Sat.Oct 16, 2021 - Fri.Oct 22, 2021

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Dealing with Historical Figures Who Fall Out of Favour:  Don’t Attack the Artwork

Hugh Stephens Blog

These days it is not uncommon to see red paint splashed on the statue of some controversial historical figure, or even to have the statue defaced, vandalized or perhaps torn down from its pedestal. It has happened to Christopher Columbus, Winston Churchill, Robert E. Lee, and Queen Victoria, to name just a few recent targets.

Artwork 239
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3 Count: Photo Battles

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. First off today, Kendall Heebink at Law Street reports that a pair of pizza companies have been sued by Prepared Food Photos, Inc. (PFPI), a company that does custom photography for food industry retailers and wholesalers.

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What makes a trademark law firm successful?

Erik K Pelton

A lot of elements going into making our firm what we are and making it successful. More than just inputs and outputs, work and fees. The things that make up our firm as a whole include people, experience, education, practicing what we preach, and much more. We constantly nourish a feed each of these inputs to grown and evolve. We believe that makes what we offer to our clients unparalleled.

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Dune Leaked on Pirate Sites Before US Theatrical & HBO Max Release

TorrentFreak

Dune (also known as Dune: Part One) is the first installment of a planned two-part adaption of the 1965 sci-fi book written by Frank Herbert. The movie has been in the planning for years, with filming eventually taking place between March and July 2019. Dune had its world premiere at the 78th Venice International Film Festival on September 3, 2021, and Warner Bros. released the movie internationally on September 15, which did not include key markets such as the US and UK.

Copying 145
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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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Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google

Technology & Marketing Law Blog

The plaintiffs are “conservative content creators” (i.e., QAnon enthusiasts) who posted videos to YouTube. YouTube suspended their accounts. The plaintiffs sued for First Amendment violations (presumably a 1983 claim). The court previously denied a TRO. YouTube now gets the case dismissed with prejudice. It’s not a close call. To show YouTube is a state actor, the plaintiffs tried four different unsuccessful arguments: Public Function.

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Analyzing the Squid Game Plagiarism Allegations

Plagiarism Today

The South Korean drama series Squid Game has been making headlines all over the world. Deemed by Netflix to be its “biggest-ever series launch” , the series has become a global phenomenon, being viewed by over 111 million accounts in the first month alone. However, the runaway success of the show has not prevented it from being the center of some controversy.

More Trending

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Anti-Piracy Outfits Still Target Pirate Sites That Shut Down Years Ago

TorrentFreak

Over the past decades, hundreds of popular ‘pirate’ sites have come and gone. This includes the likes of isoHunt, ExtraTorrent, and KickassTorrents. These shutdowns have a serious impact but, as time passes, estranged users eventually move on. The same can’t be said for all anti-piracy organizations. Hunting Pirate Ghosts. As it turns out, sites that have long disappeared are still seen as a ‘threat’ That is, judging from the takedown notices they send to Google.

Reporting 145
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Coons and Hirono Raise Concerns Over Pride in Patent Ownership Act Penalties

IP Watchdog

During a hearing of the Senate Judiciary Committee’s IP Subcommittee today, Senators Chris Coons (D-DE) and Mazie Hirono (D-HI) were the only senators present to question the Pride in Patent Ownership Act’s (PPOA’s) approach to penalizing patent owners who fail to record accurate ownership information within 90 days after the issuance date. The hearing included testimony from four witnesses on the topic of the PPOA introduced by Senators Patrick Leahy (D-VT) and Thom Tillis (R-NC) in September.

Ownership 124
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3 Count: I Got You Babe

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cher sues Mary Bono Over Sonny & Cher Song Royalties. First off today, Blake Brittain at Reuters reports that the musician Cher has filed a lawsuit against Mary Bono, the widow of Cher’s late music partner Sony Bono, to try and prevent the Bono estate from terminating her rights to the duo’s music.

Music 207
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Preventing trademark problems is like preventing cavities

Erik K Pelton

Some proactive habits can help greatly boost the health of our teeth and prevent cavities. Similarly, some proactive measures can help protect a brand and significantly lower the risk trademark problems! The post Preventing trademark problems is like preventing cavities appeared first on Erik M Pelton & Associates, PLLC.

Trademark 130
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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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Domain Name Registries Dismiss Hollywood’s Piracy Critique

TorrentFreak

Last week, Hollywood’s Motion Picture Association (MPA) shared its annual overview of “notorious markets” with the US Trade Representative (USTR). This list typically includes examples of pirate sites and services. However, it goes further than that, as third-party intermediaries are called out as well. Notorious Domain Registries?

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COVID IP Waiver Attempts are Becoming Harder to Justify

IP Watchdog

Last week, at a meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members had an opportunity to engage in small group and bilateral meetings to discuss the proposals by South Africa and India to waive patent and trade secret protections relative to COVID-19 innovations, as well as the proposal from the European Union regarding the use of current TRIPS compulsory licensing provisions during a pandemic.

IP 121
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3 Count: Less Than Routine

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Spike Lee, Nate Parker Sued by Indie Filmmakers Over Copyright Infringement. First off today, Diane Haithman at TheWrap reports that filmmakers Spike Lee and Nate Parker have been sued for copyright infringement over allegations that their 2019 Film American Skin is an infringement of an earlier screenplay.

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Trademark Registration: The Whole is Greater Than the Sum of Its Parts

Erik K Pelton

There are numerous benefits to trademark registration. Each is critically important, but when all of them are put together, it creates a trademark fortress. In this episode Erik explains why, when it comes to trademark registration and protection, the whole is greater than the sum of its parts. The post Trademark Registration: The Whole is Greater Than the Sum of Its Parts appeared first on Erik M Pelton & Associates, PLLC.

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YouTube Rippers Oppose RIAA’s Worldwide ‘Blocking’ Injunction & Massive Damages

TorrentFreak

Earier this month 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 Judge Buchanan there is a clear need to deter the behavior of Kurbanov, who also failed to hand over evidence including server logs.

Music 135
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Creator Frustration Over TikTok Reflects System Weaknesses—Both Racial and Copyright

IP Watchdog

Millions of content creators hoping to establish a cash machine on platforms like TikTok, YouTube and Instagram are learning that it takes more than lively moves and thousands of followers to be taken seriously. They are also discovering that not all creators are created equal, even when they are the source. Content on TikTok and other social media platforms is theoretically copyrightable.

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Plagiarizing University President Avoids Termination

Plagiarism Today

Earlier this month, we discussed the case of West Liberty University and its President, W. Franklin Evans. Evans, who was hired for the job in November 2020, gave a freshman convocation speech to a mix of students and faculty on September 15. However, as the speech went on, it became clear that many of the words he was speaking were not his own and not attributed in the speech.

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AI – A Rushing Snowball: Can AI-made Inventions Be Patented?

JD Supra Law

AI - a rushing snowball - Human intelligence has developed over thousands of years. Meanwhile, AI, including deep learning algorithms, is the result of just a few decades of work and development. There is no doubt that this snowball cannot be stopped. Artificial intelligence already has a huge impact on key areas of the economy. It also raises a number of critical legal issues, including those relating to innovation and creativity, faced by states, regulators and competent authorities across the

Invention 113
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Filmmakers Withdraw Popcorn Time ‘Blocking’ Request After Google Shows Up

TorrentFreak

Copyright holders have tried a wide variety of legal options to tackle online piracy, including lawsuits. This year we have seen a series of complaints in US courts where filmmakers sued third-party services for facilitating piracy. This includes VPN providers and their hosting companies. VPN.ht is one of the companies that was sued. Last week it settled the case by agreeing, among other things, that it would block BitTorrent traffic and keep logs on US servers.

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No more paper trade mark registration certificates from 2022, says China’s trade mark office

The IPKat

On 12 October 2021, the China National Intellectual Property Administration (CNIPA) issued Announcement No. 453 (see the full Chinese text here ). According to that directive, from 1 January 2022, the CNIPA will only provide an electronic version of trade mark registration certificates. These should be easy to both access and download for logged-in users.

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Models’ Lawsuits Against Nightclubs Highlight SCOTUS Petition Challenging Elevation of ‘Public Prominence’ Factor in Lanham Act Cases

IP Watchdog

In mid-October, a pair of lawsuits were filed in the Eastern District of Virginia by different groups of professional models seeking damages and injunctive relief under the Lanham Act from adult entertainment clubs for the unauthorized use of the models’ images in promotional materials. The filings come at about the same time that the U.S. Supreme Court is considering a petition for writ of certiorari from the U.S.

Trademark 111
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Is the Villainous Portrayal of Disfigurement Really Worth the Price of the “JAMES BOND 007” Trademark?

IPilogue

Photo by Max Bender ( Unsplash ). Olaoluwa Oni is a published author and a graduate research student at Osgoode Hall Law School. Her debut novel, The yNBA , is Nigeria’s first legal drama novel. . A new movie in the James Bond franchise – No Time to Die – was recently released worldwide. The plot of the new film follows the Bond-movie archetype: the MI6 agent is sent on a crime-fighting mission, working with an attractive woman – a “Bond Girl” – to defeat villains who – and this is the subject

Trademark 111
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RIAA: ‘Refocused’ Yout Stream-Ripping Lawsuit Should Be Dismissed

TorrentFreak

Yout.com’s legal battle with the RIAA, which was instigated by the YouTube-ripping service in 2020, hasn’t been a straightforward affair. The original complaint hoped to achieve a declaratory judgment that the service operates legally but the RIAA has fought back on every detail. The basis of Yout’s complaint is that it operates an entirely legal service that, contrary to the claims of the RIAA, does not “descramble, decrypt, avoid, bypass, remove, deactivate, or impair” YouTub

Music 131
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Section 230 Protects Securities Exchange–Saveene v. Remo

Technology & Marketing Law Blog

This case involves an alleged case of corporate hijacking. The plaintiff alleges that it bought a controlling interest in a corporate entity opaquely named American Diversified Holdings Corp. (“ADHC”) from Remo. Remo then allegedly dissolved the Nevada entity and, without permission, created a new entity in Wyoming with the same name and filed reports for “ADHC” with the OTC securities exchange.

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Comments on USPTO Patent Eligibility Study Reveal Stark Contrast in Viewpoints of Some U.S. Patent Stakeholders

IP Watchdog

Friday, October 15, marked the final day of the public comment period for the U.S. Patent and Trademark Office’s patent eligibility jurisprudence study. By the close of the comment period, 43 public comments were submitted from entities with very different viewpoints on the U.S. patent system. Public comments will be used to determine how the current state of Section 101 patent eligibility case law is impacting investment in U.S. innovation.

Patent 111
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Cher Sues Mary Bono for $1 Million Over Missing Royalties

JD Supra Law

- Cher filed a lawsuit against her late musical partner and ex-husband Sonny Bono’s widow over the rights to many of their cherished Sonny & Cher songs. She asked the court to block the trust which handles Sonny’s estate, the Bono Collection Trust, from terminating her rights that granted her 50 percent of the royalties under their divorce settlement.

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beIN Identifies IPTV Providers and Xtream-UI Panel As Major Piracy Threats

TorrentFreak

Qatar-based TV network beIN has been heavily embroiled in perhaps the most controversial TV piracy scandal in recent years. Saudi-backed pirate satellite provider beoutQ threatened to decimate beIN’s business and the ensuing battle had far reaching consequences. The conflict was part of a diplomatic crisis between Qatar and other Arab countries and resulted in beIN being prevented from doing business in Saudi Arabia.

Reporting 129
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Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White

Technology & Marketing Law Blog

I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over social media content (e.g., Rapaport v. Barstool ). Still, online defamation claims can succeed, as this case shows. But even if the plaintiff wins in court, does it truly win? * * *. The court summarizes the facts: On the job at Steak N Shake, Melissa White thought she found worms in hamburger meat, and insisted her manager inspect the meat.

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On Fixing Social Media: Why Fear Unintended Consequences?

The Illusion of More

In an excellent post on the blog Librarian Shipwreck, the author reminds us to take a more expansive view of the so-called Facebook problem. The article lands direct hits on most of the big nails (for instance, that we cannot trust Facebook to fix Facebook), but perhaps its most critical observation is the one about […]. The post On Fixing Social Media: Why Fear Unintended Consequences?

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Thursday Thingies

The IPKat

Here's looking at you, Kat While the trees are in their autumn beauty and the woodland paths are dry (with apologies to W.B. Yeats), the stream of IP miscellany springs eternal. Opportunities & Events The World Intellectual Property Organization (WIPO) has recently published a new open international tender, reference no. CCIS_CMD/2021/776/RFP - Creators Platform: Program Management Team and Content Delivery Team.

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RIAA Criticizes ICANN for ‘Hindering’ Its Anti-Piracy Efforts

TorrentFreak

Tackling online piracy is a complicated endeavor that often starts by identifying the operators of infringing sites and services. This is also where the first hurdles come into play. Most pirate operations shroud themselves in secrecy and do all they can to remain anonymous. This starts with the domain name registration. The owner of every domain name on the Internet is required to supply personal information when they buy a domain.

Privacy 128
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What Is a W-9 Form and When Do I Need One?

Legal Zoom

The taxpayer information on a W-9 is used by a business to report to the IRS on payments made to independent contractors and other vendors. Should you be filling out a W-9 or W-4? It depends on whether you're an independent contractor or an employee.

Reporting 105
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Future-facing Topics in Copyright: USCO and USPTO to Stream Discussion of “Copyright Law and Machine Learning”

Velocity of Content

“Machine Learning” (ML) is a concept from computer science that refers to cases of algorithmic processes being applied to data in an iterative fashion (i.e., over and over again) and testing their results, such that their predictive outputs improve without a human having to instruct them directly. That is quite a mouthful and may not sound very exciting.

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Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

IPilogue

Photo by Ashley Kirk ( Unsplash ). Meena Alnajar is an IPilogue?Writer, IP Innovation Clinic Fellow,?and a 2L JD Candidate at?Osgoode?Hall Law School. . On September 28, 2021 , The Hershey Co. chocolate company (“Hershey”) filed a lawsuit against Californian cookie maker The Cookie Department Inc. (“Cookie Department”) for copying Hershey’s famous Kisses shape.

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Pirate IPTV Investigation: 1,800 Customers Face ‘Stolen Goods’ Fines

TorrentFreak

In recent years, Italian authorities investigating IP crime have committed significant resources to the ongoing problem of pirate IPTV services. From being part of the operation that shuttered software platform Xtream-Codes to the closure of a service that was allegedly responsible for the supply of 80% of the country’s ‘illegal transmissions’, Italy has been pushing hard against all players in the ecosystem.