Plagiarism Today

NOVEMBER 17, 2022

For most people, the word Supercalifragilisticexpialidocious has exactly one context, the 1964 film Mary Poppins and the famous hybrid live action/animated scene that it was featured in. The word and the song that it titles has remained a part of our lexicon for nearly sixty years and, despite being a famous tongue-twister (so much so, it was featured in a recent Mental Floss episode on the topic ), has been on the tongues of generations.

Copyright 341

Copyright Music Copyright Infringement Plagiarism 341

Michael Geist

NOVEMBER 24, 2022

Since its introduction last spring, online news outlets have expressed fears that Bill C-18, the Online News Act, will primarily benefit large incumbent news organizations. Those concerns grew once the Parliamentary Budget Officer estimated that more than 75% of the revenues would go to broadcasters such as Bell, Rogers, and the CBC. After Postmedia and Torstar collect their share, there may be little left for innovative online startups.

Reporting 145

Reporting Journalism Government Publishing 145

TorrentFreak

NOVEMBER 18, 2022

When the file-sharing revolution hit the mainstream well over a decade ago, many site operators and users positioned ‘sharing’ as an ideology. This altruistic belief has started to fade in recent years. For most pirate sites and services, money is the main driver, with piracy as the means to that end. There are some notable exceptions of course, especially in the publishing industry where free access to knowledge is advocated by Sci-Hub, LibGen, and others.

Privacy 145

Privacy Copyright Law Copying Law 145

Copyright Lately

NOVEMBER 8, 2022

A new crop of copyrighted works (including rights in a certain famous British detective) will enter the public domain in the United States on January 1, 2023. Here’s what it all means. Last month, Hulu announced that the upcoming third season of its Hardy Boys reboot would be the series’ last. While it’s certainly not unusual for streamers to cancel shows after only a few seasons , it also just so happens that the first three novels introducing the teenage sleuths are about to enter the pu

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

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?

Technology

IP Watchdog

NOVEMBER 1, 2022

On October 28, Kristina Kashtanova, an artist and artificial intelligence (AI) consultant and researcher, received notice from the U.S. Copyright Office (USCO) that the registration for the first issue of her partially AI-generated graphic novel, Zarya Of The Dawn, may be canceled. A month earlier, on September 15, the USCO issued a registration for Kashtanova’s work, which was subsequently widely publicized as the first known instance of an AI-generated work being successfully registered with t

Registration 145

Registration Copyright Law Technology 145

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? The Rome Court of First Instance answered ‘yes’ in the context of a successful application for a preliminary injunction made by Juventus F.C. ( decision on 20 July 2022, case No 32072/2022 ).

Non-Fungible Tokens 145

Non-Fungible Tokens Advertising Advertising Registration 145

Technology & Marketing Law Blog

NOVEMBER 22, 2022

I prepared these statistics on November 18, 2022, roughly 5 months after launch. Total number of cases: 247. This continues to imply a run rate of about 600 cases per year, or less than 2 cases per day. According to this site , plaintiffs are represented in 69 cases (28%). Unsurprisingly, lawyer-represented plaintiffs are clearing the CCB’s initial screening at about 2x the rate of pro se plaintiffs.

Copyright 144

Copyright Fair Use Settlement Blogging 144

TorrentFreak

NOVEMBER 17, 2022

A few hours ago, the U.S. Department of Justice unsealed the indictment and complaint against two alleged operators of Z-Library. Following an FBI investigation, the authorities pinpointed Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects. The two were arrested in Argentina and now await potential extradition to the United States.

Social Media 145

Social Media IP Copying Law 145

McKinsey Operations

NOVEMBER 15, 2022

Economic and political turbulence have prompted speculation that the world is already deglobalizing. But the evidence suggests that global integration is here to stay, albeit with nuance.

Marketing 143

Marketing Marketing 143

IP Watchdog

NOVEMBER 4, 2022

The U.S. Supreme Court granted petitions for certiorari in two intellectual property cases Friday, one dealing with the limits of extraterritorial application of the Lanham Act and another asking the High Court to weigh in on whether “enablement” means a specification must enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation.

Intellectual Property 143

Intellectual Property Art IP Trademark 143

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.

Patent

The IPKat

NOVEMBER 22, 2022

A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Plagiarism Today

NOVEMBER 7, 2022

Earlier today, video game critic and prominent YouTuber James Stephanie Sterling posted a video calling out a marketing firm working for Activision Blizzard in the run-up to the release of Call of Duty: Modern Warfare 2. . According to Sterling, an agency known as Hill + Knowlton Strategies reached out to a colleague of theirs, Laura Kate Dale, offering not just review keys to the game, but “features” that they could run on their site.

Plagiarism 265

Plagiarism Journalism Copying Marketing 265

Likelihood of Confusion

NOVEMBER 23, 2022

First published July 24, 2017. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

Registration 142

Registration Publishing Trademark 142

TorrentFreak

NOVEMBER 23, 2022

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names. Following an FBI investigation, the authorities identified Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects.

Social Media 145

Social Media Advertising Advertising Publishing 145

McKinsey Operations

NOVEMBER 28, 2022

Space is no longer the sole domain of governments and aerospace and defense companies. Businesses that pursue emerging opportunities now may gain a first-mover advantage.

Government 145

Government Business 145

Technology & Marketing Law Blog

NOVEMBER 30, 2022

This is another lawsuit against IAPs for subscribers’ BitTorrent activity. As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 138

Copyright Advertising Advertising Copyright Infringement 138

The IPKat

NOVEMBER 26, 2022

Unforgettable Kat. What can be the territorial scope of an injunction requiring a search engine to delist certain search results? This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced.

Law 141

Law Privacy IP Personality Rights 141

IP Watchdog

NOVEMBER 26, 2022

Worldwide IP filings increased by 3.6% in 2021, according to a report published November 21 by the World Intellectual Property Organization (WIPO). The increase came during a turbulent time for the world economy, at the height of the COVID-19 pandemic, as well as a global economic downturn. The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed.

Reporting 137

Reporting IP Intellectual Property Patent Application 137

SpicyIP

NOVEMBER 8, 2022

Image from here. We’re pleased to bring to you a guest post by Akshay Ajayakumar examining the Delhi High Court judgment in the recent Knitpro International case, on shape marks. Akshay is a lawyer based in Munich, Germany. He is a graduate of National Law University, Jodhpur, and is currently pursuing his LL.M in IP and Competition Law from Munich Intellectual Property Law Center (MIPLC) – A cooperation project of the Max Planck Society, the University of Augsburg, the Technical University of M

Registration 133

Registration Trademark Intellectual Property Law Law 133

TorrentFreak

NOVEMBER 17, 2022

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names as part of a criminal investigation.

Publishing 145

Publishing Intellectual Property Copyright Infringement Advertising 145

McKinsey Operations

NOVEMBER 4, 2022

Ever been told to quit while you’re ahead, or that winners never quit? Poker player-turned decision strategist Annie Duke explains why this advice is costing you time and money.

142

142

Technology & Marketing Law Blog

NOVEMBER 23, 2022

Bayam and ID Tech run rival online jewelry businesses. Both use Shopify as a service provider. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits against Bayam and sending numerous DMCA takedown demands to Shopify. Bayam’s counternotices were ineffectual, leaving 123 Bayam products offline, and Shopify warned Bayam that it may terminate services to a repeat infringer.

Copyright Law 138

Copyright Law Copyright Law Copyright Infringement 138

The IPKat

NOVEMBER 30, 2022

Art. 10.2 of the PRC Trade Mark Law (TML, 2019 Amendment ) concerns a ground for refusal against foreign geographical names: No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trade marks, except where geographical names have other meanings or constitute part of a collective trade mark or certification trade mark.

Art 133

Art Registration Intellectual Property IP 133

IP Watchdog

NOVEMBER 5, 2022

Trust and estate attorneys regularly advise their clients to enter into prenuptial agreements to protect the valuable assets each spouse brings to the marriage as well as how to distribute community property in the event of a divorce. Brand collaborations with celebrities, influencers or other brands are much like marriages, but brand collaborations are even more unlikely to last.

Branding 128

Branding Brands Branding IP 128

SpicyIP

NOVEMBER 2, 2022

We are pleased to inform you that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), and Third World Network are organising a five-day course/workshop on Access to Medicines, TRIPS and Patents in the Developing World from December 10- 14 in Kochi, Kerala. The deadline for applications is November 10, 2022.

Intellectual Property 130

Intellectual Property Patent Technology Law 130

TorrentFreak

NOVEMBER 29, 2022

When the U.S. Government shut down Megaupload in 2012, similar platforms were presented with a practical example of what could happen to their businesses too. A few dozen armed police officers and helicopters swooping in for Kim Dotcom was certainly eye-catching, but the world learned something else too; hosting files can make people ridiculously rich and with Megaupload gone, there was a big gap in the market.

Copyright 144

Copyright Music Business Copyright Infringement 144

McKinsey Operations

NOVEMBER 15, 2022

Our work with the Rework America Alliance highlights how a skills-based approach can help US employers expand talent pools and retain great workers—even through economic uncertainty.

141

141

The Illusion of More

NOVEMBER 20, 2022

I know I’m arriving late to this party. It’s almost Thanksgiving, but it was back on November 3 that two Russian nationals—Anton Napolsky and Valeriia Ermakov—were arrested in Argentina at the request of the United States on charges of criminal copyright infringement, wire fraud, and money laundering. Concurrent with the arrests, authorities seized 241 domains […].

Copyright Infringement 127

Copyright Infringement Copyright 127

The IPKat

NOVEMBER 30, 2022

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. The two proposals will now be transmitted to the European Parliament and the Council for adoption. This post summarises the main innovations of the two proposals. New definitions for “design” and “product” (Art. 2 Draft Directive, Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively

Design 133

Design Designs Publishing Art 133

IP Watchdog

NOVEMBER 29, 2022

Last September, a bipartisan pair of Senators introduced the Pride in Patent Ownership Act, which, if passed, would add greatly-needed transparency to our patent system. The legislation would require patent owners to disclose their identity to the U.S. Patent and Trademark Office (USPTO) when a patent issues and whenever it changes hands so that members of the public have easy access to information about who the true owners of patents are.

Ownership 127

Ownership Inventor Patent Litigation 127

SpicyIP

NOVEMBER 21, 2022

We are thrilled to review Prashant Reddy’s new book on the Indian drug regulatory system! Co-authored with Dinesh Thakur their book – The Truth Pill – The Myth of Drug Regulation in India was released this October. Given that drug regulation has a direct nexus to public health, maybe even more than patents, several years ago, Shamnad, Prashant and Sai started a new initiative on SpicyIP to throw more light on India’s drug regulatory framework.

Government 129

Government Publishing Reporting Advertising 129

TorrentFreak

NOVEMBER 4, 2022

Pretty much every book ever written is available online for free and millions are shared through central hubs, commonly known as ‘shadow libraries’. Z-Library is one of the largest shadow libraries on the Internet. Through a variety of domain names, the site offers over 11 million books and 84 million articles. This has attracted a steady userbase and many millions of monthly visitors.

Social Media 145

Social Media Copyright 145

McKinsey Operations

NOVEMBER 16, 2022

Digital design and product development can provide new ways to solve complex problems. Getting implementation right means thoughtfully translating big ideas into boots on the ground.

Design 138

Design Designs 138

Patently-O

NOVEMBER 1, 2022

Finjan LLC v. ESET LLC , — F.4th — ( Fed. Cir. 2022 ). Finjan’s patents claim a system for checking downloadable files for security concerns. Back in 1996 when Finjan filed its original provisional application, the focus was on applets or other small downloadable programs. But downloadables today are much bulkier. Here, the claims require a number of operations on “a downloadable” and the parties have debated throughout the litigation how to construe that term.

Invention 126

Invention Patent Litigation Law 126

The IPKat

NOVEMBER 13, 2022

It is almost a year since publication of T 1989/18 made waves in the European patent community with its finding that the requirement to amend the description in line with the claims lacked legal basis. Since T 1989/18 we have had a number of Board of Appeal decisions on both sides, finding either legal basis or a lack of legal basis for the description amendment requirement.

Law 127

Law Invention Patent Application Patent 127