Hugh Stephens Blog
OCTOBER 29, 2021
The Institute for International Communications (IIC) annual meeting held recently in the UK (London, October 5-7) featured, among other topics, a “streaming video roundtable”, an informative discussion of the issues surrounding growth of the VOD sector in the current regulatory climate.
Plagiarism Today
OCTOBER 25, 2021
When people learn what I do for a living, one of the first questions I am usually asked is, “Has the internet made plagiarism much worse?”. It’s easy to see why it’s a question. Anecdotally, it feels like plagiarism stories are becoming much more common. Just over the sixteen years I’ve been writing for this site, there’s been a marked increase in the number of news stories about plagiarism and the amount of interest in the topic.
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Erik K Pelton
OCTOBER 29, 2021
The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective. Often, if you ask a group of people, “Are these two marks, given the circumstances, likely to be confused?
Copyright Lately
OCTOBER 25, 2021
The only thing scarier than a slasher flick is a lawsuit. Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? It’s Halloween time again! The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021.
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?
Hugh Stephens Blog
OCTOBER 25, 2021
A couple of weeks ago I put up a blog posting looking at the history of copyright and news content over the past two hundred years or more. It discussed the longstanding question of who “owns” the news, and who should be compensated when news content is copied. This issue is not new but has … Continue reading "Paying for Use of News Content?
Plagiarism Today
OCTOBER 26, 2021
As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. Whether it’s establishing the modern zombie formula , essentially re-copyrighting Frankenstein’s Monster or nearly killing off one of the most iconic vampires , Halloween and copyright have a long and controversial history together. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
OCTOBER 28, 2021
Section 1201 of the DMCA prohibits the circumvention of copyright controls without permission. This legal restriction prevents the general public from bypassing DRM protection on a wide variety of content and devices. There are some important exceptions to this rule, however. This includes phone jailbreaking, which was declared legal in 2010. These provisions are renewed every three years after the Copyright Office hears various arguments from stakeholders and the general public.
The IPKat
OCTOBER 27, 2021
Kat friend Hans Eriksson discusses an interesting decision (only available in Swedish) concerning copyright protection and originality, namely whether the sequence of twenty words in an instruction manual may be regarded as being enough for copyright to arise. Here's what Hans writes: The author was recently reminded of the opening lines of Frank Herbert’s sci-fi epic Dune: “ A beginning is the time for taking the most delicate care that the balances are correct. ” This Dune tells us, every memb
Plagiarism Today
OCTOBER 27, 2021
Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. Along the way, we discussed why a knockoff Beetlejuice costume is titled “Juice Demon”, the ways that intellectual property laws govern Halloween costumes and the ways one could find themselves in trouble. However, that is just the latest in a decade-long history of discussing copyright, plagiarism and other authorship issues as they pertain to Halloween and horror.
Erik K Pelton
OCTOBER 26, 2021
We love working with all types of businesses, but earning the trust of many other lawyers and legal industry businesses has been extra gratifying. The post We help clients with trademark protection in all industries – even law appeared first on Erik M Pelton & Associates, PLLC.
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TorrentFreak
OCTOBER 27, 2021
As part of their ongoing efforts to shut down or disrupt pirate IPTV services, Universal, Amazon, Columbia, Disney, Netflix, Paramount, Sony, and other content creators sued Jason Tusa , the operator of the Area 51, Digital UniCorn Media, Singularity Media, and Altered Carbon services. Tusa had been on the radar of the studios for some time and had previously shut down Area 51 after reaching a settlement agreement with anti-piracy coalition Alliance For Creativity and Entertainment.
IP Watchdog
OCTOBER 23, 2021
There’s hardly any area in entrepreneurship today that deals with innovation more than intellectual property rights protection – in fact, cutting edge technology and inventions are at the core of the IP industry. However, this doesn’t necessarily mean that the real-life practices, processes and management in the industry are as technologically advanced –it’s actually quite the contrary, or, at least, has been until recently.
Plagiarism Today
OCTOBER 25, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Nirvana Beats T-Shirt Copyright Lawsuit Involving Dante’s ‘Inferno’ First off today, Bill Donahue at Billboard reports that members of the band Nirvana have emerged victorious in a battle over their iconic Dante’s Inferno shirt, even if it is likely not the final word on the case.
Patently-O
OCTOBER 28, 2021
By Paul R. Gugliuzza, Professor of Law, Temple University Beasley School of Law and Jonas Anderson, Associate Dean for Scholarship and Professor of Law, American University Washington College of Law. The biggest story in patent law over the past three years has been the emergence of the Waco Division of the Western District of Texas as the undisputed capital of U.S. patent litigation.
TorrentFreak
OCTOBER 25, 2021
Six major ISPs – BT, EE, Plusnet, Sky, TalkTalk and Virgin Media – control more than 90% of the fixed line broadband market in the UK. This means that when copyright holders want to prevent access to pirate sites in the region, these providers are regularly named in blocking injunction applications. Late Friday, the High Court reported that Columbia Pictures, Disney Enterprises, Netflix Studios, Paramount Pictures, Universal City Studios and Warner Bros.
JD Supra Law
OCTOBER 28, 2021
Nature of Patents and Patent Rights - When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it. The granted patent confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or.
Plagiarism Today
OCTOBER 27, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RCN Hits Out at “Copyright Troll” Film Producers in Bid to Get Safe Harbor Case Dismissed. First off today, Chris Cooke at Complete Music Update reports that U.S. internet service provider (ISP) RCN is joining its rivals in hitting back against a group of film producers suing them by calling the group a “copyright troll.” The producers in question teamed up with the anti-piracy firm Maverickeye to fil
IP Tech Blog
OCTOBER 28, 2021
Last year, I wrote about a ruling in the Southern District of New York, Sinclair v. Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. v.
TorrentFreak
OCTOBER 29, 2021
For more than a decade the Hadopi (High Authority for the Distribution of Works and the Protection of Rights on the Internet) anti-piracy agency was France’s official response to the threat of peer-to-peer file-sharing. The anti-piracy body pioneered the so-called “graduated response” system back in 2010, with Hadopi tracking down copyright infringers using mainly BitTorrent networks and then warning, fining, or even disconnecting them.
JD Supra Law
OCTOBER 29, 2021
This is the October edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS.SPA springs to life New.ZUERICH extension CIRA partners with ScamAdviser to combat fraudulent sites.
Plagiarism Today
OCTOBER 26, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Arizona Beats Back Copyright Challenge to Car-Dealer Data Law. First off today, Blake Brittain at Reuters reports that the State of Arizona has beat back a copyright challenge to a new car dealer data law as the 9th Circuit has rejected an appeal from software developers.
IP Watchdog
OCTOBER 28, 2021
On October 27, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB) cancellation of Brooklyn Brew Shop, LLC’s (BBS) standard character mark and dismissed in part, affirmed in part and remanded the TTAB’s decision regarding the opposition of BBS’s mark. For over 30 years, The Brooklyn Brewery Corporation (Brewery) has used the marks BROOKLYN and BROOKLYN BREWERY in connection with the advertising, promotion, and sale of Brewery’s
TorrentFreak
OCTOBER 25, 2021
With over a billion users YouTube is the largest video portal on the Internet. The service opens the door to a wealth of information and entertainment, including the latest and greatest music which can be streamed for free. Through YouTube, the music industry generated billions of dollars in advertising revenue. While this sounds great, YouTube also presents an indirect threat, as third-party tools allow people to rip and download music to enjoy outside of the streaming service.
Patently-O
OCTOBER 25, 2021
This guest post was authored by Joel Smith, a 3L at the University of Missouri School of Law, with support from the team at the Mizzou Law Veterans Clinic. Why is there a post about a veterans law case on a patent law blog? The U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”), of course! Like patent office cases, when decisions of the Veterans Administration (“VA”) are appealed to the federal court system, the cases are not heard in your everyday district courts, but instead
Technology & Marketing Law Blog
OCTOBER 23, 2021
This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom, and child sued Peloton for negligence and misrepresentation. Peloton invoked the arbitration clause in its TOS.
JD Supra Law
OCTOBER 29, 2021
By now you may have heard about NFTs: the new cryptographic asset that is having a major impact in many industries and is likely to continue to do so for many years. Christies sold an NFT of digital artwork for $69 million.
TorrentFreak
OCTOBER 23, 2021
Earlier this year, people who allegedly offered or even watched the Jake Paul vs. Ben Askren boxing match online without permission were sucked into legal action. Copyright owner Triller filed a wave of lawsuits after the PPV fight aired, targeting various sites and their operators. That included a number of YouTube channels including the H3 Podcast, which is currently fighting back citing fair use , a defense that Triller says isn’t available.
IP Watchdog
OCTOBER 28, 2021
On October 25, the European Union Intellectual Property Office (EUIPO) issued a study exploring the growing misuse of e-commerce channels for trade in counterfeits. The report provides a quantitative review of both the expansion of Internet commerce as well as a growing number of counterfeit seizures by border officials in recent years. The EUIPO’s report also profiles common aspects of counterfeit supply chains, as well as regulatory frameworks established to reduce the spread of counterfeits o
Velocity of Content
OCTOBER 29, 2021
This post is the first in a three-part series dedicated to exploring and inspiring agents of change across the scientific publishing landscape. . In October 2019, at the Royal Society of the Arts, Outsell and CCC held a leadership summit focused on The Future of Science. This invitation-only event brought together a cross-section of senior leaders throughout the scientific ecosystem to examine the value chain of scholarly communications and to identify and investigate changes to the implicit
JD Supra Law
OCTOBER 27, 2021
The advent of technology making feasible elucidation of whole genomic sequencing over the past 30 years has led to reports of many if not most important or interesting animal genomes (including the most celebrated results of the Human Genome Project) (see, e.g.
TorrentFreak
OCTOBER 24, 2021
Over the years we have seen our fair share of bizarre DMCA takedown notices, but we continue to be surprised by new schemes. This week we can add another to the list, one that has some serious threats attached. The notices in question were sent to Google but the accompanying message appears to be directed at the targeted sites, many of which offer APK versions of apps.
Technology & Marketing Law Blog
OCTOBER 26, 2021
In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). After sending a takedown notice, the copyright owner can apply for an unmasking subpoena, which the clerk of the court must issue without any discretion or review by a judge. This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer.
The TTABlog
OCTOBER 26, 2021
The Board reversed a refusal to register the mark SPEED EZ for "cleaning brushes for use on automobiles, motorcycles, boats and other vehicles; cleaning brushes for use on wheelchairs; cleaning brushes for use on bicycles," finding Applicant's specimen of use to be acceptable. The examining attorney had maintained that the specimen was a "digitally altered image or a mock-up of the mark on the goods or their packaging" that did not show the proposed mark in actual use in commerce.
IPilogue
OCTOBER 26, 2021
. Photo by Intepat ( INTEPAT ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. It started out in 2010 when Oracle sued Google for copying the application programming interfaces (APIs) of Java, a programming language developed and licensed by Sun Microsystems and later acquired by Oracle, in Google’s development of the Andro
TorrentFreak
OCTOBER 29, 2021
Back in July we reported that the Alliance for Creativity (ACE) and the Motion Picture Association (MPA) had obtained a DMCA subpoena compelling Cloudflare to hand over the personal details of sports streaming service HeHeStreams. Soon after, the site – which in the main facilitated access to MLB, NBA, NFL, and NHL content – disappeared and began redirecting to ACE.
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