Erik K Pelton

AUGUST 19, 2022

The following is an edited transcript of my video An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute. There is a very well-known quote from Benjamin Franklin about an ounce of prevention being worth a pound of cure. This statement is really true when it comes to trademarks. I really love Ben Franklin, he was such a unique inventor of so many different things, and scholar, and really, a Renaissance man.

Trademark 147

Trademark Social Media Branding Brands 147

Plagiarism Today

AUGUST 18, 2022

The Copyright Claims Board (CCB), better known as the “copyright small claims court”, became a part of U.S. copyright law in December 2020 with the signing of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). . After a year and a half of rule making and infrastructure building, the CCB opened its doors in June 2022. Within a month, the first 70 cases had been filed.

Copyright 292

Copyright Registration Music Copyright Infringement 292

Hugh Stephens Blog

AUGUST 16, 2022

“Time and tide wait for no man”, Geoffrey Chaucer is reputed to have said back in the 14th century (although versions of the saying predate Chaucer). King Canute proved the truth of this parable in his unsuccessful attempt to command the tide to recede.

Copyright 130

Copyright 130

TorrentFreak

AUGUST 18, 2022

Reddit is without doubt one of the most popular user-submitted content sites that exists on the Internet. The community-driven platform has “subreddits” dedicated to pretty much every topic you can think of. These generate a constant stream of discussions and links, some more useful than others. Moderators play an essential role in bringing order to this chaos.

Copyright 141

Copyright Copyright Infringement 141

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?

Technology

McKinsey Operations

AUGUST 19, 2022

Danish design experts Christian Bason and Jens Martin Skibsted say humanity needs a more expansive outlook on problem-solving—one that is less human-centered and more future-proof.

Designs 135

Designs Design 135

Plagiarism Today

AUGUST 16, 2022

Depending on the school, the fall 2022 school year has either started, or is starting imminently. . For many, this school year is unusual, specifically because it’s so normal. The 2020 and 2021 school years were altered heavily by the COVID-19 pandemic, creating a push to distance learning as schools struggle to stay open. Though distance learning is here to stay and education will likely never look exactly like it did in 2019, 2022 is still marks a return to something that as close to that prev

Plagiarism 213

Plagiarism Contracts Copying Litigation 213

TorrentFreak

AUGUST 19, 2022

Absorbing knowledge online is essentially free but those who curate that knowledge may have their own plans on where, when, and at what price their work is made available. For millions of website publishers the problem mostly solves itself, but for those who have more restrictive offerings in mind, such as physical book sales or a digital subscription offer, the wider internet can prove to be a disruptive competitor.

Publishing 139

Publishing Government Copyright Infringement Copyright 139

IP Watchdog

AUGUST 15, 2022

Everyone knows someone whose life has been impacted by cancer, be it a parent, a sibling, or a friend. But it is rarer, perhaps, to know a family touched by pediatric cancer. Yet, cancer is the second leading cause of death in individuals under 14, impacting?nearly 10,500 children annually in the United States. Fifty years ago, a child diagnosed with cancer had a median five-year survival rate of only 58%.

Business 130

Business Technology Government Intellectual Property 130

Plagiarism Today

AUGUST 15, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: How Did Two Unknown Latin Music Operators Make $23 Million From YouTube? The IRS Says They Stole It. First off today, Kristin Robinson at Billboard reports that the Internal Revenue Service (IRS) is accusing two individuals, as well as a variety of co-conspirators, stole an estimated $23 million in royalties owed to a variety of other artists.

Music 204

Music Plagiarism Reporting Licensing 204

Trading Secrets

AUGUST 17, 2022

Everyone generally agrees that people and organizations should be able to protect their proprietary and valuable information. But one area where we’ve seen legislative fretting is when that principle potentially impedes reporting wrongdoing to the government. As we have previously blogged, Congress and many state legislatures are exploring (or, in some cases, already enacted) legislative protections for reporting suspected misconduct to the government.

Confidentiality 122

Confidentiality Cease and Desist Government Reporting 122

Advertiser: IPO

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.

Patent

TorrentFreak

AUGUST 16, 2022

As Europe’s top football leagues launch their 2022/23 season campaigns, pressure to balance the books at the continent’s most prestigious clubs remains a top priority. In the summer transfer window alone, LaLiga club Barcelona spent €153m euros, but that’s peanuts compared to the paychecks it hands to its top players. The club has a weekly payroll of €5.3m , of which more than 10% goes to Dutch player Frenkie de Jong.

Government 132

Government Reporting Contracts Marketing 132

The IPKat

AUGUST 15, 2022

According to even the most recent decisions from the Boards of Appeal of the EPO, we are still in a state of general emergency justifying holding oral proceedings by ViCo without the consent of all parties. However, as the heightened threat of COVID-19 slowly diminishes, the Boards' justifications for continuing to enforce ViCo proceedings on users without their consent are becoming increasingly tenuous.

Reporting 122

Reporting Technology Patent 122

Plagiarism Today

AUGUST 16, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: €8.5m Copyright Infringement Verdict Against Vimeo Stands on Appeal. First off today, Ernesto Van der Sar at Torrentfreak writes that the Rome Court of Appeal has upheld an €8.5 million ($8.64 million) judgment against the video hosting platform Vimeo over alleged piracy that take place through its service.

Fair Use 192

Fair Use Copyright Infringement Plagiarism Intellectual Property 192

JD Supra Law

AUGUST 18, 2022

Josh Owen never looked at himself as an entrepreneur. He formed his first company Tryon Solutions to do some consulting work, and before he knew it, the company had grown to the point where it had about 100 employees. For Josh, it was time to try another idea, which required funding. Even after a $2.5M raise to start his new company Cycle Labs, he still doesn't think of himself as an entrepreneur - he's simply someone who likes to solve problems.

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116

TorrentFreak

AUGUST 18, 2022

In recent years, publishers of Japanese manga comics have been sending a sustained and clear message that content piracy will not be tolerated, wherever it takes place in the world. The problems faced by companies including Shueisha, Kadowaka, Kodansha, and Shogakukan, are easy to describe but much more difficult to counter. Japan-based pirate site operators serving a domestic audience face experienced local investigators, law enforcement agencies, and a relatively high prospect of criminal sanc

Publishing 129

Publishing Copyright Infringement Copyright Copying 129

The IPKat

AUGUST 16, 2022

A recent decision from the Boards of Appeal considered when a first instance department should reconsider a decision before sending an appeal to the Boards of Appeal (interlocutory revision) ( T 682/22 ). The decision highlights the self-contradictory stipulations in the Guidelines for Examination on interlocutory revision. Parts of the Guidelines also contradict the established case law.

Law 120

Law Patent 120

Plagiarism Today

AUGUST 17, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’. First off today, Jaron Schneider at PetaPixel reports that the United States Copyright Office has weighed in on the Andy Warhol case, telling the Supreme Court that they feel Warhol’s paintings were not a fair use of Lynn Goldsmith’s photos.

Fair Use 186

Fair Use Copyright Plagiarism Reporting 186

McKinsey Operations

AUGUST 16, 2022

Mehnaz Mustafa spearheaded the creation of an innovative public-health data and analytics hub to inform New Jersey’s COVID-19 response, advance health equity, and tackle public-health challenges.

113

113

TorrentFreak

AUGUST 15, 2022

For more than a decade, anti-piracy company MarkMonitor has been a trusted partner of the major record labels. Among other things, the company provided evidence and testimony for the piracy lawsuit against Internet provider Bright House that was settled two weeks ago. Shortly after the settlement was announced, MarkMonitor asked the court to make sure that sensitive evidence doesn’t see the light of day.

Confidentiality 127

Confidentiality Settlement Copying Litigation 127

Technology & Marketing Law Blog

AUGUST 19, 2022

This is a pro se lawsuit against Match and Tinder for fake dating profiles in the plaintiff’s name. I’m going to focus on the publicity rights claim piece of the lawsuit. Match invoked Section 230. The court says that Match qualified for the prima facie requirements for a 230 defense, but the publicity rights claims fits into the IP exception.

Social Media 112

Social Media Intellectual Property Publishing IP 112

Plagiarism Today

AUGUST 18, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Zillow Only Wants to Be Fined Once for 2,700 Photo Copyright Infringements. First off today, Jason Schneider at PetaPixel reports that Zillow is asking the Ninth Circuit Court of Appeals to reduce damages against them by ruling that a collection of 2,700 infringed photos should be treated as one infringement rather than 2,700 separate ones.

Plagiarism 181

Plagiarism Licensing Reporting Copyright 181

IP Watchdog

AUGUST 16, 2022

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential order denying a petition for writ of mandamus filed by Palo Alto Networks (PAN) that asked the court to compel the U.S. Patent and Trademark Office (USPTO) to grant Director Review of the Patent Trial and Appeal Board’s (PTAB’s) decisions not to institute inter partes review (IPR) and post grant review (PGR) of Centripetal Networks’ patents.

Patent 111

Patent Trademark Litigation Intellectual Property 111

TorrentFreak

AUGUST 16, 2022

Vimeo is a New York-based video streaming platform that mostly targets business users. The service has over a quarter billion registered users and monetizes its platform through subscriptions, pay-per-view videos, and advertisements. Like many other online platforms, Vimeo is predominantly used for legitimate purposes. However, on occasion, its users also upload copyright-infringing content and if these videos are not rapidly removed, it can cause serious problems. €8.5m Damages for Failing to R

Copyright Infringement 124

Copyright Infringement Copyright Advertising Advertising 124

Technology & Marketing Law Blog

AUGUST 14, 2022

Some members of Gen. Michael Flynn’s family sued CNN for implying that they are QAnon followers. The case involves: a report aired by CNN on February 3, 2021, which was entitled “CNN Goes Inside a Gathering of QAnon Followers.” The report included a brief clip of the Flynns standing next to Lieutenant General Michael Flynn as he proclaimed, “where we go one, we go all.

Law 111

Law Social Media Reporting Government 111

McKinsey Operations

AUGUST 17, 2022

Geopolitical and climatic events are impacting the food system’s resilience. Here’s what happened this year, what may come next year, potential consequences, and considerations that may mitigate the impact.

107

107

LexBlog IP

AUGUST 15, 2022

Are you choosing the name for your business or products? A trademark search is the first step to determining if another company is already using the mark. Imagine if you print labels and brochures, develop a website, run ads and spend valuable time building the reputation associated with a trademark only to discover that the name, logo, or slogan already exists.

Trademark 105

Trademark Business Intellectual Property 105

TorrentFreak

AUGUST 17, 2022

In August 2021, US broadcaster DISH Network, Sling and NagraStar sued pirate IPTV service Nitro TV. The case focused on Nitro operator Alex Galindo and other members of his family, alleging mass violations of the DMCA’s anti-circumvention provisions and the Federal Communications Act (FCA). The case went undefended and this June came to a close, with the plaintiffs being awarded over $100m in statutory damages.

Reporting 116

Reporting Television Copyright Copyright Infringement 116

IPilogue

AUGUST 15, 2022

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on July 27, 2022. On July 13, 2022, the Office of the Superintendent of Financial Institutions (OSFI) released its final Guideline B-13: Technology and Cyber Risk Management (Guideline B-13), which describes OSFI’s expectations for how federally regulated financial institutions (FRFIs) should manage technology and cyber risks.

Technology 106

Technology Confidentiality Government Reporting 106

IP Watchdog

AUGUST 15, 2022

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. Litigants and lawyers who previously relied on Judge Albright’s favorable procedural rules and efficient trial schedules as a proxy for more rigorous due diligence will now need to take a closer look at the merits of their cases when considering whether and where to file.

Due Diligence 105

Due Diligence Litigation Patent Patent Infringement 105

The IP Law Blog

AUGUST 18, 2022

Many people associate brands with particular colors – if you think of Tiffany & Co., you think of its famous robins-egg blue boxes and branding; if you think of Barbie, you can see the bright pink that came with so many childhood toys. Not many people realize, however, that brands can trademark those colors and prevent others from using them. The first company to trademark a color was Owens-Corning.

Branding 104

Branding Brands Branding Trademark 104

TorrentFreak

AUGUST 15, 2022

Following Russia’s invasion of Ukraine in February, life in both countries has changed. While Ukrainians fight for survival, Russian citizens are dealing with the effects of sanctions and other restrictions. Russian authorities are playing down the effect of the West’s efforts, but even humble video gamers know that things aren’t the same as before.

Copying 108

Copying Licensing Publishing Marketing 108

IPilogue

AUGUST 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 24, 2022, the Québec government adopted Bill 96 , one year after it was introduced. This Act modifies the use of French language in business and commerce in the province of Québec. Among a variety of aspects affected in business operations, the Act greatly tightened the requirements regarding the use of French in trademarks and public signage.

Trademark 105

Trademark Law Registering Trademarks Government 105

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Technology & Marketing Law Blog

AUGUST 18, 2022

I’m going on a limb and saying that I believe this is the first appellate court upholding a 512(f) plaintiff win. The closest plaintiffs have gotten in the past is the Ninth Circuit’s Lenz case , which had plaintiff-favorable language but did not rule on the merits (that case eventually settled). Here, the 11th Circuit, in a per curiam unpublished decision, upholds the plaintiff’s 512(f) win at trial and greenlights the plaintiff for damages, costs, and possibly attorneys’

Fair Use 102

Fair Use Cease and Desist Copyright Blogging 102

TorrentFreak

AUGUST 14, 2022

Piracy tracking firm MUSO aims to help rightsholders convert pirates into paying customers. This is a noble goal and the UK-based company doesn’t shy away from taking a stand. Earlier this week, we highlighted how MUSO linked the increased fragmentation of legal streaming services as one of the reasons why piracy is flourishing. Traditional DMCA Takedowns.

Copyright 108

Copyright Music Reporting Copyright Infringement 108