Mon.Sep 11, 2023

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3 Count: Cracked and Broken

Plagiarism Today

Judge dismisses WAP lawsuit, Japanese gamer jailed over let's play videos and Rockstar cracked their own games, creating problems for buyers. The post 3 Count: Cracked and Broken appeared first on Plagiarism Today.

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Canada’s Online News Act: Will New Regulations Clarifying Revenue Expectations from Dominant Platforms Bring an End to Their News Blocking Tactics?

Hugh Stephens Blog

(Since the majority of my readership is outside Canada, I have gone into somewhat more background detail in this post than is probably necessary for Canadian readers, who may wish to skip the parts covering some well-rehearsed details of the legislation). As Canada’s disastrous wildfires continued their destructive path, with 2/3 of the population of … Continue reading "Canada’s Online News Act: Will New Regulations Clarifying Revenue Expectations from Dominant Platforms Bring an End to Th

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Games Workshop Files 12 Cases with the Copyright Claims Board

Plagiarism Today

Games Workshop, best known for the Warhammer games and miniatures, has filed a dozen cases with the Copyright Claims Board. The post Games Workshop Files 12 Cases with the Copyright Claims Board appeared first on Plagiarism Today.

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Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

IP Watchdog

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

Trademark 132
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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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Z-Library Opens ‘Z-Points’ Around the World to Share Paper Books

TorrentFreak

With more than 14 million digital books in its archive, Z-Library is one of the largest shadow libraries on the Internet. What stands out even more is that the site continues to thrive; even though two of its alleged operators were arrested as part of a criminal crackdown by the United States. These two defendants, both Russians, are currently fighting a heated extradition battle.

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United in Memory: The Effects of September 11 Still Reverberate Today

U.S. Department of Commerce

United in Memory: The Effects of September 11 Still Reverberate Today September 11, 2023 KCPullen@doc.gov Mon, 09/11/2023 - 09:35 First responder network By Joe Wassel, Executive Director and CEO, First Responder Network Authority September 11 irrevocably altered the lives of Americans. Today, on the anniversary, we solemnly reflect on that fateful day and its impact on our nation.

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Checklist of Issues on Generative IP

Kluwer Copyright Blog

Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). The situation has increased in complexity now that not only the input but also the output of Large Language Models (or LLMs) has allowed AI machines to produce potentially p

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Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India

SpicyIP

Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr. underscored that there is a need to supervise or govern patent and trademark agents. Interestingly, the same has also been raised earlier by Prashant , Aparajita , and Praharsh. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

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Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

JD Supra Law

Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or political ads that will soon infiltrate our airwaves, artificial intelligence (or AI) has permeated every facet of our lives. Artificial Intelligence, and specifically generative artificial intelligence and the uses thereof (i.e., to edit, classify, summarize, respond to questions, suggest a word or phrase, draft new content, and create.

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Journey Through “Augusts” on SpicyIP (2005 – Present)

SpicyIP

Image from here In the previous months, I journeyed through the posts published in “ Junes ” and “ Julys ” of decades past on SpicyIP, tracking how some IP stories developed over the years. Whether it is South Asian Basmati Brawls, the much-to-tread trail of transparency, the Statements of Patent (Non-)Working, or the Indian “Bayh Dole” Bill, some stories never cease to beguile us.

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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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Use, Control & Documented Proof Are The Prime Factors For Determining Ownership Of Social Media Accounts

JD Supra Law

If a company terminates one of its officers, does that person or his ex-employer own the corporate social media accounts that person used? Specifically, if the officer’s posts directly or indirectly promoted the company’s products and his public image on those social media channels closely aligned with company marketing strategy, does the business properly claim ownership of the accounts?

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SpicyIP Tidbit: Putting An End To The Delhi Curfew, 18th G20 Meeting Releases its Aspirational Declaration!

SpicyIP

Image from here Yesterday concluded the 18th meeting of G20 leaders at New Delhi, India. On 9th September, the Indian G20 portal released G20 Leaders’ Declaration (Declaration) covering a wide range of areas: economy (inclusive growth and circular economy), finance (international taxation, issues in financial sector and money laundering), gender equality, SDGs, AI, and technology.

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MAD MONSTER PARTY for Horror and Pop Culture Conventions and Magazines Not Confusable with MONSTER ENERGY, Says TTAB

The TTABlog

Frequent TTAB litigant Monster Energy Company lost another one. The Board dismissed its oppositions to registration of MAD MONSTER PARTY , in standard character form for "Organizing exhibitions for educational and entertainment purposes services, namely, organizing and conducting conventions in the fields of horror and popular culture," and in word-and-design form for "General feature magazine in the field of horror and pop culture.

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New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee Non-Compete Agreements

JD Supra Law

On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.

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Italy strengthens protection of PDOs and PGIs

The IPKat

Italy strengthens protection of PDOs and PGIs On 23 August 2023, several amendments to the Italian Industrial Property Code (IPC) entered into force. The Law no. 102 dated 24 July 2023 is part of Italy’s National Recovery and Resilience Plan. The reform of the IPC is aimed at strengthening Italy’s competitiveness through a more efficient protection of IPRs.

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Patent Poetry: USPTO Issues New Guide on Trademark Filing Scams

JD Supra Law

On August 30, the United States Patent and Trademark Office (USPTO) issued new examination procedures for reviewing domicile addresses for trademark applicants. This step is intended to help combat widespread fraud (and attempted fraud) on the USPTO and the US business community.

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DeFi Org Asks USPTO To Review Blockchain IP Held By 'Troll'

IP Law 360

Crypto advocacy group the DeFi Education Fund has asked the U.S. Patent and Trademark Office on Monday to take a look at a patent held by a firm it said is "trolling" decentralized finance entities with lawsuits over a blockchain system the group claims is "indistinguishable" from solutions that came before it.

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[Video] 5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

JD Supra Law

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in intellectual property law and any impact on the legal and business landscapes, potential challenges and opportunities, possible legislative reforms, and more.

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Photographer's Suit Over Richard Prince Installation Narrowed

IP Law 360

A New York federal judge on Monday trimmed a copyright infringement suit alleging the well-known appropriation artist Richard Prince and the Gagosian Gallery stole a photographer's work for Prince's Instagram-inspired art installation, ruling the photographer is not entitled to indirect profits or future profits from the work's hypothetical resale.

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The Many Flavors of Inter Partes Review Estoppel: A Review and Update

JD Supra Law

I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making. From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in September 2011, Congress debated every provision of the AIA, revised the language, debated some more, and finally codified the new law with overwhelming bipartisan support.

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TTAB Says IBM Can't Trim 'Sterling' Fight

IP Law 360

IBM has failed to persuade a trademark administrative tribunal to stop a North Dakota computer company from arguing that it owns a "common law" right to use a name that IBM is trying to register for a software brand.

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The PTAB Review - September 2023

JD Supra Law

In this edition, we begin with a discussion of recent trends in sanctions practice at the Patent Trial and Appeal Board (PTAB). Next, we summarize several recent Federal Circuit decisions addressing various aspects of PTAB practice. Finally, we examine the interplay between statutory inter partes review estoppel and common law estoppel in district court.

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Tolkien Trust Seeks IP Fees As Writer's Atty Asks To Withdraw

IP Law 360

Amazon and J.R.R. Tolkien's estate asked a California federal judge Friday to award over $153,000 in attorney fees for beating a fan-fiction writer's "objectively unreasonable" $250 million copyright suit alleging they ripped off his "Lord of the Rings" sequels, days after the writer's counsel sought to withdraw from representing him.

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Generative AI and copyrights: My talk to the IPO

Barry Sookman

I was pleased earlier today to participate on a panel on generative AI and copyright at the 2023 Annual Meeting of the Intellectual Property Owners Association (IPO) in Boston. My co-panelists were Professor Jessica Silbey (Boston University), Troy Prince (Raytheon Technologies), and Edward Ryan (Tutunjian & Bitetto P.C.). The moderator was Jenevieve Maerker (Finneganm Henderson).

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Pulitzer Winner Chabon, Other Authors Hit OpenAI With IP Suit

IP Law 360

Pulitzer Prize winner Michael Chabon and several other writers have filed a proposed class action accusing OpenAI Inc. of copyright infringement, claiming that the artificial intelligence maker incorporated their copyrighted works in datasets used to train the models powering ChatGPT, according to a suit filed in California federal court.

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Not Human Enough - District Court Rejects Copyright For AI Artwork

JD Supra Law

Artificial Intelligence (AI) is one of the hottest topics in technology, with businesses studying how to utilize its benefits and at least some workers wondering if smarter and cheaper AI technologies will replace them. Here at the TMCA, we have been covering an AI-related issue of particular interest to IP attorneys – the ongoing battle of Dr. Stephen Thaler to copyright artwork created by AI software.

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MGA Argues Jack Daniel's Ruling Doesn't Require 3rd T.I. Trial

IP Law 360

MGA Entertainment urged a California federal judge Monday to reconsider his tentative order requiring a third trial in rapper T.I.'s $100 million intellectual property suit against the toy maker, arguing the U.S. Supreme Court's "narrow" holding in the Jack Daniel's trademark case doesn't apply and that the jurors were correctly instructed.

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Copywrite

Likelihood of Confusion

This Copywrite blog is really good. Originally posted 2009-12-22 17:19:47. Republished by Blog Post Promoter The post Copywrite appeared first on LIKELIHOOD OF CONFUSION™.

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Doctor Wants J&J Unit's Libel Suit Over Talc Study Tossed

IP Law 360

A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary for trade libel over a scientific article she wrote linking asbestos in talc to mesothelioma is urging a New Jersey federal judge to throw out the case, saying the courts are not the place to challenge her scientific conclusions.

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Oppenheimer v. The Trustees of The Stevens Institute of Technology et al.

BYU Copyright Blog

This legal case (Oppenheimer v. The Trustees of The Stevens Institute of Technology et al.) involves a professional photographer from New Jersey, referred to herein as David Oppenheimer or simply “Oppenheimer,” and the Stevens Institute of Technology (the “Institute”)—a nonprofit institution also situated in New Jersey. Oppenheimer boasts an impressive portfolio, having conducted business with notable clients such as National Geographic, Rolling Stone, NBC, MTV, MSNBC, Goldman Sachs, and HBO Spo

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ABA's Money Laundering Resolution Is A Balancing Act

IP Law 360

While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

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Arcadia Endowment Supports MIT Press Open Access “Experiments”

Velocity of Content

What would it take to develop tools, models, and resources that make scholarship more accessible to researchers and other readers around the world? A commitment by one of the world’s most respected research institutions, for a good start. The support of a university press certainly would help. And $10 million from a leading UK philanthropy – that should seal the deal.

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Fed. Circ. Nixes Netflix's Loss In Multimedia File Patent Row

IP Law 360

The Federal Circuit on Monday reversed part of a lower court's finding that threw out Netflix's fight against a patent on a way of generating a multimedia file, telling the Patent Trial and Appeal Board it was too strict in its approach.

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174 Trademark Registrations Issued to Indiana Companies in August 2023

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 174 trademark registrations to persons and businesses in Indiana in August 2023 based on applications filed by Indiana trademark attorneys: Reg. Number Word Mark 7140222 MINLEARN 7151067 CHOCORITE 7151059 HIGHWAY 61 7151041 ZOTTA 7151040 JALAPERS 7151039 WUNDERKRAUT 7150973 MELTEEZA 7152599 MARIBEN 7150458 O-V-R 7150398 HISOL 7150355 I AM THEM 7150128 LOVE FOR MALAWI 7149881 FAITHFUL WARRIORS 7149433 THE VAHA COLLECTION 7149350 GROUND MAN 7149136 CH

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Ex-Close Brothers Bosses Fight Strategy Stealing Claims

IP Law 360

An asset finance business set up by two former bosses at Close Brothers has denied stealing the secret tax strategy of a financial consultant, hitting back at a £1 million ($1.25 million) claim that they abused their access to confidential information.