Hugh Stephens Blog

OCTOBER 11, 2022

Well over half the world (more than 90 countries from Algeria to Venezuela, with all of the members of EU, Britain, Australia, Mexico and many African countries included) have an Artists’ Resale Right (ARR) in their copyright law, but not North America north of the Rio Grande—except for California. North of Mexico, the ARR does … Continue reading " Will the “Artists’ Resale Right” Come to Canada and the US?

Copyright Law 246

Copyright Law Copyright Law 246

Plagiarism Today

OCTOBER 12, 2022

Paul McCrory. According to Retraction Watch , former prominent concussion researcher Paul McCrory has drawn another 9 transactions as the British Journal of Sports Medicine and its publisher, BMJ, continues their investigation into his library of work. The nine retractions all involve opinion pieces that he authored for the journal while serving as editor-in-chief between 2001 and 2008.

Plagiarism 278

Plagiarism Journalism Publishing 278

Intellectual Property Law Blog

OCTOBER 11, 2022

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. A summary of these reminders (and links to more information) are provided herein.

Patent Application 186

Patent Application Patent Inventor Invention 186

Erik K Pelton

OCTOBER 14, 2022

The following is an edited transcript of my video State vs. Federal Trademark Registration. When we’re dealing with the world of trademarks, more than 99% of the time we’re dealing with federal trademark protection with the USPTO, which extends to all 50 states, as well as the District of Columbia and US territories. But there are instances where state trademark protection does come up.

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Registration Trademark Editing Business 147

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?

Technology

TorrentFreak

OCTOBER 14, 2022

Sci-Hub and Libgen have developed a reputation for breaking down digital walls as part of their quest to grant universal access to scientific papers, research, and knowledge. This mission objective receives considerable support from both academics and students. In stark contrast, major publishing companies own the rights to millions of papers being offered by Sci-Hub and Libgen for free, something that undermines their premium business model.

Publishing 145

Publishing Copyright Business Law 145

Plagiarism Today

OCTOBER 13, 2022

Talking about plagiarism, attribution and citation with students is a serious challenge. . These are inherently nuanced issues and, often times, the best questions don’t have clear or bright line answers. Couple that with the high stakes when it comes to grades and disciplinary action, students are understandably confused, frustrated and scared. However, that is part of why it is so important for teachers to talk about plagiarism.

Plagiarism 221

Plagiarism Editing 221

Erik K Pelton

OCTOBER 11, 2022

Nontraditional trademarks include sounds, scents, motions, lighting, colors, and more. Color marks are relatively rare and must meet additional requirements. In this episode, we cover the basics about color marks and T-Mobile’s trademark registration for magenta. The post Color trademarks case study: T-Mobile magenta appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Registration 147

TorrentFreak

OCTOBER 14, 2022

Copyright Management Services Ltd (CMS) was incorporated in the United Kingdom in October 2014. Its founding director was Patrick Achache, who later rose to fame as the boss of Germany-based BitTorrent tracking company, MaverickEye. Both companies operated as parts of Guardaley, the international lawsuit factory that to date has targeted scores of thousands of alleged BitTorrent pirates in the United States, UK, Sweden , Denmark , Norway, Finland and Brazil , among others.

Settlement 145

Settlement Copyright Business Government 145

Plagiarism Today

OCTOBER 13, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Supreme Court Tackles Andy Warhol Copyright Dispute. First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine.

Cease and Desist 199

Cease and Desist Copyright Infringement Licensing Fair Use 199

McKinsey Operations

OCTOBER 12, 2022

Nuclear fusion has long been considered a near-impossible clean-energy solution. But technological advances—and the need for a flexible zero-carbon power grid—have made fusion worth considering.

Technology 143

Technology 143

Advertiser: IPO

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.

Patent

The IPKat

OCTOBER 14, 2022

The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule. Old style delivery The EPO "10 day rule" is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days after the date on which the notification was sent.

Reporting 140

Reporting Patent 140

TorrentFreak

OCTOBER 13, 2022

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. Where other groups often take pride in announcing million-dollar damages and prison sentences against pirates, BREIN is rather pragmatic. This approach is illustrated by a warning campaign launched at the end of 2020. Unlike other copyright enforcement groups, BREIN is not interested in casual pirates.

Licensing 145

Licensing IP Privacy Copyright Infringement 145

Plagiarism Today

OCTOBER 11, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. First off today, Ronald Mann at SCOTUSblog reports that, tomorrow, the Supreme Court of the United States (SCOTUS) is expected to hear arguments in the case of Andy Warhol Foundation for the Visual Arts, Inc. v.

Fair Use 189

Fair Use Reporting Licensing Plagiarism 189

Technology & Marketing Law Blog

OCTOBER 11, 2022

This case involves the Polish tractor manufacturer Kirovets’ K-700 tractor: Saber makes the videogame MudRunner. It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. Oovee make the videogame Spintires. The court says: “Users interact with the virtual world by selecting a vehicle (which is like a character) and by navigating the virtual environment.” Spintires added a depiction of the K-700 as a p

Licensing 140

Licensing Marketing Marketing Designs 140

McKinsey Operations

OCTOBER 11, 2022

Global Lighthouse Network organizations continue to light the way in the Fourth Industrial Revolution. To keep up, companies must now scale technologies across sites and value chains.

Technology 140

Technology 140

TorrentFreak

OCTOBER 12, 2022

Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was very controversial at the start of the last decade but it’s increasingly being normalized.

Copyright 145

Copyright Copyright Law Law Reporting 145

Plagiarism Today

OCTOBER 12, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Appeal Court Upholds Wolfgang’s Vault Copyright Ruling, Including the Disappointing Damages. First off today, Chris Cooke at Complete Music Update reports that the Second Circuit Court of Appeals has upheld a verdict against the concert streaming service Wolfgang’s Vault, including a meager damages award.

Licensing 176

Licensing Music Television Reporting 176

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator. The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownershi

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Inventor Invention Patent Ownership 140

McKinsey Operations

OCTOBER 12, 2022

Repeatedly rebounding from disruption is tough, but some companies have a recipe for success: a systems mindset emphasizing agility, psychological safety, adaptable leadership, and cohesive culture.

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TorrentFreak

OCTOBER 11, 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. New data released by UK-based piracy tracking company MUSO shows that pirate sites remain very relevant. And people have no trouble finding them either. 141.7 Billion. In fact, traffic to these sites is booming.

Music 145

Music Publishing Reporting Copyright 145

Technology & Marketing Law Blog

OCTOBER 8, 2022

by guest blogger Kieran McCarthy. Most online terms-of-use agreements claim to give their drafters broad discretion to modify the terms at the host’s discretion. Some terms-of-use agreements purport to allow host websites to modify the terms by sending an email (inevitably, to your spam folder) to notify you of the changes. Others require users to constantly refresh their browsers to know when updates occur.

Marketing 137

Marketing Marketing Contracts Business 137

IP Watchdog

OCTOBER 10, 2022

Roomba maker IRobot Corp. came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory. ITC Judge MaryJoan McNamara said SharkNinja infringed two of four asserted iRobot patents, according to a notice posted last week on the agency’s electronic docket.

Confidentiality 137

Confidentiality Patent Infringement Business Patent 137

McKinsey Operations

OCTOBER 13, 2022

Winners are already emerging in the race to provide banking and payments infrastructure for embedded finance, but incumbents and new entrants still have time to claim a share of this dynamic market.

Marketing 136

Marketing Marketing 136

TorrentFreak

OCTOBER 10, 2022

The Motion Picture Association (MPA) has been a key player in the anti-piracy fight for decades and this position has only strengthened in recent years. As the driving force behind the Alliance for Creativity and Entertainment, the MPA finds itself at the center of an international enforcement apparatus. Just a few days ago we reported how ACE was instrumental in shutting down pirate streaming services in Latin America.

Reporting 145

Reporting Marketing Marketing Advertising 145

Intellectual Property Law Blog

OCTOBER 11, 2022

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. A summary of these reminders (and links to more information) are provided herein.

Patent Application 130

Patent Application Patent Inventor Invention 130

IP Watchdog

OCTOBER 12, 2022

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). The NDAA is “must pass” legislation funding the military at a time when wars are brewing around the world, some with credible threats of nuclear war. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law.

Ownership 131

Ownership Patent Patent Infringement Trademark 131

McKinsey Operations

OCTOBER 13, 2022

Digital payment transactions are skyrocketing in emerging markets as innovations proliferate. Banks, fintechs, and telecom companies must quickly develop their strategy to compete for market share.

Marketing 134

Marketing Marketing 134

TorrentFreak

OCTOBER 9, 2022

Russia’s invasion of Ukraine has resulted in thousands of tragic deaths while millions of people have been forced to flee their homes. While soldiers risk their lives on the battlefield, an information war is raging around the world. More than in any previous armed conflict, the Internet has presented itself as a powerful weapon. Propaganda has always been an integral part of warfare, on all sides.

Copyright 145

Copyright Government Reporting Technology 145

Patently-O

OCTOBER 11, 2022

by Dennis Crouch. I assume that you have read The Onion amicus brief in Novak v. City of Parma Ohio. If not, please do it is a total classic. Novak Parma Onion Amicus Brief PDF. The case involves Anthony Novak who created a parody Facebook page to mock his the local police department in Parma, Ohio. The posts were clearly parody after perhaps a bit of initial confusion.

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Government Reporting Patent 128

IP Watchdog

OCTOBER 12, 2022

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces. The draft sets out to “crack down on illegal and untrustworthy acts” carried out by Chinese patent agencies and promote a healthier development of Chinese intellectual property.

Patent Application 128

Patent Application Intellectual Property Patent Government 128

The IPKat

OCTOBER 12, 2022

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase. (Think of a washing machine identified as "Whirlpool", rather than described as coming from a company founded over 100 years ago in St.

Law 126

Law Trademark Public Domain Licensing 126

TorrentFreak

OCTOBER 10, 2022

The mainstream file-sharing scene is well-known for its public-facing websites and forums but underneath all of that, chat channels have always played a big role. Internet Relay Chat (IRC) was a popular option when BitTorrent sites ruled the waves. Many sites had channels serving as community hubs on one hand, and portals to the latest files on the other.

Advertising 144

Advertising Advertising Cinema Copyright Infringement 144

Patently-O

OCTOBER 14, 2022

Christopher Rudy filed his fishing hook patent application back in 1988 with a file-wrapper-continuation in 1989. At the time he was already a patent attorney and so worked his own case. But, the USPTO offered some resistance. The BPAI/PTAB issued three different opinions on record, and the Federal Circuit also issued a 2020 decision holding that some of the claims were directed to the unpatentable abstract of “selecting a fishing hook based upon observed water conditions.” In re

Patent Application 124

Patent Application Patent Litigation 124

IP Watchdog

OCTOBER 11, 2022

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies, but that could be about to happen. Negotiations are underway in Geneva over a proposal from “developing countries” that negating patent protections for our COVID-19 vaccines wasn’t good enough. Now they want to extend that foolish concession we agreed to earlier this year to any COVID therapy.

Technology 126

Technology Patent Government Intellectual Property 126

SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”). Such works qualify as ‘computer generated works’ under the Indian Copyright Act.

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Registration Art Copyright Artwork 124