Mon.Aug 14, 2023

article thumbnail

Hundreds of Crane Operators Accused of Cheating on Exams

Plagiarism Today

A recent lawsuit details a years-long scheme to cheat on certification tests for crane operators that involved hundreds of candidates. The post Hundreds of Crane Operators Accused of Cheating on Exams appeared first on Plagiarism Today.

article thumbnail

500 hundred trademark videos on erikpelton.tv

Erik K Pelton

We just reached a milestone last week : 500 videos in our YouTube channel over at www.erikpelton.tv ! The videos cover all trademark topics, from application to registration, searching to renewal, infringement to litigation. Take a look and subscribe on YouTube, and leave us a comment on your favorite one! We post at least one new video a week, usually more.

Trademark 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

3 Count: Music Archive

Plagiarism Today

Music labels sue Internet Archive over music library, Google negotiating with Universal over AI music and photo agencies want AI protection. The post 3 Count: Music Archive appeared first on Plagiarism Today.

Music 195
article thumbnail

Judges Issue Standing Orders Regarding the Use of Artificial Intelligence

JD Supra Law

The impact of generative artificial intelligence (AI) is unsurprisingly significant in the field of education, with some teachers and professors responding by instituting oral examinations, handwritten essays, or requiring that first drafts of written material can only be composed on "locked down" computers with no access to AI tools. But as the education system (as just one example) is wrestling with the implication of these tools, so is the legal community.

98
article thumbnail

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?

article thumbnail

Precedential No. 21: TTAB Rules That Sur-Sur-Rebuttal Expert Reports Are Never Permitted

The TTABlog

In this consolidated opposition proceeding involving, inter alia , Applicant Coulter Venture's mark MONSTER LITE for weight lifting equipment, the parties served four expert reports: an initial report by Monster ("MEC"), a rebuttal report by Coulter, a sur-rebuttal report by MEC, and then a sur-sur-rebuttal report by Coulter. The Board granted MEC leave to serve its sur-rebuttal repor, but limited it to a critique of Coulter's report.

article thumbnail

Melodies And Machines: Copyright Challenges With AI Music

JD Supra Law

An AI-synthesized bop went viral recently when Drake and The Weeknd seemingly collaborated to sing “Heart On My Sleeve.” In response to the track taking the internet by storm, music industry giant Universal Music Group (“UMG”) sent urgent letters to streaming platforms, including Spotify and Apple Music, asking them to block AI companies from collecting melodies and lyrics from copyrighted songs to create new AI-generated songs, citing a “moral and commercial responsibility” to prevent.

Music 98

More Trending

article thumbnail

Of policy space and actors in the policy space: The role of courts in developing countries in IP policymaking

The IPKat

Anyone working in the field of IP law from developing countries particularly on the African continent understands the tension between IPRs and access to IP-protected materials based on human rights imperatives. Even if only from a development perspective, the socio-economic context and needs of citizens in developing vs developed countries differ in significant respects.

IP 95
article thumbnail

Court to Revisit Fair Use in Tattoo Infringement Case

Copyright Lately

Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Fifteen minutes of fame, meet permanent ink. A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

article thumbnail

Mastering Social Media for Artists: Strategies to Gain a Competitive Edge

Art Law Journal

Explore the undeniable impact of social media for artists. Dive deep into advanced tactics that blend artistry with digital strategies, all rooted in human psychology. Discover how artists can elevate their online presence, resonate with their audience, and leave an indelible mark in the digital gallery of the world.

article thumbnail

LawTuber Loses Defamation Case–Broughty v. Bouzy

Technology & Marketing Law Blog

Broughty, using an alias, runs the “ Nate the Lawyer ” channel, part of the LawTube community, with over a quarter-million followers and 27M views. Like many other LawTubers, he sided against Heard in his coverage of the Johnny Depp/Amber Heard trial. Bouzy is CEO of Bot Sentinel, which claims it is a “non-partisan platform developed to classify and track inauthentic accounts and toxic trolls.

article thumbnail

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.

article thumbnail

'Lord Of The Rings' Fan Writer's $250M IP Suit Shall Not Pass

IP Law 360

A California federal judge on Monday tossed a fan-fiction writer's $250 million copyright infringement lawsuit alleging Amazon Studios and J.R.R. Tolkien's heirs ripped off his sequels to "The Lord of the Rings," finding his books aren't copyright-protected because they were "lifted lock, stock and barrel" from the hit fantasy series.

article thumbnail

SDNY: Justiciable Controversy over Brazilian Bum Bum Cream

LexBlog IP

Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, No. 1:2022cv07719 – Document 65 (S.D.N.Y. 2023): Text of decision in Apollo Health v Sol de Janiero here.

article thumbnail

Software Co. Owed $3M Production Tax Break, 7th Circ. Told

IP Law 360

A Wisconsin-based health care software company asked the Seventh Circuit to reverse a decision that denied it nearly $3 million in tax deductions for developing software in the U.S., saying the lower court had mischaracterized its product as an e-commerce service for nursing homes.

75
article thumbnail

Protecting Your Brand: How to Remove Counterfeits from eBay

Corsearch

Whether you have an established presence on eBay to protect or want to ensure that the only products listed by third-party sellers are genuine, it’s critical to actively monitor and enforce against counterfeits. By following a series of steps, you can safeguard your brand reputation and prevent consumers from being misled. In this blog post, we share a step-by-step guide on how you can remove counterfeits from eBay manually.

article thumbnail

Fed. Circ. Affirms Apple Defense Win In Wireless Tech IP Row

IP Law 360

The Federal Circuit has backed a ruling handing Apple a win in a suit claiming its Airpods and Beats headphones infringe a pair of patents owned by a headphone company, agreeing with the lower court's construction of a key patent term.

IP 75
article thumbnail

You Can Trademark a Sound?

LexBlog IP

Yes, sometimes a sound is so closely associated with a business or is intended to be such a brand identifier it can be trademarked. To qualify to be registered as a trademark, the sound must be used or intended to be used as a brand identifier – something that consumers will hear and recognize as being connected with a particular brand and only that particular brand.

article thumbnail

Catching Up With Delaware's Chancery Court

IP Law 360

Chancery Court gave AMC Entertainment the go-ahead on a stockholder settlement, slowed down a railroad dispute and vetted new suits from shareholders of US Bancorp, Fisker and Amazon. In case you missed any of it, here's the latest from Delaware's Chancery Court.

article thumbnail

Show me the money

Likelihood of Confusion

Copyright is happening all over the place! Now, a slight digression from the stemwinder I’m about to release here on fee shifting in copyright cases. I’m going to “hook it. The post Show me the money appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

This Week in Washington IP: Changes at the PTAB and How to Use the Copyright Claims Board

IP Watchdog

This week in Washington IP news, Congress is about halfway through its summer recess, but events in Washington continue even if there isn't much IP related going on. The Information Technology & Innovation Foundation (ITIF) debates how the FAA could facilitate more commercial drone innovation, the United States Patent and Trademark Office (USPTO) offers an overview of upcoming changes at the Patent Trial and Appeal Board (PTAB), and the Copyright Office will walk attendees through the basic

IP 52
article thumbnail

Coimisiún na Meán publishes notice of the designation of video-sharing platform services under the OSMR

LexBlog IP

Following the consultation , the Coimisiún na Meán ( CnaM ) has today, 14 August 2023, published notice of the designation of video-sharing platform services ( VSPSs ) as a category of relevant online services the providers of which are under the jurisdiction of Ireland. This designation becomes effective on 11 September 2023. CnaM must designate VSPSs as a category of relevant online services under Section 139G of the Broadcasting Act 2009 as amended by the Online Safety and Media Reg

Designs 52
article thumbnail

Last Week In The Federal Circuit (July 31 – August 4): Federal Circuit Reminds To Focus On The Claims

JD Supra Law

This week’s case of the (recent) week could serve as a crash course in several areas of patent law. It touches on Hatch-Waxman litigation and the Orange Book, claim construction, anticipation/obviousness, written description and enablement, infringement, induced infringement, and a parallel IPR proceeding.

article thumbnail

Understanding Patent Evaluation Reports in China

LexBlog IP

Understanding Patent Evaluation Reports in China by Founders Legal Understanding Patent Evaluation Reports: A Crucial Tool for Patent Owners in China An in-depth look at the Patent Evaluation Report (PER) system in China, its applications, and the critical considerations for patent owners, parties of interest, and accused infringers. With the surge in utility model and design patent applications in China, the role of Patent Evaluation Reports (PER) has become increasingly significant.

article thumbnail

Minnesota Patent Litigation Wrap-Up: Q2 2023

JD Supra Law

This post continues our summary of substantive orders in patent litigation in the District of Minnesota. It includes a judgment on the pleadings in Hatch-Waxman cases and a declaratory judgment of invalidity.

article thumbnail

The Practical Approach to Business Partnership Disagreements

LexBlog IP

When a couple that is in love decides to get married no one wants to think about how it might end in divorce, but to protect their assets sometimes a pre-nuptial agreement is necessary. No one should avoid making major business moves while they are in the honeymoon phase because the future is ultimately unpredictable—this is just as true for business partnerships as it is for traditional marriages.

article thumbnail

More Alleged Infringement of Chandelier Designs Come to Light in the Southern District of New York

JD Supra Law

Plaintiff alleges infringing sales also breached exclusive manufacturing agreement - New York corporation Hudson Furniture, Inc. claims a former manufacturer violated Federal and state law by selling and offering for sale lighting products with patented “dramatic, dynamic” designs “recognized and appreciated as Hudson pieces.”.

Designs 52
article thumbnail

What Business Owners Need to Know About the Corporate Transparency Act

LexBlog IP

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021. Congress passed this as an attempt to better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other illicit activity.

article thumbnail

Specific knowledge is necessary for online marketplaces to be liable

JD Supra Law

Atari Interactive Inc. and fashion retailer Y.Y.G.M., which owns Brandy Melville, accused Redbubble of knowingly selling products that infringe on their trademarks and of failing to take action to prevent the alleged misconduct. After an unfavorable decision, Atari and Brandy urged a Ninth Circuit panel to reverse a trial court ruling that found in favor of Redbubble, but led to inconsistent and contradictory findings on contributory infringement.

article thumbnail

UK Law Firm Guides Payments Biz To Buy IP Rights Of US Co.

IP Law 360

A British digital payments company said Monday that it has agreed to acquire the intellectual property rights of a U.S. software company in a deal valued at approximately £6.8 million ($8.6 million) and guided by a London law firm, Chan Neill Solicitors LLP.

Law 52
article thumbnail

Alert: PTAB IPR Replies – How far is too far?

JD Supra Law

Today, in a precedential decision, the Federal Circuit provided guidance regarding the acceptable breadth of a Reply in an inter partes review proceeding. Rembrandt Diagnostics, LP v. Alere, Inc., Case. No. 21-1796 (Aug. 11, 2023). The court discussed instances in other cases in which the Petitioner had gone too far, and the Board had properly excluded the new theories in the Reply.

52
article thumbnail

Meta Claim Construction: Finding Meaning in the Meaning

Patently-O

by Dennis Crouch One-E-Way, Inc. v. Apple Inc. , 22-2020 (Fed. Cir. Aug. 14, 2023) (nonprecedential) (Opinion by Chief Judge Moore, joined by Judges Lourie and Stoll). The district court sided with Apple on summary judgment, finding no infringement. On appeal, the Federal Circuit has affirmed, holding that Apple’s accused Bluetooth products do not infringe One-E-Way’s patents.

Patent 52
article thumbnail

UK Immigration: Updates to Fines for Illegal Working and Renting

JD Supra Law

On Monday, 7th of August 2023, the Home Secretary announced a substantial increase to the fines an employer or landlord may incur if they are found to be employing or renting to an individual who does not hold appropriate immigration permission. This is the first change to these regulations since 2014 and will come into force at the start of 2024.

52
article thumbnail

The Choice Of Law Debate In Copyright Infringement

IP and Legal Filings

Introduction Private International Law governs the disputes between two individual parties rather than States. Unlike Public International Law that has a defined jurisdiction and law, Private International Law lacks in that area. There are no stipulated courts or arbitration centers like ICJ, ICC or PCA where such matters can be heard. Since these cases deals with parties from various jurisdictions, there is no clarity on the laws that would be applicable in such disputes.

article thumbnail

Patent Poetry: Ninth Circuit: Specific Knowledge Needed to Prove Contributory Trademark Infringement

JD Supra Law

The US Court of Appeals for the Ninth Circuit has found that specific knowledge is required for liability in a case of contributory trademark infringement. The case is Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc., Case Nos. 21-56150; -56236 (9th Cir. July 24, 2023).

article thumbnail

Jeff Jarvis on “The Gutenberg Parenthesis”

Velocity of Content

Journalism professor and book author Jeff Jarvis recalls that early in his own writing and publishing career, he wrote on typewriters and saw his story set in hot metal linotype. With titles like What Would Google Do? and Geeks Bearing Gifts, though, the books Jarvis writes today make obvious how much has changed since those days. Indeed, in his new book, The Gutenberg Parenthesis, Jarvis places us outside the era of print and beyond the world that print created.

article thumbnail

Who (If Anyone) Owns AI-Generated Content?

JD Supra Law

Whose content is it anyway? This is one of the questions that many hope will be answered by a federal court in Thaler v. Perlmutter. In June 2022, computer scientist Dr. Stephen Thaler sued the U.S. Copyright Office to redress the denial of his application to register copyright in his AI system’s visual output under the Office’s “Human Authorship Requirement.