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.
Intellectual Property Law Blog
JANUARY 24, 2022
Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program. Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action.
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?
TorrentFreak
JANUARY 30, 2022
After well over a decade of rightsholders using the legal system to compel ISPs to block sites on copyright infringement grounds, thousands of domains are blocked by national service providers. According to rightsholders, this type of action is necessary to prevent unauthorized access to pirated movies, TV shows and music, thus boosting legitimate consumption.
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.
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.
Hugh Stephens Blog
JANUARY 4, 2022
As I noted in my year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year. The federal election last fall put on hold a number of copyright-related issues that were … Continue reading "What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?
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.
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.
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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.
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.
Erik K Pelton
JANUARY 31, 2022
It has been a little while since I’ve seen a WTMR, LLC scam mailing. But a client forwarded this “WTMR 2022 OFFER” letter to me last week. The services are worthless. The $980.00 is a scam. The address listed in PO Box 22546 in Fort Lauderdale, FL 33335-2546. Their address has changed several times over the years. See 2018: Beware of scam from WTMR – World Trademark Register.
Plagiarism Today
JANUARY 24, 2022
If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple. Most guides, including my own, are geared toward helping people understand copyright within the context of the issues they dealing with.
Hugh Stephens Blog
JANUARY 10, 2022
Nowadays it is not uncommon for major telecommunications companies (telcos) to provide infrastructure in the form of wireless, wireline and fibre optic, cable and satellite connectivity while also directly controlling some of the content distributed via this infrastructure. Think AT&T/Warner Media, NBC Comcast, Sky (owned by Comcast) and, in Canada, Bell Canada and Rogers Communications. … Continue reading "Will the Content Tail Wag the Wireless Dog?
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 ’.
TorrentFreak
JANUARY 24, 2022
Last October, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com, and their Russian operator Tofig Kurbanov. A Virginia federal court issued a default judgment in favor of several prominent music companies after the defendant walked away from the lawsuit. According to the order, there is a clear need to deter the behavior of Kurbanov who failed to hand over evidence including server logs.
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!
Erik K Pelton
JANUARY 12, 2022
The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). Our firm submitted comments this week generally supportive of this change, and the environmental benefits, while raising some questions about the amount of savings for the USPTO that will result, and how those savings will be spent.
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.
The TTABlog
JANUARY 20, 2022
J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE for, inter alia , medicated mouthwash, toothpaste, and dental floss. J & J established that its mark is famous for Section 2(d) purposes. The goods are overlapping or related, but what about the marks?
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
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.
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
Erik K Pelton
JANUARY 21, 2022
It says a lot if you file a trademark application without counsel. And it is in the public record for everyone to see. Not only will the odds of approval for the application be lower, but if there is ever a dispute involving the brand, others will look at the public records – before sending a letter, or after receiving a letter – and see that the brand owner made a deliberate choice to file on their own.
Plagiarism Today
JANUARY 25, 2022
Last week, the Hamburg District Court issued a ruling in favor of Eyeo, the company behind prominent ad blocker Adblock Plus, in their long-running battle against German publisher Axel Springer. According to the original lawsuit, Springer claimed that Adblock Plus (along with similar extensions) modified the way that a web page is displayed. Since those pages qualify for copyright protection, the modification was essentially creating a derivative (ad-free) work and was an infringement.
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.
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 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 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.
The IPKat
JANUARY 27, 2022
Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.
Plagiarism Today
JANUARY 11, 2022
Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one. The issue impacts a series of imageRUNNER printers and has been caused by the global chip shortage.
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
Patently-O
JANUARY 25, 2022
Here is a fun chart showing the percentage of U.S. patents that cite to Wikipedia as prior art. I created this from data downloaded from the USPTO.
TorrentFreak
JANUARY 17, 2022
Given its reputation for tearing down paywalls to deliver knowledge and enlightenment to academics, students and researchers, Sci-Hub remains one of the internet’s most valuable data resources. Praised by all who find its services useful or even vital, Sci-Hub also has to deal with attacks from publishing giants who would prefer to see the platform taken offline, or blocked by ISPs wherever that is a viable option.
The Trichordist
JANUARY 28, 2022
47% of respondents polled did not feel their voice was heard in crafting the Music Modernization Act.
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