Hugh Stephens Blog

OCTOBER 13, 2021

The issue of whether news publishers should receive compensation when their content is used by “others” (such as internet platforms, specifically Facebook and Google) has become a hot topic in a number of countries of late. It has arisen because of the near financial collapse of much of the print media, particularly newspapers and news … Continue reading "Do News Publishers “Own” the News?

Publishing 246

Publishing 246

Plagiarism Today

OCTOBER 13, 2021

Elizabeth Haigh was, until this week, a rapidly rising start in the cooking world. Featured on the 2011 BBC MasterChef competition, she was the head chef at London restaurant Pidgin when it earned a Michelin Star and is the owner of the popular restaurant Mei Mei. As part of that rise to stardom, Haigh published a book in the summer of 2021 entitled Makan.

Plagiarism 241

Plagiarism Publishing Copying Editing 241

TorrentFreak

OCTOBER 12, 2021

For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Popcorn Time Crackdown. The Motion Picture Association (MPA) recognized this threat early on and pressured the original developers to throw in the towel.

Copying 145

Copying Copyright Law 145

Erik K Pelton

OCTOBER 12, 2021

Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth. Erik clarifies the various trademark search types in this episode. The post Key Trademark Search Terms appeared first on Erik M Pelton & Associates, PLLC. Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth.

Trademark 113

Trademark Branding Branding Brands 113

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

The Illusion of More

OCTOBER 15, 2021

In March, Senators Durbin and Cassidy introduced the INFORM Consumers Act, legislation meant to provide us with greater transparency when shopping through large online marketplaces, which is to say Amazon. In a co-authored editorial in Roll Call, the senators state: It is well documented that third parties are selling massive amounts of counterfeit, stolen and […].

Intellectual Property Law 130

Intellectual Property Law Intellectual Property Law 130

Plagiarism Today

OCTOBER 13, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sinclair, Photographer Resolve Copyright Dispute Over Polar Bear Video. First off today, Blake Brittain at Reuters reports that Sinclair Broadcast Group has settled its dispute with Canadian photographer Paul Nicklen over Sinclair’s embedding of a video of polar bears that Nicklen took.

Cease and Desist 214

Cease and Desist Music Licensing Copyright Notice 214

Patently-O

OCTOBER 15, 2021

by Dennis Crouch. This decision suggests that the Federal Circuit is acceding to the Supreme Court’s approach giving broad discretion to the district courts in attorney fees cases rather than nit-picking individual elements of the totality-of-the-circumstances test. But, we’ll see. . Energy Heating, LLC v. Heat On-the-Fly, LLC ( Fed. Cir. 2021 ).

Litigation 130

Litigation Invention Patent Law 130

IP Watchdog

OCTOBER 9, 2021

On September 21, 2021, India's Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 Patents Rules. The amendment now includes a new category, “eligible educational institutions,” which qualifies for the same reduced fees as natural persons, startups, and small entities.

Patent 128

Patent Publishing Inventor Government 128

Technology & Marketing Law Blog

OCTOBER 13, 2021

This year, I have been serving as a Knight Foundation visiting scholar along with Prof. Mary Anne Franks of University of Miami. I’m excited to publicly announce our project. Working with the Knight Foundation team, including John Sands, we assembled a remarkable collection of essays and a conference to explore them fully. The essays: we collected over a dozen submissions from some leading figures in Internet history and online communities.

Blogging 126

Blogging Marketing Marketing Technology 126

TorrentFreak

OCTOBER 10, 2021

Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States. Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers. While cyberlockers have plenty of legal uses, copyright holders viewed most of these services as pirate portals.

Music 144

Music Copyright Business Law 144

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

JD Supra Law

OCTOBER 14, 2021

Artificial Intelligence (AI) has become a major focus of, and the most valuable asset in, many technology transactions and the competition for top AI companies has never been hotter. According to CB Insights, there have been over 1,000 AI acquisitions since 2010. The COVID pandemic interrupted this trajectory, causing acquisitions to fall from 242 in 2019 to 159 in 2020.

Technology 117

Technology 117

IP Watchdog

OCTOBER 11, 2021

This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial intelligence (AI) applications in various industries. Elsewhere in D.C., the Center for Data Innovation explores data driven approaches in addressing e-commerce counterfeits, The Brookings Institution hosts a conversation with Susteon’s Shantanu Agarwal on the challenges of carbon removal tech, and the U.S.

IP 127

IP Trademark Patent Government 127

Technology & Marketing Law Blog

OCTOBER 12, 2021

This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. These cases have all failed–with the partial exception of the Ninth Circuit meltdown (3 judges; 3 opinions) in Gonzalez v. Google LLC , 2021 WL 2546675 (9th Cir. June 22, 2021), which I never had the chance to blog because it’s 167 pages and the panel was so deeply split that the whole decision clearly needs en banc review.

Social Media 125

Social Media Blogging Law Marketing 125

TorrentFreak

OCTOBER 12, 2021

As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of. While Adobe has indeed stopped shipping new global versions of Flash, the technology is still supported in two markets – Enterprise and China via Flash.cn – a site managed by Zhong Cheng Network, the only authorized distributor of

Copyright 144

Copyright Copyright Infringement Technology Copyright Law 144

Intellectual Property Office Blog

OCTOBER 15, 2021

The IPO Business Engagement team frequently attends trade shows and business events across the UK to support sectors and advise on different aspects of intellectual property. IPO Digital Communications Officer, Oliver Downey, recently attended The Photography Show at the NEC Birmingham alongside the team, where copyright was centre stage. It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works.

Artistic Work 112

Artistic Work Intellectual Property Social Media Copying 112

IP Watchdog

OCTOBER 13, 2021

In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal Circuit today ruled that the structure of the PTAB does not violate due process rights under the U.S. Constitution. While the PTAB’s ruling was ultimately remanded to the USPTO Director for review under Arthrex v.

Patent 119

Patent Invention Government Litigation 119

Technology & Marketing Law Blog

OCTOBER 11, 2021

This is a scraping lawsuit brought by Southwest airlines against Kiwi.com. The court issues an injunction restricting Kiwi from scraping Southwest’s website. Southwest does not allow online travel agencies to sell Southwest flights without the approval of Southwest. Its terms of use prohibit attempts to “page scrape” flight data for any commercial purpose.

Cease and Desist 119

Cease and Desist Contracts Trademark Blogging 119

TorrentFreak

OCTOBER 15, 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. Accused Subscriber Fight Back. Most Internet subscribers who’re accused of piracy don’t put up a fight but occasionally one does.

Copyright 141

Copyright Art Settlement Copying 141

SpicyIP

OCTOBER 9, 2021

We’re pleased to inform you that the Centre for Health Law and Policy (CHLP), the Centre for Human Rights (CHR) and the Centre for Intellectual Property Rights (CIPR) under the aegis of the National University of Advanced Legal Studies (NUALS), in collaboration with the Prof. N R Madhava Menon Interdisciplinary Centre for Research Ethics and Protocols (ICREP), CUSAT and the Kerala State Higher Education Council are conducting an international webinar on ‘Vaccines and Immunization: Et

Intellectual Property 114

Intellectual Property Intellectual Property Law Higher Education Registration 114

The IPKat

OCTOBER 10, 2021

This Kat is feeling pensive With a cold snap incoming and a change in the air, why not look back on last week's IPKat? Copyright Following on from the Digital Culture Media and Sport Committee's UK Economics of Music Streaming Inquiry, Hayleigh Bosher reported on the UK Government's responses to the Committee's Recommendations. Trade marks GuestKat Nedim Malovic considered the implications of trade mark classification through the lens of the background to a dispute over Veuve Clicquot's orange:

Intellectual Property 110

Intellectual Property Music Government Reporting 110

IPilogue

OCTOBER 12, 2021

Photo by Chris Yang on Unsplash. Shannon Flynn is a Guest Writer and the Managing Editor of Rehack Magazine. Although facial recognition may have begun as a useful tool for the masses, as with many things, it has become something that can be used against them. When paired with artificial intelligence, facial recognition software can sort through millions of photos to identify a single face or even a fragment of one.

Social Media 110

Social Media Privacy Technology Reporting 110

TorrentFreak

OCTOBER 13, 2021

With 40 million users and over 100 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 virtually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. GitHub Removes Unblockit Repo. The vast majority of GitHub’s users showcase their work without issues, but not everything is allowed.

Social Media 141

Social Media Reporting Copyright 141

IP Watchdog

OCTOBER 14, 2021

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality under 35 U.S.C. § 285 in favor of Energy Heating et. al., thus upholding an award of attorneys’ fees based on inequitable conduct. The opinion was authored by Judge Prost. The case stems from a 2018 CAFC ruling in which the court upheld a district court’s finding that Heat-On-the-Fly’s (HOTF’s) U.S.

Reporting 109

Reporting Patent Litigation Intellectual Property 109

Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. It is a crucial choice to opt for the filing of a provisional patent application or not since a provisional patent application is optional while a complete specification filing is mandatory.

Patent Application 105

Patent Application Patent Inventor Invention 105

IPilogue

OCTOBER 14, 2021

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on October 13, 2021. Ransomware attacks are on the rise, with the Federal Bureau of Investigation reporting a nearly 21% increase in reported ransomware cases and a 225% growth in associated losses from 2019-2020.

Reporting 105

Reporting Designs Design Government 105

TorrentFreak

OCTOBER 14, 2021

In its quest to combat online piracy, the Motion Picture Association (MPA) keeps a close eye on the latest and greatest piracy threats. The organization, which represents the major Hollywood studios and Netflix, calls out the most problematic foreign sites and services in its “notorious markets” submission to the USTR each year. The latest filing came in a few days ago.

Advertising 141

Advertising Advertising Marketing Marketing 141

JD Supra Law

OCTOBER 14, 2021

Generic pharma and companies interested in new uses for old drugs alike include skinny labels – labels which do not recite uses for the drug that remain covered by a competitor’s patent – as part of their intellectual property strategy. However, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., 7 F.4th 1320 (Fed. Cir. 2021), the Federal Circuit provided a stern reminder that a skinny label is not a talisman that wards off liability if the conduct of the accused infringer supports a.

Intellectual Property 104

Intellectual Property Patent 104

The IPKat

OCTOBER 14, 2021

As IPKat readers may know, the legislative process to amend South Africa's current Copyright Act has been a long continuing one with BlindSA amongst others, at its forefront. Indeed as this Kat has reported on this blog ( here ), the process of addressing the South African President's reservations regarding the Copyright Amendment Bill (CAB) just kicked off in May 2021 (11 months after the President had sent his reservations in a letter to Parliament).

Copyright 101

Copyright Fair Use Reporting Copying 101

Nelligan Law

OCTOBER 14, 2021

Reading Time: < 1 minute As mandatory workplace vaccine policies begin to roll out, employers and employees have new questions about their legal rights and obligations. Dana DuPerron speaks with CTV News at Noon on how to navigate this complex employment law topic. The post Dana DuPerron on CTV News appeared first on Nelligan Law.

Law 98

Law Blogging 98

TorrentFreak

OCTOBER 15, 2021

With individuals and groups getting involved in the pirate IPTV market on a continuous basis, it may seem that stopping the illegal distribution of live TV channels, movies and TV shows is an impossible task doomed to failure. That may be the case, but copyright holders and broadcasters are certainly willing to try. Shutdowns, domain seizures, and other enforcement actions are reported almost every week, including civil lawsuits and criminal prosecutions in the US, EU and beyond.

Reporting 136

Reporting Advertising Advertising Television 136

JD Supra Law

OCTOBER 12, 2021

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.

Design Patent 103

Design Patent Art Designs Design 103

IP Law 360

OCTOBER 14, 2021

A California federal jury on Wednesday cleared Oculus VR's founder and a Facebook subsidiary on allegations that the billionaire lied about his progress on virtual reality headset designs that Total Recall Technologies contracted him to create and then sold them to Facebook for $2 billion.

Contracts 98

Contracts IP Design Designs 98

Velocity of Content

OCTOBER 12, 2021

We know what copyright and licensing look like in 2021 – its current strengths and benefits for creators and users, as well as the challenges, pressure points and friction zones between supporters and detractors. How will the landscape look in 2030 and will it be significantly different? Will some of today’s challenges have been resolved by then? Will new ones emerge?

Licensing 98

Licensing Intellectual Property Music Copyright 98

TorrentFreak

OCTOBER 14, 2021

For more than a decade, copyright holders have been able to file an application for High Court injunctions that compel Internet service providers to block infringing sites in the UK. Early targets for the movie and music industries were leading platforms such as the infamous Pirate Bay but, over time, the scale of the task has expanded to include hundreds, perhaps thousands of domains.

Publishing 130

Publishing Branding Branding Brands 130

JD Supra Law

OCTOBER 12, 2021

Disclosure: Holland & Knight LLP, including the authors of this blog post, represents Polar Electro in the litigation described below. In the case of Jewel Pathway LLC v. Polar Electro Inc., No. 20 CIV. 4108 (ER), 2021 WL 3621885, (S.D.N.Y. Aug. 16, 2021), Jewel Pathway LLC (Jewel) sued Polar Electro asserting U.S. Patent No. 8,818,711 ('711 Patent), which was entitled to 3D Path Analysis for Environmental Modeling.

Patent 103

Patent Blogging Litigation 103