Plagiarism Today
JANUARY 24, 2022
If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple. Most guides, including my own, are geared toward helping people understand copyright within the context of the issues they dealing with.
Intellectual Property Law Blog
JANUARY 24, 2022
Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program. Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action.
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TorrentFreak
JANUARY 25, 2022
The entire digital world is made up of binary code, often 1’s and 0’s. When you piece enough of them together, beautiful things can be created. By themselves, these two numbers are not that impressive. However, Google Drive appears to see them as a threat of sorts. The Infringing “1” Yesterday, Dr. Emily Dolson, an Assistant Professor at Michigan State University studying eco-evolutionary dynamics, noted that the storage platform had flagged one of her files.
Technology & Marketing Law Blog
JANUARY 22, 2022
A “lapsed” Jehovah’s Witnesses member, using the alias “ Kevin McFree ,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The IP arm of the Jehovah’s Witnesses (the “Watch Tower”) claimed that one such video, the “Dubtown Video,” infringed its copyright by incorporating snippets of its videos.
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
JANUARY 25, 2022
Last week, the Hamburg District Court issued a ruling in favor of Eyeo, the company behind prominent ad blocker Adblock Plus, in their long-running battle against German publisher Axel Springer. According to the original lawsuit, Springer claimed that Adblock Plus (along with similar extensions) modified the way that a web page is displayed. Since those pages qualify for copyright protection, the modification was essentially creating a derivative (ad-free) work and was an infringement.
Copyright Alliance
JANUARY 25, 2022
Around the end of December 2021, rightsholders were collectively holding their breaths over several bills which proposed to force publishers into a compulsory regime for the licensing of electronic formats […]. The post States Should Follow New York’s Rejection of Mandatory eBook Licensing appeared first on Copyright Alliance.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The Trichordist
JANUARY 28, 2022
47% of respondents polled did not feel their voice was heard in crafting the Music Modernization Act.
Plagiarism Today
JANUARY 26, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Archive Wolfgang’s Vault Resolves Copyright Fight Over Concert Recordings. First off today, Blake Brittain at Reuters reports that a lawsuit against the online concert archive Wolfgang’s Vault has ended as the two sides have reached an agreement to settle it.
The IPKat
JANUARY 27, 2022
Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.
TorrentFreak
JANUARY 23, 2022
Over the past two decades, online piracy has proven a massive challenge for the entertainment industries. Some copyright holders have tried to go after individual pirates in court but, increasingly, third-party intermediaries are targeted as well. There are several lawsuits pending in US courts where rightsholders accuse Internet providers of not doing enough to stop piracy.
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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.
Patently-O
JANUARY 25, 2022
Here is a fun chart showing the percentage of U.S. patents that cite to Wikipedia as prior art. I created this from data downloaded from the USPTO.
Plagiarism Today
JANUARY 24, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: American Airlines Suing The Points Guy Over App That Syncs Frequent Flyer Data. First off today, Kim Lyons at The Verge reports that American Airlines has filed a lawsuit against the travel tips website The Points Guy alleging that the site has violated their copyrights, trademarks and the terms of service of their frequent flyer program.
The IPKat
JANUARY 25, 2022
Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. "You can't judge a book from its cover".
TorrentFreak
JANUARY 22, 2022
Due to the way many pirate IPTV services are structured, top level suppliers often rely on a cascading marketing system whereby subscriptions are sold and resold through a network of so-called resellers. This type of arrangement allows lower-level individuals to sell subscriptions to their own customer bases while also helping to shield providers from unwanted attention from copyright holders and authorities.
Patently-O
JANUARY 25, 2022
by Dennis Crouch. Masimo Corp. v. True Wearables, Inc. ( Fed. Cir. 2022 ) (nonprecedential). This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. does not necessarily compel a finding that the information cannot maintain its status as a trade secret for a party in an entirely different field.” Serious Questions : A
Plagiarism Today
JANUARY 27, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users. First off today, Andy Maxwell at Torrentfreak writes that Italian authorities have shuttered a suspected pirate network that it accuses of supplying over 500,000 users with access to infringing content.
IP Watchdog
JANUARY 23, 2022
Incoming U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Vidal’s responses emphasize three priorities: strengthening patents and trademarks, ensuring that U.S. intellectual property is protected abroad, and expanding the reach of the patent system to underrepresented groups.
TorrentFreak
JANUARY 25, 2022
In an effort to control what its citizens can access on the internet, over the past several years Russian authorities have stepped up their blocking and censorship efforts. Some initiatives, such as the blocking of websites and URLs to reduce copyright infringement, are commonplace outside Russia but local authorities have also begun defining additional content categories, including some political dissent, as illegal.
Hugh Stephens Blog
JANUARY 27, 2022
China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP). There is no guarantee that the current members will agree to negotiate … Continue reading "If China Joined the CPTPP, what would this mean for Copyright Industries??
Erik K Pelton
JANUARY 25, 2022
Erik breaks down the various categories of bold brand names and explains how they can help create a strong brand and more protected business. For more trademark tips, visit www.buildingaboldbrand.com. The post Building a Bold Brand Wheel: 8 Types of Bold Brand Names appeared first on Erik M Pelton & Associates, PLLC. Erik breaks down the various categories of bold brand names and explains how they can help create a strong brand and more protected business.
Plagiarism Today
JANUARY 25, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Movie Companies Use DMCA ‘Shortcut’ To Expose Alleged CenturyLink Pirates. First off today, Andy Maxwell at Torrerntfreak writes that a group of independent filmmakers have taken a “shortcut” in a bid to expose the names and addresses of alleged pirates of their content.
Intellectual Property Law Blog
JANUARY 24, 2022
Introduction On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program. Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action.
IP Close Up
JANUARY 25, 2022
In the latest episode of ‘Understanding IP Maters,’ the podcast that looks at the IP stories of creators who became successful entrepreneurs, movie producer and Continue reading.
Technology & Marketing Law Blog
JANUARY 26, 2022
This is one of many cases, often related to #MAGA or anti-vax, seeking legal recourse for Congressional jawboning of Internet services. More typically, the plaintiff claims Internet services become state actors due to the jawboning directed at them. In contrast, the plaintiffs sued Rep. Schiff directly for jawboning. The district court dismissed the case.
The IPKat
JANUARY 23, 2022
A friendly feline reminder to vote for your favourite intellectual property law book of the year 2021 in the IPKat Book of the Year Awards! Vote for your best IP book of 2021 by taking the survey here PLEASE, FOR THE LOVE OF IP, only complete the survey once! Although it may be tempting to vote 94 votes for your (own) favourite book, this will be a fruitless endeavour as we will only count your vote once from our side.
TorrentFreak
JANUARY 26, 2022
Founded more than 16 years ago, Rojadirecta is one of the oldest and most popular linking sites for sports streaming events. The site, which is operated by the Spanish company Puerto 80 Projects, has built a loyal user base over the years. At the same time, it has fought quite a few legal battles too. Copyright holders have repeatedly accused Rojadirecta of facilitating piracy because users share links to unauthorized broadcasts.
Kluwer Copyright Blog
JANUARY 26, 2022
“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. The week before Christmas was disrupted by a controversy in Silicon Valley over the future of the internet.
Technology & Marketing Law Blog
JANUARY 28, 2022
The plaintiff sued because she’s blind and an Uber driver refused to pick her up with her guide dog. Uber invoked the arbitration clause in its TOS. The Maine Supreme Court says that the TOS wasn’t properly formed. This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. As most courts do, the opinion reviews the Berkson wrap taxonomy (browsewrap, sign-in wrap, clickwrap, scrollwrap) before ignoring the taxonomy in its an
The IPKat
JANUARY 24, 2022
The AmeriKat is stunned by the number of injunctions being granted in Düsseldorf A recent series of German injunctions (on the merits) granted by the Düsseldorf Regional Court in respect of generic versions of Novartis' Afinitor (everolimus) has been flagged to the AmeriKat's attention by a dear Scottish Kat friend. Why are they of interest? Because the injunctions were granted in respect of second medical use patents, which - readers will recall from the Lyrica experience - have not had a resou
IPilogue
JANUARY 28, 2022
Christian Bekking is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. During the first semester of my 3L year, I was placed at the Department of Canadian Heritage (PCH), Copyright Policy Branch for ten weeks through the IP Law & Technology Intensive Program.
IP Watchdog
JANUARY 25, 2022
The first panel of Tuesday’s PTAB Masters™ 2022, titled "Discretionary Denials: Has the WDTX Been Neutered?", presented data that reveals the U.S. Patent and Trademark Office's (USPTO's) Patent Trial and Appeal Board (PTAB) seemingly stopped citing Fintiv as a reason to discretionarily deny inter partes review (IPR) proceedings for cases with parallel litigation in the Western or Eastern Districts of Texas (WD of TX/ ED of TX) during the last four months of 2021.
TorrentFreak
JANUARY 26, 2022
In 2020, authorities in Italy revealed the existence of ‘Operation: The Net’, a broad investigation targeting the supply and sale of pirate IPTV services. Initial interventions took place in September 2020 and in December that year, authorities announced the takedown of a 50,000 user platform following an investigation carried out by Sky and football league Serie A.
The Illusion of More
JANUARY 27, 2022
In a recent post entitled What Kind of Writer Accuses Libraries of Stealing?, Maria Bustillos stakes out a wide swath of moral high ground in defense of Controlled Digital Lending (CDL). CDL is a theory that libraries are allowed, within the boundaries of U.S. copyright law, to scan physical copies of legally obtained books and […]. The post What Kind of Writer Indeed?
IP Tech Blog
JANUARY 26, 2022
Major Product Facility of Counterfeiters Raided in China by Global SPB Team. The global trade in counterfeit and pirated goods in 2019 amounted to nearly USD 464 billion. Trade in counterfeit goods is not only a threat to public governance by fueling organized crime and terrorism but harms the business of nearly every industry. Also, it is often a significant threat to the health and safety of consumers and to the reputation of brands.
The IPKat
JANUARY 24, 2022
A patent relating to combination claims is the subject of the latest referral to the CJEU on the interpretation of the SPC regulation ( IPKat ). Even before you get to the question of whether SPCs are available for combination therapies, demonstrating the patentably per se of combination therapies is a challenge in and of itself. As recent Boards of Appeal case law confirms, a claimed therapeutic combination must not have been the subject of accidental anticipation ( T 2056/17 ), must show more
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