Sat.Jan 01, 2022 - Fri.Jan 07, 2022

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What Winnie-the-Pooh Lapsing into the Public Domain Really Means

Plagiarism Today

On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope. However, the name that’s received the lion’s share of the attention has been A.A. Milne’s original Winnie-the-Pooh story.

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What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?

Hugh Stephens Blog

As I noted in my year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year. The federal election last fall put on hold a number of copyright-related issues that were … Continue reading "What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?

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EMP&A Accepting Summer Internship Applications

Erik K Pelton

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Intern(s) will be expected to work approximately 30-40 hours per week, primarily onsite in our Falls Church, VA office (following appropriate COVID safety protocols). Applications will be accepted through January 24, 2022.

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Artificial Intelligence and IP: UK IPO consults a second time

JD Supra Law

At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence. The consultation is seeking evidence and views on the extent to which patents and copyright should protect inventions and creative works made by AI, and also measures to make it easier to use copyright protected material in AI development, to support innovation and research.

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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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5 Copyright Stories to Watch in 2022

Plagiarism Today

A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways. However, in pretty much all the cases below, the table was set for them in years past. But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon.

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“Popcorn Time” Shuts Down Due to a Lack of Use

TorrentFreak

When the original Popcorn Time application launched eight years ago, we billed it as the “ Netflix for Pirates.” The software offered a clean and easy-to-use interface to stream pirated movies and TV shows, all powered by BitTorrent. Rivaling Hollywood and Netflix. In the years that followed Popcorn Time had to endure plenty of legal threats, mostly from Hollywood.

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A Look Back at India’s Top IP Developments of 2021

SpicyIP

Cup of coffee, pen and notepad on wooden background. Top view. Image from here. Here’s wishing all our readers a very happy, safe, and healthy new year! Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). b) Top 10 IP Judgments/Orders (Ju

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When Admitted Plagiarism Doesn’t Cause a Retraction

Plagiarism Today

Yesterday, Ivan Oransky at Retraction Watch posted a truly amazing story. It’s a tale of inaction, even when everyone is asking for it. The story begins in December 2020. That was when Iranian research Behrouz Pourghebleh first noticed an article published in IEEE Access that overlapped some 80 percent with an article he’d co-authored in 2019.

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DMCA-Circumventing Cheat Maker Uses DMCA to Take Down Cracked Copy

TorrentFreak

Over the past couple of years a number of high-profile lawsuits have been filed against individuals and groups who create cheating software for videogames. Companies including Bungie, Riot Games, and Take-Two have all taken cheat makers to court for undermining their gaming environments and business models, claiming that these tools violate the anti-circumvention provisions of the DMCA.

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An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute

Erik K Pelton

What does Benjamin Franklin have to do with trademark protection and trademark disputes? Erik shares five reasons why trademark registration at the USPTO is so valuable. The post An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute appeared first on Erik M Pelton & Associates, PLLC. What does Benjamin Franklin have to do with trademark protection and trademark disputes?

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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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Only in Your Dreams: Patent Stakeholders Share Their IP Wishes for the New Year

IP Watchdog

It's New Year's Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”) Responses this year ranged from the practical (that Kathi Vidal and Leonard Stark will be confirmed to their respective nominations) to the fantastical (the invention of a teleporting machine) – and we even got a poetry

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3 Count: Breaking Up

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 9th Circuit Breaks Up Copyright Class Action Over Concert Archives. First off today, Blake Brittain at Reuters reports that the Ninth Circuit Court of Appeals has broken up a class action lawsuit filed against the concert footage repository Wolfgang’s Vault in what is a major win for the defendants.

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Record Labels Still Want to Know if Piracy Trial Jurors Read TorrentFreak

TorrentFreak

The “repeat infringer” issue remains a hot topic in US courts and several ISPs have been sued over the years. These Internet providers stand accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple ‘copyright infringement’ notifications. The most prominent outcome thus far is the guilty verdict against Cox from late 2019.

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IPKat Book of the Year Awards 2021

The IPKat

Back by popular demand, it is time to vote for your favourite intellectual property law books of 2021! Anyone who managed to publish a book during 2021 most certainly deserves an award in any event, given the added pressures and stresses of the pandemic, but alas there can be only one winner (per category), so vote wisely. As always, readers can vote for books in five categories: Patents, Copyright, Trade Mark, Design and all other Intellectual Property topics including cross-overs.

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The Road Ahead: Predicting IP Developments to Watch in 2022

IP Watchdog

Once again, this year we asked a selection of IP stakeholders to weigh in on what important IP events they see unfolding in the year ahead. While crystal balls were not required, respondents were encouraged to take their best educated guesses about what the future holds for IP in 2022. From the Federal Trade Commission (FTC) to the Supreme Court to the International Trade Commission (ITC), there is a lot to keep on our radar.

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3 Count: Sealed with a Kiss

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Authors Win $7.8 Million Default Judgment in Global Piracy Lawsuit. First off today, Andrew Albanese at Publishers Weekly Reports that a collection of publishers and authors have secured a default judgement against a piracy service named KISS Library, this one awarding them $7.8 million in damages as well as a broad injunction against the site.

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Five ‘Fantastic’ Piracy Predictions for 2022

TorrentFreak

With the empty bottles of sparkling liquid still on the table, TorrentFreak plans to tread into uncharted waters today. We don’t make predictions every year, but when we do, they usually take a while to come true. For example, the “Pirate Coin” we envisioned in 2018 took more than three years to arrive. Sort of. That said, it never hurts to let imaginations run wild for a while, so here’s what we’ve come up with this year.

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Copyright Cases in 2021: A Year In Review

Copyright Alliance

2021 was a roller coaster of highs and lows in copyright litigation. A much-anticipated Supreme Court decision left many scratching their heads, while the Second and Ninth Circuits brought a […]. The post Copyright Cases in 2021: A Year In Review appeared first on Copyright Alliance.

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2021 Patent Grants

Patently-O

Total utility patent grants are down about 7% for calendar year 2021. Still the total ranks as the third highest of all time. The Office has almost eliminated unwanted delay in examination. Right now the delay is about 17 months from filing to first office-action. They really don’t want that to go below 14 months in order to capture 102(a)(2) prior art (former 102(e)).

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3 Count: Calling Duty

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Activision Sues Yet Another Call Of Duty Warzone Cheat Distributor. First off today, Otto Kratky at GameSpot reports that video game publisher Activision has filed yet another lawsuit against an alleged cheat distributor, this one citing violations of the Digital Millennium Copyright Act (DMCA).

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Anti-Piracy Outfit Rightscorp’s Corporate Status is Void Due to Unpaid Tax Bills

TorrentFreak

Backed by the RIAA, several major music industry companies have taken some of the largest U.S. Internet providers to court. The music companies accuse these providers of failing to terminate the accounts of the most egregious pirates by ignoring millions of copyright infringement notices. To make them whole, the labels demand hundreds of millions of dollars in compensation.

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Federal Circuit Says Intel Can Appeal Qualcomm IPRs Despite Lack of Infringement Suit

IP Watchdog

On December 28, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a pair of precedential decisions in appeals raised by chipmaker Intel. These appeals came from final written decisions in several inter partes review (IPR) proceedings challenging the validity of patent claims owned by rival firm Qualcomm. In both decisions, the Federal Circuit found that Intel satisfied Article III standing requirements for appealing from the Patent Trial and Appeal Board (PTAB).

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Around the IP Blogs

The IPKat

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., colour marks and 3D marks) ( MHCS v EUIPO | Case T-274/20 and Guerlain v EUIPO | Case T-488/20), the risks of using a mark in a manner other t

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3 Count: No More Popcorn

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Popcorn Time, the Piracy App That Spooked Netflix, Shuts Down. First off today, Priya Anand at Bloomberg reports that the piracy app Popcorn Time has shuttered its doors, ending a seven-year run where the app was one of the most prominent and popular piracy services.

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YouTube Rippers Oppose $82 Million ‘Piracy’ Damages Recommendation

TorrentFreak

Last October, 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 the order, there is a clear need to deter the behavior of Kurbanov who failed to hand over evidence including server logs.

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Right-to-Repair: Building Back Worse

IP Watchdog

A recent recommendation by the U.S. Copyright Office allowing for the bypassing of technological protection measures (TPMs) in medical devices for purposes of repair, maintenance and service has been adopted and immediately put into effect. This is bad news for patient safety. At a time when we’re loudly and publicly debating the relative merits of the Build Back Better Act, the U.S.

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Copyright law and football matches: impossible to match? (Part I)

Kluwer Copyright Blog

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. The economic value of football broadcasting has reached impressive levels that appeared unthinkable decades ago.

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Background Reports Protected by Section 230–Dennis v. MyLife

Technology & Marketing Law Blog

Plaintiffs sued MyLife for selling background reports about them and furnishing “public reputation scores.” MyLife aggregates its data from third-party sources, but the plaintiffs “seek to hold Defendant liable for packaging and re-publishing this information on its website without their permission.” Article III Standing. The plaintiffs have standing because “both Plaintiffs have pleaded a concrete harm under a disclosure theory, as they allege that MyLife dissemina

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Huge New Global Anti-Piracy Coalition Will Tackle Manga & Anime Piracy

TorrentFreak

In the summer of 2017, some of the world’s largest entertainment groups formed a huge coalition with a mission to reduce online piracy. Comprised of more than 30 companies, the Alliance for Creativity is now at the forefront of global anti-piracy enforcement. By combining its members’ resources to tackle infringement wherever it may occur in the world, the cross-border nature of piracy is now being addressed more effectively.

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Tillis Backs Vidal for USPTO Head, Dubbing Her a ‘Visionary Leader’

IP Watchdog

Senator Thom Tillis has come out on the record in support of Kathi Vidal to be the next Director of the U.S. Patent and Trademark Office (USPTO), on the eve of a Senate Judiciary Committee vote on her confirmation. Despite recent scrutiny of her ties to big tech and Silicon Valley, Tillis in a statement today said that he was satisfied with Vidal’s responses to his “tough questions” during the confirmation hearing process and feels he has received her commitment that she will continue the reform

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Silence May Support Negative Claim Limitation

JD Supra Law

NOVARTIS PHARMACEUTICALS v. ACCORD HEALTHCARE INC. Before Moore, Linn, and O’Malley. Appeal from the United States District Court for the District of Delaware. Summary: A patent application that was silent about a “loading dose” of a drug provided written description support for a negative claim limitation requiring the absence of such a dose.

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Copyright law and football matches: impossible to match? (Part II)

Kluwer Copyright Blog

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. The principle of non-protection of football matches as such by copyright law (see Part I of this blogpost ) does not preclude the possibility of protection for the filming

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Tarantino’s NFT Auction Goes Ahead Despite Miramax Copyright Lawsuit

TorrentFreak

Non-fungible tokens, or NFTs, have been booming over the past year. People are willing to pay millions of dollars in return for the rights to unique digital assets as well as any perks that come with them. These NFTs are not without copyright issues. For example, some artists have found their works being sold as NFTs without their permission. There are also more complex copyright angles too, as Quentin Tarantino discovered a few weeks ago.

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Federal Circuit Says PTAB Erred by Accepting Stipulation of Parties

IP Watchdog

According to Judge Taranto, when the issue of indefiniteness of claims is raised in an IPR the challenge is not merely a contest between the petitioner and the patent owner, but rather protects the interests of the judicial system, the agency, and the public. Therefore, the Board should have conducted a prior-art analysis without any consideration of or deference to the stipulation of the parties, and entry of a final written decision on the merits absent such an independent consideration was in

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The Top Ten TTAB Decisions of 2021 (Part II)

The TTABlog

This is the second of two posts; the first five (5) selections were posted here yesterday. Additional commentary on each case may be found at the linked TTABlog post. The cases are not necessarily listed in order of importance (whatever that means). The United States Olympic Committee v. Tempting Brands Netherlands B.V. , 2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C.