Sat.Oct 12, 2024 - Fri.Oct 18, 2024

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The Substance of OpenAI’s Patent Pledge?

Patently-O

by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.

Patent 122
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Skiplagged, American Airlines and a Bizarre Copyright Verdict

Plagiarism Today

A battle over the practice of skiplagging has created a bizarre copyright verdict that could impact the use of logos online. The post Skiplagged, American Airlines and a Bizarre Copyright Verdict appeared first on Plagiarism Today.

Copyright 290
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Singapore Inhibits Rightsholders Ability to Use Contracts to Prevent Unlicensed Text and Data Mining of Content

Hugh Stephens Blog

Image: Shutterstock (AI modified) Singapore already has one of the most permissive text and data mining (TDM) exceptions in copyright law found anywhere, allowing AI developers to ingest copyrighted content for AI training purposes subject only to a very few limitations, all of which are pretty minimal.

Contracts 162
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Two Upcoming Webinars with Erik

Erik K Pelton

Want to learn more about trademark scams and how AI can assist you in your trademark practice? Erik shares details of 2 upcoming webinars in this episode. The post Two Upcoming Webinars with Erik appeared first on Erik M Pelton & Associates, PLLC.

Trademark 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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Northwestern University Sues Moderna Over Spikevax Vaccine

IP Watchdog

Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel

Inventor 144
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3 Count: Baby Blues

Plagiarism Today

Tenth Circuit revives baby doll case, German Supreme Court rules against photographer and Discord fights DMCA subpoena. The post 3 Count: Baby Blues appeared first on Plagiarism Today.

More Trending

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5 free trademark monitoring tools

Erik K Pelton

The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Doing nothing about a known infringement situation for a long period of time can lead to “laches,” a legal theory that could prevent you from later enforcing any rights you may have once had.

Trademark 130
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The Most Important Issues Facing the IP Industry | IPWatchdog Unleashed

IP Watchdog

This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.

IP 128
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3 Count: ISP Liability

Plagiarism Today

Appeals court gives record companies a major win, delayed Indian film draw copyright lawsuit and fitness celebs settle part of their dispute. The post 3 Count: ISP Liability appeared first on Plagiarism Today.

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Can you photograph a copyright-protected wallpaper without the right holder’s explicit consent? Yes, says the German Supreme Court

The IPKat

If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German Supreme Court recently decided this question in three parallel cases ( I ZR 139/23 , I ZR 140/23 and I ZR 141/23 ).

Copyright 116
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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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25 Ways to Avoid Trademark Scams

Erik K Pelton

The following is an edited transcript of my video 25 Ways to Avoid Trademark Scams. Know that everything you file related to a trademark at the USPTO is in the public records. Use an attorney for many reasons when you’re filing a trademark application, but one of the valuable reasons is they can give you guidance about scams and they can act as a buffer by being the primary contact.

Trademark 130
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Jack Daniel’s Continues, with Trademark Dilution as the New Battleground

IP Watchdog

By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.

Trademark 123
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BREAKING: Fla. Jury Finds 2 Live Crew Can Take Back Music Rights

IP Law 360

A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.

Music 111
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Infosys Limited Vs. Southern Infosys Limited Case On Trademark Infringement

IP and Legal Filings

Introduction The case revolved around the unauthorised use of the Infosys trademark by Southern Infosys Limited. The High Court of Delhi delivered its judgment on May 27, 2024. This is an important ruling that underscores the importance of trademark protection and issues of infringement. This case is a name closely similar to the well-known Infosys Limited.

Trademark 104
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Evidence of Increasing Scams Targeting Trademark Applicants - and What Can Be Done

JD Supra Law

In a guest article, Venable's Rebecca Liebowitz, Andrew D. Price, and Samantha J. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients.

Trademark 105
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SCOTUS Nixes McRO Eligibility Argument in Denying Yet Another Section 101 Cert Petition

IP Watchdog

Yesterday, the U.S. Supreme Court issued an order list indicating that it had denied yet another petition for writ of certiorari seeking clarity on the patent eligibility of claims covering improvements to computer technologies under 35 U.S.C. § 101. The petition, filed by digital photography innovator Plotagraph, had argued against both the abstract idea determination under Federal Circuit case law on technological improvements to computer animations, as well as the district court’s early deter

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Infographic | How is International Cooperation Crucial to Combat Online Piracy?

Olartemoure Blog

This initiative underscores the vital importance of collaboration between multiple agencies and countries. Since its inception, Operation 404 has become a success story in the global fight against online piracy. Previous phases have led to the blocking of thousands of illegal websites and apps, the execution of numerous search warrants, and the seizure of equipment used for cybercrimes.

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Federal Circuit Revives Patent Suit Against Aetna Over Health Savings Cards

Patently-O

by Dennis Crouch In AlexSam v. Aetna , the Federal Circuit recently revived the patentee's infringement lawsuit against health insurance giant Aetna over its Visa and Mastercard-branded health savings account (HSA) debit cards. AlexSam, Inc. v. Aetna, Inc., No. 22-2036 (Fed. Cir. Oct. 8, 2024). The district court has dismissed the case on 12(b)(6) for failure to state a claim of infringement.

Patent 105
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What are Accident Benefits?

Nelligan Law

Reading Time: < 1 minute Accident benefits are a type of insurance coverage available to all persons who are involved in a motor vehicle accident or otherwise injured through the use or operation of a motor vehicle. The benefits are available if the accident occurred in Ontario or if the person is an insured person pursuant to a policy of insurance issued to a vehicle located in Ontario.

Law 104
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China’s Administrative Patent Infringement Procedure: A Litigation Tool Worth Patent Holders’ Notice

IP Watchdog

There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts. With the ongoing efforts of the China National Intellectual Property Administration (CNIPA), the regulation of patent infringement administrative procedures has become more comprehensive.

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Expert Witness Used Generative AI to Prepare His Report. It Didn’t Go Well–In re Weber

Technology & Marketing Law Blog

This case involves real property on Cat Island in the Bahamas. After the death of Michael S. Weber , the property passed into his trust. Susan, his sister, is the trustee, and his son Owen is a trust beneficiary. Owen may have difficulty managing his money. When asked what happened to a $319k trust disbursement, he said “that he attempted to start a business, had drug addiction, and ‘I blew — blew that money.'” Owen nevertheless thinks Susan should have sold the Cat Island prop

Reporting 102
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2 Live Crew Reclaims Copyrights in Iconic Rap Hits

Copyright Lately

A Florida jury has handed 2 Live Crew a big win, allowing them to reclaim copyrights in classic rap tracks in a long-running legal battle with Lil’ Joe Records. BREAKING : A Miami federal jury on Wednesday cleared the way for famed hip-hop group 2 Live Crew to recapture ownership of their early 1990s music catalog, concluding a major copyright termination battle with Lil’ Joe Records.

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TorrentGalaxy Has a Rough Start Under New Owners

TorrentFreak

TorrentGalaxy has had its fair share of issues over the past few months. In June, many users feared that the site had thrown in the towel, displaying only a cryptic message that read “4ever?” to visitors. This came as a surprise, even to the site’s top staffers, who had no clue what was going on. The site eventually returned as if nothing ever happened and resumed its operations.

Ownership 102
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USPTO Told More Clarity Needed On AI And Patent Eligibility

IP Law 360

Numerous companies and industry groups have said they welcome the U.S. Patent and Trademark Office's new guidance on when inventions involving artificial intelligence are eligible for patents, but many urged the agency to provide additional clarity and practical examples.

Patent 98
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Revaluating the Sweeping Brushstrokes of Protection for Black-and-White Trademarks in India 

SpicyIP

[ This post is authored by SpicyIP Intern Samridhi Chugh. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.

Trademark 100
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Wealth Taxation : Global Needs for Climate Mitigation & Indian Possibilities

IP and Legal Filings

Introduction Global Warming, through carbon emissions and usage of fossil fuels, remains on an all time high. The ecological impact of carbon emissions and a steadily rising carbon footprint remain a concern, especially with calls from the international arena to keep warming well bellow the 2 degree celsius mark. Within this arrangement, it is important to note the contributions of the Ultra High Net Worth (UHNW) individuals towards the climate crisis, with a largely disproportionate impact of t

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Discord Disputes DMCA Subpoena, Rejects Role as ‘Anti-Piracy’ Partner

TorrentFreak

Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit. Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and don’t require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party service providers.

Privacy 102
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SunPower Corp. Gets OK For Chapter 11 Plan

IP Law 360

A Delaware bankruptcy judge Friday approved residential solar technology company SunPower Corp.'s plans to distribute the proceeds of its asset sales to the creditors in its Chapter 11 case after hearing all objections had been resolved or put off.

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Federal Circuit Rejects District Court’s Overly Narrow Claim Construction in LED Patent Infringement Case

IP Watchdog

On October 16, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CAO Lighting, Inc. v. Feit Electric Co., Ltd. vacating a summary judgment entered by the Central District of California that found Feit Electric did not infringe semiconductor light source patent claims asserted by CAO Lighting. In so ruling, the Federal Circuit found that the district court erred in construing the claim term “first reflective layer,” and in requiring that the claimed first reflective layer be co

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What are Good KPIs?

Christopher Roser

To control any kind of system, you need to know its status. For a simple system like heating, the indoor temperature may be the key input. For something as complex as manufacturing, however, there could be a myriad of different measurements that can help you to control the system. In this context, KPIs (key performance.

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Aereo, FilmOn, and the “Shimmer” of maybe-unlawfully-clever digital entertainment delivery

Likelihood of Confusion

Originally posted 2014-07-22 13:14:34. Republished by Blog Post PromoterThose of you of a certain age will remember the classic SNL parody commercial for “New Shimmer“: It’s kind of the same thing with Aereo, isn’t it? As I said in my now-legendary-in-my-own-mind multi-part post, every next judge presented with the relevant inquiries in the Aereo case […] The post Aereo, FilmOn, and the “Shimmer” of maybe-unlawfully-clever digital entertainment delivery

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Bacardi Fends Off Cuban Co.'s 'Havana Club' TM Claim

IP Law 360

A D.C. federal judge tossed a Cuban state-owned company's counterclaim accusing Bacardi of infringing its "Havana Club" trademark, saying U.S. law barred the court from enforcing the mark.

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Rightsholders Seek U.S. Help to Collect $1.4 Million Piracy Judgment Against Cloudflare

TorrentFreak

Popular Internet infrastructure service Cloudflare has come under pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. These pirate sites have proven to be quite a headache for Cloudflare. For example, rightsholders continue to complain that the company helps pirates conceal their hosting locations and identities, as was made clear again in recent submiss

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The Real Estate Economics of India

IP and Legal Filings

Introduction The real estate sector is one of the most recognizable in the world. It has four sub-sectors – housing, retail, tourism and trade. The growth of this sector is accompanied by the growth of corporate status and the need for office space and urban and central residential areas. The construction industry is ranked third among the 14 major sectors in terms of direct, indirect and resulting outcomes across all sectors of the economy.

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Patenting at the Frontiers, Algorithms and Section 3(k)

SpicyIP

Continuing the discussion on the Blackberry cases ( here and here ) after Yogesh’s post , Bharathwaj Ramakrishnan writes on the Court’s new test for inventions incorporating algorithms and explores whether there is a distinction between computer programmes and algorithms. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP.