Sat.Feb 24, 2024 - Fri.Mar 01, 2024

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What Does Fair Use and Fair Dealing Mean in an Age of Artificial Intelligence (AI)

Hugh Stephens Blog

Image: Shutterstock For those of you who may have missed it, this is “Fair Use and Fair Dealing” week, sponsored once again this year by the Association of Research Libraries in the US and the Canadian Association of Research Libraries in Canada.

Fair Use 279
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The Copyright Battle Over a Tarot Card Deck

Plagiarism Today

A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.

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Federal Circuit Weighs in on Temporal Rigidity of the Baye-Dole Act’s Licensing Provisions

Intellectual Property Law Blog

In University of South Florida Board of Trustees v. United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that reduction to pr

Licensing 130
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25 Ways to Avoid Trademark Scams

Erik K Pelton

Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com. The post 25 Ways to Avoid Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com.

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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My First Take on the Online Harms Act: Worst of 2021 Plan Now Gone But Digital Safety Commission Regulatory Power a Huge Concern

Michael Geist

After years of delay, the government tabled Bill C-63, the Online Harms Act , earlier today. The bill is really three-in-one: the Online Harms Act that creates new duties for Internet companies and a sprawling new enforcement system, changes to the Criminal Code and Canada Human Rights Act that meet longstanding requests from groups to increase penalties and enforcement against hate but which will raise expression concerns and a flood of complaints, and expansion of mandatory reporting of child

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Federal Circuit Rules on when the Patent Trial and Appeal Board is Engaging in Erroneous Claim Construction

Intellectual Property Law Blog

EcoFactor, Inc. is the holder of U.S. Patent No. 8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate control systems, particularly HVAC systems, in residential and commercial buildings. The patented technology utilizes a thermostat that considers external weather conditions and the thermal characteristics of individual structures to dynamically adjust temperature settings, aiming to improve energy efficiency and c

Patent 130
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Trademark Lessons from The Bear

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from The Bear. The Bear is a great television show about a restaurant—specifically building out a restaurant—and my family is in the restaurant business, so it hits close to home for me. Here’s a few trademark lessons that we can learn from The Bear. In the restaurant industry, there’s always some emergency, something going wrong.

Trademark 130
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A New Supreme Court Case Could Take a Toll on Copyright Trolls

JD Supra Law

We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a significant impact on the viability of typical copyright troll claims and, more broadly, the continued prevalence of copyright trolling.

Copyright 133
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The Bizarre IP History of Clue/Cluedo

Plagiarism Today

Clue/Cluedo is a timeless game that is nearly 75 years old. However, the IP history behind it is a sad but familiar tale of a creator missing out. The post The Bizarre IP History of Clue/Cluedo appeared first on Plagiarism Today.

IP 220
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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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Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication

Intellectual Property Law Blog

In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. Background In response to an infringement case filed by Provisur, Weber filed two inter partes review (“IPR”) petitions to invalidate two patents owned by Provisur, based on Weber’s operating m

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And Again, Abstract Ideas are Not Patentable!

The IP Law Blog

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023) 2023 U.S. App. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.

Patent 107
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Making a Proper Determination of Obviousness

Patently-O

by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. v.

Art 116
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Why Using AI for Research Papers is a Bad Idea

Plagiarism Today

A recent study from Indiana University highlights why using AI in academic publishing is a very, very bad idea. The post Why Using AI for Research Papers is a Bad Idea appeared first on Plagiarism Today.

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Three Congressional Letters Show the March-In Debate Has Shifted

IP Watchdog

When the Biden Administration unleashed its proposed march-in guidelines last December, it claimed they would be a powerful tool for lowering drug prices by allowing the government to “march in” to license copiers under the authorities of the Bayh-Dole Act. It did so despite previously joining every other Administration denying price control petitions as not authorized under the law.

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OpenAI: ‘The New York Times Paid Someone to Hack Us’

TorrentFreak

In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. A few hours ago, OpenAI and Microsoft responded to the New York Times complaint, asking the federal court to dismiss several key claims.

Fair Use 113
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Why the Criminal Code and Human Rights Act Provisions Should Be Removed from the Online Harms Act

Michael Geist

Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill , I identified the provisions as one of three red flags, warning that they “ feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints.

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Columbia University DEI Head Accused of Plagiarism

Plagiarism Today

Another DEI head is facing allegations of plagiarism. This one targets Alade McKen, the head of DEI for Columbia University. The post Columbia University DEI Head Accused of Plagiarism appeared first on Plagiarism Today.

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IP Strategy Co. Seeks Sanctions For Suit Over Patent Deal

IP Law 360

Intellectual property strategy and transactions company Transpacific IP has asked the Delaware Chancery Court to sanction Slingshot Technologies LLC more than $400,000 for making "fabricated allegations" in a failed lawsuit over Transpacific's sale of Orange SA network patents.

IP 105
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Nintendo’s Yuzu Lawsuit Aims to Pour Banana Peels Over All Emulators

TorrentFreak

It’s not uncommon for people to wander into some corner of the overall emulation scene with a specific question: Are emulators legal? While not necessarily true, the most common answer is: yes, emulators are completely legal but distributing the games (ROMs) is most definitely not, so don’t request them here. In response to questions from those interested in the DIY approach, gamers are often advised to rip only the games they actually own, or only download games they intend to rip,

Copying 93
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Transamerica v. Moniker Online: When domain registrars go bad

Likelihood of Confusion

[stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. v. Moniker Online Services, 672 F.Supp.2d 1353 (S.D. Fla. 2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. The decision is over […] The post Transamerica v.

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3 Count: Underpaid Royalties

Plagiarism Today

Composers and publishers owed nearly $400 million, Japanese publishers to sue Cloudflare and Sony settles copyright termination case. The post 3 Count: Underpaid Royalties appeared first on Plagiarism Today.

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Fish & Richardson Adds Ex-Jenner & Block Life Sciences Duo

IP Law 360

Global intellectual property law firm Fish & Richardson PC announced on Wednesday that two Chicago-based litigators from Jenner & Block LLP have joined the firm's life sciences team as partners.

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[Video] No Password Required: Security Analyst at Rice University, WiCys Global Book Club Host, and No Password Required’s Poet Laureate

JD Supra Law

Jo Anna Parker Martin, a security analyst at Rice University, protects students, faculty, and their data from outside threats. When she’s away from Rice University’s networks, she can be found researching artificial intelligence while listening to the iconic “Trolls” movie soundtrack. In this episode, Jo Anna joins Carlton Fields’ Jack Clabby and KnowBe4’s Kayley Melton to tell the story of how her career has changed since starting at Rice University 17 years ago.

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Pirate Sites With Malicious Ads Face Restrictions Under New Initiative

TorrentFreak

There was a time when visiting a pirate site was much like visiting any other. Keen to attract eyeballs wherever they might be, many of the world’s biggest brands exchanged cold hard cash for an appearance on prominent pirate portals. Over time and as the thorny issue of funding illicit platforms gained traction, companies including Ford, Toyota, Nissan, Mazda and Volvo came under increasing pressure.

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3 Count: Piling On

Plagiarism Today

More news organizations sue OpenAI, Donna Summer estate sues Ye and advertisers create new system to block pirate sites. The post 3 Count: Piling On appeared first on Plagiarism Today.

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KPN Wins $287M Jury Verdict In Contract Beef With Samsung

IP Law 360

A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

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Explicitly yours

Likelihood of Confusion

Tomorrow I will be on a panel called “Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American University Law Review’s annual Federal Circuit Symposium. It’s being held at Arent Fox, whose web page promoting the event says: The American University Law Review’s Volume 63 Federal Circuit Symposium […] The post Explicitly yours appeared first on LIKELIHOOD OF CONFUSION™.

Law 89
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ISPs Request Records to Show How Piracy Fight Blocked Legitimate Sites

TorrentFreak

When attempting to block pirated content online, there is always a significant risk that legitimate content will be blocked too. Proponents of a tough new law in Italy that granted significant powers to rapidly block sites, waved away such concerns last year. However, after less than a month in full operation, the Piracy Shield system made its biggest blunder thus far last Saturday.

IP 90
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3 Count: AI Hacker

Plagiarism Today

OpenAI accuses New York Times of hacking, Amazon dues over Road House remake and Nintendo sues makers of Yuzu emulator. The post 3 Count: AI Hacker appeared first on Plagiarism Today.