Plagiarism Today
SEPTEMBER 27, 2021
In September last year, UK comedian Kae Kurd took to the stage on Jonathan Ross’ Comedy Club to perform a short routine in front of a national audience. As part of that routine , Kurd told a joke about a smart refrigerator that was texting and annoying him while he was out with his friends. That particular joke caught the attention of another UK comedian, Darius Davies, who felt that the joke was very similar to his work.
Erik K Pelton
SEPTEMBER 27, 2021
I recently co-wrote and article with Olivia Muller about the never ending threat of trademark scams. In the article we detail the scams and how they operate and what they look like, we discuss what is being done about them, and we propose some additional measures that could help defeat them. “Such scams can potentially cause businesses to waste thousands of dollars, which can be financially fatal for smaller operations.
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TorrentFreak
OCTOBER 1, 2021
This week the “No Time to Die” premiered in movie theaters around the world. A few countries have to wait a bit longer for the latest Bond movie. These include the US, Russia, and France which have a week delay. In Australia, Bond fans will have to be even more patient for the planned mid-November premiere. This staggered release schedule isn’t uncommon.
IP Watchdog
SEPTEMBER 29, 2021
The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.
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
SEPTEMBER 28, 2021
From PokerPaint Websote. On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. The site, at that time, was fairly well known in the poker community. Famous for its expressionist renderings of various poker players, the site and its artist, Brett Butz, sold not only completed works but offered commissioned pieces that were popular among poker players.
Erik K Pelton
SEPTEMBER 30, 2021
The following is an edited transcript of my video, Is Your Brand Seaworthy? Is your brand seaworthy? You’ll see what I’m talking about with my comparison of trademark and brand protection to a strong ship navigating the ocean waters. To be seaworthy is important for a boat miles from shore in deep waters, with wind and waves and who knows what underneath it, whales, dolphins, other creatures.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
SEPTEMBER 28, 2021
[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a reasonable time before the hearing, so that we can properly analyze them on a non-rush basis, and clearly marked as the discussion version so that we’re not confused by which version is actually the current text.].
Plagiarism Today
SEPTEMBER 30, 2021
Nick Viall is a celebrity best known for his multitude of appearances on reality TV shows including Dancing with the Stars , two seasons of The Bachelorette and one as the star of The Bachelor. More recently, he’s been working on his podcast, the Viall Files and enjoying time with his girlfriend, Natalie Joy. Earlier this week, Viall celebrated his birthday and Joy posted a photo of the couple on her Instagram to help commemorate the day.
The Trichordist
SEPTEMBER 28, 2021
For seven months, The MLC has sat on $424 Million of songwriters' money. Songwriters ask, "Where's My Money?".
TorrentFreak
SEPTEMBER 28, 2021
Over the past several years, Russia has introduced various anti-piracy laws and regulations. Pirate sites can be blocked through court orders, app stores have to take strict action against ‘pirate’ apps , search engines must swiftly block pirate sites, and even VPN services and proxies can be banned. The measures go far beyond what we see in most other countries but, according to US copyright holders, these still don’t go far enough.
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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.
WIPO Magazine
SEPTEMBER 28, 2021
In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.
Plagiarism Today
SEPTEMBER 30, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cox Wants to See Evidence in Majors V Charter Copyright Case in Ongoing Bid to Overturn Billion Dollar Judgement. First off today, Chris Cooke at Complete Music Update reports that Cox is appealing the $1 billion judgment against it to the Fourth Circuit and, as part of its strategy there, is attempting to cast doubt on the evidence against it.
IP Watchdog
SEPTEMBER 29, 2021
While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling. Much of the time, it seems the Federal Circuit is using this extraordinary remedy to control the docket of Judge Alan Albright of the Western District of Texas, ordering him to transfer cases.
TorrentFreak
SEPTEMBER 30, 2021
In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements. Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., but in recent years this activity ground to a halt.
The IPKat
SEPTEMBER 27, 2021
This is a review of The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution by Laura R. Ford - Assistant Professor of Sociology at Bard College, New York. In this book, Laura Ford draws on macro-historical sociological theories, to trace the development of intellectual property from antiquity to the modern nation-state system, showing how this infrastructure of power emerged.
Plagiarism Today
SEPTEMBER 27, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Marvel Sues to Prevent Losing Copyrights to ‘Avengers’ Characters. First off today, Tin Baysinger at The Wrap reports that Marvel has filed a series of five lawsuits that challenge the copyright termination notices filed by heirs of famed creator Stan Lee in hopes of retaining the rights to some of its most popular characters.
SpicyIP
SEPTEMBER 29, 2021
We’re pleased to inform you that the DPIIT IPR Chair of Inter University Centre for Intellectual Property Rights Studies at the Cochin University of Science and Technology (CUSAT) is organizing a four day webinar on “ Digital Sequence Information(DSI)- Implications on Access and Benefit Sharing ” from October 4-7 2021. For further details, please read the announcement below.
TorrentFreak
SEPTEMBER 27, 2021
Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came three years ago when the Internet provider lost its legal battle against a group of major record labels. $1 Billion Verdict. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages.
The IPKat
SEPTEMBER 26, 2021
Readers will no doubt be aware of the recent UK Economics of Music Streaming Inquiry by the Digital Culture Media and Sport Committee [ Katposts here ], which investigated the impact of music streaming on artists remuneration, as well as other issues around the fairness and sustainability of the wider music industry. Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract
Plagiarism Today
SEPTEMBER 28, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Roblox, Music Publishers Settle Copyright Licensing Dispute. First off today, Blake Brittain at Reuters reports that Roblox has settled its lawsuit with the National Music Publishers’ Association (NMPA) over Roblox’s alleged use of music in its service without proper licenses.
Technology & Marketing Law Blog
SEPTEMBER 27, 2021
A 3-judge panel has issued its third opinion in Domen v. Vimeo, a lawsuit alleging that Vimeo committed unlawful discrimination by terminating his account. How does an appellate panel reach a third opinion in the same case? It issued its original opinion , substantially revamped the opinion following a rehearing request, and then substantially revamped the revamped opinion again following another rehearing request.
TorrentFreak
SEPTEMBER 25, 2021
For well over a decade, copyright holders have been obtaining injunctions around the world to have copyright-infringing sites blocked by Internet service providers. The belief is that when users are presented with this roadblock, they will be more likely to turn to licensed services instead. At the time of writing, more than 40 countries either have blocking measures in place or are required to implement them.
IP Watchdog
SEPTEMBER 30, 2021
Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic. As reported previously, the bill would essentially end discretionary denial practice under precedential Patent Trial and Appeal Board (PTAB) cases such as Apple Inc.
SpicyIP
SEPTEMBER 26, 2021
Logo of Meher Distilleries (Image from here ). A few months back, a Single Judge bench of the Bombay High Court delivered what has now been revealed to be a very problematic decision on deceptive similarity in alcoholic beverage trademarks. Brought to light upon being set aside by the Division Bench, this decision rendered findings that threatened to set dangerous precedents on what constitutes a trademark, and how deceptive similarity is evaluated.
Technology & Marketing Law Blog
SEPTEMBER 25, 2021
Amyiah Cohoon is a high schooler in central Wisconsin. In March 2020, she contracted a respiratory illness. A COVID test came back negative, but the doctor told her it may be a false negative and told her to quarantine. She posted on Instagram that she had COVID. Unsurprisingly, her posts prompted consternation in her local community because, at the time, her county had no officially reported COVID cases.
TorrentFreak
SEPTEMBER 30, 2021
Earlier this year Texas-based model Deniece Waidhofer sued Thothub for copyright infringement after the site’s users posted many of her ‘exclusive’ photos. While Cloudflare isn’t new to copyright infringement allegations, this case has proven to be more than a nuisance. The company previously countered the claims with a motion to dismiss but Waidhofer and her legal team didn’t back off.
IP Watchdog
SEPTEMBER 30, 2021
In 2015, I spotted what I thought might be an emerging technology: deep learning. Because of my engineering education, I was able to go up the “deep learning” curve. The term “deep learning” is the current name for a “deep neural network,” which was previously called a “multi-layer neural network.” While our organic brains are filled with approximately 86 billion neurons, the “deep learning” quest was built on mathematics and Graphics Processing Units (GPUs).
Velocity of Content
SEPTEMBER 28, 2021
In our latest Q&A, we catch up with Ana Dominguez Perez , a Senior Engineer, who works in Guadiaro, Spain. DD: Hi, Ana! Please tell us a little bit about your professional background. You’re working in Guadiaro, Andalusia, Spain, I believe? I don’t know much about that city or region, although Mrs. Davis and I did visit Córdoba a few years ago. It’s full of historical sites, I know that.
SpicyIP
SEPTEMBER 26, 2021
AS?VA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity. Logo of Meher Distilleries (Image from here ). In this post , Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR AS?VA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order.
TorrentFreak
SEPTEMBER 29, 2021
For the past several years, major cybersecurity company Group-IB has been at the forefront of anti-piracy enforcement in Russia. In early 2019, the company was the first to report in detail on so-called ‘pirate CDNs’, specialist content delivery systems that service huge numbers of pirate streaming sites with tens of thousands of movies and TV shows plus supporting artwork and descriptions.
IP Watchdog
SEPTEMBER 27, 2021
On Friday, September 24, the United States Court of Appeals for the Federal Circuit (CAFC) granted Juniper Networks, Inc.’s petition for a writ of mandamus directing Judge Alan Albright of the United States District Court for the Western District of Texas (WD of TX) to transfer six actions to the United States District Court for the Northern District of California, holding that denying the motion to transfer constituted a legal error.
Managing IP
OCTOBER 1, 2021
In-house and private practice lawyers say Leahy’s attempt to strengthen the PTAB will probably succeed, but it is unclear whether all of his reforms will pass
Technology & Marketing Law Blog
SEPTEMBER 26, 2021
This is another entry in the genre of publicity rights cases against commercial databases vending information about people. Courts are struggling with how to analyze these cases, especially in the context of paywalled yearbook databases. This ruling turns into a pretty bad loss for Ancestry because it can’t rely on Section 230 or shake the publicity rights claim on a motion to dismiss.
TorrentFreak
OCTOBER 1, 2021
In April 2020, companies owned by Columbia, Amazon, Disney, Paramount, Warner, and Universal (all members of the Alliance for Creativity and Entertainment) filed a lawsuit in the US against the operators of Nitro TV. The complaint alleged that operator Alejandro “Alex” Galindo engaged in “massive and blatant infringement” of the plaintiffs’ copyrighted works.
Erik K Pelton
SEPTEMBER 28, 2021
There are many different mistakes that can affect a trademark application. Erik reveals the five most common mistakes applicants make and how to avoid them. The post The 5 Most Common Trademark Application Mistakes and How to Fix Them appeared first on Erik M Pelton & Associates, PLLC. There are many different mistakes that can affect a trademark application.
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