Plagiarism Today
APRIL 19, 2022
Earlier today, the Israeli-based plagiarism detection service Copyleaks announced a new $6 million round of funding to help them further develop their product. Though a relative upstart in this field, being founded in 2013, Copyleaks has been making steady progress both in their product and their business. Much of that success and interest is based upon the fact their product is powered by artificial intelligence.
Erik K Pelton
APRIL 22, 2022
The are 8 mail types of word tools for creating bold brand names. See my new visual below to lean about the meaning tricks, sound tricks, and combination tricks to help make bold brands. You can read more details about all of these in the Building a Bold Brand book at Amazon. The post Introducing: the Building a Bold Bold Brand Wheel appeared first on Erik M Pelton & Associates, PLLC.
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Hugh Stephens Blog
APRIL 24, 2022
This year the theme of World Intellectual Property (IP) Day, April 26, is “IP and Youth: Innovating for a Better Future”. As the World Intellectual Property Organization (WIPO) puts it; “Across the globe, young people are stepping up to innovation challenges, using their energy and ingenuity, their curiosity and creativity to steer a course towards … Continue reading "World IP Day: IP and Youth-Innovating for a Better Future (Kidovate as an Example)?
TorrentFreak
APRIL 22, 2022
YouTube’s Content ID is an advanced piracy recognition system that aims to flag videos or music on users’ channels uploaded without permission. Once detected, such content can be removed or monetized at the discretion of the relevant rightsholders. While Content ID is generally considered effective and financially useful for rightsholders, the system relies on the honesty of those allowed to use it.
Speaker: Blackberry, OSS Consultants, & Revenera
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?
Michael Geist
APRIL 19, 2022
Bill C-18, the Online News Act , represents a massive win for News Media Canada, the lobbying arm for news organizations such as Postmedia and Torstar. After obtaining hundreds of millions in taxpayer support with programs such as the Local Journalism Initiative (made permanent in Budget 2022), the Journalism Labour Tax Credit, and the Digital Subscription Tax Credit, the organization set its sights on the Internet platforms.
Copyright Alliance
APRIL 5, 2022
In the month of March, the U.S. Copyright Office published several final rules related to the copyright small claims court while various U.S. courts weighed in on several closely watched […]. The post March 2022 Roundup of Copyright News appeared first on Copyright Alliance.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
APRIL 7, 2022
This trademark scammer has recently moved addresses to 2058 County Line Road #113, Huntingdon Valley, PA 19006. But the scam is the same — warning about trademark registration renewal deadlines with false information long before renewal can be filed. Sadly, this scammer has been operating for several years without law enforcement shutting it down.
Hugh Stephens Blog
APRIL 19, 2022
Last week I discussed the copyright needle buried in the 2022 Canadian budget haystack, a reference to impending legislation to amend the Copyright Act to fulfill Canada’s obligation under the USMCA/CUSMA to extend its term of copyright protection from the life of the author plus 50 years to “life plus 70”.
TorrentFreak
APRIL 25, 2022
In recent years the European Commission has proposed and adopted various legislative changes to help combat online piracy. This includes the Copyright Directive which passed in 2019 as well as the Digital Services Act (DSA), which was officially unveiled at the end of 2020. The new legislation was met with fierce criticism. Some believe that it will lead to more ‘dumb’ upload filters.
Michael Geist
APRIL 7, 2022
Bill C-18, the Online News Act , is less than 48 hours old, but the more you examine the bill, the worse it gets. My previous posts unpacked why the general policy is bad for press independence and competition as well as why the bill features a misguided attempt to require payments for links. Yet the bill requires an even deeper look since it goes far beyond “compensating journalists when they use their content” (as Prime Minister Justin Trudeau said yesterday in the House of Commons
Advertiser: IPO
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.
Traverse Legal Blog
APRIL 19, 2022
There are new domain extensions in Web3, including.crypto,eth, and.nft. What happens when someone registers your trademark or personal name on these web3 extensions? There are two videos in this web3 domain squatting educational series. Both videos are linked in the description below for easy navigation and reference. Watch video one below. This is a ‘one of kind’ video series on token squatting.
Plagiarism Today
APRIL 28, 2022
If you’re a student, budding journalist or just someone taking up writing, you definitely do not want to become known as a plagiarist. In schools, plagiarism carries with it severe penalties, including potential expulsion. Outside the classroom, being marked as a plagiarist, especially in a public way, is a permanent stain on one’s career. Though some careers move past it, the cloud is always there.
Erik K Pelton
APRIL 25, 2022
The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. I am here to tell you about a personal experience, something that happened about 20 years ago, and I don’t think think I have ever discussed it openly as I’m about to today.
Hugh Stephens Blog
APRIL 4, 2022
People who are really into flags are known as vexillologists, a rather specialized field that studies the history, symbolism and usage of flags. If the papers offered at the periodic International Congress of Vexillology are any guide, then many things attract the attention of flag scholars, such as “The Flags of Bulgarian Municipalities”, “The Flags … Continue reading "Flagging Copyright Concerns: Vexillologists Take Note?
TorrentFreak
APRIL 19, 2022
It’s not a secret that Google and Bing are tweaking their search results to accommodate copyright holders. However, it was a surprise to see that pirate and related sites also started to disappear from DuckDuckGo, as we reported last week. An initial review revealed that the official domains for sites such as The Pirate Bay, Fmovies, and YouTube-DL were no longer showing up.
SpicyIP
APRIL 24, 2022
IP Reveries: Class I – “IPR” – A Tantalising Term or Troubling Terminology? Swaraj Barooah & Lokesh Vyas. The introduction to this new series is laid out in a previous blogpost here. If you haven’t already, please read that to help make sense of this new series! Fair warning, this introductory post is longer than usual but we hope it makes for some easy Sunday reading!
The Illusion of More
APRIL 15, 2022
Mickey Osterreicher, general counsel for National Press Photographers Association (NPPA), wrote an open letter to Senator Josh Hawley of Missouri telling him to stop using a photograph on tee shirts and other campaign merchandise. You know the photo. The one of Hawley raising a fist of solidarity to a mob of knuckle-dragging seditionists shortly before […].
Plagiarism Today
APRIL 27, 2022
On April 13, Ben Dickson at The Next Web received an email from a lawyer with the name Nicole Palmer with the subject “DMCA Copyright Infringement Notice”. The letter was courteous and said that Dickson had used an image without permission. They were happy to have the image used, but simply wanted attribution back to the source. Dickson, however, began to investigate and found that he had obtained the photo from a free stock photo site, one that doesn’t require attribution.
Erik K Pelton
APRIL 12, 2022
What does the golden ratio law of nature have to do with trademark protection? In this episode, Erik ruminates on this concept and reveals its correlation to brand protection. The post The Golden Ratio of Trademark Protection appeared first on Erik M Pelton & Associates, PLLC. What does the golden ratio law of nature have to do with trademark protection?
Hugh Stephens Blog
APRIL 11, 2022
There it was! The copyright needle in the budget haystack. As plain as day–buried on p. 274 of Canadian Finance Minister Chrystia Freeland’s 280 page 2022 budget under “Other Legislative Measures” along with a grab-bag of about 40 other measures.
TorrentFreak
APRIL 17, 2022
More than a decade has passed since the file-storage empire of Kim Dotcom collapsed and Megaupload became the prime target in a high-profile law enforcement operation. Aside from Andrus Nomm’s plea deal and conviction , progress in the criminal proceedings against Megaupload’s founder and former associates is slow. The United States has asked New Zealand to extradite Megaupload founder Kim Dotcom, but the German-born entrepreneur and his former colleagues are fighting the request tooth and nail.
Patently-O
APRIL 25, 2022
by Dennis Crouch. I was reading recent PTAB ex parte cases looking to see how the Office is handling enablement questions. The first three cases I read all involved the same setup: The examiner made a rejection that that the PTAB suggests might have been better suited as an enablement rejection. For example, in Ex Parte Sugimoto (PTAB 2022), the PTAB explained that “the Examiner conflates enablement with indefiniteness.” The PTAB then noted similar sentiment in Ex parte Nunes (PTAB
IP Watchdog
APRIL 18, 2022
The New York Times Editorial Board over the weekend penned an op-ed charging that the U.S. Patent and Trademark Office (USPTO) has “devolved into a backwater office that large corporations game, politicians ignore and average citizens are wholly excluded from.” The piece calls for an overhaul of the U.S. patent system and for new USPTO Director Kathi Vidal and Congress to “seize the opportunity…to modernize and fortify the patent system.
Plagiarism Today
APRIL 20, 2022
hiQ Labs Logo (PRNewsFoto/hiQ Labs). Web scraping has been one of the longest-running themes on this site, with the first articles about it going live as far back as 2006. . The truth is that web scraping has always been controversial, but equally fraught legally. A wide myriad of laws impact, or at least can impact, scraping activities online. . However, a recent ruling from the Ninth Circuit Court of Appeals aims to clarify a key aspect of web scraping.
Erik K Pelton
APRIL 8, 2022
It may not be easy to find a create, creative, bold brand name. But it can be done, and in fact it is done all the time. It doesn’t come easy, but the effort is worth the challenge – and the time and energy involved – to standout with customers and competitors, and to improve the odds of USPTO trademark registration. More Peltonisms® at [link].
The IPKat
APRIL 8, 2022
This Kat has never been much into vampire lore, although our youngest did convince his parents to purchase the full set of episodes for Buffy, the Vampire Slayer. Vampires have been accused of many things over the centuries. But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. Last month marked one hundred years since the first screening in Berlin of the iconic vampire movie — Nosferatu: A Symphony of Horror.
TorrentFreak
APRIL 15, 2022
Launched in 2008, search engine DuckDuckGo is a go-to service for Internet users who value their privacy. Unlike many competitors, the site doesn’t keep a record of users’ IP addresses or other sensitive information. In recent years, the site also stood out by returning cleaner results than competitors such as Google, which actively alters its algorithms to downrank pirate sites.
Technology & Marketing Law Blog
APRIL 6, 2022
This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request to dismiss McGucken’s claim for direct infringement, although it dismissed plaintiff’s other claims.
IP Watchdog
APRIL 5, 2022
The U.S. Senate confirmed Kathi Vidal as the next U.S. Patent and Trademark Office (USPTO) Director Tuesday night in a voice vote. Vidal’s confirmation comes after more than one year with no Senate-confirmed Director or Acting Director at the agency. Drew Hirshfeld has been operating under the title of “Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” since January 2021.
Plagiarism Today
APRIL 7, 2022
The case of Furnituredealer.net (FDN) versus Amazon and Coaster Company of America (CCA) is a fairly pedestrian one. . It deals with whether Amazon and/or CCA infringed FDN’s copyrights by scraping descriptions from their website for use as part of Amazon’s product listings. However, the case itself may depend on a question completely unrelated to any of defendant’s alleged actions.
Erik K Pelton
APRIL 4, 2022
The following is an edited transcript of my video The 5 Most Common Trademark Application Mistakes and How to Fix Them. In addition to filing many, many trademark applications on our own here at Erik Pelton & Associates for our clients, we also frequently get calls from other applicants who filed on their own, or other attorneys who aren’t trademark experts who filed and need assistance.
SpicyIP
APRIL 24, 2022
Intellectual Property Rights – a fascinating ‘subject’ that inadvertently touches upon so many aspects of our day to day life, whether we’re conscious of it or not. A few decades ago, even most lawyers wouldn’t have been able to clearly explain what a patent is. Fast forward to today, and while there’s still plenty of misunderstanding – patents, copyrights, trademarks, inventions, innovations, 4th industrial revolution, etc have all become buzzwords!
TorrentFreak
APRIL 21, 2022
There has never been any shortage of Spanish-focused piracy sites. Roughly a decade ago these sites could operate relatively freely, but law enforcement has become more active recently, in part backed by new legislation. By now it’s clear that running a pirate site is not without risk. And running five pirate sites at once is even more problematic, as Miguel TG found out the hard way.
The IPKat
APRIL 6, 2022
Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Functional and epitope antibody claims can capture a whole class ("genus") of antibody therapeutics, whereas sequence claim language captures a far narrower field molecules. A recent Board of Appeal decision confirmed that genus antibody claims are not only allowable, but when put to the test, can survive appeal ( T 1964/18 ).
IP Watchdog
APRIL 20, 2022
Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The decision was first rendered in November 2021 following oral argument, but the fully written opinion was only delivered March 31, and was published in German on the court's homepage on April 19, 2022.
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