Trending Articles

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How the Copyright Claims Board Deals with Bad Faith Filers

Plagiarism Today

The Copyright Claims Board has to strike a delicate balance between allowing for mistakes and preventing abuse. Here's how it does it. The post How the Copyright Claims Board Deals with Bad Faith Filers appeared first on Plagiarism Today.

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Plan Ahead

Erik K Pelton

Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand. The post Plan Ahead appeared first on Erik M Pelton & Associates, PLLC. Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand.

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Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

JD Supra Law

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.

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On the Internet, “Partners” Don’t Hear You Scream: Spotify CEO Makes a $350M “Bundle” While Sticking Songwriters with an ESG “Bundle” of Crap

The Trichordist

Spotify CEO Daniel Ek makes a $350 million bundle off of selling Spotify stock at the same time he extracts profits by reducing songwriter royalties.

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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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Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss

IP Law 360

A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

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3 Count: Unmodding Nintendo

Plagiarism Today

Garry's Mod removes Nintendo assets after copyright notice, ad agency sues Jindal Steels Brazil cracks down on anime piracy. The post 3 Count: Unmodding Nintendo appeared first on Plagiarism Today.

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FTC Issues Final Rule Banning Non-Compete Agreements

JD Supra Law

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition. The Final Rule will go into effect 120 days after being published in the Federal Register, though there will certainly be legal challenges to it.

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art. References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known.

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Infographic | Shakespeare and Intellectual Property

Olartemoure Blog

In the Elizabethan time, plagiarism in theater and in literature wasn’t viewed as it is today. Authors like Shakespeare freely drew inspiration from various sources. A clear example can be seen in “Romeo and Juliet,” where Shakespeare took a lot from Arthur Brooke’s poem, “The Tragical History of Romeus and Juliet,” published in 1562 , but enriched the story and characters.

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Escape from Tarkov’s Developers Make a Dumb Plagiarism Allegation

Plagiarism Today

Battlestate Games, the makers of Escape from Tarkov, accuse a competitor of plagiarism in a very unwise move. The post Escape from Tarkov’s Developers Make a Dumb Plagiarism Allegation appeared first on Plagiarism Today.

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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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Copyrightability of AI-Generated Works

Copyright Alliance

Where and how should we draw the line between protectable and non-protectable AI-generated works? There is little doubt that most of the focus relating to the impact of artificial intelligence […] The post Copyrightability of AI-Generated Works appeared first on Copyright Alliance.

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Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

JD Supra Law

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions. At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use.

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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights.

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Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallicunations

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.

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Why Plagiarizing Iron Maiden is a Really Bad Idea

Plagiarism Today

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.

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Don't Use The Same Template For Every Client Alert

IP Law 360

As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

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South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

JD Supra Law

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who value their privacy) and used them in a series of advertisements in a local mall.

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Without Undue Experimentation vs Without Any Experiments

Patently-O

by Dennis Crouch I was rereading the Supreme Court’s recent enablement decision of Amgen Inc. v. Sanofi , 598 U.S. 594 (2023) and was struck by the Supreme Court’s statement that its 19th Century decision of Wood v. Underhill , 46 U.S. 1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” This statement from Amgen is surprising because Chief Justice Taney’s decision in Wood includes a

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Google Removes Pirate IPTV Services From UK Search Results

TorrentFreak

The United Kingdom is no stranger to website blocking. The High Court granted permission for a blockade against Newzbin2 in 2011 ; The Pirate Bay and numerous other targets were blocked soon after. A rough inventory carried out by TorrentFreak recently revealed that blocked domains, including subdomains, now exceed 10,000 separate targets. That’s a conservative estimate.

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3 Count: One More AI Lawsuit…

Plagiarism Today

Google sued by artists over image generation AI, OpenAI inks deal with the Financial Times and Fearless Girl creator settles case with bank. The post 3 Count: One More AI Lawsuit… appeared first on Plagiarism Today.

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PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent

IP Law 360

A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions.

Patent 105
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When Are Nonprofits Exempt From Sales Tax? Sales and Use Tax Exemption – Cogency Global

Cogency Global

What this is : Most nonprofits are exempt from federal and state income tax, and they are also frequently exempt from real property tax. But the one tax exemption that even nonprofits sometimes find elusive is sales tax. What this means : Considering the varying state processes for obtaining sales tax exemption along with specific charitable use requirements, it can be challenging to determine where, when and how a nonprofit organization qualifies for a sales tax exemption.

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Site-blocking: can the U.S. finally get it done?

The Illusion of More

The Motion Picture Association (MPA) has prefaced a renewed interest in site-blocking legislation to combat piracy. Will things be different this time? When the internet industry killed the antipiracy bills SOPA and PIPA in January 2012, I was a newbie blogger but guessed at the time that those parties had totally blown their wad on […] The post Site-blocking: can the U.S. finally get it done?

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Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallucinations

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.

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3 Count: Spotify Robots

Plagiarism Today

Lawsuit over Tiger King music is dismissed, Protecting Lawful Streaming Act sees its first conviction and band outs Spotify copycats. The post 3 Count: Spotify Robots appeared first on Plagiarism Today.

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Walking With My Dog Makes Me A Better Lawyer

IP Law 360

Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

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A Frequent Mistake—Undoing an Assembly Line—Part 1

Christopher Roser

Assembly lines are everywhere in mass production. From mobile phones to cars to airplanes, almost all items produced in large quantities come from an assembly line. Just look around you wherever you are and try to find a produced item that did NOT come from an assembly line. My general recommendation is that if you. Read more The post A Frequent Mistake—Undoing an Assembly Line—Part 1 first appeared on AllAboutLean.com.

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European Digital Compliance: Key Digital Regulation & Compliance Developments - May 2024

JD Supra Law

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance developments that have taken place in the first quarter of 2024.

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Pirate IPTV Owner’s Conviction First Ever Under Protecting Lawful Streaming Act

TorrentFreak

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time. One way or another, file-hosting and BitTorrent sites could be linked to the unlicensed reproduction and distribution of copyright works, both of which carry felony charges.

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3 Count: Privacy vs. Piracy

Plagiarism Today

More newspapers sue Microsoft and OpenAI, CJEU rules Hadopi is legal and Netflix wins dismissal of King of Collectibles lawsuit. The post 3 Count: Privacy vs. Piracy appeared first on Plagiarism Today.

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Samsung Gets PTAB To Sink Patent Tied To $142M Verdict

IP Law 360

The Patent Trial and Appeal Board has ruled in favor of Samsung Electronics Co. LTD in the company's challenge to LTE technology owned by G+ Communications LLC, invalidating one of the patents involved in a Texas case where G+ won a $142 million verdict against the tech giant.

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The Trademark Reporter's "Annual Review of European Trademark Law"

The TTABlog

The Trademark Reporter has published its "Annual Review of European Trademark Law," with contributions from an impressive roster of authors from across Europe. The volume may be downloaded here. Willard Knox, Editor-in-Chief, comments as follows: The Annual Review of European Trademark Law, by the TMR’s own Tom Scourfield, Jordi Güell, Martin Viefhues, plus TMR author Alicja Zalewska-Orabona (and others), contains highlights of European trademark cases rendered by courts in 2023 in the European

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The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two SEPs

JD Supra Law

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+ Communications. The outcome serves as a cautionary tale to implementers and useful guidance for SEP owners.

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Anti-Piracy Veteran Tim Kuik Retires After Leading BREIN for a Quarter Century

TorrentFreak

In the summer of 2009, hackers from all over the world gathered at an outdoor conference near Vierhouten in the Netherlands. The event was mostly a meetup of like-minded geeks, but one person stood out a mile; Tim Kuik, director of anti-piracy group BREIN. Kuik joined a panel discussion where he calmly explained why his organization helped rightsholders to shut down pirate sites.

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Columbia Unviersity President Targeted with Plagiarism Allegations

Plagiarism Today

Nemat “Minouche” Shafik, the President of Columbia University, is facing allegations of plagiarism. Here's why her case is different. The post Columbia Unviersity President Targeted with Plagiarism Allegations appeared first on Plagiarism Today.