Hugh Stephens Blog

DECEMBER 2, 2021

Despite the welcome news that the National Library of New Zealand is reconsidering its badly flawed decision to donate 600,000 surplus books, including many still under copyright, to the controversial US-based Internet Archive for digitization, the National Library of New Zealand and the country’s librarians through the Library and Information Association of New Zealand (LIANZ)–of … Continue reading "Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

Publishing 246

Publishing Copyright 246

Plagiarism Today

DECEMBER 1, 2021

Mr. Beast, real name Jimmy Donaldson, is a YouTuber who has earned a reputation for his massive giveaways, massive projects and expensive stunts. However, one of his most recent videos has been drawing some criticism over allegations that it is plagiarizing its source material. In the video , Mr. Beast recreates all the games from the recent Netflix hit series Squid Game and puts 456 people through them with the promise that the ultimate winner will receive $456,000.

Plagiarism 252

Plagiarism Derivative Work Copying Licensing 252

Intellectual Property Law Blog

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Sheppard Mullin partner Don Pelto and associates Kazim Naqvi, Rebecca Mackin, and Tom Carr were also key members of the trial team.

Patent Infringement 246

Patent Infringement Patent Government Licensing 246

Erik K Pelton

DECEMBER 2, 2021

At EMP&A, we love good coffee. And we love coffee brand clients who have great trademarks to protect – a few of which are in the image here. The post Trademark protection: an energizing boost for your brand appeared first on Erik M Pelton & Associates, PLLC.

Branding 147

Branding Branding Brands Trademark 147

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

JD Supra Law

DECEMBER 1, 2021

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

Invention 145

Invention Inventor Patent Application Patent 145

Plagiarism Today

DECEMBER 1, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Miramax Wins Lawsuit Over ‘Pulp Fiction’ Movie Poster. First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that Miramax has emerged victorious in a lawsuit filed by the photographer of the iconic Pulp Fiction movie poster. Photographer Firooz Zahedi filed the lawsuit alleging that he took the photo of Uma Thurman in April 1994 but that Miramax has gone on to use it in various merchandise ever s

Reporting 197

Reporting Plagiarism Licensing Ownership 197

Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. One of the most intriguing events in the Olympics is the decathlon, at least from my perspective. The decathlon was created to try to measure the most well-rounded athletes because it’s not just one event, one competition, it’s a total of 10 events. In case you’re not that familiar with it, it’s the 100 meters, the long jump, the shot put, the high jump, the 400 meters, the 110 meter hu

Trademark 147

Trademark Cease and Desist Branding Branding 147

The Illusion of More

DECEMBER 2, 2021

As 2021 winds down, and this blog approaches the mid-point of its tenth year, I ask the following question: Can certain folks stop trying to “fix copyright” in deference to the digital age now that the internet experiment has failed? For over twenty years, the principal argument underlying the “copyright is broken” narrative has been […].

Copyright 123

Copyright Blogging Copyright Law Law 123

Plagiarism Today

NOVEMBER 30, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Once Again Seeks Dismissal of Derivative Liability Copyright Infringement Suit. First off today, Christina Tabacco at Law Street Media reports that Instagram has hit back at an amended complaint against them saying that the second complaint doesn’t resolve any of the issues raised in the first and should be dismissed for the same reason.

Copyright Infringement 193

Copyright Infringement Reporting Plagiarism Licensing 193

TorrentFreak

DECEMBER 2, 2021

To protect copyright holders YouTube uses an advanced piracy recognition system that flags videos or music used on users’ channels without permission. Through this ‘Content ID’ system, infringing content can be removed or monetized by funneling ad revenue to copyright holders, which can be quite lucrative for the rightsholders in question.

Music 145

Music Contracts Copyright Publishing 145

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

Patently-O

NOVEMBER 30, 2021

by Dennis Crouch. In his 1967 Ruschig decision, Judge Rich applied a colorful woodsman metaphor to the written description requirement: It is an old custom in the woods to mark trails by making blaze marks on the trees. It is no help in finding a trail or in finding one’s way through the woods where the trails have disappeared—or have not yet been made, which is more like the case here—to be confronted simply by a large number of unmarked trees.

Art 122

Art Invention Patent Inventor 122

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). Protected Designation of Origins (PDOs) seem to invariably raise interesting issues, and the recent decision of the General Court for 'Porto' proved to be no exception.

Public Domain 117

Public Domain Designs Design Registration 117

IP Watchdog

DECEMBER 3, 2021

Standard Essential Patents (SEPs) are on the rise; the number of newly declared patents per year has almost tripled over the past five years. There were 17,623 new declared patent families in 2020, compared to 6,457 in 2015 (see Figure 1). The 5G standard alone counts over 150,000 declared patents since 2015. Similarly, litigation around SEPs has increased.

Government 116

Government Litigation Patent Patent Infringement 116

TorrentFreak

DECEMBER 1, 2021

In the summer of 2019, the Covert Development and Disruption Team of the UK’s North West Regional Organised Crime Unit announced that a then 40-year-old man had been detained in Winsford, Cheshire, following a joint investigation with anti-piracy outfit Federation Against Copyright Theft. Neither police nor FACT initially revealed the identity of the man but did state that he’d been arrested in connection with creating and maintaining a Kodi add-on configured to supply illegal online strea

Copyright 144

Copyright Television Advertising Advertising 144

IP Close Up

NOVEMBER 30, 2021

A new podcast series, ‘Understanding IP Matters – From creator to entrepreneur’ is set to launch from the Center for Intellectual Property Understanding. ‘Understanding IP Continue reading.

IP 116

IP Intellectual Property Invention Music 116

Technology & Marketing Law Blog

NOVEMBER 29, 2021

Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). I’m keeping my fingers crossed that the judge will recognize this as an easy case.

Social Media 121

Social Media Law Reporting Television 121

IP Watchdog

DECEMBER 3, 2021

Ramey & Schwaller is looking for a litigation attorney with 3-5 years of litigation experience in federal court. The full-time, permanent position, located in Houston, TX, will be handling cases from cradle to grave. This is a fun, very active position with immediate exposure to all aspects of patent litigation.

Litigation 116

Litigation Patent Intellectual Property IP 116

TorrentFreak

NOVEMBER 30, 2021

While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that infringing sites show up in search results has become a source of frustration and Google has been asked to “do more” on several occasions. In recent years the search engine has stepped up its anti-piracy game significantly.

Copying 144

Copying Copyright Government IP 144

IPilogue

DECEMBER 2, 2021

Christian Bekking is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. On June 28, 2021, the College of Patent Agents and Trademark Agents (CPATA) was established and began operating to regulate patent and trademark agents.

Government 111

Government Trademark Patent Intellectual Property Law 111

Kluwer Copyright Blog

NOVEMBER 29, 2021

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The transposition deadline has now passed. As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD). Indeed, countries lagging behind might face infringement proceedings.

Cease and Desist 110

Cease and Desist Copyright Government Publishing 110

IP Watchdog

NOVEMBER 29, 2021

IPWatchdog has been told that Kathi Vidal, who is President Biden’s nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), will have her confirmation hearing on Wednesday, December 1. As of the time of publication, the Senate Judiciary Committee, to which the Vidal nomination has been referred, lists a confirmation hearing for the full Committee at 10am on December 1, but provides no additional information.

Intellectual Property 116

Intellectual Property Patent Trademark Inventor 116

TorrentFreak

DECEMBER 3, 2021

Popular stream-ripping site Yout.com has fought legal disputes around the world , with mixed results. Most recently the site and its operator Johnathan Nader became the target of a criminal prosecution in Brazil , which resulted in the site being blocked. Yout.com vs. RIAA. Meanwhile, in the United States, Yout is also engaged in a legal dispute that could potentially eclipse all previous rulings.

Copying 133

Copying Music Technology Copyright 133

Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. The removal of any registered trademark from the register of trademarks based on the non-use of the trademark during a specified period concerning the goods or products specified in the Trademark Application is termed as trademark non-use cancellation.

Trademark 105

Trademark Registering Trademarks Registration Intellectual Property 105

SpicyIP

NOVEMBER 29, 2021

We’re pleased to bring to you a post by Niharika Salar. Niharika is an Assistant Professor at the NALSAR University of Law, Hyderabad. Is it Kurta? Is it a Kaftaan? It’s GUCCI: Why GUCCI May Not be Accountable This Time Too. Image from here. A few months ago, Gucci was found selling a peculiar outfit named “organic linen kaftan”. Following this incident, news of Zara selling lungi as ‘check mini skirt’ a few years ago had resurfaced on social media.

Intellectual Property 107

Intellectual Property Journalism Designs Design 107

IP Watchdog

NOVEMBER 30, 2021

The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description. Judge O’Malley dissented, arguing that the district court clearly erred in its finding that Biogen was judicially estopped from drawing a distinction between clinical and therapeutic effect, and that the entire analysis “might well change” if the case was remanded “f

Patent 116

Patent Patent Prosecution Patent Infringement Litigation 116

TorrentFreak

DECEMBER 2, 2021

Over the years and due to their popularity and resilience, a number of pirate sites have become household names. The Pirate Bay is perhaps the most obvious example in the torrent space along with competitors RARBG and 1337x. In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify.

Advertising 132

Advertising Advertising Copying Copyright Infringement 132

Copyright Alliance

NOVEMBER 30, 2021

Native American people comprise a vibrant, rich, and diverse culture that stretches back more than 15,000 years. In honor of Native American History Month, our goal during the month of […]. The post Native American Heritage Month: Honoring a Diverse Culture appeared first on Copyright Alliance.

Copyright 102

Copyright 102

JD Supra Law

DECEMBER 2, 2021

Five months into the NCAA interim policy allowing amateur athletes to profit from their name, image, and likeness, here is what institutions, athletes, parents, personal representatives, and brands need to know.

Branding 101

Branding Branding Brands 101

IP Watchdog

NOVEMBER 30, 2021

Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. These Guidelines instruct European patent examiners (and the public) on how the patent prosecution process works—much like the United States Patent and Trademark Office’s (USPTO’s) Manual of Patent Examining Procedure.

Litigation 108

Litigation Patent Prosecution Patent Patent Application 108

TorrentFreak

NOVEMBER 29, 2021

A small minority of gamers have the urge to artificially boost their skills and egos by using hacks and cheats. These players generally ruin the fun for the rest, which is a serious concern for game companies. To address this issue, several game companies including Take-Two Interactive and Epic Games , have taken cheaters to court. More recently, American video game developer Bungie joined in on the action.

Settlement 132

Settlement Copying Copyright Trademark 132

The TTABlog

NOVEMBER 29, 2021

In connection with his latest presentation at the recent INTA Annual Meeting, Ted Davis offered his " Annual Review of U.S. Federal Case Law and TTAB Developments." Thank you, Ted, for permitting me to post this link. Ted Davis As a companion piece to my presentation, here is a link to my outline of CAFC and TTAB decisions for the past 14 months. Read comments and post your comment here.

Law 139

Law Copyright 139

JD Supra Law

DECEMBER 2, 2021

Companies spend billions and invest heavily in technologies that offer greater telepresence and enable an individual’s digital life. Will humans interact with each other via avatars in a three-dimensional virtual space? The “Metaverse” has ramifications for everything people do to live, work and play together digitally. Originally published in IP Watchdog - December 1, 2021.

Publishing 101

Publishing IP Technology 101

Technology & Marketing Law Blog

NOVEMBER 27, 2021

[I did an interview for a student research project on emojis as evidence, which I’m sharing here.]. Tell us a little bit about yourself! What do you work with today? What’s your background and how did you get the role that you have today? How did you get into the subject of emojis and law? I have been writing about and researching Internet Law for over 25 years.

Litigation 107

Litigation Law Technology Blogging 107

TorrentFreak

NOVEMBER 29, 2021

Ever since it’s been technically possible to distribute pirated copies of movies and TV shows online, the Motion Picture Association has been attempting to stop it. From the earliest torrent sites, through to file-hosting and streaming platforms, the Hollywood group has been developing strategies to counter the latest threats, something that has resulted in countless shutdowns, civil copyright complaints, and even criminal trials.

Copyright Infringement 129

Copyright Infringement Social Media Reporting Television 129

Velocity of Content

DECEMBER 2, 2021

In August, Information Media Partners released its annual “Publishing Technology Report,” authored by Michael Cairns. CCC was among the companies and services covered in this report. As a fan of Massachusetts’ own MBTA , I especially liked the updated version of the “subway map,” an infographic based on the idea of depicting the solutions marketplace as a series of interconnected stops in a transportation network.

Publishing 98

Publishing Reporting Technology Marketing 98