Thu.Jan 11, 2024

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US Copyright Office Proposes New Collective Registration for News Sites

Plagiarism Today

The United States Copyright Office has proposed a new registration process for news sites. Here's why many should be wary. The post US Copyright Office Proposes New Collective Registration for News Sites appeared first on Plagiarism Today.

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3 Things I’ve Learned Teaching Trademarks

Erik K Pelton

The following is an edited transcript of my video 3 Things I’ve Learned Teaching Trademarks I’ve been teaching for the last few years at Howard University School of Law, where I teach and supervise the trademark clinic course. In addition, I have taught many webinars and other courses on a variety of trademark topics. I want to share three things that I’ve learned teaching about trademarks.

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3 Count: DMCA Surge

Plagiarism Today

News organizations testify before Senate against AI, Google sees DMCA takedown surge and Pink Floyd releases recordings to protect copyright. The post 3 Count: DMCA Surge appeared first on Plagiarism Today.

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No AI FRAUD Act Would Create IP Rights to Prevent Voice and Likeness Misappropriation

IP Watchdog

Today, U.S. Representatives María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) introduced the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act of 2024 to create legal mechanisms by which Americans can prevent unauthorized uses of their likenesses and voices by generative AI platforms. The bill seeks to provide for intellectual property (IP) rights in an individual’s voice and likeness as well as remedies including statutory damages and disgorged profits

IP 142
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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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Meta Admits Use of ‘Pirated’ Book Dataset to Train AI

TorrentFreak

In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component as well.

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U.S. Copyright Office Activities in 2023: A Year in Review

Copyright Alliance

In 2023, like the rest of us who toil in copyright and creativity, the U.S. Copyright Office was also laser focused on the impact of AI on copyright. Last week, […] The post U.S. Copyright Office Activities in 2023: A Year in Review appeared first on Copyright Alliance.

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More Trending

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Tokenization of IP assets

Olartemoure Blog

In recent years, the concept of tokenization of assets has gained a lot of attention in the business world. Tokenization refers to the process of creating digital tokens that represent ownership of an asset. The assets can be physical or digital, and tokenization allows for fractional ownership of assets, making it easier for investors to buy and sell them.

IP 104
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Film Companies and Reddit Clash Again in Court over Anonymous Piracy Comments

TorrentFreak

Millions of people regularly pirate movies and music. While this is against the law, most don’t get into trouble. Some people feel so comfortable about their piracy habits that they openly discuss them online. On Reddit , for example, where most people use a semi-anonymous handle. Admissions of anonymous Redditors typically go unnoticed by copyright holders and, even when observed, it’s rare for companies to take matters further or ask any questions.

IP 98
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Building the Future of Technology with Girls Who Code

Velocity of Content

CCC’s internal Diversity, Equity, and Inclusion (DEI) Employee Resource Group recently launched a pilot Girls Who Code team at the elementary school level. Girls Who Code is an international nonprofit organization working to close the gender gap in technology, and is leading the movement to inspire, educate, and equip students who identify as girls or nonbinary with the computing skills needed to pursue 21 st century opportunities.

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The New York Times v. OpenAI: The Biggest IP Case Ever

JD Supra Law

On December 27, 2023, the New York Times filed a complaint in the Southern District of New York against Microsoft and OpenAI, alleging massive copyright infringement. This promises to be the most high-stakes intellectual property litigation ever. How high are the stakes?

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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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Scent As A Signature: Examining the Role Of Smell In Trademark Recognition

IP and Legal Filings

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Trademarks are traditionally considered to be connected with visual elements that include logos, brand names, as well as packaging however, the field of trademarks has widened and it includes non-traditional marks, such as smells, sounds, colors etc.

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Emerging Risks Affecting The Tech Legal Landscape

JD Supra Law

In an era dominated by technological advancements, the tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class actions. As tech companies continue to push the boundaries of innovation, they find themselves navigating a complex legal landscape.

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UCC Trivia Quiz: Test Your Knowledge!

Cogency Global

What this is : This UCC trivia quiz is designed to test and enhance one’s UCC filing knowledge for both novices and experts to assess and improve their understanding. What this means : It’s a learning tool for professionals who prepare and file UCC filings that not only challenges one's current knowledge but also offers insight into less familiar aspects of UCC practices.

Designs 74
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Managing Third-Party Risk: Strategies for 2024 and Beyond

JD Supra Law

2024 is expected to bring about significant changes in the technology and business landscape, providing organisations with new opportunities as well as challenges. As businesses continue to increase their reliance on third-party software and services, effective third-party risk management will remain critical for maintaining business continuity. In this article, we reflect on the previous year, outline our expectations for 2024, and provide insight into how organisations can effectively manage.

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Ninth Circuit Confusion About Moderators and Section 230–Quinteros v. Innogames

Technology & Marketing Law Blog

I previously blogged this case in 2022. I summarized: This lawsuit involves the freemium videogame “ Forge of Empires.” The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game. She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. She also claims that she was harassed by in-game moderators who are “volunteers” but compensated with extra in-game privileges and currency.

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Patent Claims Directed to Oil-and-Gas Drilling Systems Upheld as Patent Eligible

JD Supra Law

A court in the District of Colorado recently denied dismissal of patent infringement claims, holding that the asserted claims directed to plunger lift systems for cultivating natural gas from an oil-and-gas well are patent eligible under 35 U.S.C. § 101. The court held that the method claims did not recite an abstract idea because the claims are directed to an intended result.

Patent 73
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Nonpracticing Entity Cases Plummeted By 30% In 2023

IP Law 360

Patent litigation involving nonpracticing entities dropped by 30% in 2023 compared to the previous year due to an overhaul in judge assignment practices in the Western District of Texas and a pause in new suits from a patent monetization firm after a Delaware judge pressured the firm over corporate disclosures, according to a new report.

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In re Entresto (Sacubitril/Valsartan) Patent Litigation - Entresto® (Sacubitril/Valsartan)

JD Supra Law

Case Name: In re Entresto (Sacubitril/Valsartan) Patent Litigation, C.A. Nos. 19-1979, 19-2021, 19-2053, 2023 WL 4405464 (D. Del. July 7, 2023) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: Entresto® (sacubitril/valsartan); U.S. Patent No. 8,101,659 (“the ’659 patent”).

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French domain name registrar transfers rights to domain name based on posterior GI registration

The IPKat

In a recent decision, AFNIC, the French country-code top-level domain name registrar, transferred the rights to the domain name ‘porcelainefrancaisedelimoges.fr’ to the owners of the French geographical indication (GI) ‘Porcelaine de Limoges’ (decision FR-2023-03612 ). Background In 2014, France introduced a national system of GI protection for craft and industrial products ( Law No. 2014-344 of March 17, 2014 – the 2014 Law) [ IPKat here ].

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ITC Monthly Wrap-Up: December 2023

JD Supra Law

This month’s ITC Wrap-Up reviews a recent investigation exploring exemptions to the Commission’s remedial orders. Certain Wet Dry Surface Cleaning Devices, Inv. No. 337-TA-1304, Final Determination (Dec. 18, 2023).

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Kroger Asks SCOTUS to Fix Circuit Inconsistencies in Likelihood of Confusion Analysis

IP Watchdog

Relish Labs LLC and the Kroger Company (who own the “Home Chef” brand and mark) petitioned the U.S. Supreme Court this week, asking the Justices to review a decision by the U.S. Court of Appeals for the Seventh Circuit that held Home Chef had not proven consumers were likely to confuse their marks with Grubhub and Takeaway.com's logo.

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The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

JD Supra Law

“Headlines” and “titles” are related, sometimes interchangeable, items appearing atop news stories. But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that may interest more than just IP attorneys), and titles a bit of fun (so we can draw in those looking for a bit of lightness amid more serious legal analysis).

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Patent Filings Roundup: A Light Week to Kick Off the New Year

IP Watchdog

The first week of 2024 was a light one for patent filings. The Patent Trial and Appeal Board (PTAB) had a slightly below average 21 new petitions—all petitions for inter partes review (IPR), while there were only 34 new filings in district court. The PTAB saw new IPRs filed against Advanced Coding (filed by Samsung), XR Communications (filed by Ericsson) and Semiconductor Design (filed by Cadence Design Systems).

Patent 59
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(Un)fair Use? Copyrighted Works as AI Training Data — AI: The Washington Report

JD Supra Law

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the continued contentious matter of the use of copyrighted works as training data for AI models, the potential issues this practices raises, and parallel efforts currently underway to resolve these dilemmas.

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Harrity & Harrity is Seeking a Patent Prosecution Professional – Semiconductors

IP Watchdog

Harrity & Harrity, LLP employs superstar patent professionals to prepare patent applications for leading global technology companies. We are currently looking for a patent preparation and prosecution attorney or agent, specifically in semiconductor technology areas, to join our team. This position is 100% remote, flexible schedule, and full-time (1600+ hours).

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Flag on the Play: 2023 NIL Wrapped

JD Supra Law

Reviewing the Major Plays of 2023 - This past year saw major developments in the world of college sports. From challenges to name, image and likeness (NIL) contracts to congressional hearings to proposed NCAA guidelines, 2023 set the field for a new year ripe for resolution and possibly more challenges.

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NJ Judge Not Convinced Epidiolex Seller Lied To USPTO

IP Law 360

A New Jersey federal judge on Thursday dismissed allegations that 19 Jazz Pharmaceuticals patents covering its epilepsy treatment Epidiolex aren't enforceable, saying there's no evidence that the company lied to the patent office to dodge higher fees.

Patent 52
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In the Wake of the Amgen Decision, the USPTO Will Continue To Use the Wands Factors when Evaluating Enablement

JD Supra Law

In the wake of the U.S. Supreme Court’s decision in Amgen Inc. v. Sanofi, 598 U.S. 594 (2023) (Amgen), in which the Court addressed whether Amgen’s functional antibody genus claims satisfy the enablement requirement, the U.S. Patent and Trademark Office (USPTO) released its guidelines for evaluating enablement.

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Lions Sued Over Photo Used To Design Barry Sanders Statue

IP Law 360

A photographer on Thursday accused the Detroit Lions of copyright infringement for using his nearly two decades-old photo of legendary running back Barry Sanders as a basis for a statue erected last year, which his lawsuit filed in New York federal court says recreated all the details of the picture.

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IP Primer Series: Do I Need to Register for Copyright Protection?

JD Supra Law

Intellectual property laws can be confusing and overwhelming. To help you navigate this complex web, we offer an IP primer series to share the foundations of intellectual property laws, including patents, trademarks, copyrights, and trade secrets.

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Nintendo Must Face Both Patent Claims In Tech IP Row

IP Law 360

A Washington federal judge has rejected Nintendo's attempt to throw out one of two patent infringement claims from a California technology company over its Switch and Switch Lite consoles, finding that the patent in question was directed toward an inventive concept despite Nintendo's assertions.

Patent 52
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Patent Case Summaries | Week Ending January 5, 2024

JD Supra Law

DexCom, Inc. v. Abbott Diabetes Care, Inc., et al., No. 2023-1795 (Fed. Cir. (D. Del.) Jan. 3, 2024). Opinion by Stoll, joined by Dyk and Hughes. DexCom and Abbott are competing manufacturers of continuous glucose monitoring systems. After years of patent litigation, they entered into a settlement and license agreement. The agreement included mutual covenants not to challenge each other’s patents during a “Covenant Period.

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Fed. Circ. Affirms PTAB Ax Of Flash Drive Patents

IP Law 360

The Federal Circuit on Thursday backed a pair of Patent Trial and Appeal Board decisions that invalidated claims of Swiss inventor Martin Kuster's patents on flash drives that can be incorporated into Swiss Army knives.

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Alexa: What Is Plain and Ordinary Meaning?

JD Supra Law

Is “milk” an item, or just a word? This question, among others, is set to be answered on January 12, 2024, as Freshub Inc. (Freshub) and Amazon.com, Inc. (Amazon) argue before the Federal Circuit (Nos. 22-1391, 2022-1425). A jury found that Amazon’s Alexa Devices do not infringe Freshub’s voice recognition patents. The key issue on appeal is the proper roles of the parties and the district court at trial when infringement turns on the meaning of a claim term that has not been construed.

Patent 65
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Divorce Pauses Husband, Wife IP Row Over Insurance Co.

IP Law 360

The North Carolina Business Court halted a lawsuit alleging the husband of an insurance agency owner stole her business records to benefit his newly formed company while keeping $3 million meant for her, reasoning the case will be affected by divorce proceedings the two are going through.

IP 52