July, 2022

One Month of the Copyright Claims Board

Plagiarism Today

It has been a just over a month since the Copyright Claims Board (CCB) first opened its doors and the first 70 cases in it have been filed. .

Australia and Canada Tackle the Issue of Requiring Financial Support for Traditional Media from Online Platforms: Will the US Follow?

Hugh Stephens Blog

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The Trademark Scam Decision Tree

Erik K Pelton

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.

Sony Flags Its Own Website for Repeat Copyright Infringements

TorrentFreak

Copyright holders send out millions of takedown notices a day, hoping to remove pirated content or making it harder to find. The efficacy of the DMCA takedown process is open for debate but it certainly doesn’t help when companies flag their own websites as copyright infringing.

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.

Artificial Intelligence: Can it be an Inventor or an Author?

JD Supra Law

As the innovation paradigm in automotive industry shifted over time, artificial intelligence (“AI”) has deeply penetrated into operation of automotive industry.

More Trending

3 Count: Back in Black

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Lofi Girl Disappeared from YouTube and Reignited Debate Over Bogus Copyright Claims.

Copyright’s International Conventions: The Importance of Membership-Part 1 (The United States and the Berne Convention)

Hugh Stephens Blog

Back in the first half of the 19th century, despite reasonably robust national copyright laws (for the era), protecting author’s rights was still a major problem. Works protected in one country were not protected elsewhere, leading to “legalized piracy”.

A License to Steal IP: What Partnering with China Really Means for Businesses

IP Watchdog

“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help,” said President Ronald Reagan during a press conference on August 12, 1986. This is one of President Reagan’s most often quoted quips, and for a reason.

Research Suggests That Software Piracy Lowers Poverty

TorrentFreak

When copyright holders discuss online piracy, they often highlight the associated losses. However, not all pirated downloads equal a loss. While there is certainly a group of pirates who simply refuse to pay for content, there are also people who simply can’t afford it. Piracy and Poverty.

Sealed with a fist

Likelihood of Confusion

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have. The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.

The Staffieri or Scott Quiz: Can You Tell the Difference Between the Rogers CEO and the CRTC Chair?

Michael Geist

The Standing Committee on Industry, Science and Technology hearing into the Rogers outage was notable for how similar Tony Staffieri, the Rogers CEO, and Ian Scott, the Chair of the CRTC, sounded on key issues related to the outage and the state of Canadian telecom regulation.

A Different Kind of Plagiarism Resolution

Plagiarism Today

Last week, a plagiarism scandal rocked the Guggenheim Bilbao and their Basque Artist Program. The original allegations were published by Hannah Swayze , a producer who worked on the short film Blue by artist dayday.

The WTO Extends its Customs Moratorium for Digital Products: Good News for Creators, Copyright Industries…and for Consumers

Hugh Stephens Blog

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.

Testing the Bounds of Copyright Protection in Choreographic Works: Hanagami v. Epic Games, Inc.

IP Watchdog

In a recently filed suit involving the popular videogame Fortnite, the Central District of California faces an important question regarding copyright law: does a copyright in a registered choreographic work extend protection to a smaller portion of the work when that portion is copied by a third party and implemented as a dance move in a video game?

“You Wouldn’t Steal…” Research Shows Why Many Anti-Piracy Messages Fail

TorrentFreak

Over the past decades, the entertainment industries have tried out numerous anti-piracy messages. One of the most iconic videos is without doubt the “ You Wouldn’t Steal a Car ” campaign, which proved to be a fertile breeding ground for memes, satire, and ridicule.

Cinema 112

Tris Pharma, Inc. v. Actavis Laboratories FL, Inc. (Fed. Cir. 2022)

JD Supra Law

Almost four years ago, in a relatively rare occurrence based on there being an insufficient factual record to permit proper appellate review, the Federal Circuit vacated a District Court decision rendering invalid the claims in five patents asserted by Tris Pharma, Inc.

Patent 102

Publishers’ Suit Against Internet Archive is Pro-Author, Not Anti-Library

The Illusion of More

“The raggedy state of my books that some readers and educators hand me to sign is the best compliment of all.” – Sandra Cisneros – The matter of Hachette et al. Internet Archive should be short work for a court in the Second Circuit (or any circuit).

3 Count: Time’s Side

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Court of Appeals Rules That a Timely Filed Copyright Infringement Lawsuit Can Recover All Damages, No Matter How Long Ago They Occurred.

What Are Common Law Trademark Rights?

Erik K Pelton

Did you know that a brand can acquire some trademark rights without registering at the USPTO? Erik explains what these common law trademark rights are and how they work. The post What Are Common Law Trademark Rights? appeared first on Erik M Pelton & Associates, PLLC.

The Case for Patenting AI: U.S. Patent Laws Better Get Smart or Get Left Behind

IP Watchdog

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines.

127 Russian Cinemas Resort to Piracy, Movie Boss Says: “I Don’t Blame Them”

TorrentFreak

When Vladimir Putin gave the order for the latest stage of Russia’s invasion of Ukraine, he knew two things for sure: 1) there would be consequences but 2) they wouldn’t affect him. Five months later, the consequences are indeed being felt globally, but no more acutely than in Ukraine.

Cinema 113

Artificial Intelligence Enters Stem Cell Research

JD Supra Law

A major step forward in using Artificial Intelligence (AI) for scientific discovery in the field of stem cell research was recently reported, reflecting the continued growth of the technology and stressing the need for clarification on patents for AI-generated work. By: Foley & Lardner LLP

Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”

Michael Geist

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights.

3 Count: Royalty Raise

Plagiarism Today

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.

Trademark Applications: What You See vs. What You Don’t

Erik K Pelton

The following is an edited transcript of my video Trademark Applications: What You See vs. What You Don’t. I’ve always been intrigued and fascinated by great magicians – I love watching Penn & Teller for example.

The PTAB Reform Act Will Make the PTAB’s Problems Worse

IP Watchdog

Recently, we submitted comments for the record to the Senate Judiciary Committee’s IP Subcommittee in response to its June 22 hearing on the Patent Trial and Appeal Board (PTAB), titled: “The Patent Trial and Appeal Board: Examining Proposals to Address Predictability, Certainty and Fairness.”

Iconic Demonii BitTorrent Tracker Makes Comeback With Millions of Users

TorrentFreak

Trackers are a crucial part of the BitTorrent infrastructure, making it easier for downloaders and uploaders to connect to each other. Technically speaking trackers are similar to a DNS provider, they function as a ‘phone book’ pointing people to content without knowing what it is. Demonii Tracker.

Internet Archive the Racket

The Illusion of More

I think we’ve figured out by now that you can fundraise by lying to people about a threat, right? You can tell them an election was stolen. Or that the internet is under attack. Or that movie stars are harvesting babies to make adrenochrome. Or you can tell them stuff like this. […].

USPTO Director's Blog Post Extolling Certainty in § 101 Determinations Paradoxically Increases Uncertainty

JD Supra Law

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (at right) released a blog post on the USPTO's Director's Blog on Monday addressing the fraught subject of subject matter eligibility under 35 U.S.C. §

3 Count: Oof… Again

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RIP Roblox’s Famous ‘Oof’ Sound, Which Has Been Removed.

Prior Preparation Prevents Poor Performance

Erik K Pelton

In this episode, Erik outlines 7 steps to consider prior to submitting a trademark application to the USPTO. Learn more about these steps and trademark registration at www.erikpelton.com. The post Prior Preparation Prevents Poor Performance appeared first on Erik M Pelton & Associates, PLLC.

Derrick Brent to Be Sworn in as Next USPTO Deputy Director

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced today that Derrick Brent will serve as the Office’s next Deputy Director. According to the announcement, Brent hails from both the public and private sectors, most recently serving as a consultant advising startups on IP and other issues.

Pirates Liberate Games From Battle.net To Send Message To Activision Blizzard

TorrentFreak

When videogames first began hitting the market more than 40 years ago, budgets were low, expectations were low, and customers were easily pleased. Today’s market has taken all of that and turned it on its head.