Plagiarism Today
SEPTEMBER 7, 2023
A famous AI-generated piece of art has been rejected by the US Copyright Office. Here's why the decision matters and what it means. The post Another AI Copyright Registration Rejected appeared first on Plagiarism Today.
JD Supra Law
SEPTEMBER 7, 2023
In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective purposes. As nonprofit executives, you may be wondering how AI intersects with intellectual property and data privacy law, and how it could affect your organization.
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Plagiarism Today
SEPTEMBER 7, 2023
Sam Smith and Normani escape Dancing with a Stranger lawsuit, ACE shuts down three Egyptian pirate networks and more! The post 3 Count: Stranger Dancing appeared first on Plagiarism Today.
JD Supra Law
SEPTEMBER 7, 2023
The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market. While the FTC has previously addressed issues such as exaggerating the use of AI in a product or the potential deceptiveness related to deepfakes or synthetic media, the most recent guidance focused on the impact of the use of generative AI in the creation of content and.
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?
TorrentFreak
SEPTEMBER 7, 2023
Like many other countries around the world, India’s copyright law allows rightsholders to limit access to pirate sites. This legal tool is widely used by the major Hollywood studios. These companies regularly obtain injunctions that require local Internet providers to block websites to prevent piracy. Over the years the nature of these court orders has evolved.
JD Supra Law
SEPTEMBER 7, 2023
Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership Act, or the PREVAIL Act. Originally posted in Law360 - August 7, 2023.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
SEPTEMBER 7, 2023
On June 29, the Federal Trade Commission (FTC) published its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Guides”), together with an FAQ document, FTC’s Endorsement Guides: What People Are Asking (“FAQ”). One day later, it announced its proposal for a new Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (“Trade Regulation”).
IP Watchdog
SEPTEMBER 7, 2023
The regulatory framework for the inter partes review (IPR) process has long been the subject of criticism from both patent owners and petitioners. There is a growing consensus that the existing rules need to be revised to address loopholes and unintended consequences that have developed over the 10 years the America Invents Act (AIA) has been in effect.
JD Supra Law
SEPTEMBER 7, 2023
For over two decades, California law concluded non-compete agreements are not enforceable in the context of employment, Edwards v. Anderson, 44 Cal.4th 937 (2008) and even created a public policy claim against employers assisting the enforcement of out-of-state non-compete agreements, Silguero v. Creteguard, Inc., 187 Cal.App.4th 60 (2010). Effective January 1, 2024, California’s new statute expressly allows employees or former employees to file civil claims seeking injunctive relief, actual.
IP Watchdog
SEPTEMBER 7, 2023
The New Civil Liberties Alliance (NCLA), which is representing Judge Pauline Newman in her case against U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Moore and the Special Committee of the Judicial Council that is investigating Newman, today released a forensic psychologist’s report on Newman’s mental fitness and a video detailing the alleged unjust treatment Newman has received.
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 7, 2023
In August 2023, one complainant filed a new complaint for a violation of Section 337 in the International Trade Commission. Specifically, on August 22, NJOY, LLC, filed a complaint against JUUL Labs, Inc., in Vaporizer Devices, Cartridges Used Therewith, and Components Thereof, Dkt. No. 3691.
IP Law 360
SEPTEMBER 7, 2023
A California federal judge has refused to throw out a proposed class action brought by a reality TV celebrity claiming the European maker of the artificial intelligence-based face swapping app, Reface, exploited his image and likeness without consent or compensation in violation of his right of publicity.
JD Supra Law
SEPTEMBER 7, 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.
IP Law 360
SEPTEMBER 7, 2023
As seen with the recent popularity of the "Barbie" movie, adults are increasingly engaging with child-oriented intellectual property — and previous legal battles between toy-makers and entertainers over fan creations offer lessons in determining when to fight infringement and when to embrace expanded target audiences, says Seokin Yeh at Cole Schotz.
JD Supra Law
SEPTEMBER 7, 2023
As part of its ongoing efforts to improve and maintain the accuracy of the Trademark Register, and combat trademark scams and bot-filed trademark applications, the USPTO has revised examination procedures for reviewing domicile addresses in applications and at post-registration, detailed in a new Examination Guide. We highlight a few of the requirements and changes below.
IP Law 360
SEPTEMBER 7, 2023
With the recent OpenAI GPT-3.5 Turbo fine-tuning and application programming interface updates, companies that want to use their own data to train artificial intelligence models need to first determine whether they have a right to do so, among other potential legal issues, says James Gatto at Sheppard Mullin.
JD Supra Law
SEPTEMBER 7, 2023
On the heels of one of the first district court decisions that denied a copyright for AI-generated work that entirely lacked human authorship and left open the question of what level of human intervention will be required in order to qualify for copyright protection in the future, as explained in our recent alert about Thaler v. Perlmutter, No. 22-1564 (D.D.C.
IP Law 360
SEPTEMBER 7, 2023
A New York federal judge has slimmed down a trademark infringement dispute between two galleries, dismissing trademark dilution and deceptive practices claims while allowing unfair competition and bad faith claims to remain intact.
JD Supra Law
SEPTEMBER 7, 2023
A “picture” claim refers to a patent claim precisely tailored to track a particular product’s important advantages and features. When drafting a patent application, one should describe various embodiments of the invention and include both picture claims, tailored to those embodiments, and broader claims, to encompass groups of embodiments.
IP Law 360
SEPTEMBER 7, 2023
A Colorado federal judge Thursday tossed a suit in which Frida Kahlo Corp. and Kidrobot LLC wanted confirmation that the latter need not buy a copyright license from Artists Rights Society Inc. to use a depiction of the famous Mexican painter's "Las Dos Fridas" on a Kidrobot art toy.
JD Supra Law
SEPTEMBER 7, 2023
The Federal Circuit recently in In re Cellect, invalidated a series of patents based on obviousness-type double-patenting (ODP), finding that term-adjusted patents (PTA) in the same family are invalid under ODP in the absence of a timely filed terminal disclaimer (TD), even where the Examiner in the prosecution of the patents had not issued an ODP or required a TD to get the patents allowed.
IP Law 360
SEPTEMBER 7, 2023
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
JD Supra Law
SEPTEMBER 7, 2023
Precedential and Key Federal Circuit Opinions - VOLVO PENTA v. BRUNSWICK CORP. [OPINION] (2022-1765, 8/24/2023) (Moore, Lourie, and Cunningham) - Moore, Chief J. The Court vacated and remanded the Patent Trial and Appeal Board’s decision “holding all claims” of the patent “unpatentable as obvious.”.
IP Law 360
SEPTEMBER 7, 2023
Attorneys at Mayer Brown take a look at how courts have treated enhanced patent damages in the wake of the Supreme Court's 2016 Halo decision, discuss consequences for the choice of where to bring suit, and examine how rates fared in cases involving medical devices and technology.
JD Supra Law
SEPTEMBER 7, 2023
In just over two years since the inception of college Name, Image, and Likeness (NIL) rights, a groundbreaking lawsuit has emerged, alleging a violation of Florida’s NIL laws. On September 1, 2023, Gervon Dexter Sr., a former University of Florida Gator and current Chicago Bear, filed a lawsuit aimed at invalidating an NIL contract that he signed during his junior year at the University of Florida.
IP Tech Blog
SEPTEMBER 7, 2023
Our colleague and leader of the firm’s China Intellectual Property team Paolo Beconcini will be speaking at the upcoming INDICAM event Let’s Take Stock: The Evolution of Counterfeiting In Asia and The Importance of Intelligence and Intelligent Strategies. Paolo will discuss how to protect your IP in China, sharing insights on the new trademark law proposal, as well as current counterfeiting trends and strategies for how to combat them.
JD Supra Law
SEPTEMBER 7, 2023
Addressing the boundaries of a permanent injunction awarded to a major software developer, the US Court of Appeals for the Ninth Circuit largely agreed that the defending developer was in contempt for violating the order but reversed on certain issues where the district court overextended the injunction. Oracle USA, Inc. v. Rimini St., Inc., Case No. 22-15188 (9th Cir.
43(B)log
SEPTEMBER 7, 2023
McCracken v. KSF Acquisition Corp., 2023 WL 5667869, No. 5:22-cv-01666-SB-SHK (C.D. Cal. Apr. 4, 2023) McCracken alleged that SlimFast food products were falsely advertised as “CLINICALLY PROVEN [ – ] LOSE WEIGHT & KEEP IT OFF” on the front of their packaging. It was undisputed that none of the products she purchased has been clinically tested or proven to cause consumers to lose weight or maintain weight loss, though KSF pointed to additional disclaimers on the back clarifying that the stat
JD Supra Law
SEPTEMBER 7, 2023
The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v. Shenzhen Sanlida Elec. Tech. Co., Ltd., Case No. 22-40376 (5th Cir. Aug. 25, 2023) (Barksdale, Southwick, Higginson, JJ.).
43(B)log
SEPTEMBER 7, 2023
Smith v. Adidas America, Inc., 2023 WL 5672576, No. 6:22-cv-788 (BKS/ML) (N.D.N.Y. Sept. 1, 2023) A non-food case litigated by Spencer Sheehan, just profiled in this New Yorker article. Smith brought claims under NY and other consumer protection laws as well as warranty and other common-law claims, based on Adidas’s marketing of its NHL jerseys as “authentic.” screenshot from complaint Adidas is the “official manufacturer of the jerseys worn on the ice by NHL players.
JD Supra Law
SEPTEMBER 7, 2023
On August 24, 2023, the U.S. Court of Appeals for the Federal Circuit, in Volvo Penta of the Ams. LLC v. Brunswick Corp., Case No. 22-1765, vacated a Final Written Decision of the Patent Trial and Appeal Board (PTAB) holding all claims of U.S. Patent 9,630,692 (the “’962 patent”) unpatentable as obvious. The Federal Circuit remanded the decision for further evaluation of objective indicia of non-obviousness that the Board had not adequately considered.
Cogency Global
SEPTEMBER 7, 2023
What this is: On August 2, 2023, there were updates to the Economic Crime and Transparency Act and the Register of Overseas Entities ( RoE ) from the UK Companies House. What this means: New guidelines have been posted for the annual updating requirements for Overseas Entities. Ensure you comply with these new rules , as failure to do so could be costly.
Selvam & Selvam Blog
SEPTEMBER 7, 2023
In 1977, the Whirlpool Corporation (hereinafter, “Whirlpool Corp.”) failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. While Whirlpool Corp. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their failure to renew it in 1977 proved to be a mistake as it enabled N.R.
LexBlog IP
SEPTEMBER 7, 2023
Seyfarth partner Dawn Mertineit will be attending and presenting at the Intellectual Property Owners Association Annual Conference in Boston from September 10-12. This event brings together Intellectual Property professionals across law firms, corporations, service providers, and academia and offers educational programs, committee meetings, and networking opportunities.
IP Law 360
SEPTEMBER 7, 2023
A Massachusetts federal judge on Thursday approved disqualifying Hogan Lovells from representing a shoe company that's being sued by Reebok, because Hogan Lovells has represented Reebok in the past, saying allowing the representation would create "intolerably strong temptation" to misuse client information.
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