Sat.Jun 17, 2023 - Fri.Jun 23, 2023

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3 Count: Furniture Fight

Plagiarism Today

Ninth Circuit rules copyright and trade dress not exclusive, RIAA targets AI discord server and the British Museum targeted by translator. The post 3 Count: Furniture Fight appeared first on Plagiarism Today.

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When Two Identical Brand Names Coexist

Erik K Pelton

Yes, identical brand names can coexist. But there are criteria that need to be met, such as existing in different industries and offering different goods and services. Erik explains more and provides examples in this video. The post When Two Identical Brand Names Coexist appeared first on Erik M Pelton & Associates, PLLC. Yes, identical brand names can coexist.

Branding 130
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One Year of the Copyright Claims Board

Plagiarism Today

The CCB recently celebrated its first birthday. Here's a look at what has gone right and gone wrong with the copyright small claims court. The post One Year of the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 200
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Implications of the U.S. Controlled Digital Lending Decision in Canada Remain Unclear

Hugh Stephens Blog

Whether the decision against Internet Archive in the U.S. will have a chilling effect on controlled digital lending practices in Canada remains to be seen. Earlier this year, a U.S. district court ruled that San Francisco–based non-profit Internet Archive (IA) infringed the copyright of four international publishing houses when it loaned unlicensed digital copies of … Continue reading "Implications of the U.S.

Copying 246
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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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Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

Intellectual Property Law Blog

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent eligibility requirements under Section 101 have been evolving by judicially-created exceptions stemming from the Supreme Court’s rulings in Alice and Mayo , and numerous Federal Circuit decisions that have interpreted the Alice and Mayo framework.

Patent 130
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Rebranding? Do these three things

Erik K Pelton

The following is an edited transcript of my video 3 Things to Do When Rebranding We frequently work with businesses that are in the process of rebranding. Rebranding usually comes about one of two ways: Voluntarily , when a company decides that they want a refresh, they want a new brand, they’re pivoting, or they’ve decided that their old name wasn’t resonating and they’ve decided to rebrand.

Editing 130

More Trending

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Netflix and Amazon DMCA Notices Target Legal Streaming Options

TorrentFreak

Copyright holders send out millions of takedown notices a day, hoping to remove pirated content or make it harder to find. The efficacy of the DMCA takedown process is open for debate, but it certainly doesn’t help when companies flag legal websites as copyright-infringing. It is particularly ironic when these mistakenly targeted sites are supposed to help the public find their way to the right streaming service.

Reporting 144
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Generative AI and Patent Considerations – Part Two

Intellectual Property Law Blog

This article was first published by ALM / Law.com in The Intellectual Property Strategist. All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). Unlike machine learning technology that merely classifies or predicts, generative AI creates. Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive inno

Patent 130
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Going (copyright) bananas: Maurizio Cattelan prevails in copyright infringement lawsuit over Comedian

The IPKat

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. I personally love everything by Cattelan and among other things I did enjoy the recent exhibition in Florence about his and other contemporary artists’ work.

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3 Count: Meow Wolf

Plagiarism Today

Judge partially dismisses claims against Meow Wolf, Charly Boy threatens former label and pirate movie supplier quits due to piracy. The post 3 Count: Meow Wolf appeared first on Plagiarism Today.

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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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Megaupload Fugitive Arrested By Armed Police 11 Years After The Raid

TorrentFreak

The wheels of justice in the Megaupload case may have moved at a glacial pace over the last 11 years but there’s no doubt they continue to move. After entering into a plea deal with New Zealand authorities, last week former Megaupload coders Mathias Ortmann and Bram van der Kolk were sentenced at the High Court in Auckland to a total of five years in prison , to be served in New Zealand.

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PREVAIL Act Would Overhaul PTAB Practice

IP Watchdog

On the same day the Patent Eligibility Restoration Act of 2023 was introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC), the two senators, along with their colleagues, Dick Durbin (D-IL) and Mazie Hirono (D-HI), introduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act today. The bill’s aim is to reform the Patent Trial and Appeal Board (PTAB) and would build upon Coons’ STRONGER Patents Act, introduced in 2019.

Patent 137
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Book review: Intellectual Property Excesses

The IPKat

This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection , edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it to, what the editors refer to as “sometimes absurd outcomes which an unjustified overprotection of intellectual property may lead to.

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Follow Plagiarism Today on Mastodon

Plagiarism Today

Plagiarism Today is now on Mastodon! Come join me (and others) as we discuss copyright, academic integrity and much more. The post Follow Plagiarism Today on Mastodon appeared first on Plagiarism Today.

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Sky ‘Free NOW TV’ Security Hole Exposed For Months, Researcher Claims

TorrentFreak

Rightsholders consider piracy of live TV channels as one of the most serious threats to their business. Subscription channels often end up in IPTV subscription packages, sold to the public at a fraction of the cost after being obtained by pirates using both legal and illegal means. In some cases streams are obtained directly from broadcasters’ official source servers, something that is surprisingly common and, with the right tools, not especially difficult either.

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To Make the U.S. Patent System More Efficient, Let’s Obviate Obviousness

IP Watchdog

Recovering money from users of technology requires movement on the part of inventors of technology. For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.

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To every cow her calf: claim against Organic Valley partially survives based on maternal separation

43(B)log

Takahashi-Mendoza v. Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. 22-cv-05086-JST (N.D. Cal. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. “Organic Valley’s commitment to the highest organic standards and animal care practices helps make all our food delicious and nutritious”; 2.

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Copyright in Flight Cockpit Recordings

Plagiarism Today

A recent case filed with the Copyright Claims Board examines an unusual question: Who holds the copyright to a cockpit flight recorder? The post Copyright in Flight Cockpit Recordings appeared first on Plagiarism Today.

Copyright 175
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U.S. Seeks 70-Month Prison Sentence for YouTube Content ID Scammer

TorrentFreak

In 2021, the US Department of Justice launched a criminal proceeding against two men suspected of running a massive YouTube Content ID scam. By falsely claiming to own the rights to more than 50,000 songs, the pair generated more than $23 million in revenue. Last year, one of the defendants confessed to his part in the copyright swindle by pleading guilty.

Music 125
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How the UPC and European Patents with Unitary Effect Reach Beyond Europe to the United States

IP Watchdog

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications. To understand the impact, this article provides a background on how the European Patent Office (EPO) and UPC consider earlier national rights, how patent applicants can address earlier

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Will Generative AI Create a Break in the Impenetrable Wall That Is Section 230?

JD Supra Law

Notwithstanding the robust protection it provides in many other contexts, Section 230 may not protect online platforms developing generative AI systems from legal liability arising from false information produced by their products. Neither the courts nor Congress have yet provided reliable legal guidance on generative AI in the United States, but a Georgia state court defamation case and newly introduced legislation in the Senate present opportunities to change that.

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Creator Spotlight with Mixed Media Artist Demetri Broxton

Copyright Alliance

This week we’d like to introduce you to mixed media artist Demetri Broxton. Demetri is of Creole and Filipino heritage whose work is often inspired by “his connection to the […] The post Creator Spotlight with Mixed Media Artist Demetri Broxton appeared first on Copyright Alliance.

Copyright 109
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Pirate Movie Supplier Quits After Russian Pirates Cammed its Pirate Releases

TorrentFreak

Straight answers in response to straight questions is far from the default position in Hollywood where piracy is concerned. The topic is always controversial, and most of the interesting questions have answers that have the potential to make it even more so. Whether the details will ever see the light of day is unclear, but the discussions that led to Hollywood ending theatrical releases in Russia in response to the invasion of Ukraine must’ve been fascinating.

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Tillis and Coons Bill Would Eliminate all Judicial Exceptions to Patent Eligibility

IP Watchdog

As predicted by former United States Court of Appeals for the Federal Circuit Chief Judge Paul Michel last month, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) have introduced the first of what Michel said will be multiple bills aimed at fixing the U.S. patent system. Today’s bill, the Patent Eligibility Restoration Act of 2023, would eliminate all judicially-created exceptions to U.S. patent eligibility law.

Patent 111
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Claim Construction and the Power of Preferred Embodiments

Patently-O

by Dennis Crouch The Federal Circuit’s decision in Broadcom v. Netflix revolves around the construction of the claim term “drive server” found in Broadcom’s U.S. Patent No. 6,341,375. The decision reaffirms the significance of preferred embodiments in claim construction and their potential to shape the validity of patent claims.

Art 104
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Open Source Software Licenses: Novel Case Explores Who Can Enforce Them

JD Supra Law

Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two common open source software licenses in a manner that could aggressively expand the number of individuals who can bring a lawsuit to enforce the terms of open source software licenses and the scope of the disclosure requirements in these open source software licenses.

Licensing 102
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Most Prolific World Cup Pirates Also Most Likely to Use a Paid Service

TorrentFreak

The World Cup only takes place every four years so when the opportunity to see the world’s best players arrived again last year, an estimated 1.5 billion eventually tuned in to see the elite square off in the final. Millions cheered on the French national team as the defending champions pursued glory against Argentina. After the French lost in a dramatic penalty shoot-out, for some it became a tournament to forget.

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This Week in Washington IP: Tech Diplomacy, Patent Portfolio Management, and Bipartisan AI Policy

IP Watchdog

This week in Washington IP news, the House Science Committee looks at how artificial intelligence can be deployed to advance U.S. interests; Senator Chuck Schumer (D-NY) announces an AI policy framework that he hopes will lay the groundwork for bipartisan AI policy; and IPWatchdog hosts its inaugural Patent Prosecution & Portfolio Management Masters program.

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Judge Newman’s Standoff with the Federal Circuit: Refusal to Comply as Misconduct

Patently-O

by Dennis Crouch The Federal Circuit’s special investigation committee recently released an order in focusing on next steps in its ongoing investigation into the conduct and capacity of Judge Newman. Although the investigation generally centers on disability and misconduct in her role as judge — the most recent order narrows the focus to the question of whether Judge Newman’s refusal to submit to medical testing constitutes misconduct that could potentially lead to her removal

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Painting the Town: The Legal Landscape of Commissioned Murals

JD Supra Law

Public art installations like murals can be an exciting, effective way to transform the aesthetics of a property — and oftentimes the character of an entire community. Whether it’s a business district looking to attract customers, a municipality creating a point of interest for visitors, or neighbors venerating a beloved member of their community, murals offer a unique opportunity to capture attention, communicate a message, and serve as a cultural beacon, all at the same time.

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Pirate IPTV: Police Target 13 Suspects, Seize 620K Euros in Cash/Crypto

TorrentFreak

Italian authorities are reporting that officers of the Special Privacy Protection and Technological Fraud Unit of the Guardia di Finanza of Rome have carried out a new operation against pirate IPTV. Acting on a decree issued by the Public Prosecutor at the Court of Milan, 12 Italian nationals and one person of Albanian origins, living in several regions of Italy and Germany, were targeted on suspicion of operating social media channels dedicated to pirate IPTV subscription sales/resales.

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Inventors Tell USPTO to Let Small Entities Off PTAB’s Hook

IP Watchdog

With the comment period set to close on June 20, more than 11,000 comments had been filed as of Friday, June 16, in response to the U.S. Patent and Trademark Office’s (USPTO’s) Advanced Notice of Proposed Rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices. Only 265 of those had been posted as of Friday, however.

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Don’t Ask Judges to Be Archaeologists

The IP Law Blog

In response to Google L.L.C.’s (“Google”) and other’s petitions for inter partes review (“I.P.R.”) of two patents owned by Parus Holdings, Inc. (“Parus”), the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) found a number of claims obvious over prior art. The Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, shedding additional light on the requirements and burdens of patent owners when responding to I.P.R. petitions.

Art 98
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Bad Dog! SCOTUS Sides with Jack Daniel’s in Trademark Fight Over “Poop-Themed” Dog Toy

JD Supra Law

The United States Supreme Court unanimously sided with Jack Daniel’s in a trademark infringement dispute with dog toy manufacturer VIP Products over a poop-themed, chewy dog toy, in Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. (2023). Justice Elena Kagan, who authored the opinion, noted that whiskey and a dog toy are two items that rarely appear in the same sentence together.

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RIAA Targets ‘AI Hub’ Discord Users Over Copyright Infringement

TorrentFreak

With over 142k members, the ‘AI Hub’ Discord server is a thriving community that opens the door to lots of AI-related content. There’s a wide variety of information available, including voice models of major musicians such as Bruno Mars, Frank Sinatra, Rihanna, and Stevie Wonder. All of this information can be used to make homebrew AI tracks that mimic the sound of one’s favorite artists.