Erik K Pelton
JULY 5, 2022
The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. The reason is twofold. Number one is I’ve got a new tool to help you decipher whether or not something you received in the mail might be a trademark scam.
Plagiarism Today
JULY 6, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Royalty Board Confirms Streaming Royalty Raise for Publishers and Songwriters. First off today, Jem Aswad at Variety reports that, in the United States, the Copyright Royalty Board (CRB) has reaffirmed the 15.1% headline rate for the 2018-2022 period. The rate was originally decided in 2018 but all the major streamers, barring Apple, appealed it saying that the increase was too great.
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Hugh Stephens Blog
JULY 5, 2022
At the recent 12th WTO Ministerial meeting, the first in more than four years (because of COVID), Trade Ministers reached agreement on several key decisions.
TorrentFreak
JULY 5, 2022
Notable for their rise and public demise, piracy-related brands such as Napster, LimeWire, and Megaupload are still widely recognized today, despite their shutdowns long ago. Then there’s The Pirate Bay, a site that has endured almost 20 years of chaos yet still hasn’t fallen, largely due to the groundwork of three instantly recognizable figureheads – Peter Sunde, Fredrik Neij and Gottfrid Svartholm.
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?
Erik K Pelton
JULY 5, 2022
Book titles are special in the world of trademarks. Watch or listen to this episode as Erik reveals why they are harder to protect, and how authors can possibly workaround this situation. The post How to Protect a Book Title appeared first on Erik M Pelton & Associates, PLLC. Book titles are special in the world of trademarks. Watch or listen to this episode as Erik reveals why they are harder to protect, and how authors can possibly workaround this situation.
Plagiarism Today
JULY 6, 2022
With the summer months upon us, many students are preparing for the next phase of their academic journey. Whether that is going to university, starting grad school or simply entering high school, it’s a time of change in academia. However many of those students are unprepared or at least under prepared for the standards they will be held to. Confusion about plagiarism is rampant, and it is only getting worse.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JULY 4, 2022
When video and broadcasting companies take on their pirate site competitors it’s only natural that once they have their day in court, measures are taken to ensure the sites don’t just simply come back online. While even airtight injunctions can’t work miracles, they do make it easier to disrupt a pirate site’s business to the point that it may not be worth carrying on.
IP Watchdog
JULY 7, 2022
The debate over patent reform is heating up again. Last month, Google published a blog post on patent reform, purportedly aimed at promoting American innovation. In it, Google decried the rising tide of “wasteful patent litigation,” railed against the disfavored practice of “forum shopping” and advocated for pending legislation aimed at making it easier for large companies to challenge the validity of patents owned by smaller rivals — all in the name of promoting a patent system that “incentiviz
SpicyIP
JULY 4, 2022
[This post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is an attorney at IRA Law and a former Senior Resident Fellow at Vidhi. Rahul is a Rhodes Scholar (2018) and has worked as a law clerk for Justice D. Y Chandrachud (2020-21). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here.
Patently-O
JULY 8, 2022
Tris Pharma v. Actavis Labs (Fed. Cir. 2022) ( non-precedential opinion ). One quirk of the Patent Act is Section 271(e), which creates infringement liability for simply seeking FDA approval to market a generic version of an already approved drug. 35 USC 271(e). Here, Actavis filed an Abbreviated New Drug Application (ANDA) seeking FDA approval to market a “liquid methylphenidate (MPH) oral suspension.” This is the same drug found in Ritalin and used to treat ADHD and other neurolo
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TorrentFreak
JULY 5, 2022
Internet providers are generally seen as neutral service providers but according to several record labels, some of these companies willingly profit from piracy. In recent years we have seen several lawsuits against ISPs including Charter, Cox, RCN, and Bright House, which are accused of failing to terminate repeat copyright infringers. Music Industry vs.
IP Watchdog
JULY 6, 2022
Last week, the Supreme Court refused certiorari in yet another patent eligibility appeal. I’ve lost count as to how many times the Court has refused to provide clarity to the fundamental question of patent eligibility since it last muddied the waters in Alice back in 2014. I stopped counting several years ago, when the number of petitions—pleas begging for help really—crossed over 50.
SpicyIP
JULY 3, 2022
We are pleased to present this piece by Mr. Rajesh Kumar and Ms. Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house).
Christopher Roser
JULY 5, 2022
Lean manufacturing aims to improve manufacturing. In this post, I would like to look at the 6R goals and clarify them. The 6R are right product, right place, right time, in the right quantity and quality, and at the right cost. It has a lot to do with logistics, not only for the final product, Read more. The post The 6R Goals of Lean Manufacturing first appeared on AllAboutLean.com.
TorrentFreak
JULY 3, 2022
Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Several game companies including Take-Two Interactive and Epic Games have taken cheaters to court in the US. More recently, American video game developer Bungie has been rather active as well. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.
The IPKat
JULY 4, 2022
In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines. But is the EU press publishers’ right a model for other legislatures to follow too?
McKinsey Operations
JULY 6, 2022
Plastics are frequently criticized for everything from their toxicity to their contributions to ocean pollution, but they play an important role in reducing greenhouse gas emissions.
IP Watchdog
JULY 5, 2022
Starting August 6, 2022, the U.S. Patent and Trademark Office (USPTO) will require all trademark filers to verify their identities in order to file electronic trademark forms. The move comes as an attempt to stop trademark scam entities and was announced in a blog post penned by USPTO Director Kathi Vidal and Commissioner for Trademarks David Gooder last week.
TorrentFreak
JULY 6, 2022
In response to a call for evidence from the House of Lords Committee on the Fraud Act 2006 and Digital Fraud, various companies, groups and organizations have been submitting their views on how the UK can tackle the rise in fraud. The consultation closed last month and among the submissions is one headed up by the MPA with support from various entities including BBC, BPI, BSkyB, Premier League, FACT, IFPI, ITV, Publishers Association and UK Music.
IPilogue
JULY 5, 2022
Serena Nath is an IPilogue Writer and a rising 2L JD candidate at Osgoode Hall Law School. Typically, the name “Vogue” evokes the highly popular fashion and lifestyle magazine or the song “Vogue” by Madonna. But the original “Vogue” actually refers to the a village in Cornwall, and named after this village is a pub. However, for Condé Nast, the publisher of Vogue the magazine, having a pub called “Vogue” was an issue.
SpicyIP
JULY 3, 2022
The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure.
IP Watchdog
JULY 4, 2022
As we’re all aware by now, the U.S. Supreme Court denied the petition in American Axle & Mfg., Inc. v. Neapco Holdings LLC late last week, in its last Orders List of the term. This leaves it up to Congress and the U.S. Patent and Trademark Office (USPTO) to restore any semblance of clarity on U.S. patent eligibility law for now. In a statement sent to IPWatchdog following the denial, the U.S.
TorrentFreak
JULY 8, 2022
Tackling online piracy is a complicated endeavor that can easily backfire. This is also true for takedown notices. Week in and week out, rightsholders send millions of DMCA takedown notices to help take infringing content offline. However, there can be serious collateral damage as well. In the past, there have been many examples of takedown abuse. DMCA notices have been used to silence critics , stifle competition , or earn millions of dollars by claiming ownership of content created by others.
McKinsey Operations
JULY 8, 2022
Customer experience is more important than ever—yet it has never been more challenging as companies face a perfect storm of increasing call volumes, talent shortages, and rising customer expectations.
The Trichordist
JULY 8, 2022
David is petitioning the Supreme Court of the United States to stop Google's cy pres payola system of class action settlements. This is David's third trip to the Supreme Court. This time, 21 state attorneys general agree.
Technology & Marketing Law Blog
JULY 8, 2022
A high school teacher allegedly used Snapchat to groom a sophomore student for a sexual relationship. (Atypically, the teacher was female and the victim was male, but the genders are irrelevant to this incident). Among other defendants, the victim sued Snapchat for negligence. The court treats this as an easy Section 230 case: ICS Provider. Undisputed, plus Lemmon v.
TorrentFreak
JULY 7, 2022
Amidst growing concerns surrounding online privacy and security, VPN services have become increasingly popular in recent years. Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. As with regular Internet providers, a subsection of these subscribers may be engaged in shady activities. This can create serious problems.
Intellectual Property Office Blog
JULY 6, 2022
At the Intellectual Property Office we like to celebrate intellectual property every day. British IP Day, however, gives us that extra excuse for sharing some great IP success stories. We spoke to three very different companies whose valuable Intellectual property has elevated their success to another level. Together with support from Local Enterprise Partnerships, the Growth Hubs and partners Innovate UK Edge, they have used IPO’s free IP business tools and the IP Audit scheme to identify and u
IP Watchdog
JULY 2, 2022
Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law? Over the course of the last two months, the general public has tracked what started out as a phishing scam involving actor Seth Green’s NFT from the Board Ape Yacht Club.
Technology & Marketing Law Blog
JULY 5, 2022
This case involves a pseudonymous Twitter account, “@ CallMeMoneyBags.” The account tweeted some remarks, including photos, critical of billionaire Brian Sheth. Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. Bayside claims Sheth doesn’t own the entity, but circumstantial evidence, combined with Bayside’s lack of candor, strongly suggest some ties be
TorrentFreak
JULY 4, 2022
There is no denying that the Alliance for Creativity and Entertainment ( ACE ) has been rather successful over the past few years. The anti-piracy group, which represents prominent rightsholders such as Apple, the BBC, Canal+, Disney, Sky, Netflix, and Warner Bros, systematically hunts down key piracy players. ACE is well connected with law enforcement around the world and continues to expand its user base.
The IPKat
JULY 7, 2022
Three-dimensional marks are notoriously difficult to register. Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape. All this said whether or not a three-dimensional shape may be registered as an EU trade mark (EUTM) does not depend on the applicant’s intention in seeking registration (unless we are dealing with bad faith), but rather comes down to
IPilogue
JULY 6, 2022
Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The May 18 th 2022 decision by Judge Rakoff for a motion to dismiss in the case of Hermès International and Hermès Paris, Inc v Mason Rothschild clarified the applicability of Rogers v Grimaldi and the Polaroid likelihood-of-confusion factors on NFTs containing trademarks for artistic expression.
McKinsey Operations
JULY 5, 2022
Five major trends are affecting business mobility payments. Adapting to a changing technological environment and customer needs can help companies win in this emerging ecosystem.
TorrentFreak
JULY 8, 2022
It’s been 16 years since music industry group IFPI pressured Danish ISPs to block Russian music site AllofMP3. In 2022, most major audiovisual rightsholders are involved in the practice. Pioneered by the Premier League and its anti-piracy partners, pirate IPTV injunctions now provide authority for sophisticated flexible blocking, edging ever closer to the Holy Grail of real-time stream disruption.
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