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This week in Other Barks & Bites: the USPTO is changing its approach to auditing trademark applications; the production company behind Blade Runner 2049 sues Tesla for AI-aided copyright infringement;a former OpenAI staffer publishes an essay accusing his former employer of breaking copyright law; and Microsoft’s CEO asks countries to change their copyright law.
Bites
USPTO to Change Process for Selecting Trademark Registrations for Audit
The U.S. Patent and Trademark Office (USPTO) announced Friday, October 25, that is changing “how it selects registrations for audit during the post-registration maintenance process.” The Office presently conducts random audits of section 8 and section 71 affidavits and declarations. “Going forward, we will conduct directed audits of these filings when the registration file or the post-registration maintenance documents exhibit characteristics that call into question whether a mark is being used in commerce in the ordinary course of trade,” wrote the Office in a press release today. The changes are meant to better address obvious issues with the registration and improve overall accuracy of the register, it added. For more information, see today’s Federal Register Notice.
Former OpenAI Staffer Claims ChatGPT Breaks Copyright Law
On Wednesday, October 23, a former OpenAI staffer published an essay on their personal website arguing that OpenAI is breaking U.S. copyright law. The former staffer Suchir Balaji spoke to The New York Times after he released the blog post that attempts to expose how much copyrighted material shows up in the output of ChatGPT after it is trained using copyrighted material. In Balaji’s analysis, the former OpenAI staffer said, “None of the four factors seem to weigh in favor of ChatGPT being a fair use of its training data. That being said, none of the arguments here are fundamentally specific to ChatGPT either, and similar arguments could be made for many generative AI products in a wide variety of domains.”
Blade Runner 2049 Production Company Sues Tesla for AI-Aided Copyright Infringement
On Monday, October 21, Alcon Entertainment, one of the production companies involved in the movie “Blade Runner 2049, filed a lawsuit accusing Tesla and Elon Musk of copyright infringement. According to the lawsuit, Tesla used generative AI to show scenes from the film during the launch of the company’s new self-driving car Robotaxi. The lawsuit also claims the promotional material amounts to false endorsement. Click here for full IPWatchdog coverage.
Microsoft CEO Wants Countries to Change Copyright Law
On Monday, October 21, Microsoft CEO Satya Nadella asked countries to reconsider copyright laws at an event in London, according to The Times. Microsoft has faced various copyright infringement lawsuits from media companies, music labels, and other copyright holders accusing ChatGPT of infringing on copyright when pulling material to train generative AI. “What’s copyright?” Nadella asked, “if everything is just copyright then I shouldn’t be reading textbooks and learning because that would be copyright infringement.”
Dow Jones Sues AI Startup for Copyright Infringement
On Monday, October 21, Dow Jones, the publisher of The Wall Street Journal and The New York Post, filed a copyright infringement lawsuit against AI startup Perplexity. The news publisher accused Perplexity of using and repackaging its copyrighted content to train its model and generate AI content. The lawsuit also takes issue with the generative AI falsely attributing incorrect content to news outlets, so-called “hallucinations.”
USPTO Names Nancy Kamei First Chief Public Engagement Officer
On Monday, October 21, the U.S. Patent and Trademark Office (USPTO) appointed Nancy U. Kamei as Chief Public Engagement Officer and Director of the Office of Public Engagement (OPE). Kamei is the first Chief Public Engagement Officer after the OPE launched in the spring of 2024. “With three decades of experience in all major aspects of the innovation ecosystem, Nancy will help the USPTO spur innovation and lift local communities across the nation, leading a team of dedicated colleagues committed to supporting all creators,” said Kathi Vidal, USPTO Director.
Barks
European Court Upholds Dismissal of €1 billion Antitrust Fine Against Intel
On Thursday, October 24, the Court of Justice of the European Union upheld a ruling that dismissed a €1 billion antitrust ruling against Intel. The case began in 2009 when a competitor accused Intel of using illegal sales tactics to freeze its competitors out of the microprocessor market. The European Commission leveled the original €1 billion fine against Intel.
Semiconductor Patent Filings Grew 22% Over the Last Year With Big Growth in China
On Tuesday, October 22, IP law firm Mathys & Squire released a report on semiconductor patent filings that found a 22% yearly increase in semiconductor patents filed in 2023-24. According to the report, Chinese filings have increased 42% with large chip companies seeing a big rise in business in the last year. On the other hand, semiconductor patent filings from the United States remained relatively flat over recent years. “The massive rise in semiconductor patent applications in China also shows a vote of confidence amongst the semiconductor industry in China as a market for semiconductors,” said Dr Edd Cavanna, partner at Mathys & Squire.
EPO Finds University Patent Applications on the Rise
On Tuesday, October 22, the European Patent Office (EPO) released data on recent patent applications that show European universities are filing patent applications at a higher rate in recent years. According to EPO data, European universities accounted for 10% of patent applications within the European Union in 2019, an increase from 6% in 2000. “Europe has a longstanding tradition of academic excellence, but we sometimes struggle to turn research into commercial success,” said EPO President António Campinos. “This study sheds light on academic inventiveness across Europe to further inform policies and strategies.”
This Week on Wall Street
Tesla Stock Soars for Biggest Single-Day Gain Since 2013
On Thursday, October 24, Tesla stock rose about 22% after the company released its Q3 earnings report. The increase was the best single day for Tesla stock since 2013 despite the earnings falling just under the company’s expectations. However, the earnings represent a $2 billion year-on-year increase, and investors seemed keen on Tesla’s promises to ramp up production in 2025.
McDonald’s Stock Slumps After Burgers Linked to E. coli Outbreak
On Wednesday, October 23, McDonald’s stock plummeted 6% in premarket trading after the CDC released a report tying the burger chain’s Quarter Pounder to an E. coli outbreak that has impacted 49 people in 10 states. According to the CDC, the number of people sick due to the burgers is likely much higher with the majority of cases reported in Colorado.
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: Ford (22), Koninklijke Philips (61), ON Semiconductor (255)
- Tuesday: Alphabet (8), Stryker (82), Advanced Micro Devices (88), Visa (118), PayPal (136), Ecolab (293)
- Wednesday: Microsoft (17), Meta (41), Caterpillar (92)
- Thursday: Apple (9), Amazon (18), Comcast (78), Mastercard (144), Eaton (185), Regeneron Pharmaceuticals (295)
- Friday: Exxon Mobil (192), Berkshire Hathaway (199)
