Sat.Dec 10, 2022 - Fri.Dec 16, 2022

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Recent USPTO comments highlight the extent and breadth of trademark scams

Erik K Pelton

The USPTO recently submitted comments to the FTC regarding its proposed rulemaking, Rule on Impersonation of Government and Businesses. The USPTO comments, submitted on December 2, 2022, highlight the wide range of scams that are impacting the trademark system today, and their tremendous impact on all types of trademark operations. Some quotes from the USPTO comments: Specifically, scams involving the impersonation of the USPTO are prevalent, and, as a result, intellectual property owners have s

Trademark 326
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5 Ways Copyright Has Shaped the Holidays

Plagiarism Today

The holiday season is upon us, and it’s safe to say that festivities are kicking into high gear. However, as you enjoy your favorite seasonal traditions, it’s important to remember that, just like most things in our lives, copyright has had a role in shaping it. Whether it’s a movie becoming a holiday classic due to it being (briefly) in the public domain, holiday songs still very much under copyright, multiple legal questions around a children’s classic or some long-running myths that have chan

Copyright 312
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AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight

Hugh Stephens Blog

A quarter of a century ago, the internet was going to bring us wonderful things. The hubris of Silicon Valley was incarnated in the cyberlibertarian rantings of so-called internet guru John Perry Barlow and his “Declaration of the Independence of Cyberspace”.

Art 246
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The Bill C-18 Fallout: Liberal MP Lisa Hepfner Equates Linking to News Articles on Facebook to Theft

Michael Geist

Last month, Liberal MP Lisa Hepfner shocked Canadian online news outlets by stating that “ they’re not news.They’re not gathering news. They’re publishing opinion only.” The comments sparked instant criticism from news outlets across the country, leading Hepfner to issue a quick apology. In the aftermath of the comments, Hepfner said nothing for weeks at Heritage committee studying Bill C-18.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Update: Trademark Backlog at the USPTO

Erik K Pelton

The following is an edited transcript of my video Update on Trademark Backlog at the USPTO. Late in 2021, I provided some information about the backlog of trademark filings at the USPTO. As of May 2022, the backlogs are worse. I predicted that they would get worse before they get better, but hopefully we’re close to the peak worse backlog, and soon will see improvement.

Trademark 182
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Students Beware of Exam Help Scammers

Plagiarism Today

Yesterday, a student took to Reddit’s r/scams community to share the story of how they were scammed by an “Exam Help Scammer”. . The scam was remarkably simple. The student involved had decided to cheat on an upcoming online exam and hired an “expert” from an exam help website. To that end, they paid $125 for the service. They then gave their username and password to the person, so they could “study” for the exam.

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‘Future vehicles require future insurance’

McKinsey Operations

In an interview with McKinsey’s Tanguy Catlin, Andrew Rose of OnStar Insurance discusses how telematics data will usher in a new era of auto insurance.

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The Value of a Great Logo

Erik K Pelton

The following is an edited transcript of my video The Value of a Great Logo. Great logos can be very powerful marketing tools for big businesses and the smallest of businesses as well. A great logo is memorable and can convey a message about the business, the brand, and the products or services to the customer in a way that the words can’t or that enhance what the words the brand itself would convey.

Branding 147
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Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

The IPKat

This post is the third and final instalment in the “Africa IP Highlights 2022" series of posts highlighting some of the key developments in IP in Africa in 2022. The first 2 posts covered copyright and trade marks. As previously stated, the Africa IP Highlights 2022 is the result of collaboration between myself and and Doreen Adoma Agyei and Clarisse Mideva.

IP 134
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Unofficial YouTube App ‘ReVanced’ Hit With DMCA Takedown Notices

TorrentFreak

YouTube is an incredible site with an unbelievable amount of content covering every conceivable topic. But it’s certainly not perfect. Most complaints relate to the volume of advertising on YouTube, which seems to know when to interrupt a video at the most inappropriate time. Background play isn’t available as standard either, unless users pay for a subscription, which many prefer not to.

Licensing 144
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IPO Diversity in Innovation Toolkit

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.

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Best of 2014: Redskins decision: The present judges the past

Likelihood of Confusion

Originally posted on June 18, 2014. I’ve been writing about the dispute over the REDSKINS trademark on this blog more or less since the beginning of the blog itself. Today. The post Best of 2014: Redskins decision: The present judges the past appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 133
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Collateral Estoppel Beats Precedent Every Time

Patently-O

by Dennis Crouch. I like to think of collateral estoppel alongside binding precedent. Both involve a set of (at least) two separate cases, and the question is always whether some conclusion drawn in the earlier action forecloses relitigation of same (or similar) issue in the latter action. Precedent is broader because it applies across-the-board regardless of the parties involved.

Licensing 131
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Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

Technology & Marketing Law Blog

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. This time, he “happened to be in the proximity” of the defendant’s cosmetic surgery clinic. Doing what, exactly? The opinion doesn’t say. While he was fortuitously in the neighborhood, “At Kogan’s request, Jackson posed for, and took, a picture with Kogan in front of a backdrop stamped with the words ‘PERFECTION MED SPA’ throughout.” 50 Cent says he thought Kogan wanted the photo for ̶

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Dish Wins $2.1 Million From Texan Who Sold Pirate IPTV Through Amazon

TorrentFreak

U.S. broadcaster DISH Network has already booked a string of successes against pirate IPTV services this year, securing millions of dollars in damages. A few days ago, another victory was added to the list when a district court in Texas issued a default judgment against local resident Yahya Alghafir. Super Arab IPTV. The case began in 2020 when Dish filed a complaint against four defendants.

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Top Trademark Trends of 2022

Erik K Pelton

Hear our recap of the biggest trademark stories of 2022, including the USPTO backlog, the Queen of Christmas, Supreme Court cases, metaverse and NFT trends, and more. We also look forward to what 2023 might have in store for the trademark work. The post Top Trademark Trends of 2022 appeared first on Erik M Pelton & Associates, PLLC. Hear our recap of the biggest trademark stories of 2022, including the USPTO backlog, the Queen of Christmas, Supreme Court cases, metaverse and NFT trends, and

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DHC rules on Jurisdiction for Revocation Petitions and Appeals Post Dissolution of IPAB

SpicyIP

Image from here. Image depicting a directional sign board with three directions that read ‘this way’, ‘that way’ and ‘another way’ Recently, the Delhi High Court delivered an important decision that clarified the jurisdiction of High Courts post the enactment of the Tribunal Reforms Act, 2021 (TRA), which dissolved the IPAB (Intellectual Property Appellate Board).

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Another Copyright Owner Learns Why It’s Better to Send DMCA Takedown Notices Before Suing–BMG v. Likee

Technology & Marketing Law Blog

Likee is a TikTok-like app that allows users to publish short videos, often set to music. Without sending DMCA takedown notices, BMG sued it for direct and contributory copyright infringement. The court dismisses those claims. Direct Infringement. The court says Likee didn’t engage in volitional conduct: Plaintiff has failed to establish the necessary causal nexus between Defendants’ conduct and its users’ illegal copying of Plaintiff’s copyrighted works.

Copyright 128
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MPA Wins $20.7m Damages Against Former Piracy Giant PrimeWire

TorrentFreak

When several major studios filed a copyright lawsuit against PrimeWire last year, it shouldn’t have come as much of a surprise. It did nonetheless – it was a long time coming. More than a decade ago, a successful pirate streaming site called LetMeWatchThis reportedly ran into domain issues, and after a swift rebranding exercise, returned as 1Channel.

Reporting 138
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Urgent call to action! Call @SenatorLeahy to Support the American Music Fairness Act (202) 224-4242

The Trichordist

We have a chance to make history today––the American Music Fairness Act, our bi-partisan congressional bill, is on the runway to pass but we need the support… Read more "Urgent call to action! Call @SenatorLeahy to Support the American Music Fairness Act (202) 224-4242".

Music 126
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Author Talks: The simple way to get more great ideas

McKinsey Operations

Stanford’s Jeremy Utley proposes approaching creativity with a “begun” mentality, where innovation is incorporated into daily practice instead of occurring only in sprints.

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Messaging App Isn’t Liable for an Offline Murder (Even Without Section 230)–Roland v. Letgo

Technology & Marketing Law Blog

This is a tragic case involving the marketplace app Letgo. Using an alias, Brown listed a stolen car for sale on the app. The Rolands agreed to meet Brown in person to buy the car. At the meeting, Brown tried to rob them at gunpoint. When the husband fought back, Brown shot them both dead. This lawsuit seeks to hold Letgo liable for the murders. Section 230.

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Yout Seeks Clarification on the Legality of Youtube-DL Based Software

TorrentFreak

Two years ago, the RIAA caused outrage by taking down the open source YouTube-ripping tool youtube-dl from GitHub. The RIAA cited the DMCA’s anti-circumvention provisions, arguing that the tool could be used to download their artists’ musical works from YouTube, in breach of copyright. With little supporting case law in the United States, the RIAA referenced a German court ruling instead.

Music 131
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High Court Asks Solicitor General for Views on Genius-Google Copyright Preemption Case

IP Watchdog

The U.S. Supreme Court today invited the Solicitor General’s views in a copyright case that asks the High Court to grant a petition on the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?” The petition was brought by ML Genius Holdings (Genius), an online platform for transcribing and annotating song lyrics, against Google and LyricFind, which Genius claims breached

Copyright 124
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Africa IP highlights 2022 #1: Copyright matters

The IPKat

It’s December and time for.drumroll. The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year. Interested readers can find the Africa IP Highlights 2021, here. This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva.

Copyright 122
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Deep learning in product design

McKinsey Operations

A revolutionary approach is transforming the way companies approach tough engineering optimization challenges.

Design 121
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Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event–AH v. Labana

Technology & Marketing Law Blog

This case involves St. Francis High School , a Catholic high school in Mountain View located just a few steps away from my home. In the wake of George Floyd’s death during the early pandemic days, racial tensions were high and people were angry. One SFHS student found on Spotify, and then publicized on social media, a photo of three peers that appeared to be in blackface, which the uploader said was evidence of racism at SFHS.

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Differential Privacy: The Big Tech Solution to Big Data Privacy

IPilogue

Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. The AI revolution has brought about significant concerns about the privacy of big data. Thankfully, over the past decade, big tech has found a solution to this problem: differential privacy, which actors have implemented in various ways. The technology is not limited to big tech anymore either; the U.S. government has implemented differential privacy for their 2020 census data.

Privacy 115
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Post-AIA Applications

Patently-O

by Dennis Crouch. The America Invents Act became law in September 2011, but the first-to-invent provisions only took effect for patent applications filed after March 16, 2013. Most US utility applications claim back to an earlier application filing: either prior utility patent application, provisional patent application, PCT application, or foreign patent application.

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Global balance sheet 2022: Enter volatility

McKinsey Operations

Growth in the global balance sheet accelerated during the pandemic, but paused in 2022.

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Technologies for Enhancing Cannabis Bioavailability and Their Legal Methods of Protection

JD Supra Law

The following post explores the bioavailability and efficacy of various cannabis products, followed by a brief overview of the legal protection afforded to each as an intellectual property asset.

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Tencent, video games, the metaverse and diversity: an insider’s view

WIPO Magazine

Jia Wang, Deputy Director of the Technology Service for the North Americas Team within Tencent’s interactive entertainment group, discusses the future of video games and the role IP plays in her work.

IP 111
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9th Circuit Unceremoniously Dismisses Antitrust Lawsuit Against Google–Dreamstime v. Google

Technology & Marketing Law Blog

I previously summarized this case: Dreamstime sells stock photos. It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. Dreamstime was a big enough player that it got personal support from Google, including actual responses to its email inquiries. But over time, its organic indexing declined and so did its conversion rate on advertising.

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How finance sector treasurers can get ready for CBDCs and stablecoins

McKinsey Operations

Central bank digital currencies and stablecoins could reshape financial services. Treasury managers can play a central role in optimizing the related opportunities—and handling of the risks.

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What Unauthorized Manipulation of Starlink Signals Teaches Us About the Importance of IP

IP Watchdog

Starlink signals can be manipulated. In fact, they already have been, by unauthorized third parties. The agents are proclaiming their success and letting the world know that there is nothing Starlink can do about it. I’m inclined to agree. A professor at the University of Texas has found a way to use Starlink signals to develop a new global navigation technology that would operate independently of GPS or its European, Russian, and Chinese equivalents (Starlink’s terminals have also been successf

IP 111
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SpicyIP Weekly Review (December 6- December 12)

SpicyIP

In addition to the usual round up of our own blog posts in the last week, we also bring to you 20 case summaries and other important national and international IP developments this week. We’re also asking for your help! Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Additionally, we’ve run this format for weekly reviews for a few weeks now.