Plagiarism Today
MARCH 3, 2022
Last week, Retraction Watch published a guest post by Steve Haake , a professor of sports engineering at Sheffield Hallam University in the UK. In it, he tells the story of a retraction that was literally more than a decade in the making. The retraction was of a letter written by Paul McCrory and published by the British Journal of Sports Medicine (BJSM) in 2005.
Hugh Stephens Blog
MARCH 3, 2022
When it comes to online safety—or its flip side, online harms—many countries are grappling with the problem. What is the role of government in establishing guidelines and regulations for the protection of citizens, particularly vulnerable segments of the population, from a range of harms perpetrated by anti-social and even criminal elements via the internet?
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Intellectual Property Law Blog
FEBRUARY 28, 2022
In its recent decision in Caltech v. Broadcom Limited, et al , [1] the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR] petition.” (emphasis added). In its decision, the court overruled Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. , [2] which previously explained the meaning of “during an IPR” when analyzing the scope of IPR estoppel.
Erik K Pelton
FEBRUARY 28, 2022
The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. I don’t know where the phrase “ the sum is greater than the parts ” came from, but I do know that it has many applications. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.
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?
Plagiarism Today
MARCH 3, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Dua Lipa Sued for Alleged Copyright Infringement Over Hit Single Levitating. First off today, Murray Stassen at Music Business Worldwide reports that musician Dua Lipa has been hit with a copyright infringement lawsuit that claims her 2020 hit Levitating is an infringement of an earlier song.
TorrentFreak
MARCH 1, 2022
In the past, The Pirate Bay was often actively involved in political discussions and debates. We haven’t seen much of that in recent years but the Russian invasion of Ukraine has struck a nerve. Over the past weekend, the notorious torrent site replaced its pirate ship logo. Instead, it showed the “ Uprising ” music video of the Swedish heavy metal band Sabaton, which is about the Warsaw Uprising of 1994. “Is history repeating itself?
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
MARCH 3, 2022
Last month, I appeared before the Senate Standing Committee on Legal and Constitutional Affairs to discuss Bill S-210, a bill that aims to limit minors’ access to pornography sites by implementing age verification and website blocking requirements. I warned that face recognition technologies, which are often used for age verification, raise serious privacy risks and that website blocking would have negative consequences for freedom of expression.
Technology & Marketing Law Blog
MARCH 2, 2022
Thaler filed an application to register the copyright in this work, entitled “A Recent Entrance to Paradise”: Thaler explained the work “was autonomously created by a computer algorithm running on a machine” and he was “seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine.”. The Copyright Office repeatedly refused to register the work for lack of authorship.
TorrentFreak
FEBRUARY 27, 2022
For online media consumers, things have improved significantly over the years. More content is made available globally than ever before. In today’s on-demand society this is particularly important for new content. A geographical delay of a few days can be sufficient to drive some people to pirate sites. “Friends” Pirates. Availability is not only important for new releases though as iconic movies and TV shows always stay in high demand.
IP Watchdog
MARCH 2, 2022
Last week, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Eastern District of Virginia affirming the United States Patent and Trademark Office (USPTO) Director’s vacatur of ex parte reexamination proceedings based on the estoppel provision of the inter partes review (IPR) regime.
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The IPKat
FEBRUARY 28, 2022
Since the 31st of January 2020 the United Kingdom is no longer part of the European Union (‘EU’). With respect to trade marks, the departure of the UK has specific legal consequences. Article 54(1)(a) of the Withdrawal Agreement stipulates that holders of an EUTM registered or granted prior to the end of the transitional period (31 December 2020), will, by virtue of law, be granted a trade mark in the United Kingdom, consisting of the same sign, for the same goods or services.
Technology & Marketing Law Blog
FEBRUARY 27, 2022
by guest blogger Kieran McCarthy. Those interested in web scraping legal issues had high hopes that the Supreme Court’s opinion in Van Buren v. United States last summer would provide clear guidelines on which types of online data access were permissible and which were not. And while most would agree that the Supreme Court avoided a worst-case scenario with its decision, it didn’t give us what many were hoping for.
TorrentFreak
MARCH 1, 2022
In 2018, broadcaster DISH Network sued the people behind pirate IPTV service SetTV for illegally obtaining the company’s broadcasting from its satellite service and redistributing them online. At a Florida court, DISH and encryption partner NagraStar sued several individuals, companies and trusts collectively doing business as SetTV via the domain settvnow.com.
Patently-O
MARCH 1, 2022
by Dennis Crouch. I’ve got three charts to show you below. The first and second are histograms showing the number of claims per US utility patent – 2021 and 2006 issue dates respectively. You’ll notice that the 2021 histogram has a much stronger central tendency focused on the buffet-limit of 20 claims. The 2006 patents are significantly more spread, with many more patents under and over 20-claims mark.
IP Watchdog
FEBRUARY 28, 2022
The European Patent Office (EPO) recently published its Guidelines for Examination 2022, which come into force on March 1. Compared to previous years, the volume of changes is much smaller, and this witnesses the effort by the EPO in past years to arrive at a more stable text of the Guidelines, particularly concerning the software patentability and biotech sections.
SpicyIP
FEBRUARY 28, 2022
We’re pleased to inform you that Third World Network and Inter University Centre for IPR Studies (IUCIPRS), CUSAT are jointly organising a free online workshop on ‘Access to Medicines TRIPS and Patents’ from 10th March to 8th April, 2022. The deadline for registration is 5th March, 2022. Online Course/Workshop on Access to Medicines TRIPS and Patents.
TorrentFreak
FEBRUARY 28, 2022
Late September 2021, a group of independent movie companies filed a lawsuit against DataCamp, alleging that the CDN company provided services to several VPN providers. According to that complaint, DataCamp failed to terminate the accounts of these providers after being sent several warnings. As a result, the company was accused of contributory and vicarious copyright infringement alongside calls for an injunction.
IPilogue
MARCH 4, 2022
Maria Prymachenko, A Dove Has Spread Her Wings and Asks for Peace (1982). Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. On February 25, invading Russian forces burned the Ivankiv Historical and Local Museum, and the many culturally and historically significant pieces it housed, to the ground. The Museum’s collection included roughly 25 paintings by Maria Prymachenko, the celebrated Ukrainian artist world-famous for her colourful folk art style.
IP Watchdog
MARCH 2, 2022
On February 24, 2022, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20–915 (Feb. 24, 2022). The Court held that a copyright registration applicant, if unaware of legal inaccuracies in a copyright application, does not submit those inaccuracies “knowingly” for purposes of Section 411(b)(2), and as such, does not lose the protections of the Copyright Act’s safe harbor for registrations with inaccuracies.
SpicyIP
MARCH 3, 2022
We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality.
TorrentFreak
FEBRUARY 26, 2022
In July 2021, Norway’s DN.no news service reported (paywall) on the plight of Fabel, a local platform dedicated to the distribution of audiobooks. The report indicated that large parts of the Fabel catalog were being distributed for free on an unnamed pirate site. The publication managed to track down Russian man Nikita Volgin, who claimed to have connections to the platform.
Kashishipr
MARCH 2, 2022
What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. It will surely declare your exclusive Trademark Rights to a logo or name; however, it is essential to note that you can lose those rights just as easily as you acquired them.
IP Watchdog
MARCH 1, 2022
The U.S. Patent and Trademark Office (USPTO) ruled in an interference proceeding yesterday that The Broad Institute, Inc., Massachusetts Institute of Technology, and President and Fellows of Harvard College (“Broad”) have priority over The Regents of the University of California, University of Vienna, and Emmanuelle Charpentier (“CVC”) with respect to who was first to invent the use of single-guide CRISPR-Cas9 genome engineering technology in eukaryotic cells.
IPilogue
MARCH 1, 2022
Image by Tim Mossholder ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . From the limited scope of my research as a 1L student, as well as my personal interest, I have noticed a lack of creative voices within the legal realms that apply to them. On the one hand, social media has enabled global sharing of news and creative media.
TorrentFreak
FEBRUARY 28, 2022
Last week, Kanye West dropped his latest album ‘ Donda 2 ‘ As previously announced, this is no regular release. The album is not available on Spotify, Apple, or any of the other major streaming platforms. Instead, fans who want to listen to the tracks have to purchase Kanye’s Stem Player, a $200 audio device. “Today artists get just 12% of the money the industry makes.
Velocity of Content
FEBRUARY 28, 2022
Craft beers, artisanal cheeses, small-batch bourbons – these and many other niche businesses thrive today by providing quality products for audiences seeking value and exceptional experiences. So why not “small-batch publishing”? Caleb Mason runs Publerati , his independent publishing enterprise, from his home on Vinalhaven , a coastal Maine island reached by a 75-minute ferry ride.
IP Watchdog
FEBRUARY 26, 2022
An IP announcement that may have slipped past you in the last few weeks is that China will now become a part of the Hague System for the International Registration of Industrial Designs. The Act will officially enter into force on May 5, 2022. Does this make a difference to you and your clients? Yes, in a very, very big way. Back in the mid-1990s, I had a key client operating out of Hong Kong, prior to the transfer of sovereignty from the UK back to China.
Kluwer Copyright Blog
MARCH 2, 2022
Photo by AbsolutVision on Unsplash. The buzz around AI-generated outputs seems to never stop. While the field is rich on exaggerated claims, there are certain domains that have seen a genuine revolution fueled by AI. One such field is journalism. In the past years, sophisticated AI algorithms have become a meaningful assistant in the European news industry.
TorrentFreak
MARCH 3, 2022
As the world’s leading free distributor of millions of oftentimes ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. While this status warms the hearts of many researchers, academics and students around the world, especially those with limited resources available to access education, Sci-Hub has also accrued many high-powered enemies.
Velocity of Content
MARCH 4, 2022
Days after Russian president Vladimir Putin began an invasion of Ukraine with unprovoked attacks by land, sea and air, an alliance of Russian book publishers, booksellers, editors, translators, critics, illustrators, designers, typesetters, proofreaders, printers, librarians, and booksellers, issued an online protest. “The war must cease immediately, and the initiators and participants of the military aggression must be stripped of their ranks and titles and brought to justice,” a group state
IP Watchdog
MARCH 2, 2022
On February 21, Houston, Texas-based professional photographer Jim Olive filed a reply brief with the U.S. Supreme Court in defense of its petition for writ of certiorari asking the nation’s highest court to grant an appeal in Olive’s copyright infringement suit against the University of Houston System. This case is one of two separate suits seeking to hold Texas public universities accountable for copyright infringement; while sovereign immunity defenses have staved off liability thus far, a re
Copyright Alliance
MARCH 3, 2022
Court Decision in Unicolors v. H&M a Boon for Individual Creators as Court Closes Administrative Loophole Used by Infringers It was about this time last year that we all were […]. The post Supreme Court (Finally) Renders a Copyright Decision That’s Not for the Birds? appeared first on Copyright Alliance.
TorrentFreak
MARCH 2, 2022
MG Premium, part of the Mindgeek adult empire, had been homing in piracy platforms YesPornPlease.com and VShare.io for some time. In 2019 the Brazzers owner obtained a DMCA subpoena requiring Cloudflare to hand over the personal details of the sites’ owners. In January 2020, YesPornPlease had around 100 million visitors per month (SimilarWeb stats) so any information would’ve been useful to MG Premium.
SpicyIP
MARCH 4, 2022
We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v.
IP Watchdog
MARCH 2, 2022
The U.S. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. The U.S. District Court for the Northern District of Texas dismissed with prejudice Continental’s Sherman Act claims for lack of antitrust standing and, alternatively, for failure to plausibly pl
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