May, 2024

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Why Plagiarizing Iron Maiden is a Really Bad Idea

Plagiarism Today

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.

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The Economics of Copyright: Incentives and Rewards (It’s Important to Get them Right)

Hugh Stephens Blog

Image: Shutterstock Two years ago, in April 2022, the US Copyright Office (USCO) appointed its first Chief Economist, Dr. Brent Lutes. Many national Intellectual Property Offices have such a position, e.g, UK IPO, IP Australia, EUIPO, and WIPO. (Notably, Canada’s Intellectual Property Office–CIPO–does not).

Copyright 246
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BREAKING: Jury Says Microsoft Owes $242M For Infringing IPA Patent

IP Law 360

A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

Patent 145
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Marvel Subpoenas Instagram to Expose ‘Captain America: Brave New World’ Leaker

TorrentFreak

The fourth installment of Marvel’s Captain America film series is scheduled to be released February next year. Captain America: Brave New World is directed by Julius Onah and will star Anthony Mackie in the role of Samuel Wilson, better known to the broader public as “Captain America” In the lead-up to the film’s premiere, there’s been no shortage of rumors and leaks.

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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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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence: Issues Affecting Creators, Writers and Artists

JD Supra Law

In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models.

IP 131
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We have a new treaty! Report on the conclusion of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge

The IPKat

The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here ). This is the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.

Reporting 133

More Trending

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Canada is not the United States when it comes to Copyright: The Cases Anne of Green Gables and Steamboat Willie (or Down the Copyright Rabbit-Hole, Twice)

Hugh Stephens Blog

Image: Shutterstock.com Canada not the US when it comes to copyright—or anything else.

Copyright 236
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USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Patently-O

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The memo, signed by USPTO Director Kathi Vidal, aims to immediately align USPTO practices with the more flexible approach outlined by the Federal Circuit, which eli

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. A platform sues a web scraper in the Northern District of California for (among others) a breach of its Terms of Service (ToS) —and the platform loses.

Blogging 127
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AI-Specific Representations in Tech M&A

JD Supra Law

Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI continues to evolve rapidly, we expect to encounter myriad representations and warranties aimed at specific issues in intellectual property rights, data rights, and regulatory compliance relating to AI.

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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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Making Licensing Harder Doesn’t Boost U.S. Manufacturing

IP Watchdog

While it’s appropriate to lament the lack of bipartisan cooperation in Washington, just because something’s bipartisan doesn't mean it’s a good idea. Exhibit A could be Senator Tammy Baldwin (D-WI) and Senator J.D. Vance’s (R-OH) “Invent It Here, Make It Here” bill. Despite the name and its good intentions, it condemns promising federally funded inventions to waste away without doing a thing to build our domestic manufacturing base.

Licensing 128
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Why AI Makes Copyright Registration More Important

Plagiarism Today

For most creators, copyright registrations aren't practical. However, AI may give some a reason to change their mind. The post Why AI Makes Copyright Registration More Important appeared first on Plagiarism Today.

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Copyright, Upcycling, and the Human Right to Environmental Protection

Kluwer Copyright Blog

Photo by Dinh Pham on Unsplash As the environmental crisis escalates due to overproduction and overconsumption, there is an increasing recognition of the urgent need for environmental consciousness and a shift towards a sustainable, circular economy (see, in the intellectual property context, Pihlajarinne & Ballardini (2020) , Senftleben (2023) , Calboli (2024) ).

Copyright 117
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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. LKQ Corp. v. GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed. Cir. May 21, 2024) (en banc). The court held that the two-part test’s requirements that 1) the primary reference must be “basically the same” as the claimed design, and 2) any secondary references must be “so related”

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Voice actors, tricked by LOVO into creating AI replicas, file suit.

The Illusion of More

A class-action suit was filed last week by voice actors Paul Lehrman and Linnea Sage against AI developer LOVO, Inc. According to the complaint, LOVO induced the actors to provide recorded material under false pretenses—material which was then used to produce synthetic replicas of their voices to become part of a catalog offered to paying […] The post Voice actors, tricked by LOVO into creating AI replicas, file suit. appeared first on The Illusion of More.

Law 119
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IOENGINE v. Ingenico: Are Electronic Communications Fair Game for the Printed Matter Doctrine?

JD Supra Law

In IOENGINE, LLC v. Ingenico Inc.,2021-1227 (Fed. Cir. May 3, 2024), the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) determination that certain claim features did not carry patentable weight under the printed matter doctrine. This decision is notable, as it concerns the application of the printed matter doctrine to a digital communication.

Patent 121
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The USPTO Needs to Investigate This Disturbing ‘Patent Examiner’ Reddit Thread

IP Watchdog

If you have done a search for just about anything using Google, you have no doubt at one time or another stumbled across Reddit, the self-described “home to thousands of communities, endless conversation, and authentic human connection.” Regardless of what you are interested in, there is a community and conversation to be found on Reddit. For those familiar with Reddit and the breadth of topics covered it probably comes as no real surprise that there is a patent examiner Reddit, which has some 4

Patent 128
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Yet Another NFT Copyright Failure

Plagiarism Today

Yuga Labs announced a new commercial NFT venture. However, the works involved were already placed in the public domain. The post Yet Another NFT Copyright Failure appeared first on Plagiarism Today.

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FBI Carries Out Fresh Round of Z-Library Domain Name Seizures

TorrentFreak

Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and articles that can be downloaded for free. The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina. According to the latest available information, these two defendants are still fighting their extradition.

Copyright 113
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Infographic | The development of the bicycle

Olartemoure Blog

1817 1817 The draisine Karl Freiherr von Drais invented the first two-wheeled vehicle with a steering device. Instead of having pedals, it was propelled by the user's feet. Known popularly as the “dandy horse”, it was patented in 1818 in France. 1866 1866 Bicycle with pedals It is not exactly known who originally had the idea to put pedals on the bicycle.

Inventor 105
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The Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Law

Patently-O

by Dennis Crouch I see the US Supreme Court’s 1912 decision in Henry v. A.B. Dick Co. as a major turning point in American patent and antitrust law. 224 U.S. 1 (1912). The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. But, that decision sparked a major reform effort.

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Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

JD Supra Law

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed system, and if the data is used for a large language model,” said Leonard Dietzen and Jacey Kaps, CIPP/US, Partners at RumbergerKirk.

Ownership 125
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Former USPTO Officials Urge Vidal to Immediately Withdraw NPRM on Terminal Disclaimers

IP Watchdog

On May 28, a group of five former Directors, Deputy Directors and Patent Commissioners at the U.S. Patent and Trademark Office (USPTO) sent a letter addressed to current USPTO Director Kathi Vidal in opposition to a rule package on terminal disclaimer practice proposed earlier this month. This group of highly-ranking former government officials join a growing chorus of voices who are concerned by the apparent overreach of the nation’s patent granting agency into substantive rulemaking that would

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3 Count: Bounce House

Plagiarism Today

Sony sues Marriott over social media posts, Beyonce and Big Freedia sued over samples and photographer sues over wallpaper photo. The post 3 Count: Bounce House appeared first on Plagiarism Today.

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Subscene’s Demise is No Surprise But Millions of App Users Face Disruption

TorrentFreak

After two decades online and maybe even a few more under Divxstation branding right at the beginning, veteran subtitle download site Subscene.com has finally thrown in the towel. In various guises, linked to specific geographic regions, perhaps as many as 50 domains can be linked to Subscene over the past twenty years. At a time when legal streaming services didn’t even exist, Subscene offered subtitles for large libraries of movies and TV shows in multiple languages.

Branding 117
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Greek IT Company Sues NY Law Firm Over Leaked Patent Info

IP Law 360

A Greece-based technology company has sued Ladas & Parry LLP in New York federal court, alleging that the firm sent proprietary information to a third party while the company had an attorney-client agreement with the firm.

Law 105
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Bitcoin’s File Format protectable in copyright: a Wright decision?

Kluwer Copyright Blog

In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).

Copyright 111
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Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

JD Supra Law

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.

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Industry Tells USPTO Biden March-In Proposal Undermines Inquiry to Improve IP Commercialization

IP Watchdog

Two days after comments closed on the U.S. Patent and Trademark Office’s (USPTO’s) Request for Comments titled “Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace,” several groups have weighed in to urge the Office not to ignore the link between this topic and the Biden Administration’s recent proposal on march-in rights under the Bayh-Dole Act.

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What the Latest Supreme Court Copyright Ruling Means for You

Plagiarism Today

Last week, the Supreme Court ruled that a music producer can collect over a decade of damages. What does it mean for you? The post What the Latest Supreme Court Copyright Ruling Means for You appeared first on Plagiarism Today.

Copyright 242
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Supreme Court: There’s No ‘Time Limit’ on Copyright Infringement Claims

TorrentFreak

In 1983, Sherman Nealy and Tony Butler founded Music Specialist Inc, an independent label that recorded just one album and a few tracks. The venture didn’t score any hits and it eventually dissolved after a few years. Nealy’s personal life was no major success either, as he spent time in prison from 1989 to 2008, and again from 2012 to 2015.

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Abbott, Dexcom Call For New Glucose Monitor Patent Trial

IP Law 360

Just over two months after a jury in Wilmington handed down a mixed verdict in a patent lawsuit over glucose monitors, both sides are now asking the judge to give them another trial.

Patent 105
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Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements

SpicyIP

One of the seemingly under-discussed aspects of the Delhi High Court’s decision in Sun Pharma v. Dabur India is the Court’s passing comments on the responsibility to serve the Counter-Statement in trademark prosecution. Passed on February 9, 2024, the High Court Ruling clarified that the deadline to file evidence in opposition cannot be extended by the discretion of the Registrar.

Copying 111
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The Limit Does Not Exist: No Time Limitation on Copyright Damages  

JD Supra Law

Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) - On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this case originated from a circuit that applies the discovery rule to the Copyright Act, the Supreme Court assumed that the discovery rule applied and deferred its determination on that issue.

Copyright 115
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Vidal Addresses ‘Patent Examiner’ Reddit Issue with USPTO Personnel

IP Watchdog

As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically--specifically, a patent geared toward Israeli military technology.