Sat.Jan 13, 2024 - Fri.Jan 19, 2024

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4 More Contested Cases Before the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is seeing a sharp rise in contested cases, here's four of the latest and most interesting to receive a response. The post 4 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 226
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Artificial Intelligence and Copyright: The Canadian Cultural Community Speaks Out

Hugh Stephens Blog

Image: [link] The extended period set by the Canadian Government (through Innovation, Science and Economic Development Canada, ISED) for response to its consultation paper on Artificial Intelligence (AI) and Copyright closed on January 15.

Copyright 187
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Federal Circuit Affirms Skinny Label Carve Outs

Intellectual Property Law Blog

In H. Lundbeck A/S, et al. v. Lupin Ltd., et al. , Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.

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Top Tips to Brainstorm New Business and Brand Names

Erik K Pelton

The following is an edited transcript of my video Tips for Brainstorming New Business and Brand Names Brainstorming for new brand names is really the genesis of brand protection. The better the name you come up with at the outset, the easier it’s going to be to protect, and more likely you’ll have stronger protection. It’s not easy to come up with a bold, unique, and protectable name, but it is still possible, Begin with pieces of words and names.

Branding 130
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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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3 Count: AI Divide

Plagiarism Today

Beijing court rules AI work protected by copyright, BREIN targets virtual worlds and OpenAI CEO claims they don't want publisher content. The post 3 Count: AI Divide appeared first on Plagiarism Today.

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Dragons' Den IP Blog - Series 21 Episode 3

Dragons' Den

Episode 3 got off to a kicking start with entrepreneur and ex-football player Gary Neville joining the Den, the first ever Guest Dragon. While some entrepreneurs were top of the leaderboard, others just failed to make the cut. Seeds that heal Entrepreneur and mum, Giselle Boxer, entered the Den ready to take the Dragons on. Giselle asked for £50k and help with scaling-up her business Acu Seeds , in exchange for a 10% share in the business.

Blogging 141

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25 Benefits of Trademark Registration

Erik K Pelton

Erik reviews the many perks of having a registered trademark in this podcast. The post 25 Benefits of Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Erik reviews the many perks of having a registered trademark in this podcast.

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3 Count: Icy and Spicy

Plagiarism Today

Anthropic fires back at music publishers' lawsuit, Finland denies parody defense over racism and Ice Spice sued over In Ha Mood. The post 3 Count: Icy and Spicy appeared first on Plagiarism Today.

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Copyright Office Issues Final Rule on Several Aspects of Smaller Claim CCB Proceeding

IP Watchdog

On January 16, the U.S. Copyright Office published a final rule in the Federal Register amending agency regulations on small infringement claims filed at the Copyright Claims Board (CCB). Responding to comments from both the legal and copyright industries, the Copyright Office’s final rule addresses disputes to the form of CCB proceeding chosen by claimants, as well as the discretion of CCB officers in penalizing evidentiary violations.

Copyright 132
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“Fair Use” is Not a Great Business Plan

The Illusion of More

Lately, we’ve seen several headlines and comments from tech giants say that AI ventures simply cannot succeed if they are forced to contend with the copyrights in the billions of works they have scraped for the purpose of machine learning (ML). When these headlines are paired with the rampant assertions that ML is inherently fair […] The post “Fair Use” is Not a Great Business Plan appeared first on The Illusion of More.

Fair Use 124
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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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New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act

JD Supra Law

Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and videos that are virtually indistinguishable from real life. These so-called "deepfakes" can be used to misappropriate virtually anyone’s image and likeness for unlawful commercial gain, embarrassment, or other nefarious purposes.

Music 123
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Complaint Filed Against Harvard Over Claudine Gay Investigation

Plagiarism Today

A watchdog group has filed a formal complaint with an accreditation agency over Harvard's handling of the Claudine Gay scandal. The post Complaint Filed Against Harvard Over Claudine Gay Investigation appeared first on Plagiarism Today.

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Don't shoot yourself in the foot: European file history in US patent claim interpretation (K-fee v Nespresso)

The IPKat

In the US, the principle of file wrapper estoppel is well established. S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Additionally, as recently highlighted in K-fee v Nespresso (Case No. 22-2042, Fed. Cir. Dec. 26, 2023), file wrapper estoppel in the US does not stop at the US file wrapper. Submission made in other jurisdictions, including Europe, may also be cited against the patentee.

Patent 120
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Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

Campbell v. Acuff-Rose Music, Inc. is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Liv

Copyright 116
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Novartis Pharms. Corp. v. Mylan Pharms. Inc. - Entresto® (Sacubitril / Valsartan)

JD Supra Law

Case Name: Novartis Pharms. Corp. v. Mylan Pharms. Inc., Civ. No. 19-cv-201, 2023 WL 4375445 (N.D.W.V. July 6, 2023) (Kleeh, J.) - Drug Product and Patent(s)-in-Suit: Entresto® (sacubitril / valsartan); U.S. Patents Nos. 8,877,938 (“the ’938 patent”) and 9,388,134 (“the ’134 patent”).

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What is Next for Claudine Gay, Neri Oxman and Academia

Plagiarism Today

As the Claudine Gay and Neri Oxman stories begin to wind down, we have to look at what's next for both of them and academia at large. The post What is Next for Claudine Gay, Neri Oxman and Academia appeared first on Plagiarism Today.

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How did WW1 and WW2 impact French geographical indications?

The IPKat

In the past months, this Kat has been captivated by the question of how wars impact traditional regional products and, ultimately, the registration of geographical indications (GIs) [see also earlier posts on the Versailles Treaty and on Camembert ]. I would now like to share with our readers some of the stories uncovered during this research. Background For the study, I decided to focus on France and its protected designations of origin (PDOs).

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Apple Watch Stays on US Market, But Pulse-Ox Disabled Pending Appeal

Patently-O

by Dennis Crouch Apple v. Masimo (Fed. Cir. 2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal Circuit has now denied Apple’s stay pending appeal of the International Trade Commission’s limited exclusion order and cease-and-desist order (“the Remedial Orders”) against Apple Watch Series 9 and Ultra 2. The baseline approach in American patent law is that any injunction issued by the district court will stay in effect through the duration of any appeal.

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Could your patent be invalid if your attorney uses AI in the drafting process?

JD Supra Law

The Federal Circuit held in Thaler v. Vidal that an “inventor” must be a human. During the patent drafting process, the human inventors meet with the patent attorney to describe the invention. In this meeting, the patent attorney learns the bounds of the invention, and when drafting the patent application, “fills in the gaps” to….

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3 Count: Third Try

Plagiarism Today

Film studios subpoena Reddit again, Gibraltar government turns down memorial design and Burnely co-owner hit with copyright takedowns. The post 3 Count: Third Try appeared first on Plagiarism Today.

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When Is Trade Secret Protection the Right Choice?

The IP Law Blog

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

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Publishers Target Z-Library Domains With Millions of DMCA Takedowns

TorrentFreak

With more than 14 million digital books in its archive, Z-Library is one of the largest shadow libraries on the Internet. Two of its alleged operators were arrested as part of a criminal crackdown by the United States, but the site seems largely unaffected. The Russian defendants are currently fighting an extradition battle. While their involvement with Z-Library is apparent to U.S. law enforcement, they don’t appear to be crucial to the operation, since Z-Library continues to thrive.

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Court Reject Texas Book Rating Law

Velocity of Content

On Wednesday, the Fifth U.S. Circuit Court of Appeals upheld a lower court decision to block key provisions of HB 900, Texas’s controversial book rating law. In a 36-page decision, a three-judge panel ruled that the law likely violated First Amendment protections against compelled speech. The lawsuit challenging HB 900 was first filed in July , by a coalition including two Texas bookstores, Austin’s BookPeople and Houston’s Blue Willow Bookshop , together with the American Booksellers Associ

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Tesla Strikes Out In PTAB Bid To Ax Vehicle Charging Patent

IP Law 360

The Patent Trial and Appeal Board has found that Tesla failed to prove that any of the claims it challenged in a Charge Fusion Technologies patent on electric vehicle charging were obvious.

Patent 105
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The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising

The IP Law Blog

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Infographic | The modern evolution of headgear

Olartemoure Blog

Hats, with a history dating back to 3000 BC, have served various purposes from religious to protective, heating, and social. As we celebrate National Hat Day, let’s explore five distinct hats that capture the essence of modern headwear, along with the IP contributions that shaped their success. Bucket hat: The bucket hat’s resurgence can be linked to designers like Kangol.

Branding 105
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Ringgold and the FAIR Principles: How Ringgold Data and Metadata are Interoperable

Velocity of Content

The FAIR Principles are vital to enabling the use of data, not just for people, but more importantly for machines. The FAIR principles are designed to address the necessary steps to make research data and the metadata attached to it FAIR (Findable, Accessible, Interoperable, and Reusable). FAIR enables the use of data and metadata for a wide range of use cases and without it, data is not consumable in a way that is needed to build upon research, to make it reproducible, or to provide it as a tru

Blogging 104
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Apple Must Halt Imports Of Watches With Blood Oxygen Tech

IP Law 360

The Federal Circuit ruled Wednesday that Apple can't import Apple Watches that include a blood oxygen monitor found to infringe two Masimo patents, rejecting the tech giant's request to suspend the ban while it appeals.

Patent 105
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Fraud in Music Streaming on Legit Platforms

The Illusion of More

By now, many people who pay attention to artists’ rights have read the David Segal New York Times story published on January 13 about the amateur folk duo Bad Dog discovering their songs on major streaming platforms, but with different titles and attributed to a different creator. In what should be a surprise to nobody, […] The post Fraud in Music Streaming on Legit Platforms appeared first on The Illusion of More.

Music 103
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Yandex Yanked The Pirate Bay From its Search Results? (Updated)

TorrentFreak

The Pirate Bay and search engines are not a happy marriage recently. On the contrary. For example, we previously reported on Google’s decision to remove thepiratebay.org from its search results in countries where ISPs are required to block the site. Searching for The Pirate Bay This type of deindexing is not unique to Google. As highlighted in the past, Bing has effectively wiped all Pirate Bay URLs from its index until only the main homepage was left.

Reporting 104
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2023 Internet Law Year-in-Review

Technology & Marketing Law Blog

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. Then, in Liapes v. Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

Law 102
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'Chaos' Warning Resonates As Justices Mull Chevron's Fate

IP Law 360

A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

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The Evolution of a 27-Year Partnership with Nike, Trademark Matters, and the Future of Sunday Red

Nelligan Law

Reading Time: 2 minutes Tiger Woods’ remarkable golf career and his 27-year partnership with Nike stand as a testament to sports marketing, branding, and trademark protection. Recent ripples in this bromance have left aficionados (around our office) speculating about the destiny of Woods’ trademark “Sunday red” ensemble. Back in ’96, Woods and Nike weren’t just exchanging high-fives for endorsements.

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FrostWire Returns to Google Play Store After Music Industry Takedown

TorrentFreak

Back in 2004, when LimeWire was the file-sharing client of choice for millions of users, FrostWire appeared as the new kid on the block. The application began life as a LimeWire fork but underwent several changes over the years. In 2016, it added support for torrents and, five years later, it completely dropped its Gnutella base in favor of BitTorrent.

Music 103
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Thaler v. Comptroller-General: Supreme Court Affirms that an AI Cannot be an Inventor under UK Patent Law

Intepat

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? This unprecedented scenario unfolded when Mr. Thaler, the applicant, approached the UK Patent Office with two patent applications. Uniquely, he declared that he was not the inventor; instead, he attributed the creations to his AI system named DABUS.