Erik K Pelton
JANUARY 21, 2022
We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC.
Plagiarism Today
JANUARY 5, 2022
On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope. However, the name that’s received the lion’s share of the attention has been A.A. Milne’s original Winnie-the-Pooh story.
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Hugh Stephens Blog
JANUARY 17, 2022
On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States.
TorrentFreak
JANUARY 25, 2022
The entire digital world is made up of binary code, often 1’s and 0’s. When you piece enough of them together, beautiful things can be created. By themselves, these two numbers are not that impressive. However, Google Drive appears to see them as a threat of sorts. The Infringing “1” Yesterday, Dr. Emily Dolson, an Assistant Professor at Michigan State University studying eco-evolutionary dynamics, noted that the storage platform had flagged one of her files.
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?
The IPKat
JANUARY 9, 2022
The IPKat Team was extremely saddened to be informed of the passing of Professor William (Bill) Cornish. The co-founder of our blog, Professor Jeremy Phillips, remembers him as follows: In memoriam: William (Bill) Cornish (1937 - 2022) by Jeremy Phillips I first encountered Bill Cornish in 1974 when, as a raw intellectual property doctoral student, I travelled up from Canterbury to discuss my chosen topic and seek his advice.
JD Supra Law
JANUARY 6, 2022
At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence. The consultation is seeking evidence and views on the extent to which patents and copyright should protect inventions and creative works made by AI, and also measures to make it easier to use copyright protected material in AI development, to support innovation and research.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
JANUARY 18, 2022
On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. The book, which details the effort by Chilean filmmaker Alejandro Jodorowsky to make a Dune film in the 1970s, is indeed a rare and valuable book.
Copyright Alliance
JANUARY 25, 2022
Around the end of December 2021, rightsholders were collectively holding their breaths over several bills which proposed to force publishers into a compulsory regime for the licensing of electronic formats […]. The post States Should Follow New York’s Rejection of Mandatory eBook Licensing appeared first on Copyright Alliance.
TorrentFreak
JANUARY 19, 2022
The Domain Name System has been an essential component of the Internet since the mid-eighties. DNS resolvers make it possible to map a human-readable domain name to an IP-address, so a website or service can be easily located. Older people also call it the Internet’s phone book. Nowadays, there are several large DNS resolvers. Many ISPs operate their own but third-party DNS services are very popular too.
The IPKat
JANUARY 4, 2022
Kat friend Dr. Aleksandra Sewerynik shares her periodic insights on copyright in the recording industry, this time in connection with the rights of the music producer. Every songwriting process is a different story. You can get a closer look at it by watching ‘ Diary of a song ’ by The New York Time s on YouTube, and documentaries such as Ed Sheeran’s ‘ Songwriter ’, or Shawn Mendes ‘ In Wonder ’.
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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.
The Trichordist
JANUARY 20, 2022
Hugh Prestwood and Judy Ahrens' story highlights the cruelty of the Copyright Royalty Board's frozen mechanicals policy and the failure of leadership by music publishers.
Technology & Marketing Law Blog
JANUARY 9, 2022
A recap of emoji law developments in 2021: Court References. I maintain a dataset of US court opinions that reference emojis and emoticons. I have compiled the dataset using keyword alerts in Westlaw and Lexis, supplemented by a few opinions I’ve found other ways. The latest version enumerates a total of 586 opinions through the end of 2021. Most case references are merely that–the court simply notes the presence of a symbol as part of reciting evidence in the case.
Plagiarism Today
JANUARY 27, 2022
For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. It was a powerful tool, if an imperfect one, for investigating a wide range of internet issues, legal and otherwise.
SpicyIP
JANUARY 2, 2022
Cup of coffee, pen and notepad on wooden background. Top view. Image from here. Here’s wishing all our readers a very happy, safe, and healthy new year! Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). b) Top 10 IP Judgments/Orders (Ju
TorrentFreak
JANUARY 18, 2022
In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools. Developed by German company Eyeo GmbH and available on Firefox, Chrome, Safari, Android and iOS, one of the most popular tools is AdBlock Plus.
The IPKat
JANUARY 20, 2022
The entry into force of the Protocol on Provisional Application of the UPC Agreement has been a major milestone for the actual birth of the Unitary Patent Court. According to paragraphs a and b of Article 3(1) of the Protocol, there are two alternative conditions for the entry into force of the Protocol, namely: (a) either the Protocol can be « signed in accordance with Article 2(2)a. or signed, and ratified, accepted or approved this Protocol in accordance with Article 2(2)b.; or (b) the Signat
IP Watchdog
JANUARY 1, 2022
It's New Year's Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”) Responses this year ranged from the practical (that Kathi Vidal and Leonard Stark will be confirmed to their respective nominations) to the fantastical (the invention of a teleporting machine) – and we even got a poetry
Patently-O
JANUARY 25, 2022
by Dennis Crouch. Masimo Corp. v. True Wearables, Inc. ( Fed. Cir. 2022 ) (nonprecedential). This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. does not necessarily compel a finding that the information cannot maintain its status as a trade secret for a party in an entirely different field.” Serious Questions : A
Plagiarism Today
JANUARY 3, 2022
A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways. However, in pretty much all the cases below, the table was set for them in years past. But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon.
SpicyIP
JANUARY 12, 2022
Image of folder tag with text “confidential” Image from here. The Bombay High Court in Tarun Wadhwa v. Saregama India Ltd & Anr deliberated upon the intersection of copyright infringement and confidentiality law and held that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Background. The case, decided by a single-judge Bombay High Court bench, concerned an allegation by the plaintiff, Tarun Wadhwa, of copyright infringement and br
TorrentFreak
JANUARY 17, 2022
Amidst growing concerns surrounding online privacy and security, VPN services have become increasingly popular in recent years. Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. As with regular Internet providers, a subsection of these subscribers may be engaged in piracy activities. Over the past few years we have seen copyright holders take several ISPs to court, accusing them of failing to disconnect repeat copyright infringers.
The IPKat
JANUARY 24, 2022
Can something be simultaneously iconic and lack distinctiveness under trade mark law? Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Inspired by the boots worn by Neil Amstrong to walk on the surface of the Moon in 1969, the Moon Boots were the first, dedicated after ski footwear.
IP Watchdog
JANUARY 3, 2022
Once again, this year we asked a selection of IP stakeholders to weigh in on what important IP events they see unfolding in the year ahead. While crystal balls were not required, respondents were encouraged to take their best educated guesses about what the future holds for IP in 2022. From the Federal Trade Commission (FTC) to the Supreme Court to the International Trade Commission (ITC), there is a lot to keep on our radar.
Patently-O
JANUARY 11, 2022
by Dennis Crouch. Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. The court decided a number of big patent cases during the period of 1891-1952, although many of them have been rejected or are no longer followed.
Technology & Marketing Law Blog
JANUARY 22, 2022
A “lapsed” Jehovah’s Witnesses member, using the alias “ Kevin McFree ,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The IP arm of the Jehovah’s Witnesses (the “Watch Tower”) claimed that one such video, the “Dubtown Video,” infringed its copyright by incorporating snippets of its videos.
SpicyIP
JANUARY 12, 2022
Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials!
TorrentFreak
JANUARY 5, 2022
When the original Popcorn Time application launched eight years ago, we billed it as the “ Netflix for Pirates.” The software offered a clean and easy-to-use interface to stream pirated movies and TV shows, all powered by BitTorrent. Rivaling Hollywood and Netflix. In the years that followed Popcorn Time had to endure plenty of legal threats, mostly from Hollywood.
The IPKat
JANUARY 17, 2022
In the era of fake news, reliable sources of information are more valuable than ever. When it comes to official registers held on a governmental level, administrative bodies are often tasked to ensure such registers are accurate and complete. Accessing those registers usually comes at a cost, prompting some commercial parties to offer the same information at a lower price.
IP Watchdog
JANUARY 23, 2022
Incoming U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Vidal’s responses emphasize three priorities: strengthening patents and trademarks, ensuring that U.S. intellectual property is protected abroad, and expanding the reach of the patent system to underrepresented groups.
The Illusion of More
JANUARY 19, 2022
By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66 million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works. The group also […]. The post NFT – The Hottest Trend in Ripping Off Artists appeared first on The Illusion of More.
Copyright Alliance
JANUARY 6, 2022
2021 was a roller coaster of highs and lows in copyright litigation. A much-anticipated Supreme Court decision left many scratching their heads, while the Second and Ninth Circuits brought a […]. The post Copyright Cases in 2021: A Year In Review appeared first on Copyright Alliance.
Patently-O
JANUARY 13, 2022
by Dennis Crouch. The chart below shows the number of Supreme Court patent decisions broken-up by decade. The ramp-up in the late 1800s is tied to the “second industrial revolution” in the US. The drop in cases after 1890 is largely procedural. Congress created the regional circuit courts of appeals as a buffer between the trial courts & Supreme Court.
TorrentFreak
JANUARY 19, 2022
OpenSubtitles is one of the largest and most popular subtitle repositories on the Internet. Millions of subtitle files are downloaded every week in many languages, often to be paired with downloaded movies and TV shows. The site was founded in 2006 by a Slovakian programmer who came up with the idea while drinking a few beers at a local pub. Following an announcement late yesterday, more beers might be needed to cope with an emerging crisis.
The IPKat
JANUARY 10, 2022
On January 1, France took over the Presidency of the Council of the European Union. As the current president, France is responsible for the functioning of the Council of the EU. Among its responsibilities, France will determine the Council’s agenda in discussing the Commission’s draft acts and set priorities in EU policy-making. In that connection, France has recently published its programme for the Presidency [available here in English], which includes several actions on intellectual property.
IP Watchdog
JANUARY 12, 2022
Is the Supreme Court competent to handle issues dealing with technology? The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent.
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