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On Friday, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the “Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 , better known as the SMART Copyright Act. The act aims to reform the relationship between online service providers and content creators by promoting the use of “standard technological measures” that would, theoretically, help prevent infringing material from being reuploaded to the service after it is removed.
The risks can be very significant. Searching provides the applicant with knowledge, data, and therefore impacts strategies and decisions. The failure to search for potential conflicts can be fatal to an application. More about searching trademarks: The post What is the risk of not properly searching before filing a trademark application? appeared first on Erik M Pelton & Associates, PLLC.
After Russia invaded Ukraine on February 24, 2022, it became clear that the conflict would result in devastating loss of life with implications for the whole planet. As countries around the world implemented the broadest sanctions regime in history against Russia, entire nations and their industries prepared for the aftershocks and entertainment was no exception.
Twitter suspended Huber pursuant to its COVID misinformation policy. Huber claimed that Twitter took that action in league with the Biden administration. If this setup sounds familiar, that’s because at least a dozen cases riff on this theme. This case had two minor twists. First, this wasn’t a typical pro se suit; actual licensed lawyers were involved.
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?
Yesterday, an article by Clark Kauffman at the Iowa Capital Dispatch , looked at the case of Gayle Pohl, a tenured professor of public relations at the University of Northern Iowa (UNI). . Pohl is suing her school claiming it unfairly disciplined her over allegations of plagiarism and that the process the school used to reach its conclusions was full of bias against her.
The following is an edited transcript of my video How to Water Your Brand for Growth. Do you have a green thumb and are good at gardening, growing vegetables, taking care of plants? I wish that I did, but I do not – I have probably killed as many plants around the house over the years as I have cared for. But I am trying to improve, and actually in the last year or so, we revived a plant at the office that came from a very special friend who had passed away, and the plant was not doing wel
Since 2017, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has filed more than 70 DMCA subpoena applications in the United States. When taken at face value, they all tell a straightforward story. Someone on the internet has breached Watch Tower’s copyrights and, as a result, their true names and addresses should be handed over so that the group can seek remedy for infringement.
Since 2017, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has filed more than 70 DMCA subpoena applications in the United States. When taken at face value, they all tell a straightforward story. Someone on the internet has breached Watch Tower’s copyrights and, as a result, their true names and addresses should be handed over so that the group can seek remedy for infringement.
This case involves Daystar TV Network, “an evangelical Christian-based television network.” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. Vimeo’s AUP banned content that “makes false or misleading claims about vaccination safety.” Vimeo flagged, and ultimately deleted, 5 Daystar videos that claimed “a causal link between vaccines and childhood autism.R
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Louis Vuitton Loses Copyright Infringement Battle, Le Canard Enchaîné Reports. First off today, Laure Guilbault at Vogue Business reports that the French court of appeal has ordered Louis Vuitton to pay designer Jocelyn Imbert €900,000 ($990,000) for infringing a lock design that she created.
The European Intellectual Property Office (EUIPO) recently published a deep dive report, titled Study on the Impact of Artificial Intelligence on the Infringement and Enforcement of Copyright and Designs. The report is a product of the Impact of Technology Expert Group, which was established in early 2019. They followed an approach based on Lawrence Lessig’s ‘Code and Other Laws of Cyberspace’ also known as the Code Theory.
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 the RIAA, which represented several prominent music companies. Following this win, the RIAA demanded $83 million in damages for the widespread copyright infringement that allegedly took place through the sites.
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.
In response to the ongoing military aggression against Ukraine, the European Patent Office (EPO) has issued a notice relating to provisions allowing for deadline extensions in view of the conflict. The notice accompanies strongly worded expressions of solidarity with Ukraine from patent offices and organisations across Europe, as well as donations of practical assistance.
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Lizzo Settles Truth Hurts Copyright Battle with Former Collaborators. First off today, Chris Cooke at Complete Music Update reports that Lizzo has reached a settlement with her former collaborators over her hit song Truth Hurts. The lawsuit was filed by Justin Raisen, Jeremiah Raisen and Justin ‘Yves’ Rothman.
Thirty percent of respondents to a survey of applicants using the U.S. Patent and Trademark Office’s (USPTO’s) Patent Pro Bono Program (PPBP) were African American or Black and 41% were female, according to the latest USPTO Director’s Blog. The demographic data were collected voluntarily in 2021from the 21 regional programs that administer the PPBP as part of the broader goal of diversifying the patent system.
A group of independent film companies has taken the issue of piracy liability to a new level over the past year. After pursuing lawsuits against file-sharers, pirate site operators, and app developers, they started going after VPN providers and their hosting companies. This strategy has resulted in a few settlement agreements already. VPN providers Torguard , VPN Unlimited , and VPN.ht all agreed to block torrent traffic on U.S. servers.
In late December, New York Governor Kathy Hochul vetoed the state’s library ebook bill, acknowledging that the law would be preempted by the Copyright Act. In mid-February, a district court in the State of Maryland, responding to a lawsuit filed by the Association of American Publishers (AAP), ordered a preliminary injunction suspending that state’s ebook […].
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Senators Introduce SMART Copyright Act of 2022. First off today, Buddy Iahn at The Music Universe reports that U.S. Senators Thom Tillis and Patrick Leahy have introduced the SMART Copyright Act, a bipartisan bill that aims to reform the notice and takedown system.
On September 11, 2018, following an investigation and referral by the Federation Against Copyright Theft, two people were arrested in connection with the unauthorized streaming of TV broadcasts. Officers from Hampshire County Council’s Trading Standards unit assisted by local police executed a warrant at an address in Bursledon, Hampshire, close to the city of Southampton.
In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. Are major brands are dropping NFTs? The answer might surprise you. Most of the major brands in the world have either dropped an NFT, are experimenting with NFTs or have an NFT project on the project list in the marketing department.
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ed Sheeran Awaits Verdict Over Copyright Court Battle. First off today, The Associated Press reports that Ed Sheeran’s 11-day trial over the song Shape of You has concluded, and both sides are currently awaiting the ruling. The case was filed in the UK by Sami Chokri, who accuses Sheenan and his co-writers or infringing his 2015 song Oh Why.
This case involves the high-fiber diet system “F-Factor,” developed by dietitian Tanya Zuckerbrot. Emily Gellis is an Instagram influencer currently with 182k followers, but no training as a dietitian or journalist. Gellis believed that F-Factor harmed consumers, a message she delivered in 4,500 posts over 75 days. Some of Gellis’ posts republished material submitted by readers, such as first-hand testimonials about the problems they allegedly experienced with the F-Factor diet
Earlier this year, we noticed that Google had removed several popular pirate sites from its search results. In the Netherlands, for example, The Pirate Bay and many of its mirrors and proxies were delisted by Google in response to a notice sent by local anti-piracy group BREIN. Later, we learned that similar requests were being sent to Google by movie company representatives in other countries.
As an update to my posts from 2017, 2019, 2020, March 2021, and August 2021, it has now been 93 months since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros.
Earlier this month, we took a look at the story of Paul McCrory , an Australian researcher and scientist with an expertise in the field of concussions and traumatic brain injury. . At the time, McCrory was facing allegations of plagiarism in a letter that he published while he was an editor at the British Journal of Sports Medicine (BJSM). The allegations were originally made by UK professor and researcher Steve Haake, who published his findings in a guest post at Retraction Watch.
Photo by Chris K ( Pexels ). Andrew Masson is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. . After a year and a half, the Washington Football Team has recently released their new team name : the Washington Commanders. The Washington Commanders stopped using their team name of 87 years at the end of the 2019-2020 season as it was considered an offensive Indigenous slur.
Today, we will stop offering the option to comment on articles. This is a tough decision that has been discussed internally for some time. We are thankful for all the insightful and helpful responses that many readers have provided over the years, they often gave us inspiration and encouragement to press ahead. Sadly, however, increasing ‘noise’ in more recent times ran counter to community spirit and productive discussion, not to mention our core mission and beliefs.
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied VoIP-Pal.com, Inc.’s petition for a writ of mandamus asking it to direct a California district court to vacate its decision in favor of Twitter, Inc. The U.S. District Court for the Northern District of California issued an order on November 2, 2021, refusing to grant VoIP-Pal’s motion to dismiss Twitter’s request for a declaratory judgment that its products do not infringe VoIP-Pal’s U.S.
The plaintiff posted videos to YouTube. It claims that TV-Novosti, which runs the RT Arabic channel, infringed its copyrights. The plaintiff sent takedown notices to YouTube for the allegedly infringing RT Arabic videos. “YouTube removed the First RT Video nine days after it received Business Casual’s complaint; the Second RT Video twenty-three days after it received Business Casual’s complaint; and the Third RT Video three days after it received Business Casual’s complaint.” RT Arab
Sources at Lenovo, Western Digital, BD and Pure Storage reveal the strategies that have worked best to increase representation of women on their companies’ patents
Every day millions of people use YouTube rippers, tools that are often used to download music for free. The music industry is not happy with these services. Stream-ripping is viewed as the largest piracy problem, one that’s more serious than those posed by torrent sites and direct download portals. In response to this threat, the RIAA and its members have taken legal steps to shut down sites or have them blocked by Internet providers.
On March 16, the United States District Court for the Eastern District of Texas Marshall Division adopted the Report and Recommendation (R&R) of a magistrate judge and granted two motions of non-infringement for Simon Property Group L.P. (Simon) and Blackhawk Network, Inc. (Blackhawk). AlexSam, Inc. filed suit for patent infringement against Simon and Blackhawk, alleging infringement of U.S.
Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion. This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. Among other things, plaintiffs complained that defendant used plaintiffs’ likenesses to drive traffic and sell subscriptions to paid searches.
There is a lot of information available on the USPTO website when reviewing the records for a trademark application or registration. However, there is also a lot hidden that you can’t see. In this episode, Erik reveals what’s hidden behind the curtains. The post Trademark Applications: What You See vs. What You Don’t appeared first on Erik M Pelton & Associates, PLLC.
TikTok, the Chinese social media giant, is the world’s fastest growing brand, up 215% over 2021, according to BrandFinance, a firm that rates the Global Continue reading.
Senators Thom Tillis (R-NC), Tom Cotton (R-AR) and Marsha Blackburn (R-TN) sent a letter yesterday to Secretary of Commerce Gina Raimondo expressing their “grave concerns” with the compromise language agreed on recently in the ongoing talks to waive intellectual property rights for COVID-related technology under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
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