3 Count: FORE!
Plagiarism Today
FEBRUARY 20, 2024
Music publishers respond to Anthropic, BIRDIE Act aims to protect golf courses and George Santos sues Jimmy Kimmel over Cameos. The post 3 Count: FORE! appeared first on Plagiarism Today.
Tue.Feb 20, 2024
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All About the New USPTO Trademark Search System
Erik K Pelton
FEBRUARY 20, 2024
The following is an edited transcript of my video All About the New USPTO Trademark Search System. At the end of November, 2023, the USPTO launched a brand new search platform for their trademark database. This meant the retirement after more than 20 years of the prior search system, TESS, which had many limitations. The new system is called Trademark Search.
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The Strange Case of Father Jim Sichko
Plagiarism Today
FEBRUARY 20, 2024
Catholic Priest Father Jim Sichko has had his recent book pulled following allegations of plagiarism. Here's the warning signs he missed. The post The Strange Case of Father Jim Sichko appeared first on Plagiarism Today.
Ban on European Patents for Plants Engineered by "New Genomic Techniques" Nearing Reality
JD Supra Law
FEBRUARY 20, 2024
The European Parliament has adopted an amended European Commission proposal to regulate plants engineered using techniques such as CRISPR/Cas and ban any patenting of plants, plant parts, material, genetic information, or methods resulting from these techniques.
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?
Supreme Court Denies Five IP Petitions on Issues from IPR Joinder to Contributory Trademark Infringement
IP Watchdog
FEBRUARY 20, 2024
On February 20, the U.S. Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed. From the use of joinder to evade time-bar limits in patent validity proceedings to the service of process required for a grant of preliminary injunction, the Court’s cert denials
The New York Times Case against OpenAI is Different. Here's Why.
JD Supra Law
FEBRUARY 20, 2024
On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright infringement, contributory copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), unfair competition, and trademark dilution (complaint).
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New Frontier: Ten Tips for Navigating Brand Protection in the Metaverse
JD Supra Law
FEBRUARY 20, 2024
Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness. Enter the metaverse: an online virtual world where users can interact with each other and digital objects including Non-Fungible Tokens (NFTs). NFTs are unique digital assets depicting works of art, photographs, text, and/or other digital content, minted using blockchain to identify an interest in a certain asset.
Top 5 Cases To Watch At The Unified Patent Court
IP Law 360
FEBRUARY 20, 2024
The long-awaited opening of Europe’s Unified Patent Court has brought a period of uncertainty, leaving patent litigators navigating a new frontier for IP disputes and watching closely for the first major decisions set to be handed down in 2024.
Disney's Icon Unleashed: Mickey Mouse & The Dual Dance of Copyright and Trademark Laws
JD Supra Law
FEBRUARY 20, 2024
Copyrights protect creative works. Trademarks protect indicators of source. Can a creative work also act as a trademark? Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a perfect case study in the concept of overlapping protections.
Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy
Patently-O
FEBRUARY 20, 2024
By Dennis Crouch and Timothy Knight* The Supreme Court is set to hear oral arguments on February 21 in an important copyright case – Warner Chappell Music v. Nealy. The central issue is whether copyright plaintiffs can recover damages for infringing acts that occurred more than three years before filing suit, under the “discovery accrual rule.” Copyright’s statute of limitations bars claims not “commenced within three years after the claim accrued.” 17 U.S.C.
IPO Diversity in Innovation Toolkit
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.
VLSI Seeks Delay Of Trial On Intel Patent License Defense
IP Law 360
FEBRUARY 20, 2024
VLSI has urged a California federal judge to postpone a trial set for next month on Intel's claim that it has a license to VLSI's semiconductor patents in the multibillion-dollar dispute between the companies, saying the current trial date is "unfeasible and unfair.
Film Companies Seek ‘Torrenting History’ Related to Redditor
TorrentFreak
FEBRUARY 20, 2024
Early last year, a group of filmmakers obtained a subpoena which required Reddit to reveal the identities of users who commented on piracy-related topics. The movie companies said they were not planning to go after these people in court but wanted to use their comments as evidence in an ongoing piracy lawsuit against Internet provider RCN. Reddit wasn’t willing to go along with the request, at least not in full.
Beyond Standard Search: Getting More Value from Your Data
Velocity of Content
FEBRUARY 20, 2024
In the first post in this series , we identified the value that data “in the gaps” can bring to an organization and how taking a deep search approach can help an organization overcome the challenges associated with finding and utilizing this data. We now turn to an exploration of some specific ways that deep search can help organizations, beginning with maximizing return on investment into existing data sources.
The United States Supreme Court
Likelihood of Confusion
FEBRUARY 20, 2024
We got a little tour of the U.S. Supreme Court building ahead of our argument in Lee v. Tam tomorrow, January 18, 2016. I was allowed to take pictures so I did. If viewing these pictures piques your curiosity, you might enjoy the following links: Visitors’ Guide to the Supreme Court The Supreme Court Building Cass […] The post The United States Supreme Court appeared first on LIKELIHOOD OF CONFUSION™.
Emerging Businesses and Venture Capital in 2024: 10 Hot Topics for Founders, Investors, and Executives of Emerging Companies
JD Supra Law
FEBRUARY 20, 2024
2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash flows gained significant traction. On the other hand, emerging companies in certain sectors such as packaged goods faced a tight financing market and increased regulations, squeezing margins and, in some cases, driving underfunded companies out of the market.
Copyright Conundrums in the Tattoo World
Nelligan Law
FEBRUARY 20, 2024
Reading Time: 4 minutes In the world of human expression, few art forms have undergone as radical a makeover as tattooing. Starting out as cultural badges and rites of passage in ancient societies, tattoos have morphed into revered mediums of artistic expression, encapsulating personal tales, cultural legacies, and individual flair. From the intricate Polynesian motifs of the Pacific Isles to the dynamic imagery of classic Japanese irezumi, tattoos have transcended their modest origins to become
Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"
The IPKat
FEBRUARY 20, 2024
In a recent decision (original Spanish here: link ) Barcelona's Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on available defences. Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against P
Will the Infinite Loom Displace the Celestial Jukebox?
JD Supra Law
FEBRUARY 20, 2024
In his prescient 1994 book, Copyright’s Highway, Professor Paul Goldstein of Stanford Law School popularized the term “the celestial jukebox” for his prediction of a future where consumers could stream on-demand over the Internet any music, film, TV show, or other entertainment work. Professor Goldstein’s foresight anticipated the rise of massive cloud streaming platforms like Facebook, Netflix, Spotify, and YouTube, well before their inception.
Use of Force under International Law With Reference To Russia- Ukraine Conflict
IP and Legal Filings
FEBRUARY 20, 2024
ABSTRACT Use of force is regarded as one of the most important and sacrosanct principle under the international law. It is considered as a pre-emptory norm that a state would not use force against the sovereignty and territorial integrity of any state without proper justification. However, the conflict between Russia and Ukraine in 2022 raised significant concerns regarding the use of force and the principles of international law that govern it.
Different Aspects of Seeing a Shop Floor—Gemba vs. Data
Christopher Roser
FEBRUARY 20, 2024
In my last three posts I showed you how I look at shop floors, starting with some general guidance (FOCUS!) and going into detail through the different aspects of what I try to observe on the shop floor (5S, visual management, waste, unevenness, overburden, and safety). This usually gives me a reasonable overview of what. Read more The post Different Aspects of Seeing a Shop Floor—Gemba vs.
[Audio] State AGs File NIL Antitrust Lawsuits — Highway to NIL Podcast
JD Supra Law
FEBRUARY 20, 2024
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
Jack Daniel's Asks For Judgment In Chewy Dog Toy TM Fight
IP Law 360
FEBRUARY 20, 2024
The long-running dispute between Jack Daniel's and a company that made a poop-themed dog toy that parodied the whiskey maker's iconic bottles is back where it began 10 years ago in Arizona federal court, with each side asking for favorable judgments after the U.S. Supreme Court ruled the First Amendment does not shield VIP Products LLC from trademark claims.
Lead Panel+ Announced for IP Summit; Limited Time 25% Discount for IP CloseUp Readers
IP Close Up
FEBRUARY 20, 2024
Six leaders in artificial intelligence and intellectual property rights, including a former Philips and IBM executive, a serial entrepreneur, ex-ITC Commission and current USPTO Director Continue reading
CFP: trademark, competition, or antitrust law
43(B)log
FEBRUARY 20, 2024
I received a request to disseminate this CFP from the Jerzy Wiszniewski Foundation. Works in any of the following fields may be entered in the competition: Օ Trademark law Օ Competition law Օ Antitrust law. The work may be a master’s thesis, doctoral or post-doctoral dissertation, monograph, or other work of a scholarly nature. Requirements for submissions: Օ Published (or defended) no earlier than 11 April 2019 Օ Accompanied by at least two written reviews by a person holding a doctorate or mor
2023 PTAB Year in Review: Analysis & Trends: The Changing Contours of IPR Estoppel Law
JD Supra Law
FEBRUARY 20, 2024
As any PTAB practitioner knows, the possibility of being estopped from asserting prior art in district court is a significant risk that must be considered when filing an IPR. Section 315(e)(2) prevents a petitioner, following a final written decision, from asserting invalidity grounds that the petitioner “raised or reasonably could have raised” in the petition.
How Future Litigators Are Training In A 'Flight Simulator'
IP Law 360
FEBRUARY 20, 2024
Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large-language-model artificial intelligence technology.
Innovations at Work: Who Really Owns Employee-Created Inventions?
JD Supra Law
FEBRUARY 20, 2024
Let’s say your employee, using company resources, develops a software algorithm that could revolutionize your product line. That’s great news, right? But before you issue a press release and pop the champagne corks, you must consider a critical question: Who owns this invention? By: Brooks Kushman P.C.
New CJEU referral on interplay between bad faith and trade mark functionality
The IPKat
FEBRUARY 20, 2024
Last month, the French Supreme Court (Cour de Cassation) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU). The text of the request ( C-17/24 ) is not yet available on the CJEU’s website, but may be accessed through the national proceedings (No 21-23.458 ). The case concerns issues of bad faith and functionality in trade mark law.
Which Significant USPTO Fee Increases Might We See in 2025?
JD Supra Law
FEBRUARY 20, 2024
If the U.S. Patent and Trademark Office (USPTO) is going to implement fee changes in January 2025, we should see a Federal Register Notice detailing the proposed fees soon. The USPTO started this round of fee-setting in April 2023, publishing its initial proposed fee schedule and supporting information for consideration by the Patent Public Advisory Committee (PPAC).
Communication is a Two-Way Street: The ADA Does Not Require Employers To Be Omniscient
LexBlog IP
FEBRUARY 20, 2024
Everyone is different and has their own little personality quirks, right? This is often an understatement for employees who are the autism spectrum. You see, autism spectrum disorder (ASD) is a developmental condition that affects a person’s ability to socialize and communicate with others. Difficulty communicating with coworkers and misinterpreting directions can be a real problem in a workplace that relies principally on effective communication to serve clients or customers.
The More Things Change, the More They Stay the Same: AI Inventorship and Patent Litigation
JD Supra Law
FEBRUARY 20, 2024
Artificial intelligence (AI) cannot be the inventor or co-inventor on a patent but can be used as a tool. That is the gist of the U.S. Patent and Trademark Office’s (USPTO) recently released Inventorship Guidance for AI-Assisted Inventions.
Fed. Circ. Won't Use Roku's Failed IPRs To End Reexams
IP Law 360
FEBRUARY 20, 2024
The Federal Circuit on Tuesday shot down Ioengine LLC's argument that the U.S. Patent and Trademark Office must be stopped from having examiners reconsider its patents, saying the patent owner doesn't need mid-dispute relief.
Will Indemnification Commitments Address Market Demands in AI?
JD Supra Law
FEBRUARY 20, 2024
Lately, content owners have targeted generative AI providers with infringement suits, which has made some consumers wary of potential infringement liability. Earlier this year, Valve, which operates Steam—the largest online game store—reportedly adopted a policy to reject any games with underlying AI-generated content due to infringement concerns.
Kirkland Can't Get 'Invasive' Atty Info From 2 BigLaw Firms
IP Law 360
FEBRUARY 20, 2024
A California federal magistrate judge barred Kirkland & Ellis LLP from subpoenaing confidential personnel information from a former intellectual property associate's prior employers, Paul Hastings LLP and Fish & Richardson PC, in its defense against her discrimination suit, ruling that Kirkland's subpoena requests are "invasive," irrelevant and "amazingly broad.
USPTO Guidance on the Inventorship of AI-Assisted Inventions Highlights Need for Significant Human Contributions
JD Supra Law
FEBRUARY 20, 2024
The US Patent and Trademark Office (USPTO) recently issued new Inventorship Guidance for AI-Assisted Inventions (“Guidance”), effective as of February 13, 2024. The Guidance is a result of President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI) issued on October 30, 2023. The Guidance reiterates and adds more details to the current state of play.
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