Mon.Oct 30, 2023

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President Biden Signs Executive Order Calling for AI Watermarking

Plagiarism Today

President Biden has signed an executive order targeting security concerns around AI, that calls for regulations to watermark AI work. The post President Biden Signs Executive Order Calling for AI Watermarking appeared first on Plagiarism Today.

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White House Executive Order Ramps Up US Regulation of and Policy Toward AI

Intellectual Property Law Blog

The US just catapulted into being the world leader on regulating AI. Bypassing Congress, the White house issued an Executive Order focusing on safe, secure and trustworthy AI and laying out a national policy on AI. In stark contrast to the EU, which through the soon to be enacted AI Act is focused primarily on regulating uses of AI that are unacceptable or high risk, the Executive Order focuses primarily on the developers, the data they use and the tools they create.

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3 Count: FileWarez Gone

Plagiarism Today

Brazilian site FileWarez is closed, an Indian court demands embarrassing videos removed and TikTok influencer targets fashion dupes. The post 3 Count: FileWarez Gone appeared first on Plagiarism Today.

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TTABlog Test: Is DRYLANDS BREWING COMPANY for Beer and Restaurant Services Confusable with DRYLANDS for Wine?

The TTABlog

The USPTO refused to register that mark DRYLANDS BREWING COMPANY & Design for "beer" and for "restaurant services, including sit-down service of food and take-out restaurant services; taproom services featuring beer brewed on premises” [BREWING COMPANY disclaimed], finding confusion likely with the registered mark DRYLANDS for wine. On appeal, applicants argued that DRYLANDS BREWING COMPANY is a unitary term engendering a "distinct commercial impression that is independent of the constituent

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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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Pharma and medical device regulation – GTDT – Lexology

Olartemoure Blog

A Clear Guide for the Regulation of the Pharma and Medical Device Industry in Colombia The Pharma and Medical Device industry is one of the biggest in the world. Its regulation changes country to country, which can sometimes make comparisons difficult. Due to this, Lexology decided to publish a series of reference guides that allow for comparison among more than 20 jurisdictions all around the world.

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Brazil Regulator Claims “80% of Pirate TV Boxes” Were Blocked Last Week

TorrentFreak

Authorities and rightsholders in Brazil appear determined to disrupt, restrict, or completely deny access to the illegal TV market enjoyed by millions of local citizens. From taking on pirate IPTV services to the outlawing of non-certified set-top boxes, to blocking illegal streaming websites and the removal of pirate apps, no target is off limits. One of the agencies at the forefront of this anti-piracy activity is the National Telecommunications Agency, better known as Anatel.

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Dutch Fiscal Police Win “Anti-Piracy Award” for Shutting Down IPTV Datacenter

TorrentFreak

Across the globe, law enforcement and copyright holder groups are teaming up to tackle online piracy of all shapes and sizes. Cooperation is seen as essential to tackling the endemic piracy problem and the key players regularly meet up to discuss progress and emerging problems. Last week, Europol hosted its annual IP Crime Conference in Lisbon where stakeholders came together to exchange information and ideas.

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“Pink Perfection: The Trademarking Of Barbie’s Signature Hue”

IP and Legal Filings

Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it has been, every summer, since her introduction in 1959. Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence.

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[Audio] A View From the Starting Line – A Conversation with Teenpreneur Tierney Schmidt

JD Supra Law

Today's Founders Shares podcast episode presents a unique perspective that I'm sure will resonate with many of you. We typically delve into the stories of seasoned entrepreneurs and their businesses. However, this time, we're flipping the script. In this episode, we're going to embark on a journey with someone who's at the starting line, someone who's young, and full of potential, but hasn't yet launched a full-fledged business.

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Fingerprint Recognition Patent: Security in Biometric Device

Biswajit Sarkar Copyright Blog

In a world driven by technology, securing sensitive information while accessing various digital systems has become crucial. Fingerprint recognition, a form of biometric technology, has emerged as a reliable and convenient means of enhancing security. The use of fingerprint recognition has grown significantly in recent years. It is now a common feature in many aspects of our lives, from unlocking our smartphones and accessing secure apps to entering high-security facilities, this technology is ev

Patent 82
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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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With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

JD Supra Law

Fiction writing has a curious claim on truth. We learn this at the youngest age, listening to fairy tales when the child in us “intuitively comprehends that, although these stories are unreal, they are not untrue …” Bettelheim, The Uses Of Enchantment: The Meaning and Importance of Fairy Tales (at 73).

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EagleView's Roof Estimation Patent Survives PTAB Challenge

IP Law 360

The Patent Trial and Appeal Board has decided not to invalidate any challenged claims in a patent by aerial roof estimation company EagleView Technologies Inc. that it has asserted in district court.

Patent 75
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UPC Paris Central Division to decide on treatment of whether affiliates are the “same party” as their parent

JD Supra Law

For the first time, on Thursday 26 October, an oral hearing took place at the Paris Central Division. It pertained to a preliminary objection lodged in a revocation action brought by Meril Group against a patent owned by Edwards Lifesciences Corporation.

Patent 75
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Temu Lodges Trademark Suit Aimed At Fake Sites, Promotions

IP Law 360

The company that operates popular discount retail app Temu launched trademark infringement claims Monday against 20 website domains that have allegedly offered counterfeit apps, coupon codes and more to consumers who may not know they're interacting and shopping with unauthorized fakes.

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Supreme Court Will Hear Case ?Clarifying Extent of Damages ?Available in Copyright ?Infringement Lawsuits

JD Supra Law

The United States Supreme Court granted certiorari to petitioner, Warner Chappell, to clarify whether the Copyright Act precludes retrospective relief for infringing acts occurring more than three years before a plaintiff files a complaint. Section 507(b) of the Copyright Act permits bringing a claim if it is “commenced within three years after the claim accrued.

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Supermarket Showdown (Lidl v Tesco) – Lidl’s rights (trade marks and copyright) in the Lidl logo are infringed by Tesco’s “Clubcard Price” signs

Kluwer Copyright Blog

Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ( [2023] EWHC 873 (Ch) ). Specifically, the court made the following findings. Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo.

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European Patent Office Makes Major Changes in Priority Entitlement

JD Supra Law

The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO. The decision represents a significant break from the previous practice of the EPO and seems to adopt a much more ‘pro-applicant/patentee’ approach when assessing these rights and their effects on European patents and patent applications.

Patent 73
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Amici for IP and Auto Industries Tell Full CAFC to Stick with What Works on Design Patents

IP Watchdog

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. The latest briefs generally urged the en banc U.S. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions. In June of this year, the CAFC granted a rare en banc review of its January, 2023, decision in LKQ Corporation v.

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PREVAIL Act Proposes Significant Changes PTAB Proceedings

JD Supra Law

IP rights can be vital to the success of medical device companies. Significant legislative changes governing some of these rights may be on the horizon. Senators Coons (Delaware), Durbin (Illinois), Hirono (Hawaii), and Tillis (North Carolina), along with Congressman Ken Buck (Colorado) and Representative Deborah Ross (North Carolina) have introduced the bipartisan, bicameral PREVAIL Act to Congress.

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EPO Decision Significantly Relaxes Patent Priority Approach

IP Law 360

In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.

Patent 59
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The Five Eyes Stare Down Trade Secret Theft

JD Supra Law

On Sunday evening, CBS's 60 Minutes aired a segment featuring “The Five Eyes” and the critical issue of state-sponsored intellectual property ("IP") and trade secret theft. While geopolitics and national security issues might not be directly on the minds of most business leaders and researchers developing the critical IP to support cutting-edge technologies, including biologics, computing, and artificial intelligence, this segment offers a strong reminder for why entities must be cognizant of IP

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Delhi High Court Directs Maharaja to Pay a King’s Ransom in a Patent Infringement Suit  

SpicyIP

[ This post has been co-authored with Swaraj Paul Barooah ]. Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. (the defendant) to pay upwards of 81 lakhs (INR 81,44,925 to be precise) as damages to Strix Ltd. The decision is important on three counts- First, it is perhaps one of the rare decisions where the court has computed notional damage on a “reasonable royalty basis”; Second, it is one of the few patent cases where a decree

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[Video] Podcast - Bringing Mindfulness and Best Practices to Trial Law

JD Supra Law

In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by intellectual property and litigation attorney Joshua Krumholz to discuss the ins and outs of trial law. With their extensive knowledge of the field, the conversation covers many interesting topics such as: the benefits of practicing mindfulness in the courtroom, Mr.

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Ministry of Commerce and Industry Releases Draft Amendments to the Geographical Indication Rules, 2002

SpicyIP

Three years after the 2020 amendments to the Geographical Indication Rules, 2002 , the Ministry of Commerce and Industry (MoCI) published the 2023 draft amendments on October 20, inviting objections and suggestions from the relevant stakeholders. While the draft amendments were published sometime back, the relevant offices i.e. Department for Promotion of Industry and Internal Trade (DPIIT) and the Controller General of Patent, Designs and Trademark (CGPDTM) notified them on their website on Oct

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District Court Awards Sanctions for False RPI Identification

JD Supra Law

The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences.

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[Guest post] Reciprocity in copyright law

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the Swedish Patent and Market Court of Appeal’s recent referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling pursuant to Article 267 TFEU concerning the interpretation of Directive 2001/29/EC in the MIO case (C-580/23 ) [IPKat here ].

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Latest Federal Court Cases - October 2023 #4

JD Supra Law

Netflix, Inc. v. DivX, LLC, Appeal Nos. 2022-1203, -1204 (Fed. Cir. Oct. 25, 2023) In its only precedential patent opinion this week, the Federal Circuit issued a cautionary note to petitioners in inter partes reviews. Specifically, the Court affirmed a decision by the Patent Trial and Appeal Board that ruled a patent not invalid based on arguments as the Board understood them.

Patent 62
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U.S. Supreme Court Grants Certiorari to Decide Damages Period Under Copyright Act

LexBlog IP

The U.S. Supreme Court recently granted certiorari 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. Musician Sherman Nealy and his company, Music Specialist Inc. (collectively, “Nealy”), sued Warner Chappell Music, Inc. (“Warner”), for copyright infringement in the Southern District of Florida, alleging that Warner was using

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No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India

SpicyIP

Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to bring to you a guest post by Akshay Ajayakumar. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC).

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How Can Employees Recognize and Address Yelling and Harassment in the UAE?

LexBlog IP

Workplace harassment is a critical issue that affects employees’ well-being and can lead to a toxic work environment. The UAE’s labour laws play a crucial role in regulating employment relationships, ensuring employee well-being, and promoting a respectful, safe, and cooperative work environment. This article discusses the question of whether yelling at co-workers can be considered ‘harassment’ in the UAE workplace and how the law addresses this issue.

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Ethical Issues Related to Federal Court Discovery

CoCal IP Law Institute

Ethical Issues Related to Federal Court Discovery Many lawyers take a no-holds-barred view to discovery disputes. They are time-wasters, a hassle, and otherwise simply a pain. Opposing counsel always wants to destroy one's case, argue for documents and depositions that you know are irrelevant (or worse, likely to lead to a harder case for you [.

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White House Executive Order Ramps Up US Regulation of and Policy Toward AI

LexBlog IP

The US just catapulted into being the world leader on regulating AI. Bypassing Congress, the White house issued an Executive Order focusing on safe, secure and trustworthy AI and laying out a national policy on AI. In stark contrast to the EU, which through the soon to be enacted AI Act is focused primarily on regulating uses of AI that are unacceptable or high risk, the Executive Order focuses primarily on the developers, the data they use and the tools they create.

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CCC At Frankfurt Book Fair 2023

Velocity of Content

Language interfaces are going to be a big deal. That’s how Sam Altman , chair of OpenAI , put it when the company launched ChatGPT last November. Going to be a big deal? Definitely a big deal. At the 2023 Frankfurt Book Fair last week, the halls were alive with the sounds of AI. In the Frankfurt Studio, I moderated a panel discussion, “ Trained With Your Content ,” considering what limits should be placed on training Large Language Models (LLMs) and how to address concerns over equity

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ChatGPT nelle aule di tribunale: utile strumento di difesa o rischio eccessivo?

LexBlog IP

La suola rossa del noto brand Christian Louboutin, creata per la prima volta nel 1993 con un semplice smalto, incarna ormai un’icona nel mondo della moda, tanto che è stata registrata come marchio e viene tenacemente tutelata dal suo titolare. Di recente, Louboutin ha prevalso in due procedimenti promossi contro contraffattori dinanzi ai tribunali di India e Brasile, continuando una lunga serie di vittorie nelle aule di tribunale e contribuendo a consolidare la reputazione del brand n

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Mortgage Company Seeks FREEDOM From Alleged Trademark Infringement Suit

Indiana Intellectual Property Law

New Jersey Plaintiff, Freedom Mortgage Corporation , has filed a complaint against New Albany, Indiana Defendant, Freedompoint, LLC, for claims of trademark infringement and related unfair competition in the home mortgage and refinancing field. According to the complaint, the Plaintiff has owned and used several FREEDOM trademarks since December 1992, and its subsidiary ( Roundpoint Mortgage Servicing Corporation ) has owned and used ROUNDPOINT marks for the last 13 years.