Erik K Pelton

AUGUST 19, 2022

The following is an edited transcript of my video An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute. There is a very well-known quote from Benjamin Franklin about an ounce of prevention being worth a pound of cure. This statement is really true when it comes to trademarks. I really love Ben Franklin, he was such a unique inventor of so many different things, and scholar, and really, a Renaissance man.

Trademark 147

Trademark Social Media Registration Branding 147

Plagiarism Today

AUGUST 18, 2022

The Copyright Claims Board (CCB), better known as the “copyright small claims court”, became a part of U.S. copyright law in December 2020 with the signing of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). . After a year and a half of rule making and infrastructure building, the CCB opened its doors in June 2022. Within a month, the first 70 cases had been filed.

Copyright 296

Copyright Registration Music Copyright Infringement 296

TorrentFreak

AUGUST 18, 2022

Reddit is without doubt one of the most popular user-submitted content sites that exists on the Internet. The community-driven platform has “subreddits” dedicated to pretty much every topic you can think of. These generate a constant stream of discussions and links, some more useful than others. Moderators play an essential role in bringing order to this chaos.

Copyright 143

Copyright Copyright Infringement 143

McKinsey Operations

AUGUST 19, 2022

Danish design experts Christian Bason and Jens Martin Skibsted say humanity needs a more expansive outlook on problem-solving—one that is less human-centered and more future-proof.

Designs 135

Designs Design 135

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

The IPKat

AUGUST 17, 2022

Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian : “It doesn’t matter that Beyoncé didn’t actually infringe Kelis’s rights. The point is that people think she did…[Kelis] doesn’t have any legal standing but by being vocal on social media, she creates emotional and moral capital.

Social Media 136

Social Media Registration Intellectual Property Ownership 136

Plagiarism Today

AUGUST 16, 2022

Depending on the school, the fall 2022 school year has either started, or is starting imminently. . For many, this school year is unusual, specifically because it’s so normal. The 2020 and 2021 school years were altered heavily by the COVID-19 pandemic, creating a push to distance learning as schools struggle to stay open. Though distance learning is here to stay and education will likely never look exactly like it did in 2019, 2022 is still marks a return to something that as close to that prev

Plagiarism 228

Plagiarism Contracts Copying Litigation 228

IP Watchdog

AUGUST 15, 2022

Everyone knows someone whose life has been impacted by cancer, be it a parent, a sibling, or a friend. But it is rarer, perhaps, to know a family touched by pediatric cancer. Yet, cancer is the second leading cause of death in individuals under 14, impacting?nearly 10,500 children annually in the United States. Fifty years ago, a child diagnosed with cancer had a median five-year survival rate of only 58%.

Business 130

Business Technology Government Intellectual Property 130

Trading Secrets

AUGUST 17, 2022

Everyone generally agrees that people and organizations should be able to protect their proprietary and valuable information. But one area where we’ve seen legislative fretting is when that principle potentially impedes reporting wrongdoing to the government. As we have previously blogged, Congress and many state legislatures are exploring (or, in some cases, already enacted) legislative protections for reporting suspected misconduct to the government.

Confidentiality 122

Confidentiality Cease and Desist Government Reporting 122

Plagiarism Today

AUGUST 15, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: How Did Two Unknown Latin Music Operators Make $23 Million From YouTube? The IRS Says They Stole It. First off today, Kristin Robinson at Billboard reports that the Internal Revenue Service (IRS) is accusing two individuals, as well as a variety of co-conspirators, stole an estimated $23 million in royalties owed to a variety of other artists.

Music 218

Music Reporting Plagiarism Licensing 218

TorrentFreak

AUGUST 16, 2022

As Europe’s top football leagues launch their 2022/23 season campaigns, pressure to balance the books at the continent’s most prestigious clubs remains a top priority. In the summer transfer window alone, LaLiga club Barcelona spent €153m euros, but that’s peanuts compared to the paychecks it hands to its top players. The club has a weekly payroll of €5.3m , of which more than 10% goes to Dutch player Frenkie de Jong.

Government 136

Government Reporting Contracts Marketing 136

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

AUGUST 15, 2022

According to even the most recent decisions from the Boards of Appeal of the EPO, we are still in a state of general emergency justifying holding oral proceedings by ViCo without the consent of all parties. However, as the heightened threat of COVID-19 slowly diminishes, the Boards' justifications for continuing to enforce ViCo proceedings on users without their consent are becoming increasingly tenuous.

Reporting 119

Reporting Technology Patent 119

JD Supra Law

AUGUST 18, 2022

Josh Owen never looked at himself as an entrepreneur. He formed his first company Tryon Solutions to do some consulting work, and before he knew it, the company had grown to the point where it had about 100 employees. For Josh, it was time to try another idea, which required funding. Even after a $2.5M raise to start his new company Cycle Labs, he still doesn't think of himself as an entrepreneur - he's simply someone who likes to solve problems.

117

117

Plagiarism Today

AUGUST 16, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: €8.5m Copyright Infringement Verdict Against Vimeo Stands on Appeal. First off today, Ernesto Van der Sar at Torrentfreak writes that the Rome Court of Appeal has upheld an €8.5 million ($8.64 million) judgment against the video hosting platform Vimeo over alleged piracy that take place through its service.

Fair Use 206

Fair Use Copyright Infringement Plagiarism Intellectual Property 206

TorrentFreak

AUGUST 18, 2022

In recent years, publishers of Japanese manga comics have been sending a sustained and clear message that content piracy will not be tolerated, wherever it takes place in the world. The problems faced by companies including Shueisha, Kadowaka, Kodansha, and Shogakukan, are easy to describe but much more difficult to counter. Japan-based pirate site operators serving a domestic audience face experienced local investigators, law enforcement agencies, and a relatively high prospect of criminal sanc

Publishing 134

Publishing Copyright Infringement Copyright Copying 134

The IPKat

AUGUST 16, 2022

A recent decision from the Boards of Appeal considered when a first instance department should reconsider a decision before sending an appeal to the Boards of Appeal (interlocutory revision) ( T 682/22 ). The decision highlights the self-contradictory stipulations in the Guidelines for Examination on interlocutory revision. Parts of the Guidelines also contradict the established case law.

Law 117

Law Patent 117

Technology & Marketing Law Blog

AUGUST 19, 2022

This is a pro se lawsuit against Match and Tinder for fake dating profiles in the plaintiff’s name. I’m going to focus on the publicity rights claim piece of the lawsuit. Match invoked Section 230. The court says that Match qualified for the prima facie requirements for a 230 defense, but the publicity rights claims fits into the IP exception.

Social Media 119

Social Media Intellectual Property Publishing IP 119

Plagiarism Today

AUGUST 17, 2022

The Digital Millennium Copyright Act (DMCA) is easily the best-known law when it comes to notice and takedown. . Passed into law in 1998, the DMCA is the law that creates the notice-and-takedown regime used in the United States and creates both the requirements for a DMCA notice and the notice/counternotice process we are most familiar with. However, the law only directly applies to the United States.

Designs 203

Designs Design Copyright Notice Copyright 203

TorrentFreak

AUGUST 16, 2022

Vimeo is a New York-based video streaming platform that mostly targets business users. The service has over a quarter billion registered users and monetizes its platform through subscriptions, pay-per-view videos, and advertisements. Like many other online platforms, Vimeo is predominantly used for legitimate purposes. However, on occasion, its users also upload copyright-infringing content and if these videos are not rapidly removed, it can cause serious problems. €8.5m Damages for Failing to R

Copyright Infringement 132

Copyright Infringement Copyright Advertising Advertising 132

McKinsey Operations

AUGUST 16, 2022

Mehnaz Mustafa spearheaded the creation of an innovative public-health data and analytics hub to inform New Jersey’s COVID-19 response, advance health equity, and tackle public-health challenges.

113

113

Technology & Marketing Law Blog

AUGUST 14, 2022

Some members of Gen. Michael Flynn’s family sued CNN for implying that they are QAnon followers. The case involves: a report aired by CNN on February 3, 2021, which was entitled “CNN Goes Inside a Gathering of QAnon Followers.” The report included a brief clip of the Flynns standing next to Lieutenant General Michael Flynn as he proclaimed, “where we go one, we go all.

Law 121

Law Social Media Reporting Government 121

Plagiarism Today

AUGUST 17, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. First off today, Jaron Schneider at PetaPixel reports that the United States Copyright Office has weighed in on the Andy Warhol case, telling the Supreme Court that they feel Warhol’s paintings were not a fair use of Lynn Goldsmith’s photos.

Fair Use 200

Fair Use Copyright Reporting Plagiarism 200

TorrentFreak

AUGUST 15, 2022

For more than a decade, anti-piracy company MarkMonitor has been a trusted partner of the major record labels. Among other things, the company provided evidence and testimony for the piracy lawsuit against Internet provider Bright House that was settled two weeks ago. Shortly after the settlement was announced, MarkMonitor asked the court to make sure that sensitive evidence doesn’t see the light of day.

Confidentiality 132

Confidentiality Settlement Copying Litigation 132

IP Watchdog

AUGUST 16, 2022

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential order denying a petition for writ of mandamus filed by Palo Alto Networks (PAN) that asked the court to compel the U.S. Patent and Trademark Office (USPTO) to grant Director Review of the Patent Trial and Appeal Board’s (PTAB’s) decisions not to institute inter partes review (IPR) and post grant review (PGR) of Centripetal Networks’ patents.

Patent 111

Patent Trademark Litigation Intellectual Property 111

McKinsey Operations

AUGUST 17, 2022

Geopolitical and climatic events are impacting the food system’s resilience. Here’s what happened this year, what may come next year, potential consequences, and considerations that may mitigate the impact.

107

107

Plagiarism Today

AUGUST 18, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Zillow Only Wants to Be Fined Once for 2,700 Photo Copyright Infringements. First off today, Jason Schneider at PetaPixel reports that Zillow is asking the Ninth Circuit Court of Appeals to reduce damages against them by ruling that a collection of 2,700 infringed photos should be treated as one infringement rather than 2,700 separate ones.

Plagiarism 195

Plagiarism Licensing Reporting Copyright 195

TorrentFreak

AUGUST 17, 2022

With over 200 million code repositories, shared by more than 80 million users, GitHub is the largest online developer platform of its kind. The vast majority of all content stored on the site is perfectly legitimate, but some repositories are more questionable, as they contain or indirectly link to copyright-infringing content. Sky Targets CucoTV Again.

Reporting 127

Reporting Copyright Infringement Copying Copyright 127

LexBlog IP

AUGUST 15, 2022

Are you choosing the name for your business or products? A trademark search is the first step to determining if another company is already using the mark. Imagine if you print labels and brochures, develop a website, run ads and spend valuable time building the reputation associated with a trademark only to discover that the name, logo, or slogan already exists.

Trademark 105

Trademark Business Intellectual Property 105

IP Watchdog

AUGUST 15, 2022

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. Litigants and lawyers who previously relied on Judge Albright’s favorable procedural rules and efficient trial schedules as a proxy for more rigorous due diligence will now need to take a closer look at the merits of their cases when considering whether and where to file.

Due Diligence 105

Due Diligence Litigation Patent Patent Infringement 105

IPilogue

AUGUST 17, 2022

Michelle Mao is an IPilogue Writer and an incoming 2L JD candidate at Osgoode Hall Law School. The fantastical and mind-blowing virtual worlds of Ready Player One and Sword Art Online may soon be within reach as the patent race for virtual reality technology heats up between major companies like Disney , Microsoft , and Sony. Virtual reality has been dubbed by entertainment and media companies as the next big advancement in modern-day lifestyle.

Ownership 105

Ownership Patent Litigation Technology 105

TorrentFreak

AUGUST 17, 2022

In August 2021, US broadcaster DISH Network, Sling and NagraStar sued pirate IPTV service Nitro TV. The case focused on Nitro operator Alex Galindo and other members of his family, alleging mass violations of the DMCA’s anti-circumvention provisions and the Federal Communications Act (FCA). The case went undefended and this June came to a close, with the plaintiffs being awarded over $100m in statutory damages.

Reporting 127

Reporting Television Copyright Copyright Infringement 127

Technology & Marketing Law Blog

AUGUST 18, 2022

I’m going on a limb and saying that I believe this is the first appellate court upholding a 512(f) plaintiff win. The closest plaintiffs have gotten in the past is the Ninth Circuit’s Lenz case , which had plaintiff-favorable language but did not rule on the merits (that case eventually settled). Here, the 11th Circuit, in a per curiam unpublished decision, upholds the plaintiff’s 512(f) win at trial and greenlights the plaintiff for damages, costs, and possibly attorneys’

Fair Use 112

Fair Use Cease and Desist Copyright Blogging 112

The IP Law Blog

AUGUST 18, 2022

Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many childhood toys. Not many people realize, however, that brands can trademark those colors and prevent others from using them. The first company to trademark a color was Owens-Corning.

Branding 104

Branding Branding Brands Trademark 104

IPilogue

AUGUST 19, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On June 8 th 2022, Deputy High Court Judge John Kimbell released his decision separating copyright in literary and dramatic characters. For the first time in the UK , a fictional character (Derek ‘Del Boy’ Trotter and others from Only Fools and Horses (“OFAH”) was recognized as an independent copyrighted work.

Copyright Law 105

Copyright Law Copyright Law Cease and Desist 105

TorrentFreak

AUGUST 14, 2022

Piracy tracking firm MUSO aims to help rightsholders convert pirates into paying customers. This is a noble goal and the UK-based company doesn’t shy away from taking a stand. Earlier this week, we highlighted how MUSO linked the increased fragmentation of legal streaming services as one of the reasons why piracy is flourishing. Traditional DMCA Takedowns.

Copyright 121

Copyright Music Reporting Copyright Infringement 121

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104