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Intellectual Property and Technology | Copyright

Eleventh Circuit Affirms Finding that Takedown Notice for Auto Stickers Violated DMCA

The U.S. Court of Appeals for the Eleventh Circuit on Wednesday affirmed a district court’s comprehensive order finding that Day to Day Imports, Inc. (DDI) acted with willful blindness in submitting a fifth Takedown Notice to Amazon asking that auto stickers it alleged infringed its licensed artwork be removed from the site. DDI took a license in 2016 to the copyright for artwork created by Harold Walters for a set of replacement stickers for the dashboard climate controls for certain General Motors vehicles. In 2018, Alper Automotive, Inc. began selling a sticker that DDI alleged infringed the licensed copyright. DDI sent Takedown Notices to Alper on May 8, 2018; May 15, 2018; August 2, 2018; and November 1, 2018.

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Intellectual Property and Technology | Trademark

Trademark Overview--Obtaining Protection and Licensing

This overview of US trademark law gives information about the nature of trademarks, the reasons why they can be commercially significant, and the type of material that is likely to be suitable for registration and use as a trademark. Topics covered include the acquisition and maintenance of trademark rights and registrations, exploiting trademarks, and loss of trademark rights.

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Intellectual Property and Technology | Trademark

Trademark Overview--Infringement and Related Rights Under Trademark Law

This overview of US trademark law gives information about the nature of trademarks, the reasons why they can be commercially significant, and the type of material that is likely to be suitable for registration and use as a trademark. Topics covered include trademark enforcement and protection of trademark rights.

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Legal Research | General

Legal Research Guide--Case Law

The guides listed below can help you begin a legal research project by offering quick techniques and a selection of legal resources and tools.

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Intellectual Property and Technology | Trademark

Trademark Overview--Substantive Standards for Protection

This overview of US trademark law gives information about the nature of trademarks, the reasons why they can be commercially significant, and the type of material that is likely to be suitable for registration and use as a trademark. Topics covered include the legal framework for trademark law and substantive standards for protection.

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Intellectual Property and Technology | General

Copyright vs. Trademark vs. Patent

This article provides information on the differences between the various branches of IP law: copyright, trademark, and patent.

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Legal Research | General

Legal Research Guide

The guides listed below can help you begin a legal research project by offering quick techniques and a selection of legal resources and tools. Each guide is prepared by a legal specialist from MC Law.

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Intellectual Property and Technology | Copyright

Copyright Overview

This articles provides an overview of a copyright law.

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Intellectual Property and Technology | Copyright

Copyright Registration of Photographs

This article provides information about registering photographs with the U.S. Copyright Office. In particular, it covers the eligibility requirements and procedures for registering a group of unpublished or a group of published photographs. Group registration is suitable for most applicants registering multiple photographs.

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Intellectual Property and Technology | Trademark

Trademark Overview--Subject Matter of Trademark Law

This overview of US trademark law gives information about the nature of trademarks, the reasons why they can be commercially significant, and the type of material that is likely to be suitable for registration and use as a trademark. Topics covered include the nature of trademark protection and the subject matter of trademark law.

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Intellectual Property and Technology | Internet

Microsoft Cloud Computing Changes to Allay EU Antitrust Concerns

Amended licensing deals and other changes making it easier for cloud service providers to compete will take effect on Oct. 1

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Intellectual Property and Technology | Patent Counseling and Transactions

The Case for Patenting AI: U.S. Patent Laws Better Get Smart or Get Left Behind

The idea of patented inventions brings to mind machines fully realized – flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines. AI inventors sound much more like philosophers theorizing about machines, rather than mechanics describing a machine. They use phrases like “predictive model” and “complexity module” that evoke little to no imagery or association with practical life whatsoever. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

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Intellectual Property and Technology | Copyright

Win for Photographer in Ninth Circuit Reversal of Fair Use Finding

On August 3, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in McGucken v. Pub Ocean Ltd. that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. The Ninth Circuit found that all of the fair use factors weighed against a determination that Pub Ocean’s unlicensed use of the photographs were transformative.

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Intellectual Property and Technology | Patent Counseling and Transactions

CAFC Snubs Inventor’s Argument that 101 Rejections Violate APA

The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision issued today, affirmed a Patent Trial and Appeal Board (PTAB) finding that claims to a computer system for identifying eligibility for Social Security Disability Insurance (SSDI) benefits are invalid as patent ineligible. The opinion was authored by Judge Chen. The case originates from an examiner’s rejection of Jeffrey Killian’s claims of U.S. Patent Application No. 14/450,042 under Section 101 as being directed to “the abstract idea of ‘determining eligibility for social security disability insurance . . . benefits’” and lacking anything “significantly more” to satisfy Step 2 of the Alice-Mayo two-part test.

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Intellectual Property and Technology | Patent Counseling and Transactions

CHIPS and Science Act Neglects the Importance of IP Rights in Encouraging American Innovators

On August 9, President Joe Biden signed into law the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act, enacting a major legislative package that will provide $280 billion in federal funding to encourage the domestic production of semiconductor products in the United States as well as fund research and development projects in advanced technological fields like quantum computing and artificial intelligence. Although the 1,000+ page bill establishes massive investments into several areas of developing technologies, it focuses very little on the intellectual property rights that are critical for protecting the new technologies that would be developed through federally funded projects.018.

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