Plagiarism Today
APRIL 5, 2022
When it comes to copyright, the photography space has been especially fraught with litigation and legal threats over the past decade plus. Getty Images, along with several other stock photography companies, engaged in a massive copyright campaign that began in the 2000s. The campaign was so prevalent that, in April 2011, Getty Images purchased the image location service PicScout. .
Hugh Stephens Blog
APRIL 4, 2022
People who are really into flags are known as vexillologists, a rather specialized field that studies the history, symbolism and usage of flags. If the papers offered at the periodic International Congress of Vexillology are any guide, then many things attract the attention of flag scholars, such as “The Flags of Bulgarian Municipalities”, “The Flags … Continue reading "Flagging Copyright Concerns: Vexillologists Take Note?
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Erik K Pelton
APRIL 7, 2022
This trademark scammer has recently moved addresses to 2058 County Line Road #113, Huntingdon Valley, PA 19006. But the scam is the same — warning about trademark registration renewal deadlines with false information long before renewal can be filed. Sadly, this scammer has been operating for several years without law enforcement shutting it down.
Michael Geist
APRIL 7, 2022
Bill C-18, the Online News Act , is less than 48 hours old, but the more you examine the bill, the worse it gets. My previous posts unpacked why the general policy is bad for press independence and competition as well as why the bill features a misguided attempt to require payments for links. Yet the bill requires an even deeper look since it goes far beyond “compensating journalists when they use their content” (as Prime Minister Justin Trudeau said yesterday in the House of Commons
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
APRIL 7, 2022
The case of Furnituredealer.net (FDN) versus Amazon and Coaster Company of America (CCA) is a fairly pedestrian one. . It deals with whether Amazon and/or CCA infringed FDN’s copyrights by scraping descriptions from their website for use as part of Amazon’s product listings. However, the case itself may depend on a question completely unrelated to any of defendant’s alleged actions.
TorrentFreak
APRIL 7, 2022
For many seasoned BitTorrent users, 1337x.to is a familiar name. The site has been around for fifteen years and is a home to many reputable uploaders. Over the years 1337x has steadily climbed through the ranks. With millions of daily visits, it is one of the most popular torrent sites , trailing only behind YTS.mx and The Pirate Bay. At the time of writing, the site is hard to reach though.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Copyright Alliance
APRIL 5, 2022
In the month of March, the U.S. Copyright Office published several final rules related to the copyright small claims court while various U.S. courts weighed in on several closely watched […]. The post March 2022 Roundup of Copyright News appeared first on Copyright Alliance.
Plagiarism Today
APRIL 4, 2022
Why is it acceptable for a celebrity to use a ghostwriter when creating their autobiography, but not acceptable when a fiction novelist does the same? . Why is it acceptable for Carolyn Keene to be a pseudonym for over a dozen authors penning Nancy Drew stories, but not ok for Cristiane Serruya to use ghostwriters when producing books with her name (outside the fact the books were plagiarized from other sources).
TorrentFreak
APRIL 5, 2022
Following the example of the United States, the EU started publishing its very own piracy watchlist a few years ago. This ‘Counterfeit and Piracy Watch List’ is put together by the European Commission. As in the US, it relies on stakeholder groups to nominate several problematic sites and services for inclusion. The third iteration of the EU watchlist will be published towards the end of the year and several interested parties have already submitted their nominations.
Erik K Pelton
APRIL 4, 2022
The following is an edited transcript of my video The 5 Most Common Trademark Application Mistakes and How to Fix Them. In addition to filing many, many trademark applications on our own here at Erik Pelton & Associates for our clients, we also frequently get calls from other applicants who filed on their own, or other attorneys who aren’t trademark experts who filed and need assistance.
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The IPKat
APRIL 8, 2022
Merpel will be also spending the weekend shopping for (stiletto heel) shoes Last year The IPKat reported on a new referral to the Court of Justice of European Union (CJEU) from Luxembourg’s Tribunal d’arrondissement, asking whether the operator of a hybrid marketplace could be considered directly liable for trade mark infringement due to the presence of third-party listings of infringing goods on its platform.
Plagiarism Today
APRIL 4, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Damon Dash Loses $805K Copyright Infringement Lawsuit. First off today, Preezy Brown at Vibe reports that Damon Dash has been ordered to pay over $800,000 in damages over the movie Dear Frank and allegations that Dash was attempting to shop the film around without the permission of the rightsholders.
TorrentFreak
APRIL 5, 2022
While historical and geopolitical ambitions sit at the heart of the war in Ukraine, cynical disinformation and denial of knowledge allowed it to happen and now fuel its momentum. When used responsibly, the internet should provide mechanisms to counter these evils. In Russia, however, the state has decided that only its narrative is correct and anyone stating otherwise faces website blocking and up to 15 years in prison.
IP Watchdog
APRIL 5, 2022
The U.S. Senate confirmed Kathi Vidal as the next U.S. Patent and Trademark Office (USPTO) Director Tuesday night in a voice vote. Vidal’s confirmation comes after more than one year with no Senate-confirmed Director or Acting Director at the agency. Drew Hirshfeld has been operating under the title of “Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” since January 2021.
The IPKat
APRIL 8, 2022
This Kat has never been much into vampire lore, although our youngest did convince his parents to purchase the full set of episodes for Buffy, the Vampire Slayer. Vampires have been accused of many things over the centuries. But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. Last month marked one hundred years since the first screening in Berlin of the iconic vampire movie — Nosferatu: A Symphony of Horror.
Plagiarism Today
APRIL 6, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ed Sheeran Wins Shape of You Copyright Case and Hits Out at ‘Baseless’ Claims. First off today, the BBC reports that Ed Sheeran has emerged victorious in his lawsuit over the song Shape of You after a judge ruled that his song was not an infringement. The lawsuit was filed by Sami Chokri, who claimed that Shape of You was an infringement of his earlier song Oh Why.
TorrentFreak
APRIL 6, 2022
With 70 million users and over 200 million code repositories, GitHub is the largest online developer platform of its kind. The site is used by individual coders and large organizations to host visually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. While most projects are perfectly legitimate, there are some that attract negative attention.
IP Watchdog
APRIL 4, 2022
On April 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a summary judgment decision by the U.S. District Court for the Western District of Washington in an infringement suit brought by Genuine Enabling Technology (Genuine) against Nintendo Company and Nintendo of America (collectively “Nintendo”) for allegedly infringing certain claims of Genuine’s U.S.
The IPKat
APRIL 6, 2022
Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Functional and epitope antibody claims can capture a whole class ("genus") of antibody therapeutics, whereas sequence claim language captures a far narrower field molecules. A recent Board of Appeal decision confirmed that genus antibody claims are not only allowable, but when put to the test, can survive appeal ( T 1964/18 ).
Plagiarism Today
APRIL 5, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge’s Ruling Due in Ed Sheeran and Sami Switch Copyright Row Over Shape Of You. First off today, Kent Online reports that the judge in the Ed Sheeran case has announced that he will be handing down his ruling in the closely-watched case tomorrow. The case was filed by artist Sami Chokri, who accuses Sheeran of copying his hit song Shape of You from his earlier track Oh Why.
TorrentFreak
APRIL 7, 2022
Last month persons unknown began sending DMCA takedown notices to YouTube, claiming that videos uploaded by Destiny content creators infringed Bungie’s copyrights. YouTube responded by removing the videos, including some that had been uploaded by high-profile creators and others that appeared on Bungie’s own channels. With the finger of blame pointing at Bungie, the company began an investigation to discover the truth.
IP Watchdog
APRIL 5, 2022
On Friday, April 1, Senator Thom Tillis (R-NC) wrote to the Food and Drug Administration (FDA) and the U.S. Patent and Trademark Office (USPTO) to once again voice his concerns about several sources advancing data on the effects of pharmaceutical patents on drug pricing. Tillis is specifically troubled that the data seems to be based on opaque methodologies and to contain inaccurate or incomplete information that may mislead policymakers.
Managing IP
APRIL 8, 2022
We hosted the first instalment of the 17th annual Managing IP Awards to celebrate remarkable IP achievements by law firms and in-house teams in the Americas region
Plagiarism Today
APRIL 7, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Office Launches New Copyright Claims Board Website. First off today, a release by the U.S. Copyright Office announces that the Copyright Claims Board (CCB) has launched its new website, ccb.gov. The CCB became a reality in December 2020 when the U.S. government passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act).
TorrentFreak
APRIL 4, 2022
Individuals and business entities involved in the sale of pirate IPTV services in the UK can often turn a significant profit from customers looking for a cheap entertainment fix. The secret to longevity, aside from maintaining a reliable service at a reasonable price, is to avoid the negative attention of rightsholders, broadcasters and anti-piracy groups.
IP Watchdog
APRIL 7, 2022
Every night for the last six weeks, the world has seen images and videos of the Russian military laying waste to Ukraine in what can only fairly be characterized as a medieval campaign of destruction. The Russian military has annihilated entire cities, targeted civilians, murdered women and children, and is preventing the American Red Cross from delivering food and medical supplies to civilians trapped and unable to escape.
The IPKat
APRIL 4, 2022
Following on quickly from the controversial Board of Appeal decision T 1989/18 , in which t he description amendment requirement was found to lack legal basis, comes another Board of Appeal decision concluding the opposite. T 1024/18 is an appeal decision revoking EP 2609899 on the grounds that an amended description had not been filed with the allowable amended claims on appeal.
IPilogue
APRIL 4, 2022
Roxana Olivera is an award-winning investigative journalist based in Toronto. This article was originally published online on 28 March 2022 on New Internationalist and will be included in their March-April 2022 publication. Somewhere out there, there is an old photograph of a very young child standing completely naked, showing the marked signs of a most unusual medical condition.
TorrentFreak
APRIL 8, 2022
With over 200 million code repositories, GitHub takes prides in being the largest and most advanced development platform in the world. As with other platforms that host user-generated content, this massive code library occasionally runs into copyright infringement troubles. In some cases, people use code without permission from the creators, while others use GitHub to store pirated books or even music.
IP Watchdog
APRIL 6, 2022
On April 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Littelfuse, Inc. v. Mersen USA EP Corp. clarifying how U.S. district courts handling claim construction are to construe a patent’s independent claims in light of limitations included in dependent claims. While the Federal Circuit found that the District of Massachusetts was correct to give meaning to the term “fastening stem” by looking to uses of “fastening” and “stem” within the patent, the a
Patently-O
APRIL 3, 2022
by Dennis Crouch. Andy Warhol Foundation v. Goldsmith (Supreme Court 2022). Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. In the 1980s, Warhol created a set of silkscreens of the musician Prince. Prince did not personally model for the prints. Rather, Warhol worked from a set of studio photographs by Lynn Goldsmith.
Technology & Marketing Law Blog
APRIL 6, 2022
This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request to dismiss McGucken’s claim for direct infringement, although it dismissed plaintiff’s other claims.
TorrentFreak
APRIL 3, 2022
Adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The Los Angeles 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.
IP Watchdog
APRIL 7, 2022
The LeadershIP 2022 Conference, for which IPWatchdog was a partner, took place earlier this week in Washington, DC, and featured leaders in U.S. government and intellectual property (IP) discussing the way that IP policies interact with and impact national security issues. The overarching sentiment from panelists was that all three branches of U.S. government are failing to prioritize a strong IP system, which could result in the United States falling behind as an innovation leader, to the benef
SpicyIP
APRIL 4, 2022
A bottle of Rooh Afza and the text “only Rooh Afza’s got the taste of royalty” Image from here. In January, the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’.
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