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The Copyright Claims Board (CCB) is the new copyright small-claims court that was introduced in the CASE Act, which as passed in December 2020. The court itself has been open since June of this year and, as of this writing, some 151 cases have been filed with it. Of those 151 cases, some 11 are already closed. To be clear, none of the cases before the CCB have actually been decided by the board itself.
As Bill C-18 continues its deliberate journey down the Canadian Parliamentary legislative track on its way toward enactment, the Bill’s prime targets (Alphabet, in the form of Google Search and Meta in the form of Facebook) continue to deploy the full force of their lobbying efforts to derail the legislation. Their most recent effort is … Continue reading " Bill C-18, the Online News Act: Does it Violate Canada’s Trade Agreement Obligations?
The Senate Bill C-11 hearings have provided a model for the much-needed, engaged, non-partisan inquiry that was largely missing from the House committee’s theatrics in which the government cut off debate on over 150 amendments. But this week those hearings attracted attention for another reason: serious charges of witness intimidation and bullying by government MPs, most notably Canadian Heritage Parliamentary Secretary Chris Bittle (yes, the same Bittle who last month suggested I was a racist a
What are the differences between a USPTO trademark registration certificate and a presentation copy? Erik explains the differences between electronic, presentation, and paper registration certificates. The post What is a Presentation Copy of a Trademark Registration? appeared first on Erik M Pelton & Associates, PLLC. What are the differences between a USPTO trademark registration certificate and a presentation copy?
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?
One can only imagine the crew’s screams of pain when they discovered that a clerical error had robbed ‘Night of the Living Dead’ of its copyright protections. George A. Romero’s masterpiece opened in 1968 to audiences largely unprepared for its genius. If anything, movie distributor Walter Reade Organization was even more unprepared.
Last month, artist Jason Allen won the Colorado State Fair’s art competition with a piece entitled Théâtre D’opéra Spatial. However, it was quickly discovered that the piece was not created by Allen directly, but was the product of an artificial intelligence (AI) platform Midjourney. This prompted a sharp backlash against both Allen and the fair , with Twitter user @GenelJumalon putting it the most bluntly.
Last month, artist Jason Allen won the Colorado State Fair’s art competition with a piece entitled Théâtre D’opéra Spatial. However, it was quickly discovered that the piece was not created by Allen directly, but was the product of an artificial intelligence (AI) platform Midjourney. This prompted a sharp backlash against both Allen and the fair , with Twitter user @GenelJumalon putting it the most bluntly.
Is a country’s failure to ensure the protection of IP rights a breach of human rights, more precisely the right to the peaceful enjoyment of one’s own possessions under Article 1 of Protocol No. 1 to the European Convention of Human Rights (ECHR) ? This is what the European Court of Human Rights (ECtHR) had been asked to consider in Safarov v Azerbaijan (Application no. 885/12).
This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’ “claims are based on Apple’s part in authorizing and negligently distributing a ‘phishing’ / ‘spoofing’ app in its App Store, the Toast Plus application, while continuing to affirmatively repres
Many do not realize the importance of the Trademark Public Advisory Committee (TPAC) at the USPTO. This committee has a critical role and lens into the world of trademark. Watch this episode as Erik shares more about the committee and its functions. The post What is the Trademark Public Advisory Committee (TPAC)? appeared first on Erik M Pelton & Associates, PLLC.
An estimated $600 billion worth of food is lost during or just after harvest. Can manufacturers and grocers do anything about it? Definitely—and it will be good for business, people, and the planet.
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.
Website blocking has become an increasingly common anti-piracy tool around the globe. In dozens of countries, ISPs have been ordered by courts to block pirate sites. In some cases, these blocking efforts are part of voluntary agreements. Cloudflare ‘Pirate’ Blocking Orders. In the United States, these types of injunctions are rare. However, since the Internet has no clear borders, the effects sometimes spill over.
In October 2021, Andrew Azzopardi and a student he was mentoring, Andrew Camilleri, published a literature review entitled Risk and Protective Factors in Violent Youth Crime in the first edition of the journal Studies in Social Well-being. . However, in November that same year, the article became the subject of controversy as two researchers, Saviour Formosa and Janice Formosa Pace, both from the same university as Azzopardi, claimed that parts of the article were plagiarized from their earlier
Image from here. Battle lines are being drawn in the fight over the lucrative mRNA vaccine technology used in certain Covid 19 vaccines. Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna has supplied over 299 million doses of its Covid 19 vaccine to the United States and has, reportedly , lined up supply deals worth USD 35 billion through the end of 2022.
Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. In January 2021, Bumble sought to add an arbitration clause to its TOS. It communicated the amendments via an email notice and a “blocker card” that users encountered when they opened up the app: [The court includ
The following is an edited transcript of my video Do I Need a Lawyer to File a Trademark Application? It is not technically required that you have a lawyer if you are domiciled in the United States when you’re filing a trademark application, but it is strongly recommended. I’m the first to admit I come to this from a bias, but my bias is based on 20 years of looking at people filing trademark applications—many of them who filed without attorneys—and seeing the results or lack of resu
While buffeted by the recent market downturn and bankruptcies, digital assets and the technologies underlying them still have the potential to transform business models across sectors.
Following Russia’s invasion of neighboring Ukraine in February, life in both countries has changed. While Ukrainians fight for their freedom, Russian citizens must deal with the effects of sanctions and other restrictions. Many large companies, including those in the entertainment industry, support sanctions. For example, major Hollywood players and streaming services voluntarily pulled out of the country.
1A few weeks ago, we took a look at the first 100 cases filed with the Copyright Claims Board (CCB), the recently launched copyright small claims court in the United States. There, we noticed several patterns. The majority of cases were self-represented, a plurality of them involved photographic/visual works, and most dealt with infringements that were ongoing.
Dear Authors (“the undersigned”): It’s not your fault. You mean well. But you are simply wrong to have signed that letter—the one written and orchestrated by Fight for the Future (FFTF), which misrepresents the case Hachette et al., v Internet Archive as an attack on libraries. If I were not a copyright nerd, and I […]. The post An Open Letter from a Copyright Nerd to About 300 Authors appeared first on The Illusion of More.
Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.
It can seem challenging to create unique and bold brands, yet there are great examples all around us. In this episode, Erik shares some of recent examples he found of creative, bold brand names. The post Great Trademarks Are Everywhere, You Just Have to Look appeared first on Erik M Pelton & Associates, PLLC. It can seem challenging to create unique and bold brands, yet there are great examples all around us.
Every company must establish its own best practices for managing its data. Here are five pitfalls to avoid based on our conversations with experts and early adopters.
Legal streaming services offering access to top tier football in Europe have a few unique selling points over piracy platforms. Perhaps most importantly, people who subscribe to legal services help to keep the game alive. They support the clubs they love, they support the players, and allow broadcasters to get a return on the money they invested in TV rights.
The first version of the Batman emblem. A recent article by Austin Mace at Screenrant highlights comments made decades ago by Batman co-creator Bill Finger regarding Batman’s first appearance in Detective Comics #27, published in May 1939. . According to Finger, that story, entitled The Case of the Chemical Syndicate , was a direct plagiarism of Partners of Peril , a novel featuring the superhero The Shadow, that was published in November 1936.
A Cleveland federal jury on Friday said TransUnion LLC should pay $18.3 million to a Northeast Ohio startup that claimed the credit reporting giant held its source code hostage after terminating a business agreement, allegedly preventing the startup from making money with its idea elsewhere.
The decision in T 1869/19 relates to the patentability of a medical device defined in a patent according to its method of manufacture, in the form of a "product-by-process" claim. The decision highlights the difficulty and limitations of the product-by-process claim format, and raises questions as to the value to innovators of this type of claim format.
The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademark registration certificates on paper to all registrants automatically, and are instead issuing them electronically. When I launched the firm in December of 1999, the first applications I filed were on paper, and this provides me the opportunity now to look both forward and backward on this topic.
Even amid war in Europe and the energy and cost of living crisis that has resulted, the region needs to pay attention to its slow-motion corporate and technology crisis.
Website blocking and cour-ordered domain suspensions are common anti-piracy measures in several parts of the world. India has been at the forefront of this movement, with rightsholders requesting blockades of thousands of websites over the years. Last week, the New Delhi High Court issued another other, targeting 18 pirate sites including torrentcue.co, uwatchfree.be, extramovies.pics and movierulzhd.lol.
The Copyright Claims Board (CCB) is the new copyright small claims court in the United States. Passed into law in 2020 and opening its doors in June 2022, it promises a simple and affordable way to address copyright claims. . To that end, the CCB upholds many of its promises. There is not much doubt that it is far simpler and far less expensive than a regular copyright infringement lawsuit.
On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry.
Kyle Hanagami is a choreographer. He made a video called “ How Long ” featuring his choreography. It now has 36M+ views. Fortnite offered an emote called “It’s Complicated.” “Ten of the poses in the video and the emote are the same.” Hanagami sued Epic for copyright infringement. The court shows the moves at issue side-by-side: There is no doubt that Fortnite “copied” the video.
The game of pickleball has become the fastest growing sport in the US and trademark filings at the USPTO are a proof of that. Businesses recognize that the trademark records of the USPTO really are a microcosm of the overall economy and a great source of research and knowledge. Find out more in this episode. The post Pickleball: A Boom in Trademark Filings appeared first on Erik M Pelton & Associates, PLLC.
Last year, the UK music industry claimed a major victory in its fight against online piracy. Following a two-year process initiated by the British Recorded Music Industry Ltd (BPI) and Phonographic Performance Ltd (PPL), the High Court ordered major ISPs to block access to several YouTube rippers. The order aims to make these sites, including Flvto and 2Conv, harder to reach.
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