Other Barks and Bites for Friday, May 10: Bipartisan Congress Members Call for GAO Study on March-In Proposal; USPTO Warns Trademark Applicants of Data Leak; Supreme Court Rejects Time Limit on Copyright Damages

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Gene and Renee Quinn’s adopted nephew, Maverick.

This week in Other Barks and Bites: Members of Congress ask the Government Accountability Office to conduct a study into the impact of President Biden’s proposed framework for exercising march-in rights under the Bayh-Dole Act; the U.S. Supreme Court rules “there is no time limit on monetary recovery” in copyright cases with expired statute of limitations; the Port of Oakland files a countersuit against San Francisco in airport naming dispute; and the U.S. Patent and Trademark Office warns 14,000 trademark filers of address leak.


Supreme Court Rules No Time Limit on Monetary Recovery of Copyright Infringement Claims

On Thursday, May 9, the U.S. Supreme Court ruled in favor of Sherman Nealy a record producer who sued Warner Music over a 2008 song by rapper Flo Rida. The Supreme Court ruled that “there is no time limit on monetary recovery” in copyright cases filed before the statute of limitations has expired. Justice Elena Kagan penned the 6-3 ruling that provides clarity on an issue that has previously divided lower courts. For full IPWatchdog coverage click here.

USPTO Alerts Filers of Address Data Leak

On Wednesday, May 8, the U.S. Patent and Trademark Office (USPTO) issued a warning to filers who had their address exposed in a data leak, according to an email obtained by TechCrunch. The USPTO told about 14,000 affected trademark applicants that their private domicile addresses which appeared in public records between August 23, 2023, and April 19, 2024, were published online as part of economic research performed by the USPTO. “Importantly, this incident was not the result of malicious activity,” the USPTO said in the email.

District Judge Allows Copyright Infringement Suit to Proceed Against Stability AI, Midjourney

On Tuesday, May 7, a California district court said Stability AI, Midjourney, and other AI companies should face a copyright infringement lawsuit filed by a group of ten artists. Three of the artists filed a previous lawsuit against the companies and lost this battle, however, the judge allowed them to refile the case. The judge wrote, “plaintiffs have plausibly alleged facts to suggest compress copies, or effective compressed copies albeit stored as mathematical information, of their works are contained in the versions of Stable Diffusion identified.”

WIPO Announce Further Details on “Historic Moment” of Last Meeting for Treaty Negotiations

On Tuesday, May 7, the World Intellectual Property Organization released additional information about the final leg of negotiations of a proposed treaty relating to IP, genetic resources, and traditional knowledge associated with genetic resources. The negotiations will take place from May 13 to 24 at WIPO’s Geneva headquarters. Member states have discussed the details of such a treaty for decades, and the treaty is aimed at protected traditional knowledge of indigenous people. Ahead of the meeting, WIPO Director Darren Tang said, “now all of us at WIPO stand ready to support the negotiators as they get down to work to forge a consensual outcome and show that multilateralism can deliver results for all.”

Bipartisan Group of Congress Calls for GAO Study on Biden March-In Framework

Senators Chris Coons (D-DE) and Thom Tillis (R-NC) and Representatives Darrell Issa (R-CA) and Jake Auchincloss (D-MA) sent a letter last week to the U.S. Comptroller General asking that the Government Accountability Office (GAO) conduct a study on the National Institute of Standards and Technology’s (NIST) proposed framework for exercising march-in rights under the Bayh-Dole Act. According to the letter: “A March 2024 National Bureau of Economic Research empirical study on the feasibility of using Bayh-Dole Act march-in rights to lower drug prices found that NIST’s proposed framework will have limited impact—only 2.5% of all drug products approved by the Food and Drug Administration between 1985 and 2022 could even be subject to full march-in rights.” The letter asked the GAO to investigate four questions concerning the impact of the proposal if implemented, including economic effects, uncertainty it may create and licensing issues it may pose.


Port of Oakland Countersues San Francisco in Name Change Trademark Dispute

On Thursday, May 9, the Port of Oakland filed a countersuit against San Francisco’s lawsuit asking for the court to rule that its “San Francisco Bay Oakland International Airport” does not infringe on San Francisco International Airport’s trademark. The Port of Oakland wrote, “The Port disputes that the new name will create confusion with consumers as passengers booking flights into the region.” San Francisco’s City Attorney previously filed the lawsuit against the name change for Oakland’s airport.

ChatGPT Accusses Subreddit of Unauthorized Use of Copyrighted Logo 

On Thursday, May 9, ChatGPT sent a copyright complaint to the unofficial ChatGPT subreddit alleging the forum moderators are using their copyrighted logo without authorization. The moderators of the subreddit made the complaint public, leading ChatGPT to draw the ire of the online community. Media organizations and online commenters were quick to point out the hypocrisy of ChatGPT’s complaint considering the multiple lawsuits the company faces for scraping copyrighted data to be used in training data without authorization.

EPO Holds 18th Annual Meeting of European Patent Network

On Tuesday, May 7, the European Patent Office (EPO) hosted its 18th Annual Meeting for the European Patent Network in Lithuania. The meeting was the first time that all member states met under their new strategic plan for 2028. At the meeting, EPO President António Campinos said the European Patent Network is “a blueprint from which regions the world over can learn from and draw inspiration.”

Music Labels Lift DMCA Claims on Reaction Videos to Kendrick-Drake Rap Beef

On Sunday, May 5, popular streamer YourRage announced that Kendrick Lamar and his label lifted DMCA claims on reaction videos related to diss tracks against Drake. The following day, Drake’s label followed suit allowing streamers and content creators to react to the ongoing rap beef by playing the full song online without the threat of copyright strikes. After Kendrick Lamar’s label lifted the DMCA claims, streamer YourRage said, “no label has ever done that for me so I’m thankful.

This Week on Wall Street

Microsoft Study Reports 75% of Knowlege Workers Worldwide Use Generative AI

On Wednesday, May 8, Microsoft, the owner of OpenAI, released a report that claims 75% of the globe’s knowledge workers used generative AI over the last six months. The study surveyed 31,000 people across 31 countries and found that many who reported using generative AI felt their company did not have a comprehensive plan for its use at work. Microsoft, a big investor in the technology, wrote, “just as we look back at the pre-PC era, we’ll one day wonder how work got done without AI.

Robinhood Receives Legal Warning from SEC

On Monday, May 6, trading platform Robinhood announced that it has received a legal warning from the Securities and Exchange Commission (SEC) that they are likely to face an enforcement action related to the cryptocurrency side of its business. The notice the company received could result in a cease-and-desist order and limitations to the firm’s cryptocurrency activities. “After years of good faith attempts to work with the SEC for regulatory clarity including our well-known attempt to ‘come in and register,’ we are disappointed that the agency has decided to issue a Wells Notice related to our U.S. crypto business,” said Dan Gallagher, Chief Legal, Compliance and Corporate Affairs Officer, Robinhood Markets, Inc.

Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2023 are announcing quarterly earnings next week (2023 rank in parentheses):

  • Monday: Tencent (54)
  • Tuesday: Sony (14), Alibaba (207), Alcon (295)
  • Wednesday: Cisco (39)
  • Thursday: Applied Materials (36), Baidu (67)
  • Friday: Deere & Company (94)


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Join the Discussion

One comment so far. Add my comment.

  • [Avatar for Pro Say]
    Pro Say
    May 10, 2024 03:55 pm

    1. “‘Importantly, this incident was not the result of malicious activity,’ the USPTO said in the email.”

    Meaning, what; that incidents-by-incompetence matter less?

    The 14,000 filers are relieved. So relieved.

    2. Re ChatGPT: Pot, meet kettle.

    3. “San Francisco Bay Oakland International Airport”

    Why fight a battle you’re going to lose? Especially when “Crime-Infested Oakland International Airport” is available. What’s not to like?!

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