Plagiarism Today
MAY 9, 2022
Most mornings, right after I wake up, my morning tasks include gathering any copyright and/or plagiarism news stories that I can find on the internet. . I read pretty much all of them, some copyright-related ones go into the 3 Count column and other stories get set aside for additional research to become full posts on the site. It’s a ritual I’ve done nearly every weekday morning for over a decade.
Erik K Pelton
MAY 9, 2022
The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. And it’s one of my favorite topics to talk about because there’s so many exciting and interesting examples of different non-traditional trademarks.
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Technology & Marketing Law Blog
MAY 11, 2022
As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota House] The bill fits the “protect-the-kids” narrative that politicians champion during election years, but it’s counterproductive towards that purported goal.
TorrentFreak
MAY 8, 2022
Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was still relatively controversial at the start of the last decade but it’s increasingly being normalized.
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
MAY 11, 2022
On May 8, 2022, Duke University held its commencement ceremony, which included an address by graduating student Priya Parkash. . In that speech, she likened Duke University to its own country and said that she has been embracing her “Duke citizenship” over the past four years. She went on to compare Duke to a nation, saying that the school had its own unique landmarks, a large endowment and a tendency for citizens to proudly display their affiliation as they travel.
McKinsey Operations
MAY 12, 2022
The rapidly increasing uptake of electric vehicles could transform the automotive ecosystem and promote even greater innovations. For that to happen, two imperatives need attention now.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The Illusion of More
MAY 10, 2022
Copyright watchers were surprised when the Supreme Court granted Andy Warhol Foundation’s (AWF) petition for certiorari in its case against photographer Lynn Goldsmith. For deeper background, see older posts, but this is the dispute over Andy Warhol’s “Prince Series” silkscreen images of rock legend Prince made in 1984 using Goldsmith’s unpublished 1981 portrait photograph as […].
Plagiarism Today
MAY 10, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Xbox’s Online DRM Under Fire as Some Users left Unable to Play Games for 4th Day. First off today, Andy Robinson at VGC reports that Xbox’s digital rights management tools (DRM) are coming under fire as many legitimate customers find themselves unable to play their games over the past four days.
TorrentFreak
MAY 12, 2022
Disney is one of the best-known brands in the world and the owner of an impressive collection of movies and TV shows. New and old releases earn the company a healthy stream of revenue, both in movie theaters and through its own movie streaming service Disney+. While there is plenty of competition from other movie studios, Disney’s single biggest threat appears to be piracy.
Patently-O
MAY 13, 2022
by Dennis Crouch. Hyatt v. USPTO (Supreme Court 2022). Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT).
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IP Watchdog
MAY 13, 2022
On May 11, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the claim construction and decision of the United States District Court for the Central District of California to exclude evidence relating to damages but vacated its infringement determination and remanded a case alleging that Hulu, Inc. infringed Sound View Innovations, Inc.’s patent for data streaming technology.
Plagiarism Today
MAY 11, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sen. Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’. First off today, Gene Maddaus at Variety reports that Senator Josh Hawley has introduced a bill that aims to drastically rewrite copyright law in the United States, rolling back the term of copyright to just 28 years with the option for renewal for another 28.
TorrentFreak
MAY 12, 2022
Laws that attempt to deter copyright infringement by punishing pirate site operators exist in most developed countries around the world. Entities such as the Alliance for Creativity and Entertainment use them to take hundreds of sites and services offline, either through direct legal action or simply using the threat of it. But this is just one aspect of content protection and when pirates refuse to take their operations offline, additional tools can come into play.
The Trichordist
MAY 9, 2022
Many readers participated in the Physical and Download Mechanical Rates Survey that various organizations have sent to their members over the last few weeks. Here are the… Read more "Survey Results: Physical and Download Mechanical Rates Survey–Artist Rights Watch".
Hugh Stephens Blog
MAY 8, 2022
On April 28, with little advance notice, an announcement was released by various governments informing the world that they had just signed a “Declaration for the Future of the Internet”. In all, sixty-one countries signed this grandiose-sounding document, ranging from Albania to Uruguay. Signatories notably included the US, which was the sponsor of the Declaration, … Continue reading "The “Declaration for the Future of the Internet”: What Does it Mean for Copyright Industries?
Plagiarism Today
MAY 9, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Royalty Board Asked to Approve 32% Increase on Mechanical Royalties for Physical Products, Downloads. First off today, Shirley Halperin and Jem Aswad at Variety reports that the major record labels have teamed up with the National Music Publishers Association and the Nashville Songwriters Association International to petition the Copyright Royalty Board (CRB) to raise the mechanical royalty rate some 32%
IP Watchdog
MAY 12, 2022
The United States National Institutes of Health (NIH) signed a deal today with the World Health Organization’s COVID-19 Technology Access Pool (C-TAP) and the Medicines Patent Pool (MPP) that allows manufacturers greater access to key COVID-19 technologies owned by NIH. The licensing agreement offers 11 technologies under transparent, global and non-exclusive licenses.
JD Supra Law
MAY 13, 2022
In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the Australian Patents Act 1990 (the Act).
Greenspoon Marder LLP
MAY 12, 2022
By: Justin McNaughton and David Standa Last year, Congress began working on new legislation to combat the amount of counterfeit goods being sold through e-commerce sites. The so-called SHOP SAFE Act would impose responsibility on online retailers for establishing certain validation requirements for sellers, the penalty being holding e-commerce sites responsible for counterfeiting occurring on their sites.
SpicyIP
MAY 8, 2022
We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page.
IP Watchdog
MAY 9, 2022
An understanding of tax issues is increasingly important for trademark practitioners—and a new report by the International Trademark Association (INTA) focusing on the European Union, Switzerland and the United Kingdom aims to help them achieve that. The “Report on the Taxation of Trademarks and Complementary Rights in Europe” was unveiled at the 144th INTA Annual Meeting Live+, which was held in Washington, D.C. and online from April 30 to May 3.
IPilogue
MAY 12, 2022
Photo by Pineapple Supply Co. ( Unsplash ). Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Given the power of Apple’s brand, it is no surprise that they actively challenge trademarks that resemble their own to protect the dilution of their trademark. But this raises some key questions: Should Apple have the right to challenge all trademarks relating to an apple?
TorrentFreak
MAY 10, 2022
Adult entertainment outfit Malibu Media has often been characterized 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.
Erik K Pelton
MAY 10, 2022
Takeaways from the annual trademark conference, held in Washington, DC this month, including NFT’s and the metaverse, as well as the importance of people connections. The post What I learned at the 2022 INTA International Trademark Association Conference appeared first on Erik M Pelton & Associates, PLLC. Takeaways from the annual trademark conference, held in Washington, DC this month, including NFT’s and the metaverse, as well as the importance of people connections.
IP Watchdog
MAY 9, 2022
A large portion of the technology that we rely on daily—cell phones, computers, and the sensors and infrastructure that connect them, as well as an increasing percentage of drugs—is manufactured outside the United States, and in particular China. Indeed, over the past 25+ years the value of goods imported from China has increased ten-fold. Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U
Christopher Roser
MAY 10, 2022
Industry 4.0 is still a hot topic, even over ten years after the term was coined. Unfortunately, very often I find it to be much more hype than content. The examples where it actually worked well are few and far between, and the examples where not much was hyped as groundbreaking are way too frequent. Read more. The post The Problem of Industry 4.0: Data!
McKinsey Operations
MAY 13, 2022
Nature-based climate solutions in the world’s oceans can play an important role in conservation and carbon abatement efforts worldwide.
TorrentFreak
MAY 9, 2022
Tracking BitTorrent pirates is relatively easy since IP addresses are broadcasted publicly. With help from Internet providers, these addresses can then be linked to an account holder. ISPs don’t hand over this data voluntarily, however; they typically require a subpoena or court order to take action. In the United States, these subpoenas are obtained by filing a copyright complaint in federal court against a “John Doe” who’s known only by an IP address.
IP Watchdog
MAY 10, 2022
As horrifying images continue to flow from Ukraine, politicians in the United States and Europe find themselves increasingly pressured to expand economic sanctions against Russia. On April 6, 2022, the White House announced a prohibition on new investment in Russia by any U.S. person. This move has undoubtedly been a factor in the stunning exodus of U.S. companies from the region, as it leaves management teams in legal limbo as to whether maintaining current facilities—or even repairing equipmen
Kashishipr
MAY 11, 2022
A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Other than traditional or conventional trademarks, another category of trademarks exists, known as non-traditional or non-conventional trademarks, including motion marks, sound marks, scent marks, color marks, hologram marks, shape marks
The Trichordist
MAY 10, 2022
[This post first appeared on MusicTechPolicy] by Chris Castle One of the main beefs I’ve had with the Copyright Royalty Board is the secrecy in plain sight.… Read more "More Bizarre Goings On At the Copyright Royalty Board, this time with additional Google, fava beans and a fine Chianti".
TorrentFreak
MAY 8, 2022
Tackling online piracy is a complicated endeavor that often starts by identifying the operators of infringing sites and services. This is also where the first hurdles come into play. Most people who pirate still keep their identities concealed. This applies to the operators of sites and services as well as their users. This relative anonymity is a nuisance to anti-piracy groups, including the RIAA.
IP Watchdog
MAY 9, 2022
This week in Washington IP news, the Senate Science Committee convenes an executive session on Wednesday to deliberate over a pair of bills that would direct the Federal Communications Commission’s activities on establishing universal telecommunications services. Over in the House, the Investigation and Oversight Subcommittee and the Research and Technology Subcommittee explore issues in the use of open source systems for enterprise-level cybersecurity, the Space and Aeronautics Subcommittee foc
IPilogue
MAY 10, 2022
Photo by Kaitlyn Baker ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . With the emergence of the pandemic, schools across the globe had to rapidly shift to new testing mechanisms in line with stay-at-home lockdown orders. Remote invigilation and AI software seemed like the tools to support instructors and prevent cheating on exams that were suddenly shifted online.
The Trichordist
MAY 11, 2022
If you’ve received one of these emails from the MLC about having to recast their monthly statement inside of a single month, when you’re eying that $500,000,000… Read more "Clowns to the Left of Me, Jokers To the Right: When Will the MLC Show Us the Money?".
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