Thu.Oct 05, 2023

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3 Count: Over The Hump

Plagiarism Today

BMG and MGA settle a lawsuit over My Humps parody, Plex sued over photograph and NLE Choppa sued over a 2020 song. The post 3 Count: Over The Hump appeared first on Plagiarism Today.

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Canada Plans to Regulate Search and Social Media Use of Artificial Intelligence for Content Moderation and Discoverability

Michael Geist

The Canadian government plans to regulate the use of artificial intelligence in search results and when used to prioritize the display of content on search engines and social media services. AI is widely used by both search and social media for a range of purpose that do not involve ChatGPT-style generative AI. For example, Google has identified multiple ways that it uses AI to generate search results, provide translation, and other features, while TikTok uses AI to identify the interests of its

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Australian Man Denies Spy Charges by Claiming He’s a Plagiarist

Plagiarism Today

An Australian man is admitting to plagiarism in hopes that it will help him avoid a 15-year prison sentence for reckless foreign interference. The post Australian Man Denies Spy Charges by Claiming He’s a Plagiarist appeared first on Plagiarism Today.

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Popular “AI Hub” Discord Taken Down Following Copyright Complaints

TorrentFreak

Artificial intelligence is booming. Dozens of companies are enthusiastic about its potential and many regular people are tinkering with it too. The ‘AI Hub’ Discord server was the place to be for true AI enthusiasts. In just a matter of months, it grew from zero to a thriving community of more than 500,000 members. Through the server, people shared the latest tips and tricks, new developments, but also complete models.

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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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Canadian Heritage Minister Pascale St-Onge’s Internet Regulation Misinformation Problem

Michael Geist

The temperature over the government’s Internet legislation has increased this week as many Canadians wake up to the consequences of Bills C-11 and C-18. CRTC regulations on mandated registration requirements arising from the Online Streaming Act and the possibility that Google will follow Meta’s lead and remove news links for search results in Canada due to the Online News Act have placed the spotlight on harmful effects of the government’s approach.

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Red Points sued for Defamation over DMCA takedown notice

JD Supra Law

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the seller on an Amazon website. Instead of taking down the product, the Seller sued Red Points for what they allege is a defamatory accusation about their business as the counterfeiting was denied.

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Generative AI

JD Supra Law

Generative artificial intelligence (AI) programs, like Dall-E and ChatGPT, seem to be all the rage right now. Tech companies big and small are now racing to come up with the next big thing. Like other forms of AI, generative AI analyzes large amounts of data to identify which patterns will be used to create some output.

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In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark

Technology & Marketing Law Blog

This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I wrote an expert declaration about them in 2021). Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net.

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When is Rebranding a $4 Billion Mistake? Time Will Tell With Twitter’s Decline

JD Supra Law

The small blue bird adorning nearly every company’s social media section. The verbiage “tweet” and “retweet” working their way into the fabric of modern language. The creation of character-limited, short-form posts as a new method of communication used by presidents, dignitaries, celebrities, and everyday people alike.

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ACE Applauds ‘SVICLOUD’ Raids But IPTV Juggernaut Will Take Some Stopping

TorrentFreak

In a press release published on Thursday, global anti-piracy coalition Alliance for Creativity and Entertainment celebrated action by Taiwanese Police after they carried out a raid against distributors of pirate set-top boxes. “Taiwanese Police officials announced Sept. 27 in Taipei that they had completed a successful raid against the distributors of SVICLOUD ISDs, seizing more than 1,000 ISDs and equipment including mobile devices and computers.

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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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Year-End Checklist for Mergers or Consolidations of Delaware Corporations

Cogency Global

What this is : These handy checklists will help ensure all required provisions are included when you are drafting merger documents to file in Delaware. What this means : Merger documents can be complicated. This article can help you avoid rejection and ensure the merger is filed in a timely manner.

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“€25m Profit” Pirate IPTV Group Dismantled, 10 Arrested, 12 Vehicles Seized

TorrentFreak

Live TV, sports, and movie fans in Greece enjoy their entertainment as much as their fellow Europeans. They also complain about similar issues, including the high cost of official subscription TV packages offered by local broadcasters. For many consumers, the solution to these persistent problems can be found in cheap but illicit pirate IPTV subscriptions.

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Seeking Harmony: Supreme Court to Consider Retrospective Relief for Timely Copyright Claims Under Discovery Rule

JD Supra Law

The Supreme Court of the United States agreed to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the suit was filed. Warner Chappell Music, et al. v. Nealy, Case No. 22-1078 (Supr. Ct., Sept. 29, 2023) (certiorari granted).

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Polsinelli Pulls In IP Litigator From Seyfarth

IP Law 360

An intellectual property attorney at Seyfarth Shaw LLP has left to join Polsinelli PC's IP group as a shareholder in Chicago.

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[Video] 12 Tips to Help Your Business Address Generative AI Risks

JD Supra Law

With generative AI becoming increasingly prevalent, businesses face a spectrum of opportunities, challenges, and risks. While some organizations have been quick to bring generative AI into the fold, the majority are still wondering whether it’s the right tool and, if so, how to integrate it safely and effectively. Join Carlton Fields attorney Trish Carreiro as she provides tips for businesses considering whether and how to incorporate generative AI in their workstreams.

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TTAB Tosses Out SUNKIST's Confusion and Dilution Opposition to "KIST" for Soft Drinks

The TTABlog

The Board dismissed this opposition to registration of the mark KIST , in standard character and stylized form, for "Soft drinks, namely, sodas and sparkling water; concentrates and syrups for making soft drinks," finding neither likelihood of confusion with, nor likely dilution of, the mark SUNKIST , registered in standard character and design form for fresh fruits and various beverages and concentrates.

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Bringing Down the House: House v. NCAA Could Potentially Mean Big Changes for Collegiate NIL Rules

JD Supra Law

In a recent development, on September 22, 2023, a federal judge took a significant step by certifying an injunctive relief class comprising of at least 184,000 college athletes. This decision paves the way for the House v. NCAA case to proceed, which has far-reaching implications for the landscape of college athletics and the rights of student-athletes to profit from their names, images, and likenesses (NIL).The NCAA and Power Five Conferences did not oppose certification of the injunctive.

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USPTO Proposes Rule to Mitigate Fears that PTAB Decisions are Being Influenced by Leadership

IP Watchdog

Following review of more than 4,300 comments, the U.S. Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking (NPRM) today that makes changes to the processes governing internal pre-issuance circulation and review of decisions within the Patent Trial and Appeal Board (PTAB). The stated goal of the policy change is to “promote consistent, clear, and open decision-making processes while protecting judicial independence and increasing transparency of USPTO processes.

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Federal Circuit Lowers Bar for Proving Design Patent Infringement

JD Supra Law

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an infringement analysis―to the same article of manufacture claimed by the patented design. The decision harmonizes the scope of comparison prior art with that of invalidating prior art and will motivate design patent owners to revisit their enforcement and procurement strategies.

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Knives Out Between Grubhub and Home Chef

LexBlog IP

[link] As seen in the Trademark Lawyer Magazine newsletter. Home Chef and Grubhub are battling over their logos, with Home Chef trying to show Grubhub’s trademark application for and use of its new logo should be toast. Home Chef won the first round, obtaining a preliminary injunction against Grubhub, but Grubhub won the second round. Last week Grubhub was handed another savory victory.

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Just How Similar Must Competing Marks Be to Survive Dismissal?

JD Supra Law

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the attorneys’ fee award. Bliss Collection, LLC v. Latham Companies, LLC, Case Nos. 21-5723; -5361 (6th Cir. Sept….

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CCC Town Hall on AI and Voluntary Collective Licensing

Velocity of Content

On Thursday, 12 October at 10:00 EDT via LinkedIn Live, an international panel of experts including CCC Vice President, General Counsel Catherine Zaller Rowland, Prof. Daniel Gervais, Bruce Rich, and Carlo Scollo Lavizarri will discuss the evolution of voluntary collective licensing and its role as a catalyst for research and innovation through AI. For more details, click here to read the CCC press release.

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The Supreme Court Again Declines To Reevaluate Subject Matter Eligibility of Diagnostic Claims

JD Supra Law

The Supreme Court seemed, at least to a small degree, interested in evaluating the subject matter eligibility of diagnostic claims when it requested that the respondents (Natera Inc. and Eurofins Viracor Inc.) respond to a petition for writ of certiorari filed by CareDx Inc. and the Board of Trustees of the Leland Stanford Junior University (collectively “CareDx”).

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IP Forecast: Novartis To Fight Antitrust Row Over Drug Patent

IP Law 360

Novartis is set to oppose an appeal at the Second Circuit from a rival seeking to restore an antitrust suit accusing it of hiding things from the patent office to illegally corner the market for an eye syringe treatment.

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Beware Enablement of Genus Antibody Claims

JD Supra Law

The US Court of Appeals for the Federal Circuit invalidated yet another set of antibody genus claims, finding the case “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v. Sanofi. The Federal Circuit concluded that patent claims covering a class of antibodies targeting functions of blood clotting factors were invalid for lack of enablement, echoing the reasoning followed by fellow Circuit Judge Dyk, who sat by designation in the district court.

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Judge Dyk Says $2B VLSI Win Includes Noninfringing Tech

IP Law 360

A Federal Circuit judge implied Thursday that VLSI's $2.18 billion patent verdict over Intel in Texas federal court was inflated, saying "it seems to be pretty clear" that the calculation included noninfringing products and features.

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[Webinar] The Latest Changes in Copyrights & Trademarks - November 2nd, 9:00 am - 10:00 am PDT

JD Supra Law

Please join Fitch Even for a free webinar, “The Latest Changes in Copyrights & Trademarks,” on November 2 at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 noon EDT. In 2020, legislation was passed that changes the landscape of trademark and copyright law. Various provisions of the new laws have gone into effect on a rolling basis over the past nearly two years.

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Herbert Smith Freehills advises joint sponsors on Tian Tu Capital's Hong Kong IPO ??????????????????????????????????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised Huatai Financial Holdings (Hong Kong) Limited and BOCI Asia Limited as joint sponsors of Tian Tu Capital Co., Ltd. (01973.HK)'s listing on the Main Board of the Hong Kong Stock Exchange today. Tian Tu Capital is a leading private equity investor and fund manager committed to driving the growth of Chinese consumer brands and companies.

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Defective Service of Complaint Fails to Trigger Time Bar

JD Supra Law

Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35 U.S.C. § 315(b). In a recent PTAB case, a patent owner’s defective service of the related district court pleading on a petitioner prevented trigger of the one-year statutory time bar on IPR filings.

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Director PTAB Action Limited Pre-Institution

LexBlog IP

PTAB Pre-institution Procedures Codified The USPTO published an Notice of Proposed Rulemaking (NPRM) today relating to internal procedures. The proposed rules set forth that the Director is not involved prior to issuance (of a PTAB Decision on Institution) in directing or otherwise influencing PTAB panel decisions. The proposed rules further provide that PTAB management is not involved in panel decision-making unless a panel member has requested the input of PTAB management and that adoption of

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Solving the Section 101 Conundrum: Examining Stakeholder Workarounds vs. Legislative Reforms

IP Watchdog

Judicial rulings have muddied the waters of patent eligibility, with judges themselves expressing uncertainty. In the case, Am. Axle & Mfg., Inc. v. Neapco Holdings LLC, U.S. Court of Appeals for the Federal Circuit judge Kimberly Moore openly shared the challenge of applying Section 101 consistently, explaining that “the majority’s blended 101/112 analysis expands § 101, converts factual issues into legal ones and is certain to cause confusion for future cases.

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Seyfarth Attorneys to Present to the Association of National Advertisers’ Legal Affairs Committee

LexBlog IP

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

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Want a signed copy of Brand Tuned?

azrights

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book. Please include any unit or apartment number associated with your address as the post office site we use requires comprehensive address details.

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CISA Launches Cybersecurity Public Awareness Campaign

LexBlog IP

To kick off the twentieth annual Cybersecurity Awareness Month, the Cybersecurity and Infrastructure Security Agency (CISA) has announced that CISA and the National Cybersecurity Alliance will “focus on ways to “ Secure Our World ” by educating the public on how to stay safe online. Secure Our World is a theme that CISA will focus on throughout the next year “as we work to drive behavioral change around core cybersecurity habits by providing everyone with the knowledge an

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European states hail ‘unity’ on 50th anniversary of EPC

Managing IP

Today marks 50 years since the European Patent Convention was signed, and senior leaders have been both reflecting and looking forward

Patent 59