Sun.Jan 07, 2024

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There is a Good Reason it’s not called “Artificial Creativity”

Hugh Stephens Blog

Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.

Copying 254
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UPC Munich Local Division takes a novel approach to claim interpretation (SES vs Hanshow, UPC-CFI-292/2023)

The IPKat

The decision of the Munich Local Division of the UPC in SES vs. Hanshow provides a first indication of how the nascent UPC will approach patent claim interpretation. Initial decisions from the UPC have been light on analysis of the relevant substantive legal provisions. The Munich Local Division in SES vs Hanshow took a rather peculiar approach to claim interpretation, for which this Kat struggles to find basis in either EPO or national case law.

Patent 97
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How Seized Firesticks in a Plastic Bag Opened Up a Pirate Rabbit Hole

TorrentFreak

Here at TF we track a lot of lawsuits, not to mention buy, research, and then ultimately report on them. While that can be a lot of work, in the United States detailed information is mostly easy to find. The same can’t always be said when piracy-related news is made available by various third-parties, often with a commercial interest in how information is presented.

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Prada’s Triangle pattern (mostly) not inherently distinctive to be a trade mark, says EUIPO Board of Appeal

The IPKat

Game of triangles: A Prada Triangle bag, with the Triangle pattern, and Prada's triangular logo When you think of Prada (at least from a trade mark perspective), what Prada itself refers to as its “iconic Triangle” cannot but come to mind. Technically an isosceles triangle positioned upside down, the Prada Triangle is not only used in association with the word ‘PRADA’ but is also employed as a 3D (think of, e.g., the Triangle Bag or Paradoxe perfume) and 2D self-standing shape.

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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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Best of 2008: The Long and Rocky Road

Likelihood of Confusion

This was first posted on May 7, 2008. Irvin Robbins, the co-founder of the Baskin-Robbins ice cream chain, died yesterday. Here’s how much time has passed since just about the. The post Best of 2008: The Long and Rocky Road appeared first on LIKELIHOOD OF CONFUSION™.

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Angering the Gods: A Relook at the VBM Trademark Infringement Case

SpicyIP

Invoking the “Holy Trinity of Hindu Gods” The case of VBM Medizintechnik GMBH v. Geetan Luthra raised eyebrows regarding the uncanny defense relied on for justifying the use of the trademark ‘VBM’: that it stood for the Hindu gods Vishnu, Brahma, and Mahesh! Most fortunately, it didn’t last long. A bit of background before we delve into more details: On 25 September 2023, in a legal dispute between a German medical equipment manufacturer, VBM Medizintechnik GMBH, and the Indian entity VBM India

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ITC Domestic Industry Requirement

CoCal IP Law Institute

ITC Domestic Industry Requirement The International Trade Commission (the ITC) is an agency charged to assist U.S. industry in avoiding unfair competition, particularly from overseas entities. The only relief available to parties who win such disputes is an "exclusion order" which requires U.S. Customs to interdict any products that are impacted by the associated exclusion [.

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Beyond Borders: The Iconic Trademark Of Mother Teresa

Biswajit Sarkar Copyright Blog

In the vast realm of trademarks, a rule stands unwavering – the prohibition of personal names as trademarks. Yet, in the cosmic tapestry of exceptions, a transcendent figure emerges. When a personal name evolves into a symbol of global significance, it defies the conventional restriction. This exception becomes a beacon, a safeguard against the exploitation of renowned personas’ names and images.

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Top 10 Posts on the Kluwer Copyright Blog in 2023

Kluwer Copyright Blog

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2024 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with ongoing European copyright reform, a number of landmark CJEU decisions and notable developments in a number of jurisdictions.