Sat.Sep 30, 2023 - Fri.Oct 06, 2023

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Trademark lessons from The Bear

Erik K Pelton

What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks? More than you think, as Erik explains in this video. The post Trademark lessons from The Bear appeared first on Erik M Pelton & Associates, PLLC. What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks?

Trademark 162
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Canva Launches New Suite of AI-Powered Design Tools

Plagiarism Today

The graphic design platform Canva has launched a dozen new AI-powered tools. But how well do they work and are they legal/ethical to use? The post Canva Launches New Suite of AI-Powered Design Tools appeared first on Plagiarism Today.

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SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 (Fed. Cir. July 14, 2023)

Intellectual Property Law Blog

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g).

Invention 162
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What the CRTC’s New Registration Requirements Mean for Regulating Everything from Online News Services to Podcast Providers

Michael Geist

The CRTC last week released the first two of what is likely to become at least a dozen decisions involving the Online Streaming Act (aka Bill C-11). The decision, which attracted considerable commentary over the weekend, involves mandatory registration rules for audio and visual services that include far more than the large streaming services. The Commission says the registrations would give it “ de minimis information about online undertakings and their activities in Canada, which would give th

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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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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

JD Supra Law

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.

Copyright 142
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SCOTUS to Test the Limit of Copyright Liability

Plagiarism Today

The Supreme Court has taken up a case that will determine how far back copyright damages can go. Here's why the case is important to watch. The post SCOTUS to Test the Limit of Copyright Liability appeared first on Plagiarism Today.

Copyright 239

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Limiting Public Participation: Why No One Should Be Surprised at the CRTC’s Internet Services Registration Requirement Ruling

Michael Geist

The CRTC’s decision to require registration for a wide range of Internet sites and services that meet a $10 million revenue threshold, including podcasters, adult sites, and news sites, appears to have taken many Canadians by surprise. For anyone who closely followed Bill C-11, this was entirely expected given that the bill adopts an approach in which all audio and video content anywhere in the world is subject to Canada’s Broadcasting Act.

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Cold Open: The Impact of Artificial Intelligence on Authorship in Film and Television Writing

IP Watchdog

Last week, the Writers Guild of America (WGA) reached a tentative three-year deal to resolve a writer’s strike following a labor dispute with the Alliance of Motion Picture and Television Producers (AMPTP). The deal was reached on September 27, 2023, after a 148-day strike, which was the second-longest in the union’s history. According to USA Today, the WGA’s leadership board has lifted the restraining order barring writers from returning to work, and its members will vote to officially ratify t

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3 Count: Wolfgang Vaulted

Plagiarism Today

Wolfgang's Vault owner dodges personal liability, Ed Sheeran lawsuit continues and Spotify threatens to leave Uruguay. The post 3 Count: Wolfgang Vaulted appeared first on Plagiarism Today.

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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Intellectual Property Law Blog

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.

Copyright 147
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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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Canada Plans to Regulate Search and Social Media Use of Artificial Intelligence for Content Moderation and Discoverability

Michael Geist

The Canadian government plans to regulate the use of artificial intelligence in search results and when used to prioritize the display of content on search engines and social media services. AI is widely used by both search and social media for a range of purpose that do not involve ChatGPT-style generative AI. For example, Google has identified multiple ways that it uses AI to generate search results, provide translation, and other features, while TikTok uses AI to identify the interests of its

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Popular “AI Hub” Discord Taken Down Following Copyright Complaints

TorrentFreak

Artificial intelligence is booming. Dozens of companies are enthusiastic about its potential and many regular people are tinkering with it too. The ‘AI Hub’ Discord server was the place to be for true AI enthusiasts. In just a matter of months, it grew from zero to a thriving community of more than 500,000 members. Through the server, people shared the latest tips and tricks, new developments, but also complete models.

Copyright 139
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3 Count: Meaner Girls

Plagiarism Today

Authors Guild sends open letter to AI companies, Russia prepares to ban VPNs from their own store and Paramount releases Mean Girls on TikTok. The post 3 Count: Meaner Girls appeared first on Plagiarism Today.

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What the Patent Eligibility Restoration Act Means for Artificial Intelligence Inventions

IP Watchdog

PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. Patent and Trademark Office (USPTO) examining corp.

Invention 137
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Generative AI: the US class action against Google Bard (and other AI tools) for web scraping

Kluwer Copyright Blog

Image by Alexandra_Koch from Pixabay The US class action against Google Bard ( J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”).

Fair Use 136
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Anna’s Archive Scraped WorldCat to Help Preserve ‘All’ Books in the World

TorrentFreak

A few years ago, book piracy was considered a fringe activity that rarely made the news, but times have changed. Last year, the U.S. Department of Justice targeted popular shadow library Z-Library, accusing it of mass copyright infringement. Two of the site’s alleged operators were arrested and their prosecution is still pending. In recent months, shadow libraries have also been named in other lawsuits.

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Updates on 5 Key Copyright Claims Board Cases

Plagiarism Today

As the copyright claims board moves forward, we have updates of five of the key cases that have been filed with it. The post Updates on 5 Key Copyright Claims Board Cases appeared first on Plagiarism Today.

Copyright 216
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Canadian Heritage Minister Pascale St-Onge’s Internet Regulation Misinformation Problem

Michael Geist

The temperature over the government’s Internet legislation has increased this week as many Canadians wake up to the consequences of Bills C-11 and C-18. CRTC regulations on mandated registration requirements arising from the Online Streaming Act and the possibility that Google will follow Meta’s lead and remove news links for search results in Canada due to the Online News Act have placed the spotlight on harmful effects of the government’s approach.

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Red Points sued for Defamation over DMCA takedown notice

JD Supra Law

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the seller on an Amazon website. Instead of taking down the product, the Seller sued Red Points for what they allege is a defamatory accusation about their business as the counterfeiting was denied.

Business 125
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Encrypted Client Hello (ECH) Effectively Defeats Pirate Site Blocking

TorrentFreak

Website blocking has become the go-to anti-piracy measure for the entertainment industries when tackling pirate sites on the internet. The practice has been around for well over 15 years and has gradually expanded to more than forty countries around the world. The actual blocking is done by Internet providers, often following a court order. These measures can range from simple DNS blocks to more elaborate schemes involving Server Name Indication (SNI) eavesdropping, or a combination of both.

Privacy 130
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3 Count: Over The Hump

Plagiarism Today

BMG and MGA settle a lawsuit over My Humps parody, Plex sued over photograph and NLE Choppa sued over a 2020 song. The post 3 Count: Over The Hump appeared first on Plagiarism Today.

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EUIPO shoots down application to register virtual firearm as a trade mark

The IPKat

In a recent decision ( R 275/2023-4 ), which is particularly meaningful to anyone wondering about trade mark protection in virtual worlds, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative representation of a virtual firearm lacked the requisite distinctive character to be a registered as a trade mark.

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Resource Guide for the Copyright Office Artificial Intelligence Initiative

JD Supra Law

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection of materials relating to the AI Initiative. New Artificial Intelligence Initiative - On March 16, 2023, the USCO launched the new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works.

Copyright 124
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Five Key Points from the Invasion of Privacy Lawsuit Against OpenAI

IP Watchdog

On September 6, OpenAI faced its second invasion of privacy lawsuit filed in the U.S. District Court for the District of Northern California, for allegedly stealing private information from millions of internet users. While the Plaintiffs acknowledge in their complaint that Artificial Intelligence (AI) has the potential to create life-saving technologies and herald discoveries that could improve our daily lives, they claim OpenAI crossed the line of using altruistic means of reaching its objecti

Privacy 121
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3 Count: Copyright Limits

Plagiarism Today

Supreme Court to hear case over copyright statute of limitations, Writers hit back at Open AI response and RIAA targets pirate apps. The post 3 Count: Copyright Limits appeared first on Plagiarism Today.

Copyright 189
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In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark

Technology & Marketing Law Blog

This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I wrote an expert declaration about them in 2021). Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net.

Trademark 120
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Generative AI

JD Supra Law

Generative artificial intelligence (AI) programs, like Dall-E and ChatGPT, seem to be all the rage right now. Tech companies big and small are now racing to come up with the next big thing. Like other forms of AI, generative AI analyzes large amounts of data to identify which patterns will be used to create some output.

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Other Barks & Bites for Friday, October 6: CAFC Issues Precedential Opinions; Software Company Must Pay Columbia University $481.3 Million for Patent Infringement; Senate IP Subcommittee Discusses SHOP SAFE Act

IP Watchdog

This week in Other Barks & Bites: The U.S. Supreme Court denies a hearing to music publishers who accused a website of infringing on the copyright of live music performances; the U.S. Court of Appeals for the Federal Circuit (CAFC) issues two precedential patent opinions; X Social Media sues Elon Musk’s social media platform X for copyright infringement; and the PTAB grants Mylan Pharmaceutical’s petition for an inter partes review on the validity of Novo Nordisk’s Ozempic and Wegovy patent

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Australian Man Denies Spy Charges by Claiming He’s a Plagiarist

Plagiarism Today

An Australian man is admitting to plagiarism in hopes that it will help him avoid a 15-year prison sentence for reckless foreign interference. The post Australian Man Denies Spy Charges by Claiming He’s a Plagiarist appeared first on Plagiarism Today.

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Unlocking the Power of FAIR Data: Building Trust and Success in the AI Era

Velocity of Content

FAIR data plays a crucial role in AI creating a foundation for trust and success. On September 18th, we co-hosted a special event in Leiden (Netherlands), on “the evolving role of data in the AI era.” The focus of the meeting was FAIR data and their importance in a world where the adoption of machine learning and AI is becoming ubiquitous.

Licensing 115
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Famous Authors Clap Back at OpenAI’s Attempt to Dismiss Claims Regarding Unauthorized Use of Content for Training LLM Models

JD Supra Law

As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are among the plaintiffs to bring suit in California, while authors George R.R. Martin, John Grisham, and others have filed in New York.

Copyright 117
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Kavanaugh Signals Openness to Revisiting Patent Eligibility Framework as Supreme Court Declines CareDx Petition

Patently-O

by Dennis Crouch The Supreme Court declined to hear an important patent eligibility case on October 2nd, denying certiorari in CareDx v. Natera. This leaves in place a Federal Circuit ruling that invalidated CareDx’s patents on its method for detecting organ transplant rejection. The patents at issue covers breakthrough diagnostic technique using cell-free DNA to non-invasively detect organ transplant rejection.

Patent 113
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September 2023 Roundup of Copyright News

Copyright Alliance

In September, Artificial Intelligence (AI) continued to be a hot topic in the courts and at the U.S. Copyright Office. Here is a quick snapshot of those and other copyright-related […] The post September 2023 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 111
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Opportunity Costs (and with AI it may cost a bunch)

The Illusion of More

Lately, one reads a lot of statements with the preamble “Artificial intelligence presents opportunities and challenges…” But is this the right way to frame the conversation? Because if we’re talking about creative professionals and their industries, it is probably more accurate to say that generative AI presents clear threats and some opportunities.

Art 109
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What does Trademark Law Protect Against?

JD Supra Law

If you are in business and use a word, phrase, symbol, design, or any combination of these to identify your goods or services, you have a trademark and need to consider "What does trademark law protect against?".