Little-known N.J. baby retailer tentatively wins rights to Buy Buy Baby's IP for $15.5 million; CNBC via NBC, July 3, 2023

Gabrielle Fonrouge, CNBC via NBC; Little-known N.J. baby retailer tentatively wins rights to Buy Buy Baby's IP for $15.5 million

"Dream on Me Industries, which sells cribs, strollers and other baby goods through a host of retail partners, won the Wednesday auction with a bid price of $15.5 million, court records filed Friday say. The acquired assets include Buy Buy Baby’s intellectual property, business data, internet properties and mobile platform, the records say...

Dream on Me’s win is only tentative. If Bed Bath & Beyond receives a higher bid at the upcoming auction, it could lose the rights to Buy Buy Baby’s intellectual proper"

Overstock Sees a Future in Calling Itself Bed Bath & Beyond; The New York Times, June 28, 2023

 Jordyn Holman, The New York Times ; Overstock Sees a Future in Calling Itself Bed Bath & Beyond

"Overstock, which last week paid $21.5 million to acquire the bankrupt retailer’s intellectual property, said on Wednesday that it would start operating its website under the Bed Bath & Beyond name."

The Biden administration is endangering intellectual property rights; The Dallas Morning News, June 20, 2023

Frank Cullen, The Dallas Morning News; The Biden administration is endangering intellectual property rights

"Simply put, the waiver seeks to solve a problem that doesn’t exist.

What the waiver would do is quash the development of additional COVID-19 countermeasures, from lifesaving antiviral pills to rapid tests even more accurate than the ones we have. Firms currently investing in new COVID-19 tests and treatments will have no reason to continue their work if the IP rights for those products are preemptively nullified.

In the long term, an IP waiver would set a devastating precedent for U.S. innovators working to address crises far beyond COVID-19. Startups and inventors need secure intellectual property rights to raise funding and recoup their steep research and development costs, especially in America’s life sciences industry. New drugs often cost more than $2 billion and can take more than a decade to make it to market."

Music Creators Want Consent in the AI Age, But Developers Find Safe Havens Abroad; Billboard, April 20, 2023

KRISTIN ROBINSON, Billboard; Music Creators Want Consent in the AI Age, But Developers Find Safe Havens Abroad

"Machine-learning is exponentially faster, though; it’s usually achieved by feeding millions, even billions of so-called “inputs” into an AI model to build its musical vocabulary. Due to the sheer scale of data needed to train current systems that almost always includes the work of professionals, and to many copyright owners’ dismay, almost no one asks their permission to use it.

Countries around the world have various ways of regulating what’s allowed when it comes to what’s called the text and data mining of copyrighted material for AI training. And some territories are concluding that fewer rules will lead to more business.

China, Israel, Japan, South Korea and Singapore are among the countries that have largely positioned themselves as safe havens for AI companies in terms of industry-friendly regulation. In January, Israel’s Ministry of Justice defined its stance on the issue, saying that “lifting the copyright uncertainties that surround this issue [of training AI generators] can spur innovation and maximize the competitiveness of Israeli-based enterprises in both [machine-learning] and content creation.”"

Can you copyright a rhythm? Inside the reggaeton lawsuit that could shake the pop world; The Guardian, March 22, 2023

Saxon Baird, The Guardian; Can you copyright a rhythm? Inside the reggaeton lawsuit that could shake the pop world

"While rhythms are not generally protected under copyright law in the US, a rhythm may be copyrighted if it can be proved that it is substantially unique or original."

AI and Copyright: Human Artistry Campaign Launches to Support Songwriters and Musicians’ Rights; Variety, March 17, 2023

 Jim Aswad, Variety; AI and Copyright: Human Artistry Campaign Launches to Support Songwriters and Musicians’ Rights

"A new coalition to meet those challenges called the Human Artistry Campaign was announced at the South by Southwest conference on Thursday, with support from more than 40 organizations, including the Recording Academy, the National Music Publishers Association, the Recording Industry of America and many others.  

With a stated goal “to ensure artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it,” the organization outlined principles advocating AI best practices, “emphasizing respect for artists, their work, and their personas; transparency; and adherence to existing law including copyright and intellectual property,” which are outlined in full below. The campaign urges supporters to sign a petition to advance those principles."

Dog Toys, Drugs Lead Supreme Court’s High-Stakes IP Arguments; Bloomberg Law, March 17, 2023

Kelcee Griffis and Kyle Jahner, Bloomberg Law; Dog Toys, Drugs Lead Supreme Court’s High-Stakes IP Arguments

"The US Supreme Court is set to weigh three high-profile intellectual property cases in a seven-day stretch testing the bounds of branded parodies, broad drug patent claims, and international application of trademark law.

The arguments could result in rulings with wide-ranging impacts on areas including First Amendment expression, pharmaceutical research and development, and damages calculations. The US solicitor general will argue in all three cases, signaling the government’s strong interest in their outcomes.

Here’s what to expect during the high court’s blockbuster IP week."

Taylor Swift is a Pioneer of Intellectual Property Rights; American University Intellectual Property Brief, March 13, 2023

 Abigail Smith, American University Intellectual Property Brief; Taylor Swift is a Pioneer of Intellectual Property Rights

"Every time Taylor Swift walks out the door, she facilitates massive changes for the intellectual property rights of artists in the music industry.

Taylor Swift is one of the most popular artists in the world. Even if you don’t like her music, you have to admire her fighting spirit. Lately, she has been in a public battle with Ticketmaster over the availability of tickets for her upcoming tour. Before that, she fought with music streaming services to promote selling albums—thus, profiting off the work put into creating those albums—instead of allowing them to be streamed for free. Before that, she was fighting for her ownership rights over her music. Many of Taylor Swift’s battles have to do with her intellectual property rights, and the outcomes may impact all musicians."

China’s Newest Weapon to Nab Western Technology—Its Courts; The Wall Street Journal, February 20, 2023

Stu Woo  and Daniel Michaels, The Wall Street Journal; China’s Newest Weapon to Nab Western Technology—Its Courts

Rulings nullify patents in industries it deems important, including technology, pharmaceuticals and rare-earth minerals

"The growing conflict between China and the U.S. extends from computer-chip factories to a suspected spy balloon over American skies. Running through it all is a struggle for technological superiority.

China has striven for years to develop cutting-edge technologies, in part through heavy spending on research. Now, according to Western officials and executives, it also has mobilized its legal system to pry technology from other nations.

Officials in the U.S. and European Union accuse China of using its courts and patent panels to undermine foreign intellectual-property rights and help Chinese businesses. They say China is focusing such efforts on industries it deems important, including technology, pharmaceuticals and rare-earth minerals."

NFTs are creating trademark problems. For these Minnesota lawyers, expertise is a commodity; Star Tribune, March 8, 2023

 Nick Williams, Star Tribune; NFTs are creating trademark problems. For these Minnesota lawyers, expertise is a commodity

"For NFT creators, knowing what they can register for trademark or patent protection is not clear-cut, either. That's a significant piece of the NFT-law equation, considering the U.S. Patent and Trademark Office has received more than 10,000 trademark applications for NFT-related goods and services over the last few years, said Kathi Vidal, undersecretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office, during a recent online panel.

"And we expect that number to grow," she said.

The U.S. Patent and Trademark Office and U.S. Copyright Office are working on a study with input from industry experts to determine how the nation should proceed with NFT laws. The study, a response to a request from the U.S. Senate subcommittee on intellectual property, will help officials determine what policies are to be supported, and what position the U.S. takes on the matter, Vidal said."

US farmers win right to repair John Deere equipment; BBC News, January 9, 2022

Monica Miller, BBC News; US farmers win right to repair John Deere equipment

"Consumer groups have for years been calling on companies to allow their customers to be able to fix everything from smartphones to tractors.

The American Farm Bureau Federation (AFBF) and Deere & Co. signed a memorandum of understanding (MOU) on Sunday.

"It addresses a long-running issue for farmers and ranchers when it comes to accessing tools, information and resources, while protecting John Deere's intellectual property rights and ensuring equipment safety," AFBF President Zippy Duvall said.

Under the agreement, equipment owners and independent technicians will not be allowed to "divulge trade secrets" or "override safety features or emissions controls or to adjust Agricultural Equipment power levels.""

USPTO and Copyright Office Announce Joint Study and Request for Comment on the Impact of NFTs on Intellectual Property Rights; Ropes & Gray, December 23, 2023

Ropes & Gray; USPTO and Copyright Office Announce Joint Study and Request for Comment on the Impact of NFTs on Intellectual Property Rights

"An NFT is a unit of data stored on a blockchain that offers a unique certificate of ownership of a digital asset. They frequently represent real-world assets like art, music, and videos protected by intellectual property rights.

The interplay between NFTs and intellectual property rights has been the subject of a flurry of lawsuits over the last few years. Nike is embroiled in litigation with StockX in the Southern District of New York (S.D.N.Y) based on allegations that StockX created NFTs displaying Nike’s trademarks without authorization. Another S.D.N.Y. court recently denied an artist’s motion to dismiss trademark infringement, dilution, and cybersquatting claims brought by fashion brand Hermès over the creation of NFTs that depict the company’s Birkin bags and are branded as “MetaBirkins.” In November 2021, production company Miramax brought copyright and trademark infringement allegations against director Quentin Tarantino in the Central District of California over Tarantino’s alleged plans to auction off “exclusive scenes” from the 1994 movie Pulp Fiction in the form of NFTs. In another California lawsuit, rapper Lil Yachty claims that two music companies used his name and likeness without his permission to raise $6.5 million in venture capital funds for a line of NFTs. Yuga Labs, the creators of the popular Bored Ape Yacht Club (BAYC) NFTs, brought trademark infringement allegations in the Central District of California against another NFT creator for creating and selling a line of NFTs using BAYC imagery.

In June, the top two members of the Senate’s intellectual property subcommittee, Sens. Patrick Leahy, D-Vt., and Thom Tillis, R-N.C., called for the USPTO and Copyright Office to study NFTs and their impact on intellectual property rights in light of their growing popularity. “NFTs can be found in nearly all spheres — from academia to entertainment to medicine, art and beyond,” the letter states. “Thus, it is imperative that we understand how NFTs fit into the world of intellectual property rights — as said rights stand today and as they may evolve as we move into the future.”"

Congress Passes The Protecting American Intellectual Property Act of 2022; JD Supra, December 28, 2022

Corey Bauer, Houston Harbaugh, P.C.; Congress Passes The Protecting American Intellectual Property Act of 2022

"In furtherance of the U.S. Government’s effort to protect American intellectual property, the House of Representatives passed the Protecting American Intellectual Property Act on December 22, 2022. This quickly followed the Senate’s passing of the Act on December 20, 2022. The Act now goes to President Biden’s desk to be entered into law or vetoed. See Text of the Enrolled Bill here.

The Protecting American Intellectual Property Act requires that the President periodically report “a list of foreign individuals and entities that have knowingly engaged in, benefited from, or assisted in the significant theft of U.S. trade secrets that materially contributed to a significant threat to U.S. national security, foreign policy, or economic health.”[1] The first report will be six (6) months after the Act is entered into law, with an annual report every year thereafter. The report shall also list foreign individuals who are chief executive officers or board members of any foreign entity engaging in the theft identified by any report."

Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property; The New York Times, December 27, 2022

 Brooks Barnes, The New York Times ; Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property

"Ms. Ginsburg said she was watching closely to see if Disney and other entertainment companies tried to apply trademark law as a substitute for or extension of copyright — as she put it, “apply a separate protection to get to the same place.” In a Supreme Court intellectual property case from 2003 involving 20th Century Fox, Justice Antonin Scalia, writing for the court, warned of using trademarks to generate “a species of mutant copyright law.”"

Can Trade Secret Laws Protect Algorithm-Based Intellectual Property? 6 Steps for Employers to Consider; FisherPhillips, December 16, 2022

FisherPhillips ; Can Trade Secret Laws Protect Algorithm-Based Intellectual Property? 6 Steps for Employers to Consider

"Trade Secrets Can Offer Protections to Guard Algorithm-Based Intellectual Property

Algorithm-based AI is well-suited for trade secret protections. It can be difficult to reverse engineer AI. Additionally, protections afforded by patent law are not necessarily the best option due to the length of time required to achieve protections. Rather, consider trade secret protections. They last as long as the secret remains a secret. Simply put, a license can continue indefinitely without an expiration date so long as the conditions of the license remain a trade secret. 

Certain aspects of algorithm-based AI, such as raw data, is not patent eligible. Similarly, information and data sets used for machine-based learning or training models is also not protectable under patent law. The information may, however, be protected as trade secrets. Trade secret laws can protect your company’s data and models and also protect how the company intends to use the information.

You may also be able to protect knowledge about what does not work. Companies create a valuable base of knowledge from failed actions. Notably, failed knowledge is not eligible for patent protection, but it is eligible to be protected under trade secret as a “negative trade secret.” Think of a negative trade secret as the knowledge of what does not work. If another company were to obtain and utilize such knowledge, it would allow them to potentially omit years of research and development, as the correct path of what works would be readily available to the competitor.

Trade secret protections also take immediate effect. There is no lengthy process or specific amount of time or expense required to protect a trade secret. So long as there are “active actions” — rather than passive actions — taken to protect a trade secret, that trade secret can take effect immediately. “Active actions” could include obtaining a non-disclosure or non-compete agreement, but it may be as simple as marketing in a way that prevents disclosure."

Intellectual property waiver for COVID vaccines should be expanded to include treatments and tests; The Conversation, November 21, 2022

Deborah Gleeson, Associate Professor in Public Health, La Trobe University, Dianne Nicol
Emeritus Professor of Law, University of Tasmania, James Scheibner
Lecturer in Law, Flinders University, The Conversation;

 Intellectual property waiver for COVID vaccines should be expanded to include treatments and tests

"Low and middle-income countries have been impacted disproportionately by the pandemic so far, suffering 85% of the estimated 14.9 million excess deaths in 2020 and 2021. 

Globally, progress in reducing extreme poverty was set back three to four years during 2020–21. But low-income countries lost eight to nine years of progress.

Expanding the WTO decision on COVID vaccines to include treatments and tests could be vital to reduce the health burden on poorer countries from COVID and enable them to recover from the pandemic. The Australian government should get behind this initiative and encourage other countries to do the same."

Copyright Office and USPTO Announce NFT Study and Roundtables; U.S. Copyright Office, November 22, 2022

U.S. Copyright Office, NewsNet 988; Copyright Office and USPTO Announce NFT Study and Roundtables

"The U.S. Copyright Office and the U.S. Patent and Trademark Office are publishing a Federal Register notice announcing a U.S. Copyright Office and U.S. Patent and Trademark Office (USPTO) joint study to examine various matters related to intellectual property that arise from the use of non-fungible tokens (NFTs).

In a letter dated June 9, 2022, Senators Patrick Leahy and Thom Tillis requested that the Copyright Office and the USPTO conduct a joint study and address issues related to NFTs and intellectual property rights in consultation with the private sector, drawing from the technological, creative, and academic sectors.

To assist in preparing a report for Congress, the notice seeks written responses from the public to several questions. It also announces that the Copyright Office and USPTO intend to hold virtual public roundtables in January 2023.

For additional information, including instructions for submitting comments and asking to participate in the roundtables, please visit the Copyright Office website. Comments must be received no later than January 9, 2023."

Triumph Development sends cease and desist letter to Vail Resorts over alleged use of its intellectual property; Vail Daily, May 25, 2022

Scott Miller , Vail Daily; Triumph Development sends cease and desist letter to Vail Resorts over alleged use of its intellectual property

Letter alleges East Vail housing project is improperly using old designs

"The letter to The Vail Corporation states that the firm has submitted a “nearly identical” design for its East Vail project.

The letter alleges that The Vail Corporation “is well aware that Triumph owns the Intellectual Property. Indeed, (The Vail Corporation) repeatedly expressed interest in modifying the original contract with Triumph to provide for a transfer” of that intellectual property. “Triumph declined, and now (The Vail Corporation) is using it anyway.”"

Republicans took away Disney’s special status in Florida. Now they’re gunning for Mickey himself; Los Angeles Times, May 11, 2022

 HUGO MARTÍN, Los Angeles Times; Republicans took away Disney’s special status in Florida. Now they’re gunning for Mickey himself

"No legislation has been proposed to extend the copyright a third time, and copyright experts and lawmakers say it’s not likely that any legislators will want to lead that battle, given the opposition and fury it generated in the 1990s. Other companies’ copyrighted characters would also expire, sending more notable characters into the public domain. 

Disney critics say the company continues to have influence over copyright law, pointing to the recent naming of Suzanne Wilson as the general counsel and associate register of copyrights for the United States Copyright Office. She formerly oversaw intellectual property and interactive and media legal functions for Walt Disney Co.

Legal experts say the debate over copyright protection is moot because the only version of Mickey Mouse that is expiring is the 1928 black-and-white one depicted in “Steamboat Willie.” Copyright protections remain in place for later versions of Mickey Mouse, the more commercially recognized one that wears white gloves, has bigger ears, distinctive eyes and a pet dog named Pluto, according to experts.

Crucially, Disney also still holds trademark protection on Mickey Mouse, which does not expire. While a copyright keeps other companies from replicating the Mickey Mouse image, a trademark ensures that other companies can’t use the Mickey Mouse image in a way that might suggest their products are made by Disney."

New Bill to Limit Copyright to 56 Years, Would be Retroactive; PetaPixel, May 13, 2022

JAMES DERUVO, PetaPixel; New Bill to Limit Copyright to 56 Years, Would be Retroactive

"Senator Josh Hawley has introduced a bill that would cap copyright on intellectual property to a maximum of 56 years, with no extensions. If passed, the bill would also retroactively apply to existing copyrights.

f the bill passes it would impact hundreds if not thousands of intellectual works currently enjoying the protection nearly 100 years after the death of the original copyright holder.

Though the bill doesn’t mention Disney specifically by name, the Copyright Clause Restoration Act of 2022, which has been submitted by Republican Senator Josh Hawley (MS), is believed to be a punishment against Disney’s resistance to Florida’s Parental Rights in Education law."