Hugh Stephens Blog

AUGUST 3, 2021

On July 30 the Supreme Court of Canada (SCC) delivered what can only be described as body blow to the management of collective rights in Canada, although the collective society at the centre of the action, Access Copyright, pointed out in its press release that the Court “refuses to legitimize uncompensated copying by the education … Continue reading "Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed"

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Licensing Copying Copyright 246

Plagiarism Today

AUGUST 3, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Twitter Is Turning a Blind Eye to Music Copyright Infringement, Group of U.S. Reps Says. First off today, Todd Spangler at Variety reports that a bipartisan group of 22 members of the House of Representatives have sent a letter to Twitter CEO Jack Dorsey demanding that the company do more to tackle the issue of copyright infringement on its service.

Copyright Infringement 246

Copyright Infringement Music Plagiarism Licensing 246

Erik K Pelton

AUGUST 3, 2021

This week is the decathlon at the Tokyo summer Olympics. It is one of my favorite events, because it is test of versatility and overall athleticism in track and field. To win, one must be well rounded and very good in all 10 events. And there are 10 trademark events that – if a brand owners is very good in most or all of them – will build a strong and protected brand.

Brands 208

Brands Branding Branding Trademark 208

JD Supra Law

AUGUST 6, 2021

Case Name: UCB, Inc. v. Actavis Labs. UT, Inc., Civ. No. 19-474-KAJ, 2021 WL 1880993 (D. Del. Mar. 26, 2021) (Jordan, J.) - Drug Product and Patent(s)-in-Suit: Neupro® (rotigotine); U.S. Patent No. 10,130,589 (“the ’589 patent”).

Patent 145

Patent 145

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

AUGUST 4, 2021

The music industry is convinced. Downloading music from public streaming services, YouTube in particular, is the greatest piracy threat to the industry. The RIAA and several key music labels are doing everything in their power to counter this menace. They’ve sued several YouTube download sites, removed streamripper URLs from search engines, and most recently they targeted the open-source tool youtube-dl as well.

Music 145

Music Government Business Copyright 145

Plagiarism Today

AUGUST 2, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. First off today, Blake Brittain at Reuters reports that U.S. District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law.

Copyright Infringement 246

Copyright Infringement Licensing Reporting Copyright Law 246

The IPKat

AUGUST 1, 2021

Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 5(2)(b) of the InfoSoc Directive , in particular regarding "communication to the public". The referrals stem from two cases, unrelated to one another except for the underlying legal issues that are the subject of the referrals.

Television 145

Television Art Advertising Advertising 145

TorrentFreak

JULY 31, 2021

Attracting billions of eyeballs from all over the world, the Summer Olympics is the most watched sporting event. While sports achievements are the main focus, the opening ceremony attracts one of the biggest audiences. This was no different last Friday when the Tokyo 2020 officially opened. In the past, we also noticed a massive interest in the Olympics on various pirate sites.

Copying 145

Copying Reporting Technology Copyright 145

Plagiarism Today

AUGUST 3, 2021

Though the name Anu Malik might not be especially well-known outside of India, within the country he is an accomplished music director with a three-decade career and is best-known for composing songs for Indian films. Among his work is the song Mera Mulk Mera Desh , which was from the 1996 film Diljale. The soundtrack for the film, including that song, went on to be a major success, but the film itself went on to be classified as a “semi-hit” in the country.

Plagiarism 246

Plagiarism Music Copying 246

Erik K Pelton

AUGUST 2, 2021

Trademark registration guards a brand in the USPTO database 24 / 7/ 365 when other people are research new brand name possibilities, and when examiner are reviewing new trademark applications for possible conflicts. This is a tremendous benefit and value – just one of many that comes with trademark registration. For more PELTONISMS®, see: [link].

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Registration Brands Branding Branding 147

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

Technology & Marketing Law Blog

AUGUST 3, 2021

Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute. My summary of the statute: Scope of coverage : The statute applies to causes of action based on: (1) a person’s statement to a governmental body; (2) a statement on an issue under consideration by a governmental body; and (3) an exercise of someone’s First Amendment rights under the state or federal constitutions “on a matter of publ

Law 144

Law Litigation Government Advertising 144

TorrentFreak

AUGUST 4, 2021

With millions of visitors every month, 4anime was a force to be reckoned with in the pirated anime streaming market. As a result it attracted the negative attentions of rightsholders, some of whom moved to have the platform blocked by Australian ISPs. However, last month the show was abruptly over after 4anime took the decision to close itself down.

Intellectual Property 145

Intellectual Property Marketing Marketing Law 145

Plagiarism Today

AUGUST 4, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Jamaica Olympian Elaine Thompson-Herah Booted From Instagram Over Copyright Violations. First off today, Ryan Gaydos at Fox News reports that Jamaican sprinter Elaine Thompson-Herah has been suspended from Instagram after she posted videos of her races to the service.

Copyright Infringement 246

Copyright Infringement Licensing Plagiarism Copyright 246

IP Watchdog

AUGUST 2, 2021

With the value of his music catalogue still subject to an ongoing dispute between the trust managing his estate and the IRS, Prince, who died in 2016, has a new partner. Primary Wave, whose catalog includes songs by Nirvana, Bob Marley, Ray Charles and Smokey Robinson, has taken a roughly 50% stake in Prince’s estate, buying out the interests of three of the late musician’s siblings.

Intellectual Property 137

Intellectual Property Music Ownership IP 137

SpicyIP

AUGUST 1, 2021

Image with the text ‘open the gate’ (Image from here ). In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions.

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Reporting Patent Law Patent Application Patent 136

TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. However, posting content within these parameters is no guarantee against legal action, as a case in Australia now shows.

Government 145

Government Copyright Law Copyright Law 145

Plagiarism Today

AUGUST 5, 2021

In a story that is becoming all-too-familiar, another school superintendent’s career may be in jeopardy following plagiarism in a commencement speech. This story involves Matthew Strine, the current superintendent of the South MIddleton School District in Pennsylvania. During a graduation speech, he gave to Bolling Springs High School on June 10, he repeatedly took language from a 2011 address actress Amy Poehler gave at Harvard University.

Plagiarism 246

Plagiarism Contracts Law 246

The IPKat

AUGUST 2, 2021

Kat friend Francisco Martínez summarizes the main points of the Bitcoin law recently enacted in El Salvador. On June 8, 2021, the Legislative Assembly of El Salvador adopted the Bitcoin Law, which will enter into force on September 9, 2021. The law aims to promote economic growth for the country and to facilitate greater financial inclusion of its population, 70% of which does not have access to traditional financial services.

Government 135

Government Licensing Law Marketing 135

SpicyIP

AUGUST 6, 2021

Last month, the Delhi HC refused to interfere with two orders by Shakdher J. and Gupta J. denying injunctions to AstraZeneca against 9 generic drugmakers manufacturing its anti-diabetic drug Dapagliflozin. While the issues and arguments are largely the same as the earlier order I discussed in November, the court has made some interesting observations about the nature of a patentee’s exclusive right.

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Patent Invention Inventor Law 134

TorrentFreak

AUGUST 5, 2021

In March of 2019, several major music companies sued Charter Communications, one of the largest Internet providers in the US with 22 million subscribers. Helped by the RIAA, Capitol Records, Warner Bros, Sony Music, and others accused Charter of deliberately turning a blind eye to its pirating subscribers. Among other things, they argued that the ISP failed to terminate or otherwise take meaningful action against the accounts of repeat infringers, even though it was well aware of them.

Music 144

Music Copyright Infringement Copyright Copying 144

Technology & Marketing Law Blog

JULY 31, 2021

Instacart uses Stripe as a payment processor. Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. This is what the court’s opinion had. The applicable disclosures are in the bottom right of the screenshot). The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons.

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Privacy Technology Blogging Marketing 135

IP Watchdog

AUGUST 3, 2021

Few events capture the attention of the world like the Olympic Games. Around the globe and across the country, people tune in nightly to watch their nation’s athletes compete for a spot on the medal stand. But behind the breathtaking gymnastics performances and thrilling swimming races is some of the most valuable intellectual property in sports. And the United States Olympic & Paralympic Committee (USOPC)—the organizing body in charge of the nation’s Olympic efforts—is just as serious abou

Trademark 132

Trademark Intellectual Property IP 132

Patently-O

AUGUST 4, 2021

Guest Post by Meshandren Naidoo and Dr. Christian E. Mammen. A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Over the past three years, the AI algorithm DABUS (short for Device for the Autonomous Bootstrapping of Unified Sentience) and its team of supporting humans, including Dr.

Invention 128

Invention Patent Inventor Intellectual Property 128

TorrentFreak

JULY 31, 2021

In the United States, broadcaster DISH Network has filed dozens of lawsuits targeting the operators of numerous streaming platforms, usually based on relatively straightforward violations of either the Copyright Act or the Federal Communications Act. A new lawsuit filed this month based on the anti-circumvention provisions of the DMCA addresses the same problem from an interesting angle.

Technology 142

Technology Artwork Television Copyright 142

The IPKat

AUGUST 2, 2021

Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right. The request for preliminary ruling by the Court of Justice of the European Union (CJEU) originates from the German Federal Court of Justice (Bundesgerichtshof).

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Designs Design Art Law 128

IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. The Honorable Justice Beach, in a very thorough judgment, set aside the decision of the Deputy Commissioner of Patents that patent application no. 2019363177 did not comply with reg 3.2C(2)(aa) of the Patents Regulations 1991 (Cth), which “requires that the applicant, who in this case is Dr Stephen Thale

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Inventor Invention Ownership Patent Application 131

Patently-O

AUGUST 3, 2021

by Dennis Crouch. This decision shows how potential defendants can easily use their corporate structure to shelter a parent company from having to defend against patent infringement lawsuits. Andra Group v. Victoria’s Secret Stores ( Fed. Cir. Aug 3, 2021 ). Andra sued Victoria’s Secret for infringing its US Pat. 8,078,498 covering a lingerie virtual showroom.

Brands 126

Brands Branding Branding Business 126

TorrentFreak

AUGUST 2, 2021

More than a year after Grammy award-winning musician Maria Schneider filed a class action lawsuit against YouTube, claiming massive infringement on the platform and serious deficiencies in copyright enforcement measures, the parties are still bumping heads in court. Schneider’s grievances are wide-ranging and include allegations that YouTube restricts access to its takedown tools, profits from piracy, and fails to disconnect repeat infringers due to them receiving ‘protection’ under

Publishing 140

Publishing Licensing Copyright Litigation 140

The Illusion of More

AUGUST 3, 2021

Recently, the New York and Maryland state legislatures passed nearly identical eBook licensing bills (and Rhode Island had a sister bill in the works) responding to complaints of inequity by various library associations. Couched in the rhetoric of seeking “reasonable terms” on behalf of readers, and claiming to be neither anti-publisher nor anti-author, what the […].

Licensing 126

Licensing Law Publishing Copyright Law 126

IP Watchdog

AUGUST 2, 2021

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § 121. We address whether Sauerberg is consistent with Federal Circuit law and decades of U.S. Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.

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Patent Prosecution Patent Designs Design 130

Legal Zoom

AUGUST 4, 2021

Blockchain technology is revolutionizing business operations, but which blockchain business ideas are practical in the real world? This guide explores realistic implementations for blockchain and explores its effect on small business owners.

Business 122

Business Technology 122

TorrentFreak

AUGUST 5, 2021

Few if any developed countries in the world can say they have conquered the pirate streaming problem. Unlicensed sites and piracy-configured set-top boxes are available almost everywhere, providing access to every movie, TV show and increasingly live TV channels too. Taiwan is no outlier. In 2020, a report from the Asia Video Industry Association’s Coalition Against Piracy (CAP) revealed that 28% of consumers use devices that can stream pirated content. with those branded QBox, Ubox and EVPad pr

Reporting 142

Reporting Intellectual Property Licensing Copyright 142

Likelihood of Confusion

AUGUST 4, 2021

One of the dumbest things people — overlawyered, and, sadly, mainly professionally-licensed people — have tried to do to avoid negative online reviews is to find ways of claiming some. The post Decline and fall of the dumb copyright trick appeared first on LIKELIHOOD OF CONFUSION™.

Copyright 119

Copyright Licensing Copyright Law Law 119

IP Watchdog

AUGUST 6, 2021

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday underscored its October 2020 ruling that generic company, Teva Pharmaceuticals, was liable for induced infringement of GlaxoSmithKline’s (GSK’s) patent directed to a method of treating Congestive Heart Failure (CHF) using carvedilol. The court clarified, however, that its ruling should apply only narrowly to the facts of this particular case.

Patent 125

Patent Patent Infringement Litigation Intellectual Property 125

Legal Zoom

AUGUST 5, 2021

If you have an entrepreneurial dream, crowdfunding may help you make it come true. Learn what's involved and how to succeed in our handy guide.

Business 137

Business 137