Sat.Oct 28, 2023 - Fri.Nov 03, 2023

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9 Spooky Copyright Stories for Halloween

Plagiarism Today

It's Halloween, so let's take a look at 9 copyright stories that show how intellectual property has shaped the spookiest holiday. The post 9 Spooky Copyright Stories for Halloween appeared first on Plagiarism Today.

Copyright 281
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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

Interpretations of G 2/21 by the EPO Boards of Appeal have so far been reasonably patentee-friendly. Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect.

Invention 117
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A Timeline Of Stroock & Stroock's Descent

IP Law 360

Stroock & Stroock & Lavan LLP's management intends to dissolve the firm in the near future following a partner vote on the plan last week, Law360 Pulse confirmed on Tuesday. The plan means the end of the 147-year-old New York-based firm, but it follows more than a year of a trickle, and at times a torrent, of departures and unsuccessful merger talks.

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White House Executive Order on AI Punts on IP Issues

Intellectual Property Law Blog

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. Some of the IP issues include: i) whether training AI models on copyrighted content constitutes infringement; ii) whether the output of genAI that is based on copyright-protected training

IP 262
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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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President Biden Signs Executive Order Calling for AI Watermarking

Plagiarism Today

President Biden has signed an executive order targeting security concerns around AI, that calls for regulations to watermark AI work. The post President Biden Signs Executive Order Calling for AI Watermarking appeared first on Plagiarism Today.

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Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Hugh Stephens Blog

Photo: Author (Poppy paid for!) I was at a store a couple of days ago and as is common at this time of year, there was the tray of Remembrance Day poppies on offer, with the proceeds going to the Royal Canadian Legion. I slipped in my $5 donation (is that enough in these days … Continue reading "Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Designs 244

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White House Executive Order Ramps Up US Regulation of and Policy Toward AI

Intellectual Property Law Blog

The US just catapulted into being the world leader on regulating AI. Bypassing Congress, the White house issued an Executive Order focusing on safe, secure and trustworthy AI and laying out a national policy on AI. In stark contrast to the EU, which through the soon to be enacted AI Act is focused primarily on regulating uses of AI that are unacceptable or high risk, the Executive Order focuses primarily on the developers, the data they use and the tools they create.

Privacy 130
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3 Count: Choreography Appeal

Plagiarism Today

Choreography lawsuit revived on appeal, two major Georgian streaming sites go offline and Mariah Carey sued again over Christmas hit. The post 3 Count: Choreography Appeal appeared first on Plagiarism Today.

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Safe, Secure, and Trustworthy Artificial Intelligence

Patently-O

by Dennis Crouch The White House this week issued a new executive order focusing on a variety of aspects of regulating artificial intelligence, some of which focuses on IP issues. The executive order lays out eight guiding principles for manages risks while allowing growth and benefits: Ensuring AI is safe, secure and trustworthy, including through developing guidelines, standards and best practices, verifying reliability, and managing risks related to national security, critical infrastructure

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Russia Blocks 167 VPNs, Steps Up OpenVPN & WireGuard Disruption

TorrentFreak

Late March 2023, Russia augmented its long-burning VPN crackdown with a series of PSAs claiming that using a VPN for security is actually much worse than not using a VPN at all. One of the ads warned that VPNs somehow obtain users’ passport details, plus their names, addresses, and dates of birth. Another suggested that since VPNs in Russia know everything about their users, spouses might learn about secret affairs, a high price for accessing a social network blocked in Russia, the PSA add

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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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October 2023 Roundup of Copyright News

Copyright Alliance

In October, Artificial Intelligence (AI) continues to dominate copyright law headlines as the U.S. Copyright Office received initial comments for its AI study, the White House issued an Executive Order […] The post October 2023 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 123
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3 Count: Trimmed Down

Plagiarism Today

Lawsuit against image AI companies trimmed down, Brazil regulators claim success in piracy fight, though piracy in the EU is on the rise. The post 3 Count: Trimmed Down appeared first on Plagiarism Today.

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Artist’s Copyright Claim against Stability AI Moves Forward Following a First-of-Its Kind Ruling

JD Supra Law

Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale copyright infringement—a potential threat to the commercial viability of these models. On October 30, in Andersen v. Stability AI Ltd. et al.

Copyright 120
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TTABlog Test: Is DRYLANDS BREWING COMPANY for Beer and Restaurant Services Confusable with DRYLANDS for Wine?

The TTABlog

The USPTO refused to register that mark DRYLANDS BREWING COMPANY & Design for "beer" and for "restaurant services, including sit-down service of food and take-out restaurant services; taproom services featuring beer brewed on premises” [BREWING COMPANY disclaimed], finding confusion likely with the registered mark DRYLANDS for wine. On appeal, applicants argued that DRYLANDS BREWING COMPANY is a unitary term engendering a "distinct commercial impression that is independent of the constituent

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Minority Businesses Help Drive America’s Economic Success

U.S. Department of Commerce

Minority Businesses Help Drive America’s Economic Success October 30, 2023 KCPullen@doc.gov Mon, 10/30/2023 - 16:13 Investing in communities and workers Minority business growth Minority entrepreneurs make critical contributions to our economy generating nearly $2 trillion in revenue each year. However, an equity gap remains between minority and non-minority-owned businesses.

Business 116
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3 Count: FileWarez Gone

Plagiarism Today

Brazilian site FileWarez is closed, an Indian court demands embarrassing videos removed and TikTok influencer targets fashion dupes. The post 3 Count: FileWarez Gone appeared first on Plagiarism Today.

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The Briefing: Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix

The IP Law Blog

A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Copyright 113
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Halloween Makeup and Copyright

Copyright Alliance

As the days grow shorter and the warmth of summer wanes, store aisles give way to a mesmerizing array of candy, costumes, and Halloween décor. Halloween, that bewitching night when […] The post Halloween Makeup and Copyright appeared first on Copyright Alliance.

Copyright 114
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EPO Enlarged Board of Appeal Introduces Strong Presumption of Priority Entitlement

IP Watchdog

The Enlarged Board of Appeal of the European Patent Office (EPO) on October 10 issued its (consolidated) decision G1/22 & G2/22, which promises to significantly reduce priority issues for applicants—U.S.applicants in particular. When the applicants for a European patent application differ from the applicants on the priority application, the EPO employs the well-established “joint applicants approach” to evaluate the priority claim's validity.

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CCB Bars Claimant, Attorney from Filing Cases for One Year

Plagiarism Today

For the first time ever, the Copyright Claims Board has barred a claimant and a lawyer from filing claims for 1 year. Here's why. The post CCB Bars Claimant, Attorney from Filing Cases for One Year appeared first on Plagiarism Today.

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Taco Tuesday for All

JD Supra Law

Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. This comes on the heels of Taco John’s giving up its “Taco Tuesday” trademark in all other states this summer.

Trademark 110
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“A Lack of Commitment to Transparency and a Failure of Leadership”: Melanie Joly and Global Affairs Ignore Information Commissioner Ruling in My Request for Decades-Old Copyright Records

Michael Geist

In 2017, I filed an access to information request with Global Affairs Canada seeking records related to the creation of the WIPO Internet Treaties more than 20 years earlier. The timing of the request was not accidental. The exception for cabinet confidences in the Access to Information Act no longer applies after 20 years and my hope was to gain insights into the government’s thinking during the negotiation process that might have previously been publicly unavailable.

Copyright 107
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Vidal Wants Input on Proper Sanctions for Withholding Evidence from PTAB

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued an Order last week in a sua sponte Director Review proceeding asking the parties to Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC and any interested amici to weigh in on the appropriate sanctions remedy when a party withholds evidence in an America Invents Act (AIA) proceeding.

Invention 109
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AI “Training” Still an Open Copyright Question

The Illusion of More

On October 30, Judge Orrick of the Northern District of California largely granted the AI companies’ motions to dismiss the class-action complaints filed by Sarah Andersen, Karla Ortiz, and Kelly McKernan on behalf of all visual artists whose works have been used without permission for the purpose of “training” generative AI models. Several complaints were […] The post AI “Training” Still an Open Copyright Question appeared first on The Illusion of More.

Copyright 106
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Pharma and medical device regulation – GTDT – Lexology

Olartemoure Blog

A Clear Guide for the Regulation of the Pharma and Medical Device Industry in Colombia The Pharma and Medical Device industry is one of the biggest in the world. Its regulation changes country to country, which can sometimes make comparisons difficult. Due to this, Lexology decided to publish a series of reference guides that allow for comparison among more than 20 jurisdictions all around the world.

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New book: “The New York Yankees in Popular Culture”

Likelihood of Confusion

As my youthful enthusiasm for professional sports waned, my interest in brands increased. And as a New Yorker, I was always fascinated by the development of the Yankees brand, especially because I once had a partner who had been general counsel to the team; we discussed some of the issues. The post New book: “The New York Yankees in Popular Culture” appeared first on LIKELIHOOD OF CONFUSION™.

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Apple Loses at ITC with Apple Watch Import Ban

IP Watchdog

On Thursday, October 26, the U.S. International Trade Commission (ITC) issued a limited exclusion order (LEO) and cease and desist order against Apple, potentially barring the technology company from importing Apple Watches into the United States. The ITC found Apple violated section 337 by importing Apple Watches that infringed on two Masimo patents that covered technology related to reading blood-oxygen levels.

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Brazil Regulator Claims “80% of Pirate TV Boxes” Were Blocked Last Week

TorrentFreak

Authorities and rightsholders in Brazil appear determined to disrupt, restrict, or completely deny access to the illegal TV market enjoyed by millions of local citizens. From taking on pirate IPTV services to the outlawing of non-certified set-top boxes, to blocking illegal streaming websites and the removal of pirate apps, no target is off limits. One of the agencies at the forefront of this anti-piracy activity is the National Telecommunications Agency, better known as Anatel.

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Ask the Expert: What to know about road safety and personal injury

Nelligan Law

Reading Time: < 1 minute With more workers returning to the office and the school year in full swing, Ottawa roads are busier than ever. Unfortunately, that also means an increase in accidents involving drivers, cyclists, and pedestrians. If you are involved in an accident, what are the first steps you should take? How is liability determined if a collision involves multiple parties?

Law 87
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We’ve got a bigger problem now

Likelihood of Confusion

Orwell Estate Sends Copyright Takedown Over the Number “1984” – TorrentFreak [link] — TrademarkBlog (@TrademarkBlog) October 27, 2015 It’s like something out of 1984! Where to start? Where to begin? The post We’ve got a bigger problem now appeared first on LIKELIHOOD OF CONFUSION™.

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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Introduction to Trademark Dilution The concept of Dilution was first introduced in 1927, a theory was propounded namely The Rational Basis of Trademark in the article of Mr. Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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ACE & Georgian Govt. Shut Down Pirate Sites Already “Shut Down” Last Year

TorrentFreak

For Georgia’s 3.7 million citizens, the European mainland lies just over the Black Sea. For the determined, EU membership is also visible on the western horizon; those who look to the north see little except Russia. The European Union’s preparations to welcome Georgia into the bloc are both meticulous and extraordinarily complicated. Several dedicated websites detail various aspects of vision and planning , yet barely manage to scratch the surface of the challenges ahead.

Cinema 94
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China is Granted More than Twice the Global Patents as the U.S.; Leads in 29 of 36 Fields

IP Close Up

China is the undisputed leader in global patent grants according to data provided by the UN’s World Intellectual Property Organization, with 607,758 issued in 2021, Continue reading

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[Audio] A View From the Starting Line – A Conversation with Teenpreneur Tierney Schmidt

JD Supra Law

Today's Founders Shares podcast episode presents a unique perspective that I'm sure will resonate with many of you. We typically delve into the stories of seasoned entrepreneurs and their businesses. However, this time, we're flipping the script. In this episode, we're going to embark on a journey with someone who's at the starting line, someone who's young, and full of potential, but hasn't yet launched a full-fledged business.

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Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor

Technology & Marketing Law Blog

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. A series of other negative reviews followed. An associate of the plaintiff alerted Nextdoor about the reviews and requested their removal. Eventually, Nextdoor did remove some reviews, although the posts remained online for roughly three weeks.