Wed.Mar 22, 2023

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Can Adobe and Nvidia Fix AI’s Copyright Woes?

Plagiarism Today

Adobe and Nvidia both announced new image-generating AIs. However, they are setting their offerings apart with one thing: Proper licenses. The post Can Adobe and Nvidia Fix AI’s Copyright Woes? appeared first on Plagiarism Today.

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3 Things to Do When Rebranding

Erik K Pelton

Whether by choice or by necessity, there are several important tips to keep in mind when rebranding. Erik Shares those tips—and why they are important—in this podcast. The post 3 Things to Do When Rebranding appeared first on Erik M Pelton & Associates, PLLC. Whether by choice or by necessity, there are several important tips to keep in mind when rebranding.

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3 Count: Closing Circles

Plagiarism Today

Post Malone reaches last-minute settlement in Circles case, Rwandan author sues publisher and Adobe & Nvidia release new AIs. The post 3 Count: Closing Circles appeared first on Plagiarism Today.

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“Cacio Romano” does not infringe PDO “Pecorino Romano”, says Italian Supreme Court

The IPKat

With this Kat’s feed being flooded with the news of the ruling in “Pecorino Romano” v. “Cacio Romano”, she could not help but dive into the judgment herself. The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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FTC Punishes BetterHelp for Sharing Mental Health Information with Advertisers

IPilogue

Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School BetterHelp is a mental health platform that provides online mental health services, describing themselves as “the largest therapy platform in the world. We change the way people approach their mental health and help them tackle life’s challenges by providing accessible and affordable care.

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30% discount code on IPKat book now available

The IPKat

Time flies when you are having. (IP) fun! Indeed, as previously announced , in June The IPKat will turn 20. To mark this milestone, we are doing two things. First, we are organizing a big event on 8 June , both online and in London. If you are planning to attend in person in London, hurry up because we only have 5 tickets left! Second, Kats Eleonora Rosati and Hayleigh Bosher have put together an edited collection, which brings together several current and past IPKat Team Members, as well as emi

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Copyright Claims Board (CCB) Opt-Outs – How’s That Going? (Guest Blog Post–Part 1 of 3)

Technology & Marketing Law Blog

by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the first of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes.] CCB respondents may opt out of a proceeding within 60 days of service. This was a big question for people — why wouldn’t a respondent opt out? Could a system that is voluntary even work?

Blogging 101
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BREIN Won’t Take Piracy Warning Dispute to The Supreme Court

TorrentFreak

Dutch anti-piracy group BREIN has been at the forefront of the anti-piracy battle since the turn of the millennium. For most of this period, unauthorized sharing via BitTorrent has been a prime concern. Traditionally, BREIN focused its enforcement efforts on website operators, but in recent years there’s been a shift to uploaders as well. In late 2020, the anti-piracy group announced an elaborate program to monitor and warn some of the most active BitTorrent uploaders.

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U.S. Copyright Office Provides Guidance on Registrations involving AI-Generated Works

JD Supra Law

White & Case Tech Newsflash As we recently discussed, the rapid pace of development and adoption of artificial intelligence ("AI") technology, especially generative AI, has led to numerous questions for intellectual property law.

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Broke? Woke! Totally bespoke

Likelihood of Confusion

Blacks are so oppressed that every corporation must issue its own hostage video. [link] — Jared A. Chambers ?? (@C4CEO) June 6, 2020 Samples tweets involving the most “privileged” brands. The post Broke? Woke! Totally bespoke appeared first on LIKELIHOOD OF CONFUSION™.

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IPO Diversity in Innovation Toolkit

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.

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Copyright Office Stakes Out Position on Registration of AI-Generated Works

JD Supra Law

There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21, 2023, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI tool Midjourney.

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Anti-Piracy DNS Poisoning Blacks Out Media Group, ISP Refuses to Comment

TorrentFreak

In a world where clear and independent reporting struggles to get heard in a sea of sensationalized clickbait, the German Heise group is generally recognized as a reliable and accurate news source. For several days last week, an unknown number of visitors to heise.de were denied access to the company’s reporting. Instead, they found themselves redirected to Germany’s anti-piracy website blocking portal and statements that had no basis in fact.

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Federal Circuit Patent Watch: Motivation to combine in IPRs, ambiguous non-infringement stipulations, and more

JD Supra Law

Precedential Federal Circuit Opinions - 1. INTEL CORPORATION v. PACT XPP SCHWEIZ AG [OPINION] (2022-1037, 3/13/23) (Newman, Prost, Hughes) - Prost, J. Reversed and remanded in favor of petitioner Intel because the Board’s final written decision against petitioner lacked substantial evidence to support its findings regarding the prior art.

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Women’s History Month: Advancing Women’s Economic Empowerment at Home and Abroad

U.S. Department of Commerce

Women’s History Month: Advancing Women’s Economic Empowerment at Home and Abroad March 22, 2023 KCPullen@doc.gov Wed, 03/22/2023 - 11:44 By Nicolette Mena, International Program Specialist, Commercial Law Development Program (CLDP) My name is Nicolette Mena, and I am an International Program Specialist at the Commerce Department’s Commercial Law Development Program (CLDP).

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COHIBA v. COHIBA: TTAB orders cancellation of trademark registration after a decades-long dispute

JD Supra Law

In what may be the longest running trademark dispute in the United States, the U.S. Trademark Trial and Appeal Board (“TTAB”) in December 2022 ordered the cancellation of the COHIBA and COHIBA (stylized) registrations owned by General Cigar Co. Inc. (“General Cigar”), based on Article 8 of the Pan American Convention. However, the battle is far from over.

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Abitron v. Hetronic: Extraterritorial Application of U.S. Trademark Law

Patently-O

by Dennis Crouch The Supreme Court held oral arguments on March 21, 2023 in the international trademark case of Abitron Austria GmbH v. Hetronic International, Inc. and will be holding arguments on March 22, 2023 in the whisky dog toy trademark case of Jack Daniel’s Property v. VIP Products. Abitron was formerly the international distributor for Hetronic radio-remote-control products used largely for heavy machinery.

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Janssen Files Redacted Public Version of Its Opening Brief in Support of Its Motion for Preliminary Injunction Against Amgen in BPCIA Ustekinumab Case

JD Supra Law

As we previously reported, on March 1, 2023, Janssen filed a motion for preliminary injunction in Janssen Biotech, Inc. v. Amgen Inc., C.A. No. 22-1549-MN, seeking to enjoin Amgen from the commercial manufacturing, sale, and offer for sale of ABP 654, Amgen’s ustekinumab biosimilar. Last week, Janssen filed a public version of its opening brief in support of its motion.

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Call for papers: Trademark and Unfair Competition Scholarship Roundtable 2023

43(B)log

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.

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AbbVie Files Amicus Brief in Amgen v. Sanofi

JD Supra Law

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35 U.S.C. § 112(a). While these circumstances themselves might motivate amici to file briefs with the Court to weigh in on the Question Presented, the Federal Circuit's trend in recent years to apply more tightly the strictures of Section 112 to chemical biotechnology, and.

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Forward Thinking on ‘megathreats,’ ‘polycrises,’ and ‘doom loops’ with Nouriel Roubini

McKinsey Operations

“Let’s stop putting our heads in the sand like ostriches, pretending that problems don’t exist,” says an economist noted for his early warning about the global financial crisis. “If you don’t address them individually and collectively, eventually they will overwhelm us.

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The Training Wheels are Off: The Copyright Implications of Training Generative AI

JD Supra Law

With the introduction of several readily available applications, artificial intelligence (AI) has leaped into the mainstream and brought with it a host of legal questions. Following the release in November of the now popular generative AI platform ChatGPT by OpenAI, companies including Microsoft and Google are rushing to release their own generative AI services or integrate them into their existing offerings.

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Fair Use Takes Center Stage In 'Tiger King' Copyright Case

IP Law 360

A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.

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UK Supreme Court considers AI inventorship

JD Supra Law

On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of artificial intelligence ("AI") in conceiving patentable inventions.

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TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?

The TTABlog

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. Answer(s) in the first comment. Volvo Truck Corporation v. Mac Tíre Clothing LLC , Opposition No. 91264810 (March 13, 2023) [not precedential] (Opinion by Judge Marc A.

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Using sustainability to transform food systems in South Korea

McKinsey Operations

Now is the time for grocers to develop strategic sustainability plans focused on value creation and think more broadly about the role they can play in encouraging change across the full value chain.

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App Developer Says Meta Owes Royalties After $175M IP Win

IP Law 360

The maker of a walkie-talkie app has asked a Texas federal judge to award it ongoing royalties and supplemental damages after a jury found that Facebook's parent company Meta owed $175 million for infringing live video and sound technology patents.

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Establishing the Impact of Standard-Documentation on SEP Validity

IP Watchdog

Standard-documentation from online sources maintained by standard setting organizations (SSOs) is usually an important source of relevant prior art. Such prior art can include technical specifications, technical reports, change requests, liasioning statements, work item descriptions, study documents, recommendations and RFCs. However, accessing this documentation available in SSO websites is often not easy.

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Spain Touts Highest Female Inventors Rate, US Trails Behind

IP Law 360

Female participation in patenting is steadily increasing, but women are still significantly underrepresented, and that's hindering their contribution to international innovation, according to a report released by intellectual property groups Wednesday.

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The Final Word: Who Weighed in After the Second Extension of USPTO’s Robust and Reliable Patents RFC

IP Watchdog

In early March, the U.S. Patent and Trademark Office (USPTO) published the final batch of comments for its “Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights.” In total, the USPTO received 227 comments, after extending the deadlines for submissions twice. There were some concerns that the repeated extensions of the submission deadline created uncertainty.

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Justices Take Jack Daniel's TM Fight Down The Rabbit Hole

IP Law 360

Litigation over a poop-themed dog toy resembling a Jack Daniel's bottle has been pushing the limit of what's normal for U.S. Supreme Court cases, but it peaked at oral arguments Wednesday, with the justices considering bad advertising, drunken animals, urine sales and dog ownership, all with the goal of finding a way to balance trademark and free speech rights.

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Supplement guide was plausibly an agent of supplement company; direct and secondary liability available

43(B)log

Ariix LLC v. Usana Health Sci., Inc., 2023 WL 2574319, No. 2:22-cv-00313-JNP-DAO (D. Utah Mar. 20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. “Nutritional supplements are largely unregulated, and there have been several recent scandals regarding supplement quality.

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Promoter Drops Suit Against Bars Over Boxing Match Stream

IP Law 360

Sports entertainment company Joe Hand Promotions on Wednesday dropped its suit in Texas federal court accusing Champ's Sports Grill and Bar and Savage Tavern, along with several other establishments, of illegally pirating and streaming a boxing match between Deontay Wilder and Tyson Fury in February 2020.

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The Training Wheels are Off: The Copyright Implications of Training Generative AI

LexBlog IP

With the introduction of several readily available applications, artificial intelligence (AI) has leaped into the mainstream and brought with it a host of legal questions. Following the release in November of the now popular generative AI platform ChatGPT by OpenAI, companies including Microsoft and Google are rushing to release their own generative AI services or integrate them into their existing offerings.

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Atty 'Shocked' By Reboot Of '60 Seconds' Car IP Drama

IP Law 360

An attorney for late racing icon Carroll Shelby's licensing company testified at a California federal bench trial Wednesday that he was "shocked" when a producer behind the 2000 film "Gone in 60 Seconds" apparently breached a long-standing settlement over intellectual property rights to the film's Ford Mustang "Eleanor" car.

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"GoodBelly" and "GoodHealth" plus label plausibly communicate net digestive health benefits

43(B)log

Andrade-Heymsfield v. Nextfoods, Inc., No. 3:21-cv-1446-BTM-MSB, 2023 WL 2576770 (S.D. Cal. Mar. 20, 2023) Plaintiff brought the usual California claims against a line of fruit juices — GoodBelly Probiotic JuiceDrinks — “that expressly or implicitly convey the message that the JuiceDrinks are healthy” with these package statements: (1) START YOUR GOODHEALTH GAME PLAN.

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