conversation with the intellectual property (IP) press on Wednesday to coincide with a one-year anniversary Director’s blog post published today. “If last year was about listening…this is really the year where we’re trying to bring that to impact,” said Vidal. Vidal said the work she did in her first year in office was about providing clarity and sometimes learning from “unintended consequences,” but this year is going

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The IP Law Blog

APRIL 13, 2023

A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012. However, after hiring three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in a new advertisement, the NFL sent a cease-and-desist letter to Dimopoulos accusing the fir

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Likelihood of Confusion

APRIL 13, 2023

Or at least trademark logos. Context: If you’re over 50, you can probably remember when television commercials were mainly 60 seconds or 30 seconds. There were exceptions. But the premise. The post Trademarks in the age of 140 characters or less appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

APRIL 13, 2023

Certain decentralized autonomous organizations (DAOs) are currently named as defendants in different court cases. However, the patent infringement cases in which True Return asserts that MakerDAO and Compound Protocol infringe its patent have not received much media attention, despite the fact that they may have a large impact on blockchain technology adoption and participation in DAOs.

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Patent Patent Infringement Patent Law Technology 98

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.

Patent

IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. A registered trade mark is legally enforceable and gives you exclusive rights to commercially use, license or sell it for the goods and services that it is registered under.

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JD Supra Law

APRIL 13, 2023

The rapid rise in availability, use and performance of generative artificial intelligence (“AI”) over the last year is being experienced across industries. Responding to these trends, the US Copyright Office recently published policy guidance on copyright protection and registration of works created using generative AI. Overall, the guidance emphasizes the centrality of human creativity to copyright protection and reflects skepticism that material generated by current AI technologies is entitled

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The IPKat

APRIL 13, 2023

According to the EU Trade Mark regulation (EUTMR) it is possible to register multimedia trade marks, i.e. those consisting of or extending to a combination of image and sound. The case On 7 May 2019 Dutch company Chiever B.V. filed an application for registration of a multimedia trade mark consisting of a 22-second video featuring super-hero “Super Simon” going on holiday in comic book style.

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Television Advertising Advertising Registration 95

JD Supra Law

APRIL 13, 2023

Artificial intelligence (AI) is undoubtedly the hottest topic in technological innovation. The truth, however, is that conventional AI programs have long been applied as enterprise solutions for a variety of company services, including inventory management, customer-support management, search engine optimization, market research, and outbound email campaigns.

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Velocity of Content

APRIL 13, 2023

CCC is headed back to London for 2023 London Book Fair ! We look forward to meeting with clients, as well as joining the Research & Scholarly Publishing Forum on Thursday, 20 April. Taking place from 18 April to 20 April at the Olympia London, London Book Fair is the global marketplace for story creators, the hub of the publishing world , and the industry’s essential spring chapter.

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JD Supra Law

APRIL 13, 2023

With the breakthrough of ChatGPT into mainstream culture and the resulting arms race between tech giants, society is fast approaching the era where man-made machines will surpass their creators not only in memory and processing speed (which has already occurred), but in areas where humans previously owned a monopoly: artistic creativity, problem solving, and intellectual insight.

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Intellectual Property Technology 96

McKinsey Operations

APRIL 13, 2023

Japanese chemical companies have historically enjoyed strong industry performance. Building on their strengths can help determine next steps in the years to come.

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JD Supra Law

APRIL 13, 2023

Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green branding is where a company brands itself as environmentally friendly or sustainable in order to appeal to consumers.

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McKinsey Operations

APRIL 13, 2023

As value-based care gains traction, health systems are seeking to derive greater value from procurement and supply chain efforts, including by investing in initiatives to improve clinician engagement.

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Kluwer Copyright Blog

APRIL 13, 2023

Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2023 round up of EU copyright law! In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.

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Copyright Law Law Copyright Copying 78

McKinsey Operations

APRIL 13, 2023

Amid persistent complexity, bank leadership teams need to urgently revisit their approaches to credit risk management.

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Copyright Alliance

APRIL 13, 2023

Fair use and AI has been a popular topic recently given the flurry of developments to generative AI systems. As discussed in the first installation of this blog, it is […] The post How Existing Fair Use Cases Might Apply to AI appeared first on Copyright Alliance.

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Fair Use Blogging Copyright 82

Cogency Global

APRIL 13, 2023

What this is : China has acceded to the Hague Convention Abolishing the Requirement of Legalization, as of March 8, 2023. The accession will go into effect on November 7, 2023. What this means : At that time, documents destined for use in China will no longer require consular legalization. An apostille from the appropriate Secretary of State or the U.S.

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IP Watchdog

APRIL 13, 2023

On April 12, the U.S. Court of Appeals for the Federal Circuit issued a precedential ruling in Sequoia Technology, LLC v. Dell, Inc. reversing part of a District of Delaware ruling invalidating digital storage patent claims owned by Sequoia under 35 U.S.C. § 101. Although the ruling restores Sequoia’s rights to the patent claims at issue in the case, the Federal Circuit affirmed portions of the district court’s claim construction order that had supported a finding that Dell and other defendants

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Technology Patent Patent Infringement Litigation 72

Technology & Marketing Law Blog

APRIL 13, 2023

Prisoners have limited free speech rights. Among other things, their outgoing written communications are typically reviewed before sending. The Hill Correctional Center in Illinois bans prisoners from sending “coded” messages that the reviewers can’t understand. (I imagine other prisons have this policy too, but they aren’t defendants in this case).

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IP Law 360

APRIL 13, 2023

A Harvard Law School professor is among a handful of legal academics who say that the U.S. Patent and Trademark Office's refusal to issue patents to inventions developed by artificial intelligence programs will have a dire impact on medical research and "jeopardizes billions in current and future investments.

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Patent Invention Trademark Law 75

JD Supra Law

APRIL 13, 2023

The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of confidential business information, ruled that the Texas presumption of irreparable harm for breach of non-compete clauses does not always apply and that a finding of irreparable harm requires particularized findings regarding the alleged harm.

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IP Law 360

APRIL 13, 2023

Chief Federal Circuit Judge Kimberly Moore has filed a complaint alleging that her 95-year-old colleague Circuit Judge Pauline Newman is no longer fit to be on the bench, several attorneys with close access to the Federal Circuit said Thursday.

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Patently-O

APRIL 13, 2023

Guest Post by Professor Jorge L. Contreras On March 28, 2023, Reuters reported that a proposed European Parliament and Council Regulation would empower the European Union Intellectual Property Office (EUIPO) to determine “fair, reasonable and non-discriminatory” (FRAND) royalty rates for European patents that are essential to industry standards (standards-essential patents or “SEPs”), and also to assess the essentiality of SEPs to the relevant standards.

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IP Law 360

APRIL 13, 2023

Oscar-winning actress Mo'Nique has filed a lawsuit in California state court alleging that she was not properly paid for her work on the show "The Parkers," saying actors on the show haven't gotten their fair share of the series' success.

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WIPO Magazine

APRIL 13, 2023

Precious Gozwa how she came to set up IP Hub Zambia in 2017 and how she is working to unleash the huge untapped innovative and creative potential of women and girls to support business growth and economic development in Zambia.

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Intellectual Property IP Business 52

IP Law 360

APRIL 13, 2023

A California federal judge on Thursday appeared skeptical about certifying a class of content owners accusing Google and YouTube of enabling unauthorized use of copyrighted works, saying he didn't see how the plaintiffs — a Grammy-winning composer and others — could show that works were infringed on a classwide basis.

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JD Supra Law

APRIL 13, 2023

Every couple of months a new AI trend or rather hype captures the news headlines. Yesterday, it was image recognition. Today, we are discussing large language models (LLMs). Tomorrow, who knows. But let’s focus on today’s topic. Most articles about LLMs feature worries about which professions might be (the first in the line to be) replaced by tools such as ChatGPT, while other issues often fly under the radar, at least the radar of the European authorities.

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IP Law 360

APRIL 13, 2023

Patent litigation involving nonpracticing entities took a dip in the first quarter of 2023 after a shift in judge assignment practices within the Western District of Texas and increased calls for transparency in Delaware federal court, according to a recent report.

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JD Supra Law

APRIL 13, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). Commentators predict the draft will be released in late April. McDermott has had the opportunity to review the regulations and, although this is an early draft that will likely evolve, we offer the following initial observations.

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