Thu.Jul 08, 2021

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GitHub, Copilot and the Copyright Around AI

Plagiarism Today

In late June, GitHub, a popular code development tool owned by Microsoft, announced the launch of a new AI tool , Copilot , that it says can help users create new code. On the surface, Copilot seems like a very impressive tool. Users coding in GitHub can be presented blocks of code to solve specific problems that they are trying to solve. The AI looks at the code the programmer is writing, determines what that person is trying to do, and then suggests code to meet that goal.

Copyright 199
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Iconic Timberland Boots — Trade Dress Worthy?

Patently-O

by Dennis Crouch. Timberland has been selling its iconic boots back in 1973 – almost 50 years ago. Actually, at the time the company name was Abington Shoes, but quickly changed its name to Timberland Boot because of the popularity. Timberland did not patent or register a copyright the design, and the market it rife with copycat boots. Over the past several years, Timberland has been attempting to register the shape of the boots as protectable trade dress.

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Trending Sources

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Call for Internship: DPIIT- IPR Chair at Gujarat National Law University  [Apply by July20]

SpicyIP

We’re pleased to inform you that the DPIIT IPR Chair at Gujarat National Law University (GNLU), Gandhinagar is inviting applications from law students for an online internship. For further details, please see the announcement below: DPIIT- IPR Chair | Gujarat National Law University . Call for Internship. Logo of the Gujarat Law National University (GNLU), Gandhinagar.

Law 105
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Dismissal on the Pleadings — for Indefiniteness

Patently-O

DataCloud Techs v. SquareSpace (D.Del. 2021). Eligibility and indefiniteness are both judged primarily as questions of law, although both can occasionally depend upon some underlying factual finding. And, even when questions of fact are at issue, it is a judge (rather than a jury) that hears the evidence and determines the facts. In recent years, eligibility determinations have moved forward in the litigation context and become a true “threshold test.” See Bilski v.

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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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Biden to Ban Non-Competes?

Trading Secrets

The Biden Administration plans to issue an executive order calling on the Federal Trade Commission (FTC) to adopt rules to limit the use of noncompete clauses in employment agreements. According to Axios , White House Press Secretary Jen Psaki told reporters that “roughly half of private sector businesses require at least some employees to enter noncompete agreements, affecting over 30 million people.

Reporting 105
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A lawyer walks into a cannabis shop

JD Supra Law

It was my first day as President and Counsel of Hershey Chocolate & Confectionery Corporation. Armed with a shiny new corporate credit card, I strolled into a cannabis dispensary and prepared to buy some marijuana. No, I wasn’t stressed about my new job; I was on the hunt for cannabis infused candy knocking off Hershey’s iconic brands. On my first stop, I found exactly what I was looking for, a chocolate bar that had the identical shape and 3x4 grid configuration of the classic HERSHEY’S bar

Branding 102

More Trending

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Pharma fears ‘slippery slope’ of COVID IP waiver

Managing IP

Innovators are wary that the waiver could set a precedent for eroding IP rights for indications like diabetes and other communicable diseases

IP 98
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Estate Planning for Visual Artists: The Sooner The Better

Art Law Journal

Audra Lambert. Estate Planning has some special considerations not found in traditional estate planning. Find out why it is best to begin planning for your legacy.

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Microsoft Issues Emergency Software Update for PrintNightmare Zero Day Vulnerability

LexBlog IP

Following the release of a U.S. Cybersecurity & Infrastructure Security Agency (US-CERT) Coordination Center VulNote “for a critical remote code execution vulnerability in the Windows Print spooler services” on June 30, 2021, Microsoft issued new guidance for the vulnerability (CVE-2021-34527) on July 1, updated guidance on July 2, 2021, and an emergency patch on July 6, 2021.

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Champion a Pride-full Workplace through Diversity and Inclusion

Legal Zoom

Supporting diversity should be a year-round enterprise. In this month devoted to celebrating the LGBTQIA+ community, we offer inspiration for making the workplace more supportive and inclusive every day.

76
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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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Unsigned, Sealed, Delivered: PTO Eliminates Handwritten Signatures for Certain OED Correspondence and Credit Card Payments

JD Supra Law

The US Patent & Trademark Office (PTO) eliminated the requirement for original handwritten signatures on certain correspondence with the Office of Enrollment and Discipline (OED) and on certain payments made to the PTO by credit card. The handwritten signature requirements of 37 CFR § 1.4(e) were deleted effective July 2, 2021.

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How to Advocate for LGBTQ+ Businesses Year-Round

Legal Zoom

Supporting LGBTQ+ businesses during June — Pride month — is all well and good, but it's also important to buy from and boost this community of entrepreneurs, and those companies that advocate for them, all year round.

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PATENT 101: Key Considerations and Activities for Establishing a Patent Program (Part 1 of 3)

JD Supra Law

Tasked with starting an innovation protection and patent development program at your company but do not know where to begin? This three part series describes the key components to a patent development program for any company, small or large. This first installment in the series describes establishing the infrastructure and processes within a company to support and grow a successful patent development program.

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Signs You're Building Generational Wealth—and What to Do if You're Not

Legal Zoom

Generational wealth doesn't have to be unreachable if you invest thoughtfully and properly prepare your estate, whatever your income level.

81
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Copyright Hygiene for Digital Content Creators

Velocity of Content

Part I: Bloggers and the DMCA. In March, 2019, the US Supreme Court released its decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com , clarifying that – for the purposes of bringing infringement actions before a court – copyright registration of a work is not “complete” until the registration certificate for it comes back from the Copyright Office (to the person or entity who sent in the registration).

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How to File Business Taxes for Your Small Business

Legal Zoom

Entrepreneurship comes with many responsibilities—including filing business taxes. Here's what you need to know about tax filing for your small business.

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Leveraging Intellectual Property to Mitigate Web Spoofing, Phishing Attacks, and other Deliberate Acts of Confusion on the Internet

JD Supra Law

While phishing has been around for years, cybercriminals continue to become more sophisticated and their fraud schemes more robust and well-orchestrated. Website spoofing – where a cybercriminal sets up a fake website that mirrors a trusted site – is often a key component of phishing attacks. The fake website domain name may be sent to victims through email, social media, or advertising efforts to entice them to visit the site.

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Building Community and Equity Through Black-Owned Businesses

Legal Zoom

Small businesses and entrepreneurs can play a significant role in promoting equity and inclusion, while fostering black entrepreneurship.

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Venue Manipulation Obviates Geographically Bounded Claims in Venue Analysis

JD Supra Law

The US Court of Appeals for the Federal Circuit issued a rare grant of two mandamus petitions directing the US District Court for the Western District of Texas to transfer the underlying patent infringement actions to the US District Court for the Northern District of California pursuant to 28 U.S.C. § 1404(a). In re: Samsung Elecs. Co., Ltd., Case Nos. 21-139, -140 (Fed.

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New SPC data demonstrates the commercial power of patent extension rights in Europe

IAM Magazine

A recent report into supplementary protection certificates provides crucial insights for IP strategists and policy-makers.

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Don’t Let Prophetic Examples Work Against You

JD Supra Law

On July 1, 2021, the US Patent & Trademark Office (PTO) issued a notice reminding patent applicants that when their applications contain both prophetic and working examples, they must make a clear distinction between the two.

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Making a Reverse Calendar: Planning Backward for a Year of Holiday Sales

Legal Zoom

Consider using a reverse calendar to make the most of holiday sales during the fourth quarter or throughout the year.

76
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Getting a Gig: Building a Client List

Art Law Journal

Building and maintaining a client list is an essential part of nurturing and growing a freelance career. Find out how to create and build your artistic contacts. The post Getting a Gig: Building a Client List appeared first on Art Business Journal.

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Biden to Ban Non-Competes?

LexBlog IP

The Biden Administration plans to issue an executive order calling on the Federal Trade Commission (FTC) to adopt rules to limit the use of noncompete clauses in employment agreements. According to Axios , White House Press Secretary Jen Psaki told reporters that “roughly half of private sector businesses require at least some employees to enter noncompete agreements, affecting over 30 million people.

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Little IP

Likelihood of Confusion

Pennywit writes in: Seems to be a minor discussion of elfin IP over at Volokh Conspiracy (look in the comments). I’m curious — even if the elves own the process. The post Little IP appeared first on LIKELIHOOD OF CONFUSION™.

IP 52
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Will Suns Fever Bring Copyright Concerns?

LexBlog IP

It’s a common thread in IP stories that fans — those passionate, dedicated individuals that make up the core constituency of any successful product, particularly in entertainment — don’t know and often don’t care all that much about trademarks and copyrights when it comes to their fandom. The law surrounding IP isn’t something that most people are all that familiar with in the first place, and in the heat of their passion they’re not about to go digging

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USPTO Trademark Webinars For Small Businesses

JD Supra Law

Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” The series appears to be tailored to small business owners and entrepreneurs and is broken up into eight modules focused on discrete topics.

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Genentech and Centus Settle Bevacizumab Litigation

LexBlog IP

On November 12, 2020, Genentech filed a complaint in the Eastern District of Texas alleging that the Centus Biotherapeutics, Ltd., Fujifilm Kyowa Kirin Biologics Co., Ltd., Fujifilm Corp., and Kyowa Kirin Co, Ltd. (collectively, Centus) proposed biosimilar to Genentech’s AVASTIN (bevacizumab) product infringes 10 U.S. patents. Yesterday, the parties filed a Joint Motion to Stay All Deadlines and Notice of Settlement.

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Name, Image, Likeness, And Interplay With Intellectual Property

JD Supra Law

Many professional athletes know the benefits of using their name, image, and likeness (“NIL”) for commercial purposes. For many, this serves as a lucrative enterprise outside their actual sporting arena where athletes, for instance, may use their image to promote/endorse a product.

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Intent-to-Use Trademark Application: Comprehensive Guide

LexBlog IP

Home » Blog. A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. File an Intent-to-Use trademark application if you: (1) are not using your trademark in commerce; (2) are concerned about someone taking your mark; or (3) meet all three of the clearly defined Intent-to-Use requirements discussed below.

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News from Abroad: European CVC CRISPR Patent Revoked Because of Invalid Priority Claim

JD Supra Law

While many patiently await developments in the pending U.S. interference proceedings relating to the CRISPR patents in the U.S., matters are progressing in Europe. The Opposition Division (OD) of the European Patent Office (EPO) has just issued (on June 29, 2021) its written decision in the case of EP3241902, owned by the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively termed "CVC").

Patent 52
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Counsel show no neutrality over proposed Swiss patent reform

Managing IP

Sources from Nestlé, Novartis and Siemens clash over proposals to introduce full examination to the Swiss patent regime

Patent 64
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Is your funded medical device startup actually a “large entity” according to the USPTO?

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) allows a patent applicant to pay reduced fees if it qualifies as a “small entity.” Many types of filing fees are reduced by 50%. These savings can be important for companies on a tight budget, and can add up where applicants have multiple filings. .

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Recommended Reading: The Trademark Reporter, May-June 2021 Issue

The TTABlog

Here's a bit of beach reading for your summer vacation: the May-June 2021 (Vol. 11 No. 3) issue of The Trademark Reporter (TMR). [pdf here ]. Editor-in-Chief Willard Knox summarizes the contents, below. In this issue, we offer readers a remembrance of former TMR Editor-in-Chief Clifford W. Browning; an article by two survey experts on Eveready surveys, with original research; and an article exploring the long-running dispute over the HAVANA CLUB trademark.

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Court of International Trade Issues Preliminary Injunction in Unprecedented Section 301 Litigation

JD Supra Law

Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’ unliquidated entries from China that are subject to Section 301 duties under so-called “List 3” and “List 4A.” Because this decision will affect the entries from China for the more than 6,500 plaintiffs who have already filed suit, as well as other businesses that may be considering entering the case, Akin