Plagiarism Today
MARCH 8, 2022
If you follow copyright news, you likely have been seeing countless stories of popular musicians being sued for alleged copyright infringement in their work. . Dua Lipa has been sued twice over her sling Levitating. Drake has been sued over his songs In My Feelings and Nice for What. Finally, Normani and Sam Smith are being sued over their duet Dancing with a Stranger.
Intellectual Property Law Blog
MARCH 9, 2022
In Nippon Shinyaku v. Sarepta Therapeutics, the Federal Circuit held that a forum selection clause specifying that patent infringement or invalidity actions shall be filed in federal district court in Delaware made clear that any validity challenge was required to be brought in that court and that Sarepta’s IPR petitions filed with the Patent Trial and Appeal (“the Board”) contravened the plain language of the forum selection clause.
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Erik K Pelton
MARCH 7, 2022
The following is an edited transcript of my video Key Trademark Search Terms. I recently saw an ad for a new children’s play activity center that opened just down the street from our office, and the ad had one of those giant ball pits that kids are either jumping into or going off a slide to land in. This set off an alert in my brain, because I had been looking for the perfect metaphor to describe the different types of trademark searches and the language around them.
TorrentFreak
MARCH 11, 2022
When ‘Spider-Man: No Way Home’ was about to be released late last year in theaters, spoilers and leaked footage started to circulate online. The spoilers didn’t give away much, nor were they of notable quality. Nonetheless, Columbia Pictures did its best to bury them all. The movie studio sent numerous takedown notices which, accidentally, even targeted news articles that mentioned the leak.
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?
Plagiarism Today
MARCH 10, 2022
When many schools and universities talk about combatting plagiarism, they are often looking at it through a prism of detection and discipline. Frankly, it’s easy to see why. Schools often feel powerless against plagiarism and, when you consider that there will always be some who decide to take shortcuts, detection and discipline will always remain necessary components of any anti-plagiarism strategy.
Technology & Marketing Law Blog
MARCH 8, 2022
[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). This complements a separate letter sent by 38 organizations and companies also opposing the SHOP SAFE Act. I explain my concerns with the SHOP SAFE Act in excruciating detail in this blog post from last year.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MARCH 10, 2022
For many years we’ve been reporting on efforts by Russian authorities to restrict access to internet content deemed ‘dangerous’ by the state. Our focus has been on the relatively tight niche of copyright issues. These typically involve Russian telecoms agency Roscomnadzor and the use of powerful filtering and detection systems to block pirate sites that stubbornly refuse to remove movies and TV shows.
Plagiarism Today
MARCH 9, 2022
Earlier today, two Austrian brothers, Julian and Paul Zehetmayer, announced that they have purchased the intellectual property behind the name LimeWire and will be relaunching the service, though not in as a peer-to-peer file sharing service. Initially released in May 2000, Limewire was a peer-to-peer file sharing service that found a great deal of success and infamy following the closure of Napster in July 2001.
IP Watchdog
MARCH 7, 2022
On March 2, amicus briefs were presented to the U.S. Supreme Court in support of petitioner Universal Secure Registry’s (USR’s) appeal from the U.S. Court of Appeal for the Federal Circuit (CAFC), which challenges that court’s application of the Alice/Mayo framework on Section 101 subject matter patent eligibility in invalidating patent claims owned by USR.
Erik K Pelton
MARCH 11, 2022
The USPTO website at www.uspto.gov is packed with trademark and brand protection resources. See more in my video below, or read more here. More Peltonisms® at [link]. The post USPTO website: packed with trademark tools for brand owners appeared first on Erik M Pelton & Associates, PLLC.
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TorrentFreak
MARCH 9, 2022
Between 2011 and 2013, protests took place in Russia in response to allegations of election-rigging and a lack of civil liberties in Russia. The protests were targeted at Vladimir Putin so, in return, Russia’s Federal Security Service (FSB) made requests to local social media giant vKontakte to begin blocking opposition groups on the basis they were trying to organize a revolution.
Plagiarism Today
MARCH 9, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cox Moves to Overturn $1 Billion Music Suit. First off today, Mike Farrell at Multichannel News reports that oral arguments are beginning today as Cox attempts to overturn a $1 billion judgment against them. Back in 2019, a jury verdict found that Cox was not doing enough on its network to deter piracy and, as such, awarded a group of some 53 music publishers a $1 billion judgment for some 10,000 instances of copy
The IPKat
MARCH 8, 2022
Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. In Denmark, the challenge facing designers and artists in enforcing their rights against infringement has been an area of concern for at least the past two decades, here. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.
The Illusion of More
MARCH 10, 2022
Not that I have any delusions about the reach of this blog, but for what it’s worth, here’s a pro-tip for celebrities everywhere about sharing photographs of yourselves on social media: if you don’t own the rights in the image, don’t post it. This keeps happening. A celebrity posts an image of himself, the photographer […]. The post A Response to Snoop Dogg About Celebrity Photos appeared first on The Illusion of More.
TorrentFreak
MARCH 8, 2022
The major record labels don’t want people to download music from YouTube, which is common practice for millions of people. To stop this, the music industry titans are using a variety of legal tactics around the world. They obtained site-blocking orders, for example, and fight stream-ripping sites such as 2Conv and Yout.com directly in court. Youtube-dl Takedown Battle.
Plagiarism Today
MARCH 7, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Dua Lipa Hit With Another Copyright Lawsuit Over ‘Levitating’. First off today, Bill Donahue at Billboard reports that pop musician Dua Lipa has been hit with a second lawsuit over her hit song Levitating , as a pair of different accusers have accused her of copyright infringement.
IP Watchdog
MARCH 11, 2022
Thirty-one signatories from 29 center-right public policy organizations have written U.S. Health and Human Services Secretary Xavier Becerra, urging him to deny a petition from Knowledge Ecology International that requests use of march-in rights under the Bayh-Dole Act against the prostate cancer medicine, Xtandi. The conservative organizations represented on the letter include some of the most prominent center-right groups, such as the American Conservative Union, Americans for Prosperity, Amer
The Illusion of More
MARCH 7, 2022
Once again, the question arises whether there is any hope of addressing mass online copyright infringement on otherwise legal platforms? It’s an exhausting problem, more than two decades old, and it isn’t getting better. A recent article by Annie Levin for Observer describes a new campaign by Music Workers Alliance (MWA), in which she sums […].
TorrentFreak
MARCH 7, 2022
As Vladimir Putin’s invasion of Ukraine and his military’s horrendous campaign of bloodshed continues, world leaders and people around the globe are hoping that punishing sanctions against the Russian Federation will bring peace to Europe. These are far-reaching and include measures to restrict Russia’s access to technology. Many companies were quick to respond.
Plagiarism Today
MARCH 8, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Russia Mulls Making Software Piracy Legal and Patent Licensing Compulsory. First off today, Thomas Claburn at The Register reports that a leaked Russian document indicates that the country may be considering abolishing criminal and administrative liability for violating software licenses, making software piracy in the country fundamentally legal.
Technology & Marketing Law Blog
MARCH 5, 2022
Faison runs the Sacramento chapter of Black Lives Matter (BLM). She received several racist and offensive emails from an email address purporting to be Karra Crowley. Faison posted the emails to BLM’s Facebook page and identified Karra as the sender. Predictably, the blowback against Karra and her family/business was severe, including death threats.
Traverse Legal Blog
MARCH 8, 2022
My name is NFT lawyer Enrico Schaefer. I am an attorney specializing in blockchain technology. Today, we’re going to talk about non-fungible tokens (NFTs). We will look at two popular NFT offerings, the Bored Ape Yacht Club and Crypto Punks. Both NFT drops have been unexpectedly and amazingly successful. But the companies behind these NFT projects failed to account for several critical legal issues when they launched.
TorrentFreak
MARCH 6, 2022
Peer-to-peer technology was hot in the early 2000s, with many developers building their own networks, protocols, or applications. Napster was considered the poster child for these early developments but, soon after, iconic names such as LimeWire , Freenet, and BitTorrent emerged. These technologies would grow out to become game-changers. Away from the computer, there were major developments in the real world as well.
Plagiarism Today
MARCH 10, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Rapper Nas Dragged To Federal Court Over Tupac. First off today, Ryan Naumann at Radar Online reports that photographer Al Pereira has filed a lawsuit against the rapper Nas claiming copyright infringement over a post on social media. The photo in question showed Nas hanging out with the deceased rapper Tupac outside a New York club in July 1993.
Technology & Marketing Law Blog
MARCH 11, 2022
I previously blogged this case last year. I summarized the facts: This case involves a LiveJournal community (the Davis Square community for Somerville, MA). In 2017, LiveJournal changed its policies. In response, Newman, the community moderator, copied all of the community’s posts and uploaded them to Dreamwidth–an action we used to call “mirroring” in the old days.
Intellectual Property Law Blog
MARCH 9, 2022
In Nippon Shinyaku v. Sarepta Therapeutics, the Federal Circuit held that a forum selection clause specifying that patent infringement or invalidity actions shall be filed in federal district court in Delaware made clear that any validity challenge was required to be brought in that court and that Sarepta’s IPR petitions filed with the Patent Trial and Appeal (“the Board”) contravened the plain language of the forum selection clause.
TorrentFreak
MARCH 8, 2022
Running a pirate IPTV service can be extremely profitable. One only has to look at the extraordinary wealth accumulated by Bill Omar Carrasquillo, aka Omi in a Hellcat, to see that tens of millions of dollars can be generated by a successful operation. Hanging on to that wealth is another matter, however. After being raided in 2019 , Carrasquillo not only faces losing every penny he made, but also the prospect of a significant custodial sentence.
Erik K Pelton
MARCH 6, 2022
The following is an edited transcript of my video 3 Ways to Overcome a Likelihood of Confusion Trademark Refusal from the USPTO. Over the years, at EMP&A we have become quite experienced at dealing with likelihood of confusion refusals from the USPTO. Even when an application is filed by an attorney, there still are circumstances where an examiner may issue an office action finding a likelihood of confusion with one or more registered trademarks.
IP Watchdog
MARCH 10, 2022
Just as some sources had begun to speculate that Judge Alan Albright had received the United States Court of Appeals for the Federal Circuit’s (CAFC’s) message on transfer—in light of a slew of decisions reversing his refusals to move cases out of his court—the CAFC yesterday granted two more petitions for mandamus relief, holding the United States District Court for the Western District of Texas clearly abused its discretion in not granting a change of venue.
Patently-O
MARCH 11, 2022
by Dennis Crouch. Thaler v. Hirshfeld , App No. 21-02347 (Fed. Cir. 2022). Prof. Ryan Abbott continues to push Thaler’s case on a global basis. Thaler created an AI system that he calls DABUS. DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind.
TorrentFreak
MARCH 9, 2022
In 2019, several major music companies filed a lawsuit against Internet provider RCN. Helped by the RIAA, they argued that the ISP turned a blind eye to pirating subscribers. The lawsuit is in many regards similar to the ones against other ISPs, such as Cox, Grande, and Charter, which were all accused of failing to terminate the accounts of repeat infringers.
The Illusion of More
MARCH 8, 2022
In honor of International Women’s Day, let’s give a tip of the hat to author Margaret Lee, whoever she was. According to Frank Leslie’s Popular Monthly, Volume 49, November 1899 – April 1900, Miss Margaret Lee of Brooklyn, NY was the “author or sixteen published books, mostly novels.” Her obituary in the Brooklyn Daily Eagle, […]. The post Who was Miss Margaret Lee?
IP Watchdog
MARCH 9, 2022
The Initiative for Medicines, Access & Knowledge (I-MAK) has responded to a letter it received from Senator Thom Tillis (R-NC) in January asking the organization to address claims that its data on the effects of pharmaceutical patents on drug pricing is faulty. In the letter, I-MAK defended its underlying patent data and, in reference to the question of why the data differs significantly from public sources like the Food and Drug Administration’s (FDA's) Orange Book and court filings, expla
Patently-O
MARCH 8, 2022
by Dennis Crouch. In 1982, the USPTO began charging a surcharge for patent applications that included >3 independent claims and >20 total claims. The original surcharge was $10 per extra claim. The surcharge slowly rose up to $18 per extra claim by 2004. Then, in December of that year Congress pushed the fee up to $50 per claim–almost treble damages.
TorrentFreak
MARCH 7, 2022
When Netflix had just started offering online video content years ago, it didn’t consider piracy to be a major issue. However, now that the company itself is one of the largest content producers, this outlook has changed drastically. Like many other rightsholders, Netflix now keeps a close eye on pirate sites and services. The company has its own in-house anti-piracy team with offices on several continents and also works with third-party anti-piracy vendors.
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