Sat.Jan 18, 2025 - Fri.Jan 24, 2025

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Writers! Do You Know your Drafts on MS Word are being Scooped by Microsoft to Build its AI Algorithm? But You Can Stop This From Happening (Read On).

Hugh Stephens Blog

Image: Shutterstock Although I post my blog content on WordPress, I usually use MS Word to draft my content initially. I am used to it, and it is easy to use. Little did I know that, according to the blogsite and forum nixCraft, Microsoft recently (September Privacy update) switched on a feature that allows them … Continue reading "Writers! Do You Know your Drafts on MS Word are being Scooped by Microsoft to Build its AI Algorithm?

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MAME Devs Spent 628 Years Cracking Protection on 712 Retro Games

TorrentFreak

With the next cutting-edge big-budget AAA masterpiece never too far away, thousands of 8bit and 16bit classics dating back almost 50 years sit quietly by, waiting for the arrival of the next wave of curious explorers. The magic of emulation makes all of this happen and for many retro gaming enthusiasts, the Multiple Arcade Machine Emulator ( MAME ) rules them all.

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District Court: Factual Disputes Preclude Application of Safe Harbor to Gene Editing Technology at the Pleading Stage

JD Supra Law

The District of Delaware recently denied a motion to dismiss a patent infringement complaint involving gene editing technology that sought relief under the Safe Harbor Provision of the Hatch-Waxman Act. Specifically, the court found the patentees complaint sufficiently alleged at least some uses of the claimed technology that, when taken as true, were not solely uses of a patented invention that were reasonably related to an FDA submission.

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Sweet success for Thatchers in Court of Appeal decision on Aldi's lookalike lemon cider

The IPKat

The Court of Appeal of England & Wales handed down its much-anticipated judgment today in the trade mark infringement dispute, Thatchers Cider Company Limited v Aldi Stores Limited [2025] EWCA Civ 5. The decision partly overturned the controversial IPEC judgment (covered by the IPKat here ) in finding that Aldi's packaging took unfair advantage of Thatchers' well-known trade mark.

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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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Taking a Look at the Delhi High Court’s Ambitious (Yet Necessary?) Directives in Master Arnesh Shaw v. Union of India

SpicyIP

Image from here [ This post is authored by Sunidhi Das. Sunidhi is a second year student at NLSIU, Bangalore and is very enthusiastic about IP law and policy. Also a big thanks to Bharathwaj Ramakrishnan, Md. Sabeeh Ahmad, Praharsh, and Swaraj Paul Barooah for their input. Long post ahead. ] On October 4, 2024, the Delhi High Court issued a judgment in Master Arnesh Shaw v.

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Authors Seek Meta’s Torrent Client Logs and Seeding Data in AI Piracy Probe

TorrentFreak

Over the past two years, AI development has progressed at a rapid pace. This includes large language models, which are typically trained on broad datasets of texts; the more, the better. When AI hit the mainstream, it became apparent that many rightsholders had concerns over the unauthorized use of their copyright works. Creatives including photographers, artists, musicians, journalists, and authors, responded by filed copyright infringement lawsuits to protect their rights.

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[Guest post] Turin Court of Appeal upholds protection of Juventus FC’s unregistered colour combination trade mark for ‘Be the stripes’ jersey

The IPKat

The IPKat has received and is pleased to host the following guest post by Katfriend Edoardo Cesarini (GR Legal), discussing a recent decision of the Turin Court of Appeal (Italy) concerning protection of Juventus FCs unregistered trade mark for its black-pink-white colour combination. Heres what Edoardo writes: Turin Court of Appeal upholds protection of Juventus FCs unregistered colour combination trade mark for Be the stripes jersey by Edoardo Cesarini The Juventus colour combination mark at i

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SpicyIP Weekly Review (January 13 – January 19)

SpicyIP

Here is our recap of last weeks top IP developments including summary of the post on the analysis of Cigma Events Private Limited v. Deepak Gupta & Ors and enforcing criminal remedies against IP infringement in India. This and a lot more in this weeks SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Trust Issues – When Secrets Come with a Commercial Price: Analyzing Cigma Events Private Limited v.

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‘Piracy Shield’ Fails to Convert Pirates to Paying Subscribers, Data Suggest

TorrentFreak

Nearly a year has passed since Italy officially implemented Piracy Shield , a system that aims to deter and decrease live sports streaming piracy. Since last February, Piracy Shield has blocked access to thousands of IP-addresses and domain names associated with unauthorized broadcasts. This massive blocking operation is seen as a grandiose success by the authorities and many participating rightsholders.

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AI IP Year in Review - Patent Law and Generative AI 101

JD Supra Law

While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT, DALL-E, and LLaMa, uses machine learning models to learn patterns from human-created content and generate new content based on those patterns.

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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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Copyright Owners Are Still Suing Over Embedding

Technology & Marketing Law Blog

I thought the legality of embedding was definitively resolved when the Ninth Circuit reaffirmed the “server test” in the Hunley v. Instagram case (note: the 9th Circuit has reaffirmed Hunley twice). Not so. Plaintiffs are still regularly bringing lawsuits over embedding. Three embedding rulings, all from Tuesday: Richardson v. Townsquare Media, Inc., 2025 WL 89191 (S.D.N.Y.

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Epitope claims stand firm: Board of Appeal upholds functional antibody patent despite insufficiency attack (T 0326/22)

The IPKat

The recent Board of Appeal decision T 0326/22 is yet further confirmation, if any were needed, that functionally-defined antibody claims remain viable at the EPO. In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step.

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Man Jailed For Pirate IPTV Used By “Hundreds of Thousands” Had 2,000 Users

TorrentFreak

Official figures on exactly how many people have been arrested, prosecuted and sentenced for piracy-linked offenses, are not easily obtained in the UK. Indeed, disclosure in response to FOIA requests seems to become more difficult when petty offending results in no arrests, or when suspects are later released without charge. When it comes to those who sell or resell subscriptions or operate illegal IPTV services, the last couple of years have seen a fairly dramatic uptick in successful prosecuti

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We Wish You a Merry Christmas and a Happy. Public Domain Day

JD Supra Law

Some works enter the public domain the moment they are created, such as the AI-generated images below. Others take their sweet time, so when they finally do arrive, its cause for celebration.

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A Rare Invocation for a Rare Disease?: Government Urged to Invoke Section 100, Patents Act for Rare Disease Medicine

SpicyIP

Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. SMA is a genetic disease affecting the nerve cells that control voluntary muscle movement.

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SDNY: YouTube Sublicenses Embedding, But Copyright Concerns Linger

Copyright Lately

While one new ruling from the Southern District of New York protects YouTube embeds, another finds Twitter/Xs terms of use ambiguous, allowing infringement claims to proceed and underscoring the need for clearer platform policies. Two rulings, two sharply different results. On the same day last week, federal judges in the Southern District of New York issued a pair of decisions that highlight the persistent legal uncertainty publishers and websites in the Second Circuit face when embedding conte

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The Oktoberfest is fair game

The IPKat

The Oktoberfest in Munich is not just the worlds largest festival: its name has also become very popular in other countries. There are Bavarian-themed festivals around the world named Oktoberfest. As a consequence of this development, the term has become descriptive for such festivals and related goods and services. The Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO) confirmed the rejection of the word mark Oktoberfest for services in class 43 ( R1840/2019-4 ).

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USITC Commissioner Series: Commissioner Schmidtlein is Stepping Down, Which Could Lead to More Tailored Exclusion Orders

JD Supra Law

On Thursday, January 16, 2025, the U.S. International Trade Commission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025. Commissioner Schmidtlein was sworn in on April 28, 2014 and served as Chair of the Commission from January 2017 to June 2018.

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Law360 Names Firms Of The Year

IP Law 360

Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

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Moore Tells Appellate Court that Newman’s Challenge to Suspension is Doomed

IP Watchdog

The Chief Judge of the U.S. Court of Appeals for the Federal Circuit (CAFC) told the Court of Appeals for the D.C. Circuit on Thursday that Judge Pauline Newmans appeal of her effective removal from the CAFC should fail because her claims do not meet the exceptional circumstances warranted for transfer to another circuit and her constitutional challenges are precluded.

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annoyingly redacted opinion finds Block falsely advertised versus TurboTax

43(B)log

Intuit Inc. v. HRB Tax Gp., Inc., 2024 WL 5320392, No. 5:24-cv-00253-BLF (N.D. Cal. Dec. 3, 2024) Intuit, which makes TurboTax and has had some advertising troubles of its own (hey, check out the IRS Free File program , for taxpayers with AGI of $84,000 or less and with many fillable forms for those with more), sued HRB (Block) for its advertising of a competing tax product, and succeeded in part.

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UKIPO Launches New Consultation on Copyright and AI Interplay

JD Supra Law

The UK Intellectual Property Office ("UKIPO"), in collaboration with the UK Department of Culture, Media and Sport ("DCMS") and the UK Department for Science, Innovation and Technology ("DSIT"), has initiated a Consultation on Copyright and Artificial Intelligence.

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Law360 Names Practice Groups Of The Year

IP Law 360

Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

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Saturday Sundries

The IPKat

It's a new year and a fresh start to IP news, events and opportunities. IPKat reminders Katcall: Openings for GuestKats and InternKats! The deadline for submissions to the openings for GuestKat and InternKat positions (as announced here ) is approaching. Those interested must submit their complete applications no later than Monday, 20 January (midnight GMT).

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Trademark clarity where it’s manufacturer versus distributor

Likelihood of Confusion

Originally posted 2017-05-01 06:41:56. Republished by Blog Post PromoterEveryone here understands that in the U.S., trademark rights are determined by use, a term of art that, practically speaking, means hardly anything, but if it means anything at all pretty much means “sale.” And priority in trademark — priority being a term of art that means […] The post Trademark clarity where it’s manufacturer versus distributor appeared first on LIKELIHOOD OF CONFUSION.

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District Court Holds That Any Failure to Mark During the Damages Period Bars All Pre-Notice Damages

JD Supra Law

The District of Arizona recently held that a plaintiffs failure to mark patented products during the time period that marking was required barred it from recovering all pre-notice damages, including for a period of time when there was no obligation to mark.

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Copyright AI: Understanding Substantive Legal Developments

Barry Sookman

I head the pleasure of speaking yesterday at the Law Society of Ontarios 29th Intellectual Property Law Program: The year in Review. I was speaking on a panel “Artificial Intelligence: Substantive Legal Developments in Copyright Claims” along with Sana Halwani. Program can be found @ [link]. My slides can be accessed below.… The post Copyright AI: Understanding Substantive Legal Developments appeared first on Barry Sookman.

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Voting Reminder: IPKat Book of the Year Awards 2024

The IPKat

The deadline to cast your vote is fast approaching! Don't miss your chance to participate in the IPKat Book of the Year Awards 2024. Rules of Voting To cast your vote, fill in the form available here. Only books published in 2024 are eligible for the award. Please remember that, just as in previous years, only one vote per person is allowed. Deadline The voting is open until 31 January 2025.

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Fast Track: Chinese Origin Patents Racing Through USPTO via PPH

Patently-O

by Dennis Crouch I've been looking at some of the fastest issued US patents. A majority of the fastest issued are part of the Global IP5 Patent Prosecution Highway (PPH) pilot that gives substantial weight to patent allowances from a partner country. A substantial number of Chinese applications are using this program to great effect -- especially when coupled with the remarkable speed of the China National Intellectual Property Administration (CNIPA).

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USPTO Publishes Artificial Intelligence Strategy

JD Supra Law

On January 14, 2025, the United States Patent and Trademark Office (USPTO) published its Artificial Intelligence Strategy, outlining five AI Focus Areas: 1.Advance IP policies to promote inclusive AI innovation and creativity; 2.Invest in computational infrastructure, data resources, and business-driven product development to build AI capabilities; 3.

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Trump Names Coke Stewart Acting Director of the USPTO

IP Watchdog

At 12:01pm on Monday, January 20, 2025, a moment after President Donald J. Trump took the oath of office to start his second term as President, Coke Morgan Stewart was sworn in as the new Deputy Undersecretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO). Because she has been named as Deputy Undersecretary and Deputy Director, Stewart will immediately begin serving as Acting Undersecretary of Commerce for Intellectual Property

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Trump, Musk Sued By Nonprofits Over DOGE Transparency

IP Law 360

Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.

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Priority by Two Days: TTAB Grants Cancellation in Domain Name Dispute Turned Trademark Battle

Patently-O

by Dennis Crouch As someone quite familiar with the subject matter, I was looking forward to writing about the trademark battle of Nerdio, Inc. v. NerdIO Limited. The appeal was recently dismissed based upon a joint stipulation, but I still wanted to dig into the TTAB file for a few nuggets. Nerdio, Inc. v. NerdIO Limited , Cancellation No. 92075281 (TTAB May 14, 2024).

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IP Hot Topic: USPTO Publishes FAQs on Inventorship Guidance for AI-Assisted Inventions

JD Supra Law

Following the Inventorship Guidance for AI-Assisted Inventions, the United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQs) and answers regarding the guidance. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Clothiers and disclosure

Likelihood of Confusion

Originally posted 2016-05-06 13:38:19. Republished by Blog Post Promoter Interesting. This, from the mysterious Julie Zerbo at her iconoclastic blog, The Fashion Law: The newest group of potential outlaws in the fashion industry is not made up of tax evading Italian design houses. Instead, it is a slew of big-name brands and famous bloggers teaming up […] The post Clothiers and disclosure appeared first on LIKELIHOOD OF CONFUSION.