Sat.Sep 02, 2023 - Fri.Sep 08, 2023

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Another AI Copyright Registration Rejected

Plagiarism Today

A famous AI-generated piece of art has been rejected by the US Copyright Office. Here's why the decision matters and what it means. The post Another AI Copyright Registration Rejected appeared first on Plagiarism Today.

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The localization of IP infringements in the online environment: From Web 2.0 to Web 3.0 and the metaverse – New study for WIPO

The IPKat

Dematerialized Kat Over time, technological advancements have resulted in novel ways both to exploit content and to infringe rights – including IPRs – vesting in them. Legislative instruments have consistently clarified that pre-existing rights continue to apply to new media , i.e., means to disseminate intangible assets, including in digital and online contexts.

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Space Jam and the Future of Sync Licensing

Plagiarism Today

The owners of the theme from Space Jam have filed a series of lawsuits targeting those who use the song in videos. Here's why that matters. The post Space Jam and the Future of Sync Licensing appeared first on Plagiarism Today.

Licensing 224
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Great Brand Names and slogans Are Everywhere – You Just Need to Look

Erik K Pelton

Erik shares some creative, bold brands he has recently come across on his travels and in his neighborhood in this video The post Great Brand Names and slogans Are Everywhere – You Just Need to Look appeared first on Erik M Pelton & Associates, PLLC.

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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TV Museum Will Die in 48 Hours Unless Sony Retracts YouTube Copyright Strikes

TorrentFreak

The advent of the internet and its subsequent development in the mainstream have given rise to a perpetual, collaborative, global recording machine that would’ve been unimaginable 40+ years ago. Back then, videotape recording machines were cutting edge and a type developed by Sony was fighting for its life. Since Sony’s Betamax-format recorders were able to record TV shows, studios including Universal and Disney sought to hold Sony liable for users’ alleged copyright infringeme

Copyright 143
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Why The Government’s Bill C-18 Draft Regulations Do Little to Ensure More Spending on Journalists or News Content

Michael Geist

The government released its draft Bill C-18 regulations on Friday ahead of the Labour Day weekend, but ironically those regulations do very little to ensure that new funding will be allocated toward employing journalists. While the regulations establish what amounts to a minimum 4% link tax on Google and Meta if they link to news content, they set no minimum requirements to spend the resulting revenues on journalists or news content.

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Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

JD Supra Law

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective purposes. As nonprofit executives, you may be wondering how AI intersects with intellectual property and data privacy law, and how it could affect your organization.

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How the American IDEA Act Will Help Small Business

IP Watchdog

Intellectual property (IP) theft has severe consequences for U.S. business, and many companies—particularly small businesses—can feel overwhelmed at the seemingly insurmountable task of stopping IP theft that occurs overseas. Introduced by Senators Tammy Baldwin (D-WI) and John Cornyn (R-TX) earlier this summer, the American IP Defense and Enforcement Advancement Act, or the “American IDEA Act,” promises to protect U.S. businesses against international IP theft.

Business 126
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Google Preemptively Banned Hundreds of Millions of ‘Pirate’ URLs Last Year

TorrentFreak

Under the current DMCA legislation, US-based Internet services are expected to remove infringing links, if a copyright holder complains. This process shields these services from direct liability. In recent years there has been a lot of discussion about the effectiveness of the system but it remains standard practice. Google has always maintained that the DMCA works well.

Reporting 121
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3 Count: Stranger Dancing

Plagiarism Today

Sam Smith and Normani escape Dancing with a Stranger lawsuit, ACE shuts down three Egyptian pirate networks and more! The post 3 Count: Stranger Dancing 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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Creativity and Technology: The FTC’s Warning Shot When Creating and Marketing Digital Products Using Artificial Intelligence

JD Supra Law

The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market. While the FTC has previously addressed issues such as exaggerating the use of AI in a product or the potential deceptiveness related to deepfakes or synthetic media, the most recent guidance focused on the impact of the use of generative AI in the creation of content and.

Marketing 124
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The Fatal Attraction of Medical Device ‘Right to Repair’

IP Watchdog

The contentious issues surrounding Right to Repair are getting super-heated as the U.S. Copyright Office concludes its triennial rulemaking review of exemptions to section 1201 of the Digital Millennium Copyright Act (DMCA). Exemptions granted would be in force for three years beginning October 2024. When is an exemption not an exemption? When it’s an exemption from common sense.

Copyright 124
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Judge Blocks Texas “Book Rating” Law

Velocity of Content

A federal judge has issued a preliminary injunction blocking HB 900, the controversial “book rating” law from taking effect in Texas. In court seeking to block the law, two Texas bookstores (Austin’s BookPeople and Houston’s Blue Willow Bookshop) together with the American Booksellers Association, the Association of American Publishers, the Authors Guild, and the Comic Book Legal Defense Fund had argued that HB 900 represents an unconstitutional restraint on the freedom to read, and an untenab

Law 115
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Why the Government’s Bill C-18 Draft Regulations Are Stacked Against Small, Independent, and Digital-First Media Outlets

Michael Geist

The problems with government’s Bill C-18 draft regulations involve more than just what amounts to a 4% link tax on Google and Meta alongside little effort to ensure the resulting revenues are used to support spending on journalists and news content. As noted in previous posts, the draft regulations put an end to the claim that the Online News Act involves compensation for news creation since the standards are now simply a function of Internet platform revenues, not news production costs.

Business 117
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What Patent Bills Would Mean for Infringement Litigation

JD Supra Law

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership Act, or the PREVAIL Act. Originally posted in Law360 - August 7, 2023.

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UK takes uncompromising approach to interpretation of "the product" under Art. 3(a) SPC Regulation (Newron v Comptroller [2023] EWHC 1471)

The IPKat

Recorder Douglas Campbell KC in the High Court recently handed down a decision ( [2023] EWHC 1471 ) considering the interpretation of "product" in the SPC Regulation. The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ). The marketing authorisation in the case specifically recited the active ingredient "safinamide".

Art 117
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CAFC Panel Investigating Newman Says District Court Case Must Be Dismissed

IP Watchdog

The three-judge panel that comprises the Special Committee investigating Judge Pauline Newman’s fitness to continue serving on the U.S. Court of Appeals for the Federal Circuit (CAFC) told the U.S. District Court for the District of Columbia on September 1 that the federal judiciary was meant to police itself, and that her claim that the Judicial Conduct and Disability Act of 1980 is unconstitutional should be dismissed.

Law 116
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Navigating Claim Construction and Broadening Amendments: Lessons from Sisvel v. Sierra Wireless

Patently-O

by Dennis Crouch In 2019, Sisvel began asserting its U.S. Patent Nos. 7,433,698 and 8,364,196 against cell phone makers, wireless chip suppliers, and cellular network operators. These patents claim methods and systems for exchanging frequency information between a mobile station and a mobile switching center to facilitate switching a mobile device’s connection point within a cellular network.

Art 113
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plaintiff has standing to seek injunctive relief against allegedly falsely advertised penile implant

43(B)log

Peña v. International Medical Devices, Inc., No. 2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. Cal. Apr. 17, 2023) Plaintiff brought the usual California statutory claims against Penuma, a penile implant/procedure, for alleged misstatements about Penuma’s safety and efficacy. Here, we deal only with the claims for injunctive relief. The Ninth Circuit has held: “[i]n some cases, the threat of future harm may be the consumer’s plausible allegations that she will be unable to rely on the product’s

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Hollywood’s Latest Pirate Site Blocking Injunction Covers ‘Future Content’

TorrentFreak

Like many other countries around the world, India’s copyright law allows rightsholders to limit access to pirate sites. This legal tool is widely used by the major Hollywood studios. These companies regularly obtain injunctions that require local Internet providers to block websites to prevent piracy. Over the years the nature of these court orders has evolved.

Copying 109
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CIPU Report Identifies Key Criteria Driving Strong Entrepreneurship & Innovation Programs at U.S. Universities

IP Watchdog

The Center for Intellectual Property Understanding (CIPU) has released a report that gauges the level of intellectual property (IP) engagement at the largest U.S. university entrepreneurship and innovation (E&I) programs. The nonprofit organization found that E&I programs at U.S. universities are increasingly incorporating IP into students’ business education.

Reporting 111
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August 2023 Roundup of Copyright News

Copyright Alliance

In August, the courts were ablaze with issuing big decisions in several major copyright cases, including one on AI and copyright authorship. Here is a quick snapshot of the copyright-related […] The post August 2023 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 108
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Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

SpicyIP

Image by Freepik Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.” The reason for such a move is stated as “to ensure fairness, credibility, and transparency in the recruitment process.” But it is surprising to see that the public notice neither specifies what these irregularitie

Designs 105
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Should Any Device Which Can Be Used to Infringe IP Be Made Illegal?

TorrentFreak

As pirate set-top boxes, illegal IPTV services and infringement of live TV broadcasts remain key concerns for the audiovisual sector, the pressure is on to find more effective anti-piracy solutions. Speaking with IBC last week, Sheila Cassells, Executive VP at the Audiovisual Anti-Piracy Alliance, warned that entertainment companies need to be very concerned about “any technological development” which can be used to access pirated content.

IP 108
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A Message from Deputy Secretary Don Graves

U.S. Department of Commerce

A Message from Deputy Secretary Don Graves September 8, 2023 ASowah@doc.gov Fri, 09/08/2023 - 08:48 Dear Business Leaders, As Deputy Secretary of Commerce, I am writing to you and your members to underscore the importance of continuing our collective work toward advancing diversity, equity, inclusion, and accessibility (DEIA). DEIA initiatives are not just cornerstones of corporate responsibility but are also critical for America's growth, innovation, and economic competitiveness.

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Upper crust – the POCKET SANDWICHES croissants saga (Part 1 of 2)

Likelihood of Confusion

Letters, we get letters. Sometimes people just want to share their trademark woes with me. Sometimes they want free advice, or cheap advice, or just a broad, powerful if round. The post Upper crust – the POCKET SANDWICHES croissants saga (Part 1 of 2) appeared first on LIKELIHOOD OF CONFUSION™.

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Have a break, have a KitKat: The chocolate or chanachur?

SpicyIP

Last month, the Calcutta High Court decided a trademark dispute between KitKat (chocolate coated wafers) and KitKat (chanachur – a savoury chickpea snack) after 23 years. For those who may not know, chanachur is a very popular street food/snack which Calcutta is famous for. Street vendors across the city make their own versions of chanachur mixed with fresh onions and spices.

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ACE Shuts Down Three Piracy Rings in Egyptian Whack-a-Mole

TorrentFreak

The Alliance for Creativity and Entertainment (ACE) is the most active anti-piracy coalition, assisting enforcement efforts around the world. The group is backed by prominent rightsholders such as beIN, Canal+, DAZN, Disney, Sky, Netflix, and Warner Bros, as it systematically hunts down key piracy players. Through new partnerships and connections, ACE expanded its work in the MENA region last year.

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WIPO’s Green Technology Book: what you can do to tackle climate change

WIPO Magazine

The Green Technology Book demonstrates that there are solutions that everyone can use to tackle climate change. Find out what you can do today to help overcome these challenges.

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A Success Of Patent Registration

Biswajit Sarkar Copyright Blog

In recent times, the Indian Intellectual Property Office has taken a mission for speedy disposal of all the intellectual property applications and completion of registration procedures. Following the same mission, the Indian Patent Office has taken a drive to dispose off the patent applications in a quicker way, provided all the procedures are properly attended by the applicant.

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How the Supreme Court Made Life Harder for Victims of Cyberstalking

The Illusion of More

It was such a busy Summer that I never got a chance to write about the Supreme Court’s June decision in the cyberstalking case Counterman v. Colorado. The story caught my attention when legal scholar and president of Cyber Civil Rights Initiative Mary Anne Franks tweeted, “the Supreme Court has just decreed that stalking is […] The post How the Supreme Court Made Life Harder for Victims of Cyberstalking appeared first on The Illusion of More.

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Bungie & Teenage Destiny 2 Cheat Settle Differences With $500K Permaban

TorrentFreak

Bungie’s copyright infringement-based lawsuits against cheat makers, sellers, and those who use them, have divided opinion in unexpected ways. While David vs. Goliath battles tend to have the masses cheering for the little guy, many videogame fans have grown tired of their enjoyment being spoiled by people who intentionally set out to spoil it.

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Ramp-Up and Ramp-Down of Production

Christopher Roser

In my last post I looked at the preparations for a proper ramp-up or start of a machine or process. This post is the second part where you actually press the button and start the machine. I will also discuss the ramp-down procedures, as well as a SMED-like approach to improve the ramp down and. Read more The post Ramp-Up and Ramp-Down of Production first appeared on AllAboutLean.com.

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Facebook Can Reject Unwanted Ads–Newton v. Meta

Technology & Marketing Law Blog

This is yet another online content removal lawsuit, and it reaches the obvious and inevitable result that dozens of cases have reached before it. The plaintiffs sought to run Facebook ads for the movie “Beautiful Blue Eyes,” a movie about the Holocaust. Facebook allegedly rejected the ads as violative of its Holocaust misinformation policy, a determination the film producers disagree with.

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Fashion. Law. Realness. Me!

Likelihood of Confusion

Will there be beautiful people? Please, darling! It's the Fashion Law Institute! The post Fashion. Law. Realness. Me! appeared first on LIKELIHOOD OF CONFUSION™.

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