Hugh Stephens Blog
JULY 28, 2023
I will confess to having kept a diary for many years. What started out as a way to keep track of holidays and so on became a persistent habit that I have been unable to break to this day.
Plagiarism Today
JULY 25, 2023
The state of North Carolina has repealed Blackbeard's law, which claimed copyright in certain works. However, the deeper issues remain. The post Scuttling Blackbeard’s Law appeared first on Plagiarism Today.
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Creative Law Center
JULY 22, 2023
Legal challenges to generative AI are on the rise. This post, an AI litigation update, is a snapshot in time looking at what is going on in two of the active cases. The post AI Litigation Update appeared first on Creative Law Center.
TorrentFreak
JULY 8, 2023
Traditionally, when copyright holders go after pirate sites, their main mission is to shut them down permanently. This strategy has resulted in the demise of thousands of websites over the past two decades. In some cases these shutdowns are easy, only requiring a cease and desist order to be delivered to the owner’s home address. In others, disputes can escalate into prolonged legal battles where judges or juries have the final say.
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?
The IPKat
JULY 9, 2023
Under EU trade mark law, there is no express freedom of expression-based defence. But can third-party freedom of expression be safeguarded through the way in which the infringement test, notably the test for trade marks with a reputation and the notion of "due cause" (Article 9(2)(c) EUTMR ; Article 10(6) and (2)(c) EUTMD ), is construed? Freedom of expression is a fundamental right guaranteed under both Article 10 ECHR and Article 11 of the EU Charter.
IP Watchdog
JULY 6, 2023
On the evening of July 5, inventor advocacy group US Inventor hosted a webinar to discuss the Patent Eligibility Restoration Act (PERA) recently introduced into the U.S. Senate by Senators Thom Tillis (R-NC) and Chris Coons (D-DE). The featured guest speaker was Retired U.S. Court of Appeals for the Federal Circuit Chief Judge Paul Michel, who has been involved in the development of PERA’s draft legislative text and has personally supported PERA as an important step in “reviv[ing] the faltering
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
JULY 27, 2023
The rush is on to reliably detect AI writing. However, the goal is getting further away and may never be reached at all. The post The Current State of Detecting AI Writing appeared first on Plagiarism Today.
The Illusion of More
JULY 7, 2023
We all know the mantra that says it’s better to ask forgiveness than permission. According to Quote Investigator, the earliest published version of this sentiment appeared in 1846, but QI’s editors believe the notion is older than that and cannot be attributed to any one source. Whatever its derivation or contexts in which it has […] The post Get AI Wrong and There Will Be Nothing to Forgive appeared first on The Illusion of More.
TorrentFreak
JULY 1, 2023
The most dependable things in life tend to be the things most easily taken for granted. In the piracy ecosystem, that certainly applied to torrent site RARBG. RARBG was never likely to win any prizes for being the best-looking site with bleeding-edge features. Nor would its operators hope to win any. What the site did was what any indexer of any content should strive for; plenty of well-organized and readily searchable content, all of it supported by ancillary sources of complementary data, with
IP and Legal Filings
JULY 7, 2023
NUISANCE Nuisance, derived from the French term “nuire,” which means to “annoy” or “cause harm,” is the foundation of the tort known as nuisance under common law. The term “nuisance” refers to any act or omission that results in hereditaments or tenements belonging to another person, or annoyance of the lands, or to the hurting of a person’s right to remain on his premises, but does not amount to trespassing on the property.
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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.
IP Watchdog
JULY 11, 2023
On July 11, the Council for Innovation Promotion (C4IP), released a policy report advocating for a pro-innovation legislative and administrative agenda to counteract a series of shocks to the U.S. patent system over the past two decades. This pro-innovation agenda has the direct support of several C4IP members who formerly held high-ranking government positions and are now calling on the federal government to correct several areas of patent law that have improperly tilted the playing field in fa
Hugh Stephens Blog
JULY 11, 2023
It seems that every day a new report emerges regarding concerns with artificial intelligence (AI) and how it will likely impact our lives. There have been dire suggestions that unless something is done, one day AI will take over, resulting in the end of humanity. There have equally been suggestions that, as with other technological … Continue reading "International Regulation of AI Development and Application: Is it Feasible?
Plagiarism Today
JULY 11, 2023
In a bid to learn about radicalization, two researchers performed a plagiarism analysis on an infamous person's manifesto. The post Studying Plagiarism to Understand Radicalization appeared first on Plagiarism Today.
SpicyIP
JULY 1, 2023
Image by rawpixel.com on Freepik The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice. Of these, 103 applicants have passed the exam. With regard to the Patent Agent Exam, of 5695 candidates who appeared for the examination, 716 had earlier qualified for the viva voice.
TorrentFreak
JULY 6, 2023
For millions of people around the world, subtitles are the only way to enjoy media in foreign languages. For the deaf and hard of hearing, they are absolutely essential. Nowadays, most large streaming platforms and broadcasters are aware of the importance of offering a range of subtitle options to their viewers. On pirate sites, the situation is no different.
Patently-O
JULY 31, 2023
by Dennis Crouch Documents: FedCir Vanda Decision ; Vanda EnBanc Brief The Federal Circuit recently sided with the accused infringers Teva and Apotex, affirming the invalidation claims from four Vanda patents covering methods of using tasimelteon to treat circadian rhythm disorders. However, the patent owner has petitioned the court for en banc rehearing, arguing the panel improperly disregarded evidence of nonobviousness.
IP Watchdog
JULY 10, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision finding the Patent Trial and Appeal Board (PTAB) erred in too narrowly confining its motivation-to-combine inquiry and improperly limiting its definition of the relevant art to hold that Axonics, Inc. had failed to prove Medtronic, Inc.’s patent claims obvious.
Michael Geist
JULY 28, 2023
Bill C-11 may have receded into the background of CRTC consultations and government policy directions, but Canadians concerned with user content, video game and algorithmic regulation would do well to pay attention. Lobby groups that fought for the inclusion of user content regulation in the bill have now turned their attention to the regulatory process and are seeking to undo government assurances that each of those issues – user content, algorithms and even video games – would fall
Plagiarism Today
JULY 13, 2023
Shein named in new copyright lawsuit, Italy takes aim at live event piracy, and the US Senate holds a hearing on AI and copyright. The post 3 Count: Fashion Disaster appeared first on Plagiarism Today.
SpicyIP
JULY 31, 2023
Last week saw some pretty interesting discussions on the blog. Detailed posts analysing the recently-pronounced landmark judgements in Ericsson v CCI and Krishna Kishore Singh v. Sarla & Others were published along with a quick post on DPIIT’s notice over collection of royalties by copyright societies. This weekly review is co-authored with SpicyIP Intern Yashna Walia.
TorrentFreak
JULY 4, 2023
In recent years, pirate streaming platforms have surpassed torrent sites and direct download portals in terms of popularity. These portals offer the ‘on-demand’ convenience many people have grown accustomed to. For site operators, the streaming business also has its advantages. Piracy as a Service The streaming boom has created a new branch of pirate entrepreneurs that offer “piracy as a service” This includes platforms that provide access to a library of pirated content,
JD Supra Law
JULY 28, 2023
In earlier times, the Federal Circuit, responding to efforts by the U.S. Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA. Among other things, that apportionment of responsibilities was reaffirmed, albeit under different procedural circumstances, in the Federal Circuit's decision in
IP Watchdog
JULY 6, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. Apple had asked the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it could proceed to registration.
Technology & Marketing Law Blog
JULY 28, 2023
This case involves Ryan Cohen, who made a fortune running Chewy.com and then switched his interests to meme stocks. He bought a 9% interest in the failing retailer Bed Bath and Beyond, hyped the stock, and then liquidated his position, pocketing $68M in profits. BBB stockholders sued him for securities law violations. In particular, in response to a negative story about BBB, Cohen tweeted: If you don’t recognize the emoji, it’s the “ full moon face ” emoji.
Plagiarism Today
JULY 17, 2023
Last week, the fashion bran Shein was hit with a copyright and trademark lawsuit. However, the case also alleges racketeering. Why? The post Racketeering and Copyright: Understanding the Shein Lawsuit appeared first on Plagiarism Today.
SpicyIP
JULY 31, 2023
Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. v. MSN Laboratories Pvt. Ltd and an r. With this order the court disposed of different interim applications filed in 4 suits (three suits were filed by Vifor and Emcure against MSN Labs, Dr.
TorrentFreak
JULY 9, 2023
To protect copyright holders, YouTube regularly removes, disables, or demonetizes videos that allegedly contain infringing content. While anyone can send a DMCA notice to the platform, most copyright actions come from the Content ID system that can only be used by a select group of copyright holders. For many years the number of claims rightsholders made on YouTube was unknown.
Michael Geist
JULY 27, 2023
It should not come as a surprise, but those hoping that the government’s much-anticipated cabinet overhaul might signal a potential course-correction on its digital policy mess will be sorely disappointed. If anything, yesterday’s changes at Canadian Heritage and Justice suggest an acceleration of plans that will include continuing to head toward the Bill C-18 cliff of blocked news links as well as introducing controversial online harms legislation and perhaps even copyright reform.
IP Watchdog
JULY 9, 2023
Anyone reading this by now knows of the current situation with Judge Pauline Newman and the investigation initiated by Chief Judge Moore. As a former chief judge of the Court of Appeals for the Federal Circuit, I understand the challenges of overseeing smart, independent, and strong-willed judges, and I’ve gained a somewhat unique perspective on the ongoing saga, albeit as an outsider.
Velocity of Content
JULY 26, 2023
In a recent press release , CCC announced a significant enhancement to its innovative RightsLink for Scientific Communications (RLSC) workflow solution. The new update aims to streamline and optimize the processing of OA agreements within university library consortia, which can now seamlessly process these agreements, making it easier for researchers and institutions to access vital scientific content.
Plagiarism Today
JULY 19, 2023
A new ruling in the 9th Circuit was a major win for both Instagram and the server test. Here's what it means for both moving forward. The post Instagram and the Server Test Win 9th Circuit Challenge appeared first on Plagiarism Today.
SpicyIP
JULY 27, 2023
[ This guest post is authored by Devangini Rai. Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is an IP lawyer based out of New Delhi. The views expressed here are those of the author’s alone. She has previously written for SpicyIP here and here. ] Image from here The Delhi High Court in a judgement delivered by HMJ C.
TorrentFreak
JULY 5, 2023
Over the past several years, adult entertainment company Strike 3 Holdings has filed thousands of cases in U.S. federal courts. The company, known for its Blacked, Tushy, and Vixen brands, targets people whose Internet connections were allegedly used to download and share copyright-infringing content via BitTorrent. Track, Sue and Settle These efforts, often referred to as so-called ‘copyright-trolling’, are pretty straightforward.
Nelligan Law
JULY 25, 2023
Reading Time: 2 minutes In the world of toys, few have captured the hearts of children and adults alike as effectively as Barbie. Created by the renowned toy company Mattel, Barbie has evolved from a simple fashion doll to a global cultural icon, and much of this success can be attributed to the power of its brand narrative. Now, with the highly anticipated Barbie movie that hit theaters on July 21, 2023, Mattel’s ability to harness the brand narrative is set to captivate audiences worldwi
IP Watchdog
JULY 26, 2023
Of the many ways that the Patent Trial and Appeal Board (PTAB) works to the detriment of the U.S. innovation economy, one of the most nefarious is the Chinese government’s use of patent validity review to advance its national interests. Recent briefing filed at the PTAB suggests that the Board is quietly helping China win the war for technological supremacy during the 21st century, mainly by destroying the economic interests of American small businesses innovating in industrial sectors critical
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