Plagiarism Today
JANUARY 27, 2022
For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. It was a powerful tool, if an imperfect one, for investigating a wide range of internet issues, legal and otherwise.
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 27, 2022
Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. This is a serious problem for major content producers, Hollywood included. At the same time, it’s also seen as a threat to the broader economy, which generates hundreds of billions of dollars from video entertainment.
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 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.
The IPKat
JANUARY 24, 2022
Can something be simultaneously iconic and lack distinctiveness under trade mark law? Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Inspired by the boots worn by Neil Amstrong to walk on the surface of the Moon in 1969, the Moon Boots were the first, dedicated after ski footwear.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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.
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.
The Trichordist
JANUARY 28, 2022
47% of respondents polled did not feel their voice was heard in crafting the Music Modernization Act.
TorrentFreak
JANUARY 24, 2022
Last October, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com, and their Russian operator Tofig Kurbanov. A Virginia federal court issued a default judgment in favor of several prominent music companies after the defendant walked away from the lawsuit. According to the order, there is a clear need to deter the behavior of Kurbanov who failed to hand over evidence including server logs.
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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.
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.
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.
TorrentFreak
JANUARY 24, 2022
When copyright holders observe an IP address sharing unauthorized content in a BitTorrent swarm, they need to match that IP address to a real-life name and physical address if they want to take things any further. Since there are no online resources that can reliably supply that information, copyright lawsuits – especially those aimed at extracting a cash settlement from a target – are often filed against ‘John Doe’ defendants.
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 27, 2022
For many years there have been established processes for removing infringing content and links to infringing content from the internet. The US is famous for its DMCA legislation, for example, and EU countries have similar rules in place. At least in theory, these laws can be used to take content down but pirate sites tend not to be particularly compliant.
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.
The IPKat
JANUARY 25, 2022
3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. The recent decision of the EUIPO’s Board of Appeal may provide some comfort. In its decision, the BoA considered whether two 3D trade marks could block an application for a figurative mark containing a similar representation of one of the perspectives.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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
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