Sat.Nov 27, 2021 - Fri.Dec 03, 2021

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Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

Hugh Stephens Blog

Despite the welcome news that the National Library of New Zealand is reconsidering its badly flawed decision to donate 600,000 surplus books, including many still under copyright, to the controversial US-based Internet Archive for digitization, the National Library of New Zealand and the country’s librarians through the Library and Information Association of New Zealand (LIANZ)–of … Continue reading "Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

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What Mr. Beast’s Squid Game Video Says About Originality

Plagiarism Today

Mr. Beast, real name Jimmy Donaldson, is a YouTuber who has earned a reputation for his massive giveaways, massive projects and expensive stunts. However, one of his most recent videos has been drawing some criticism over allegations that it is plagiarizing its source material. In the video , Mr. Beast recreates all the games from the recent Netflix hit series Squid Game and puts 456 people through them with the promise that the ultimate winner will receive $456,000.

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Historic $130m+ Patent Infringement Award Against the United States of America

Intellectual Property Law Blog

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Sheppard Mullin partner Don Pelto and associates Kazim Naqvi, Rebecca Mackin, and Tom Carr were also key members of the trial team.

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Trademark protection: an energizing boost for your brand

Erik K Pelton

At EMP&A, we love good coffee. And we love coffee brand clients who have great trademarks to protect – a few of which are in the image here. The post Trademark protection: an energizing boost for your brand appeared first on Erik M Pelton & Associates, PLLC.

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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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A Split Develops: Can Artificial Intelligence Invent Stuff?

JD Supra Law

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

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3 Count: Pirate Sentencing

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Miramax Wins Lawsuit Over ‘Pulp Fiction’ Movie Poster. First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that Miramax has emerged victorious in a lawsuit filed by the photographer of the iconic Pulp Fiction movie poster. Photographer Firooz Zahedi filed the lawsuit alleging that he took the photo of Uma Thurman in April 1994 but that Miramax has gone on to use it in various merchandise ever s

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Ten Steps in the Trademark Protection Decathlon

Erik K Pelton

The following is an edited transcript of my video, The Trademark Protection Decathlon. One of the most intriguing events in the Olympics is the decathlon, at least from my perspective. The decathlon was created to try to measure the most well-rounded athletes because it’s not just one event, one competition, it’s a total of 10 events. In case you’re not that familiar with it, it’s the 100 meters, the long jump, the shot put, the high jump, the 400 meters, the 110 meter hu

Trademark 147
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A Tale of Two Ports? GC holds PORTWO GIN to be an exploitation of PDO

The IPKat

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). Protected Designation of Origins (PDOs) seem to invariably raise interesting issues, and the recent decision of the General Court for 'Porto' proved to be no exception.

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3 Count: Second Bite

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Once Again Seeks Dismissal of Derivative Liability Copyright Infringement Suit. First off today, Christina Tabacco at Law Street Media reports that Instagram has hit back at an amended complaint against them saying that the second complaint doesn’t resolve any of the issues raised in the first and should be dismissed for the same reason.

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U.S. Indicts Two Men for Running a $20 Million YouTube Content ID Scam

TorrentFreak

To protect copyright holders YouTube uses an advanced piracy recognition system that flags videos or music used on users’ channels without permission. Through this ‘Content ID’ system, infringing content can be removed or monetized by funneling ad revenue to copyright holders, which can be quite lucrative for the rightsholders in question.

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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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Mechanisms, Governance, and Policy Impact of SEP Determination Approaches

IP Watchdog

Standard Essential Patents (SEPs) are on the rise; the number of newly declared patents per year has almost tripled over the past five years. There were 17,623 new declared patent families in 2020, compared to 6,457 in 2015 (see Figure 1). The 5G standard alone counts over 150,000 declared patents since 2015. Similarly, litigation around SEPs has increased.

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Let’s Stop “Fixing Copyright” for the Sake of our Digital Future

The Illusion of More

As 2021 winds down, and this blog approaches the mid-point of its tenth year, I ask the following question: Can certain folks stop trying to “fix copyright” in deference to the digital age now that the internet experiment has failed? For over twenty years, the principal argument underlying the “copyright is broken” narrative has been […].

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Is it Kurta? Is it a Kaftaan? It’s GUCCI: Why GUCCI May Not be Accountable This Time Too

SpicyIP

We’re pleased to bring to you a post by Niharika Salar. Niharika is an Assistant Professor at the NALSAR University of Law, Hyderabad. Is it Kurta? Is it a Kaftaan? It’s GUCCI: Why GUCCI May Not be Accountable This Time Too. Image from here. A few months ago, Gucci was found selling a peculiar outfit named “organic linen kaftan”. Following this incident, news of Zara selling lungi as ‘check mini skirt’ a few years ago had resurfaced on social media.

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Pirate TV Software Dev Jailed For 2.5 Years For Fraud & Copyright Offenses

TorrentFreak

In the summer of 2019, the Covert Development and Disruption Team of the UK’s North West Regional Organised Crime Unit announced that a then 40-year-old man had been detained in Winsford, Cheshire, following a joint investigation with anti-piracy outfit Federation Against Copyright Theft. Neither police nor FACT initially revealed the identity of the man but did state that he’d been arrested in connection with creating and maintaining a Kodi add-on configured to supply illegal online strea

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Ramey & Schwaller is Seeking a Litigation Attorney

IP Watchdog

Ramey & Schwaller is looking for a litigation attorney with 3-5 years of litigation experience in federal court. The full-time, permanent position, located in Houston, TX, will be handling cases from cradle to grave. This is a fun, very active position with immediate exposure to all aspects of patent litigation.

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Six-Part Podcast Series from CIPU, ‘Understanding IP Matters,’ is set to Debut on December 7th

IP Close Up

A new podcast series, ‘Understanding IP Matters – From creator to entrepreneur’ is set to launch from the Center for Intellectual Property Understanding. ‘Understanding IP Continue reading.

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Catching Up on NetChoice v. Paxton, the Challenge to Texas’ Social Media Censorship Law

Technology & Marketing Law Blog

Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). I’m keeping my fingers crossed that the judge will recognize this as an easy case.

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Google Removes Pirate Bay Domains from Search Results Citing Dutch Court Order

TorrentFreak

While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that infringing sites show up in search results has become a source of frustration and Google has been asked to “do more” on several occasions. In recent years the search engine has stepped up its anti-piracy game significantly.

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O’Malley Dissents from ‘Concerning’ CAFC Ruling that Biogen’s MS Drug Patent is Invalid

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description. Judge O’Malley dissented, arguing that the district court clearly erred in its finding that Biogen was judicially estopped from drawing a distinction between clinical and therapeutic effect, and that the entire analysis “might well change” if the case was remanded “f

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The Government of Canada establishes the College of Patent Agents and Trademark Agents

IPilogue

Christian Bekking is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. On June 28, 2021, the College of Patent Agents and Trademark Agents (CPATA) was established and began operating to regulate patent and trademark agents.

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Protecting your Trademark from Non-Use Cancellation

Kashishipr

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. The removal of any registered trademark from the register of trademarks based on the non-use of the trademark during a specified period concerning the goods or products specified in the Trademark Application is termed as trademark non-use cancellation.

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Youtube Ripper Strikes Back at the RIAA in DMCA ‘Circumvention’ Lawsuit

TorrentFreak

Popular stream-ripping site Yout.com has fought legal disputes around the world , with mixed results. Most recently the site and its operator Johnathan Nader became the target of a criminal prosecution in Brazil , which resulted in the site being blocked. Yout.com vs. RIAA. Meanwhile, in the United States, Yout is also engaged in a legal dispute that could potentially eclipse all previous rulings.

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Vidal Confirmation Hearing Should Provide a Hint at What’s Ahead for Patent Owners

IP Watchdog

IPWatchdog has been told that Kathi Vidal, who is President Biden’s nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), will have her confirmation hearing on Wednesday, December 1. As of the time of publication, the Senate Judiciary Committee, to which the Vidal nomination has been referred, lists a confirmation hearing for the full Committee at 10am on December 1, but provides no additional information.

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“What’s in a name?”: Trademark Considerations for Rebranding a Business

IPilogue

Bonnie Hassanzadeh is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. When reports about Facebook’s plan to change its corporate name hit the internet, branding experts offered their theories about the driving force behind the social media giant’s decision to rebrand itself.

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Call For Submissions: NUALS’ Blog ‘The IP Site’

SpicyIP

We’re pleased to inform you that The Centre for Intellectual Property Rights of the National University of Advanced Legal Studies (NUALS), Kochi is inviting submissions for its official blog, The IP Site on a rolling basis. For further details, please see the announcement below: Call for Blogs – The IP Site, the Centre for Intellectual Property Rights (CIPR), NUALS Kochi.

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Cheat Seller AimJunkies Accuses Destiny 2 Creator Bungie of “Sharp Practices”

TorrentFreak

A small minority of gamers have the urge to artificially boost their skills and egos by using hacks and cheats. These players generally ruin the fun for the rest, which is a serious concern for game companies. To address this issue, several game companies including Take-Two Interactive and Epic Games , have taken cheaters to court. More recently, American video game developer Bungie joined in on the action.

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Could Description Amendments Made During Prosecution at the European Patent Office Affect U.S. Litigation?

IP Watchdog

Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. These Guidelines instruct European patent examiners (and the public) on how the patent prosecution process works—much like the United States Patent and Trademark Office’s (USPTO’s) Manual of Patent Examining Procedure.

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Non-fungible Tokens: Commercializing Exclusive Digital Art- A Companion Piece

IPilogue

Photo by cdd20 ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May.

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Name, Image, and Likeness: Five Months into the NCAA’s New Frontier

JD Supra Law

Five months into the NCAA interim policy allowing amateur athletes to profit from their name, image, and likeness, here is what institutions, athletes, parents, personal representatives, and brands need to know.

Branding 101
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Triller Celebrates Win Over Pirate YouTuber But Judge Slashes Damages

TorrentFreak

After Jake Paul knocked out Ben Askren in the short-lived main event of a Triller fight card earlier this year, it was no surprise to learn that the event had been heavily pirated online. This lit a fire under Triller Fight Club, which responded with a wave of lawsuits aimed at bringing the perpetrators to justice. One of the company’s targets was Matthew Space , the young operator of the Eclipt Gaming YouTube channel which usually specializes in gaming videos but also uploaded the fight a

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Native American Heritage Month: Honoring a Diverse Culture

Copyright Alliance

Native American people comprise a vibrant, rich, and diverse culture that stretches back more than 15,000 years. In honor of Native American History Month, our goal during the month of […]. The post Native American Heritage Month: Honoring a Diverse Culture appeared first on Copyright Alliance.

Copyright 101
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What is a Method of Medical Treatment?

IPilogue

David Park is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. In Canada, methods of medical treatment are unpatentable subject matter. This prohibition originated from an old provision of the Patent Act (Section 41) interpreted by the Supreme Court of Canada in Tennessee Eastman.

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Live, Work and Play in a Legal Metaverse: Preparing for a New Online Existence

JD Supra Law

Companies spend billions and invest heavily in technologies that offer greater telepresence and enable an individual’s digital life. Will humans interact with each other via avatars in a three-dimensional virtual space? The “Metaverse” has ramifications for everything people do to live, work and play together digitally. Originally published in IP Watchdog - December 1, 2021.

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Pirate IPTV: Police Arrest Two & Send Warning Messages to Customers

TorrentFreak

Rather than shelling out significant sums on multiple premium live TV and streaming services each month, tech-savvy UK internet users often turn to pirate IPTV services. These platforms often provide access to almost everything that Sky, BT, and Netflix have to offer. Not only that, but they also do so at extremely low prices that tend to hover around the £10 per month mark.

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Ted Davis: 2021 Annual Review of U.S. Federal Case Law and TTAB Developments

The TTABlog

In connection with his latest presentation at the recent INTA Annual Meeting, Ted Davis offered his " Annual Review of U.S. Federal Case Law and TTAB Developments." Thank you, Ted, for permitting me to post this link. Ted Davis As a companion piece to my presentation, here is a link to my outline of CAFC and TTAB decisions for the past 14 months. Read comments and post your comment here.

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