September, 2022

How are the First Copyright Claims Board Cases Ending?

Plagiarism Today

The Copyright Claims Board (CCB) is the new copyright small-claims court that was introduced in the CASE Act, which as passed in December 2020. The court itself has been open since June of this year and, as of this writing, some 151 cases have been filed with it.

Bill C-18, the Online News Act: Does it Violate Canada’s Trade Agreement Obligations?

Hugh Stephens Blog

As Bill C-18 continues its deliberate journey down the Canadian Parliamentary legislative track on its way toward enactment, the Bill’s prime targets (Alphabet, in the form of Google Search and Meta in the form of Facebook) continue to deploy the full force of their lobbying efforts to derail the legislation.

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Bill C-11 Goes Off The Rails Amid Charges of Witness Intimidation and Bullying by Government MPs

Michael Geist

The Senate Bill C-11 hearings have provided a model for the much-needed, engaged, non-partisan inquiry that was largely missing from the House committee’s theatrics in which the government cut off debate on over 150 amendments.

Cloudflare Vows to Fight Global 1.1.1.1 DNS Blocking Orders

TorrentFreak

Website blocking has become an increasingly common anti-piracy tool around the globe. In dozens of countries, ISPs have been ordered by courts to block pirate sites. In some cases, these blocking efforts are part of voluntary agreements. Cloudflare ‘Pirate’ Blocking Orders.

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.

Journalism Competition and Preservation Act Moves Out of Committee Despite Concerns

IP Watchdog

This morning, the full U.S. Senate Committee on the Judiciary convened an executive business meeting during which the committee advanced S. 673, the Journalism Competition and Preservation Act (JCPA).

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University Dean Cleared in Plagiarism Probe

Plagiarism Today

In October 2021, Andrew Azzopardi and a student he was mentoring, Andrew Camilleri, published a literature review entitled Risk and Protective Factors in Violent Youth Crime in the first edition of the journal Studies in Social Well-being. .

Stopping the Trade in Fake Indigenous Art: Following in the Footsteps of Lucinda Turner

Hugh Stephens Blog

The lamented passing of artist and activist Lucinda Turner in Vancouver in early July reminded many of the struggle she engaged in to protect Pacific Northwest Coast Indigenous artforms from counterfeiting and copyright infringement.

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What is a Presentation Copy of a Trademark Registration?

Erik K Pelton

What are the differences between a USPTO trademark registration certificate and a presentation copy? Erik explains the differences between electronic, presentation, and paper registration certificates. The post What is a Presentation Copy of a Trademark Registration?

Google Removes YouTube Rippers from UK Search Results

TorrentFreak

Last year, the UK music industry claimed a major victory in its fight against online piracy. Following a two-year process initiated by the British Recorded Music Industry Ltd (BPI) and Phonographic Performance Ltd (PPL), the High Court ordered major ISPs to block access to several YouTube rippers.

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The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

IP Watchdog

Patents that are expected to protect a company’s most valuable innovations must stake a claim to that innovation and be equipped to defend it.

The Bill C-11 Hearings Are Back, Part Four: The Risks of a Trade Challenge and Tariff Retaliation

Michael Geist

The first three posts in this series on Bill C-11 have focused on the risks of regulating user content , the risks to Canadian creators , and the risks of increased consumer costs and less competition.

Paramount Files Case with the Copyright Claims Board

Plagiarism Today

1A few weeks ago, we took a look at the first 100 cases filed with the Copyright Claims Board (CCB), the recently launched copyright small claims court in the United States. There, we noticed several patterns.

Copyright Protection for Transitory or Ephemeral Works: Going Beyond the Photographic Record

Hugh Stephens Blog

Last month, I discussed the ephemeral art of US sand sculptor Jim Denevan, noting that the simplest way for Denevan to protect his monumental sand designs (if he wished to), was by photographing them.

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What is the Trademark Public Advisory Committee (TPAC)?

Erik K Pelton

Many do not realize the importance of the Trademark Public Advisory Committee (TPAC) at the USPTO. This committee has a critical role and lens into the world of trademark. Watch this episode as Erik shares more about the committee and its functions.

Cloudflare Rejects Role as Internet or Piracy Police

TorrentFreak

In 2017, Cloudflare CEO Matthew Prince decided to terminate the account of the controversial neo-Nazi site Daily Stormer. “I I woke up this morning in a bad mood and decided to kick them off the Internet,” he wrote at the time.

Flawed Scheme to Lower Prescription Drug Prices Would Do the Opposite

IP Watchdog

The waning days of summer signal the approaching midterm election season.

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Buyers' choice: what patent acquirers want from portfolios

Managing IP

It’s a buyer’s market and deals were down in Q2 2022, but sellers with strong patents can still entice purchasers. Default Analysis United States Patents IP Strategy

The Battle Lines Over AI Art

Plagiarism Today

Last month, artist Jason Allen won the Colorado State Fair’s art competition with a piece entitled Théâtre D’opéra Spatial. However, it was quickly discovered that the piece was not created by Allen directly, but was the product of an artificial intelligence (AI) platform Midjourney.

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Silicon Valley’s Unsuccessful Attempts to Export Section 230 through International Trade Agreements

Hugh Stephens Blog

A couple of weeks ago I wrote about the Omegle case, a potentially ground-breaking suit in the US in which an internet platform, Omegle, was denied the use of the Section 230 liability immunity defence by a judge in Oregon.

Is a Lawyer Required to File a Trademark Application?

Erik K Pelton

The following is an edited transcript of my video Do I Need a Lawyer to File a Trademark Application? It is not technically required that you have a lawyer if you are domiciled in the United States when you’re filing a trademark application, but it is strongly recommended.

Football Fans Turn Pirate as Another Legal Streaming Service Falls Over

TorrentFreak

Legal streaming services offering access to top tier football in Europe have a few unique selling points over piracy platforms. Perhaps most importantly, people who subscribe to legal services help to keep the game alive.

IP Leaders Join Forces to Counter Anti-IP Narratives

IP Watchdog

A new intellectual property (IP) organization launched today will be headed by former vice president of U.S. policy at the U.S. Chamber of Commerce's Global Innovation Policy Center (GIPC), Frank Cullen, and features a Board of Directors comprised of bipartisan frontrunners in the IP realm.

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Red Flag Raised: E-Motosport Patent Ineligible Under Section 101

JD Supra Law

In Integrated Technology Solutions v. iRacing.com Motorsport Simulations, 2022 WL 4356494, (D. 20, 2022), plaintiff ITS asserted at least U.S. Patent No. 10,046,231 claim 15 against iRacing. That claim reads. By: Holland & Knight LLP

YouTube Aims to Simplify Music Licensing

Plagiarism Today

Yesterday, at YouTube’s Made on YouTube live event, YouTube announced some major changes, including a push to monetize shorts and a revamping of the Partner Program. . However, perhaps the most significant change is happening on the copyright side of things.

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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part One of Three

Intellectual Property Law Blog

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series.

Great Trademarks Are Everywhere, You Just Have to Look

Erik K Pelton

It can seem challenging to create unique and bold brands, yet there are great examples all around us. In this episode, Erik shares some of recent examples he found of creative, bold brand names.

YouTubers Lose Brains Over Night of The Living Dead Copyright Claims

TorrentFreak

One can only imagine the crew’s screams of pain when they discovered that a clerical error had robbed ‘Night of the Living Dead’ of its copyright protections. George A. Romero’s masterpiece opened in 1968 to audiences largely unprepared for its genius.

CAFC Affirms Merck’s Win at PTAB over Mylan Challenge to Diabetes Treatment Claims

IP Watchdog

In its third precedential patent opinion this week, the U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today upheld a Patent Trial and Appeal Board (PTAB) decision finding that Mylan Pharmaceuticals, Inc. failed to show that certain claims of Merck Sharp & Dohme Corp.’s

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WIPO ST.26 Resources

JD Supra Law

Many resources are available to help applicants with ST.26 implementation and WIPO Sequence software navigation: USPTO Resources WIPO Resources Subscribe to “WIPO Sequence Updates” email notifications here to stay up to date on WIPO Sequence releases and issues: WIPO Sequence Updates. By: Harness I

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The Targeting of Anti-Plagiarism Advocates

Plagiarism Today

In Russia, Andrei Zaykin has been put under house arrest over allegations that he donated 1,000 ruble ($16) to an opposition leader’s anti-corruption foundation. That foundation was marked as “extremist” by Russian authorities last year and, if found guilty, he faces up to eight years in prison.

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 6, Issue 1 [Submit by October 1]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VI, Issue I). The last date for submissions is October 1, 2022.

How Trademarks Registrations Have Migrated To The Cloud

Erik K Pelton

The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademark registration certificates on paper to all registrants automatically, and are instead issuing them electronically.

U.S. Pressured Taiwan to Ban Pirate TV Boxes But China’s Not Too Interested

TorrentFreak

When the Google-sponsored Open Handset Alliance launched its Android operating system, few could’ve predicted its future role in the piracy ecosystem.