Erik K Pelton
JANUARY 21, 2022
We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC.
Plagiarism Today
JANUARY 5, 2022
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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Hugh Stephens Blog
JANUARY 17, 2022
On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States.
TorrentFreak
JANUARY 19, 2022
The Domain Name System has been an essential component of the Internet since the mid-eighties. DNS resolvers make it possible to map a human-readable domain name to an IP-address, so a website or service can be easily located. Older people also call it the Internet’s phone book. Nowadays, there are several large DNS resolvers. Many ISPs operate their own but third-party DNS services are very popular too.
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?
The IPKat
JANUARY 9, 2022
The IPKat Team was extremely saddened to be informed of the passing of Professor William (Bill) Cornish. The co-founder of our blog, Professor Jeremy Phillips, remembers him as follows: In memoriam: William (Bill) Cornish (1937 - 2022) by Jeremy Phillips I first encountered Bill Cornish in 1974 when, as a raw intellectual property doctoral student, I travelled up from Canterbury to discuss my chosen topic and seek his advice.
JD Supra Law
JANUARY 6, 2022
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
JANUARY 18, 2022
On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. The book, which details the effort by Chilean filmmaker Alejandro Jodorowsky to make a Dune film in the 1970s, is indeed a rare and valuable book.
The TTABlog
JANUARY 20, 2022
J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE for, inter alia , medicated mouthwash, toothpaste, and dental floss. J & J established that its mark is famous for Section 2(d) purposes. The goods are overlapping or related, but what about the marks?
TorrentFreak
JANUARY 18, 2022
In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools. Developed by German company Eyeo GmbH and available on Firefox, Chrome, Safari, Android and iOS, one of the most popular tools is AdBlock Plus.
The IPKat
JANUARY 4, 2022
Kat friend Dr. Aleksandra Sewerynik shares her periodic insights on copyright in the recording industry, this time in connection with the rights of the music producer. Every songwriting process is a different story. You can get a closer look at it by watching ‘ Diary of a song ’ by The New York Time s on YouTube, and documentaries such as Ed Sheeran’s ‘ Songwriter ’, or Shawn Mendes ‘ In Wonder ’.
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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.
Copyright Alliance
JANUARY 25, 2022
Around the end of December 2021, rightsholders were collectively holding their breaths over several bills which proposed to force publishers into a compulsory regime for the licensing of electronic formats […]. The post States Should Follow New York’s Rejection of Mandatory eBook Licensing appeared first on Copyright Alliance.
The Trichordist
JANUARY 20, 2022
Hugh Prestwood and Judy Ahrens' story highlights the cruelty of the Copyright Royalty Board's frozen mechanicals policy and the failure of leadership by music publishers.
Plagiarism Today
JANUARY 27, 2022
For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. It was a powerful tool, if an imperfect one, for investigating a wide range of internet issues, legal and otherwise.
Technology & Marketing Law Blog
JANUARY 9, 2022
A recap of emoji law developments in 2021: Court References. I maintain a dataset of US court opinions that reference emojis and emoticons. I have compiled the dataset using keyword alerts in Westlaw and Lexis, supplemented by a few opinions I’ve found other ways. The latest version enumerates a total of 586 opinions through the end of 2021. Most case references are merely that–the court simply notes the presence of a symbol as part of reciting evidence in the case.
TorrentFreak
JANUARY 17, 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 piracy activities. Over the past few years we have seen copyright holders take several ISPs to court, accusing them of failing to disconnect repeat copyright infringers.
The IPKat
JANUARY 20, 2022
The entry into force of the Protocol on Provisional Application of the UPC Agreement has been a major milestone for the actual birth of the Unitary Patent Court. According to paragraphs a and b of Article 3(1) of the Protocol, there are two alternative conditions for the entry into force of the Protocol, namely: (a) either the Protocol can be « signed in accordance with Article 2(2)a. or signed, and ratified, accepted or approved this Protocol in accordance with Article 2(2)b.; or (b) the Signat
IP Watchdog
JANUARY 1, 2022
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
Patently-O
JANUARY 25, 2022
by Dennis Crouch. Masimo Corp. v. True Wearables, Inc. ( Fed. Cir. 2022 ) (nonprecedential). This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. does not necessarily compel a finding that the information cannot maintain its status as a trade secret for a party in an entirely different field.” Serious Questions : A
The Illusion of More
JANUARY 19, 2022
By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66 million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works. The group also […]. The post NFT – The Hottest Trend in Ripping Off Artists appeared first on The Illusion of More.
Technology & Marketing Law Blog
JANUARY 22, 2022
A “lapsed” Jehovah’s Witnesses member, using the alias “ Kevin McFree ,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses. The IP arm of the Jehovah’s Witnesses (the “Watch Tower”) claimed that one such video, the “Dubtown Video,” infringed its copyright by incorporating snippets of its videos.
TorrentFreak
JANUARY 5, 2022
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.
The IPKat
JANUARY 24, 2022
Can something be simultaneously iconic and lack distinctiveness under trade mark law? Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Inspired by the boots worn by Neil Amstrong to walk on the surface of the Moon in 1969, the Moon Boots were the first, dedicated after ski footwear.
IP Watchdog
JANUARY 3, 2022
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.
Patently-O
JANUARY 11, 2022
by Dennis Crouch. Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. The court decided a number of big patent cases during the period of 1891-1952, although many of them have been rejected or are no longer followed.
Copyright Alliance
JANUARY 6, 2022
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.
SpicyIP
JANUARY 20, 2022
We’re pleased to inform you that The Screenwriters Association (SWA) is urgently looking to recruit a full-time Legal Officer to be based at its office in Mumbai. For further details, please read the announcement below. Call for Applications: Legal Officer at Screenwriters Association, Mumbai. SWA logo. The Screenwriters Association (SWA) is inviting applications for the appointment of a full-time Legal Officer to be based at its office in Mumbai.
TorrentFreak
JANUARY 27, 2022
Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. This is a serious problem for major content producers, Hollywood included. At the same time, it’s also seen as a threat to the broader economy, which generates hundreds of billions of dollars from video entertainment.
The IPKat
JANUARY 10, 2022
On January 1, France took over the Presidency of the Council of the European Union. As the current president, France is responsible for the functioning of the Council of the EU. Among its responsibilities, France will determine the Council’s agenda in discussing the Commission’s draft acts and set priorities in EU policy-making. In that connection, France has recently published its programme for the Presidency [available here in English], which includes several actions on intellectual property.
IP Watchdog
JANUARY 23, 2022
Incoming U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Vidal’s responses emphasize three priorities: strengthening patents and trademarks, ensuring that U.S. intellectual property is protected abroad, and expanding the reach of the patent system to underrepresented groups.
Patently-O
JANUARY 13, 2022
by Dennis Crouch. The chart below shows the number of Supreme Court patent decisions broken-up by decade. The ramp-up in the late 1800s is tied to the “second industrial revolution” in the US. The drop in cases after 1890 is largely procedural. Congress created the regional circuit courts of appeals as a buffer between the trial courts & Supreme Court.
Kluwer Copyright Blog
JANUARY 5, 2022
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
IPilogue
JANUARY 13, 2022
Photo by Matthew Henry ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. This article was originally written as part of the IPilogue’s annual Year in Review but has instead been published as a standalone article. 2021 was a transformational year for Canadian privacy legislation. Following the changes made to the Federal reforms to PIPEDA in 2020 , several provinces amended their privacy legislation to protect their constituents’ interest
TorrentFreak
JANUARY 19, 2022
OpenSubtitles is one of the largest and most popular subtitle repositories on the Internet. Millions of subtitle files are downloaded every week in many languages, often to be paired with downloaded movies and TV shows. The site was founded in 2006 by a Slovakian programmer who came up with the idea while drinking a few beers at a local pub. Following an announcement late yesterday, more beers might be needed to cope with an emerging crisis.
The IPKat
JANUARY 27, 2022
Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.
IP Watchdog
JANUARY 12, 2022
Is the Supreme Court competent to handle issues dealing with technology? The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent.
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