Hugh Stephens Blog

JUNE 7, 2022

Sometimes copyright issues are essentially black or white. There was obvious infringement. It was done for commercial gain. It was bad; it shouldn’t have happened. Period. Often, however, things are not so clear and there are various shades of grey involved. This is one of those cases. I will let you be the judge since … Continue reading "Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist?

Designs 246

Designs Design Copyright 246

Plagiarism Today

JUNE 8, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Photographer Sues Leaseweb for Hosting ‘Copyright Infringing’ Sites. First off today, Ernesto Van der Sar reports that a photographer has filed a lawsuit against the hosting company Leaseweb, claiming that the company has ignored copyright infringements taking place on its network.

Copyright Infringement 189

Copyright Infringement Copying Plagiarism Reporting 189

Erik K Pelton

JUNE 8, 2022

Today is apparently something called “World Anti-Counterfeiting Day” This day is used – by big companies no doubt, to call attention to the harm that fakes cause, and how prevalent they are. Fakes are a problem and one that is worthy of efforts to stop. Big brands – that make many millions of dollars – rightfully want to reduce the amounts of fakes.

Branding 147

Branding Brands Branding Trademark 147

McKinsey Operations

JUNE 7, 2022

By 2030, AI could disrupt transportation and other key sectors in China, adding significant economic value—but only if strategic cooperation and capability building occur across multiple dimensions.

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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

The IPKat

JUNE 9, 2022

Derek "Del Boy" Trotter (fictional) Can a fictional character be protected as a self standing copyright work? If so, what is the test to be applied? In a judgment handed down yesterday - Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) - the Intellectual Property Enterprise Court (IPEC) answered 'yes' and applied guidance derived from EU law, including the decision of the Court of Justice of the European Union (CJEU) in Cofemel (Katposts here ).

Copyright 145

Copyright Intellectual Property Law Copyright Infringement 145

Plagiarism Today

JUNE 7, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Paramount Pictures faces copyright lawsuit over ‘Top Gun: Maverick’ First off today, Joe Hernandez at NPR reports that Paramount Pictures is facing a lawsuit over their new movie Top Gun: Maverick. The lawsuit was filed by Shosh and Yuval Yonay, the widow and son of Ehud Yonay.

Registration 178

Registration Artwork Licensing Copyright 178

TorrentFreak

JUNE 8, 2022

With illegal streaming of live sporting events still causing headaches for leagues and broadcasters alike, rightsholders continue to demand more flexible tools to prevent infringement, especially via pirate IPTV services. ISP blocking is one of the preferred anti-piracy tools and in 2019, following a complaint from major media companies including Rogers, Bell and TVA, Canada’s Federal Court approved the country’s first blocking injunction targeting IPTV service GoldTV.

IP 143

IP Reporting Television Copying 143

The IPKat

JUNE 5, 2022

A recent judgment that caught this Kat's attention was delivered by the High Court of England & Wales further to a trade mark infringement claim brought by members of the Swatch group of watch makers against Samsung ( Montres Breguet S.A. and others v Samsung Electronics Co. Ltd. and Samsung Electronics (UK) Limited [2022] EWHC 1127 (Ch) ). The claim related to digital watch faces / watch face apps that could be downloaded to Samsung's smartwatches from the Samsung Galaxy App store ("SGA sto

Designs 144

Designs Design Branding Brands 144

Plagiarism Today

JUNE 6, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Mariah Carey Sued Over Copyright on Mega-Hit “All I Want for Christmas Is You” First off today, Helen Ray at CBS News reports that Mariah Carey is being sued for $20 million over her hit holiday song All I want for Christmas is You. The lawsuit was filed by musician Andy Stone, known artistically as Vince Vance and the Valiants, accusing Carey of infringing a song he wrote of the same name before hers

Licensing 174

Licensing Plagiarism Copyright Reporting 174

McKinsey Operations

JUNE 6, 2022

A senior partner in McKinsey’s Johannesburg office and chairman of the firm’s Africa region shares his views on purpose, untraditional paths, and why people must be not only good mentors but also good protégés.

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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

JUNE 10, 2022

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has shuttered hundreds of pirate sites and services in recent history. BREIN has also targeted several prolific BitTorrent uploaders and other infringers with success. However, tracking down and going after individual file-sharers is quite resource-intensive and the anti-piracy group aims to cast its net wider.

Privacy 138

Privacy Law IP Licensing 138

IP Watchdog

JUNE 6, 2022

On June 2, Dr. Stephen Thaler filed a complaint in the U.S. District Court in Washington, D.C. naming as defendants both the United States Copyright Office (USCO) and Shira Perlmutter, in her official capacity as Register of Copyrights and Director of the USCO. The complaint marks the start of a new phase of Thaler’s attempts at obtaining a copyright registration for “A Recent Entrance to Paradise,” an AI-generated work that is the output of Thaler’s AI system known as Creativity Machine.

Registration 137

Registration Copyright Inventor Technology 137

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff, Davis, is a member of two Facebook groups: “Ahwatukee411,” with over 32k members as alleged in the complaint (as the screenshot on the right shows, it’s now over 34k members), and “Protecting Arizona’s Resources & Children” (“PARC”), with 900+ members. Both groups are “private” Facebook groups: Both Ahwatukee411 and PARC have “always been” private, closed Facebook groups—meaning only group members can access and see posts made within the Groups.

Privacy 133

Privacy False Advertising Contracts Advertising 133

SpicyIP

JUNE 10, 2022

We’re pleased to bring you a guest post with an update with the Covid-19 TRIPS waiver from Sreenath Namboodiri. You can read the previous posts we’ve had on the TRIPS Waiver here. Sreenath is Assistant Professor at School of Law, Christ (Deemed to be University) Delhi NCR. His research focuses on intellectual property rights in relation to health systems, sustainable development and innovation, pharmaceutical patents, knowledge governance, and technology and law.

Licensing 133

Licensing Government Intellectual Property Law 133

TorrentFreak

JUNE 7, 2022

For more than 15 years, alleged file-sharers around the world have been pressured to pay significant settlement fees. These so-called ‘copyright-trolling’ efforts are pretty straightforward. Copyright holders obtain a list of ‘pirating’ IP-addresses and then request a subpoena from the court, compelling ISPs to hand over the associated customer data.

Copyright 138

Copyright Social Media Settlement IP 138

IP Watchdog

JUNE 8, 2022

United States Patent and Trademark Office (USPTO) Director Kathi Vidal has intervened in two Patent Trial and Appeal Board (PTAB) cases that have caused much controversy in the patent world. Vidal yesterday granted Director Review in both OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064 and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, both of which have been the subject of scrutiny by members of Congress and patent practitioners, since the petitioners involve

Technology 135

Technology Patent Business Trademark 135

McKinsey Operations

JUNE 9, 2022

New research shows that innovation leaders are rapidly ascending beyond their peers by comprehensively committing themselves to delivering net new growth at scale.

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The IPKat

JUNE 6, 2022

When does a third-party sign unlawfully evoke the denomination “Champagne” ? The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). The court found that “Champanillo” is an evocation of “Champagne” and thus an infringement under the EU law on geographical indications (GIs).

Social Media 128

Social Media Advertising Advertising Designs 128

TorrentFreak

JUNE 4, 2022

When torrent sites, streaming portals and IPTV services suddenly disappear or find themselves fighting a lawsuit, it’s common for users to be taken by surprise. Social media platforms including Twitter, Facebook and Reddit are suddenly alive with questions seeking information on what happened to Site X or IPTV Service Y but, in many cases, potential answers have been available for some time.

Social Media 135

Social Media IP Copyright 135

IP Watchdog

JUNE 5, 2022

The International Trademark Association (INTA) on Friday filed an amicus brief with the European Union Intellectual Property Office’s (EUIPO’s) Grand Board of Appeal, arguing that "the terms 'public policy' and 'principles of morality' are inherently vague and therefore carry with them a risk of an inconsistent application and a danger of each examiner being tempted to follow personal preferences rather than clear legal guidance" with respect to a trademark on the term “COVIDIOT” not being “full

Trademark 127

Trademark Intellectual Property IP 127

McKinsey Operations

JUNE 9, 2022

Black beauty consumers and brands face deep challenges when it comes to equity. Removing those barriers can lead to greater opportunity for everyone in the industry.

Branding 129

Branding Brands Branding 129

IPilogue

JUNE 7, 2022

Serena Nath is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Introduction. Despite great excitement and advancement in intellectual property rights, the rights of the visually impaired have been ignored. Copyright law reform has allowed publishers and innovators to prevent third-party reproduction of their work. However, this also included reproduction for the purpose of creating materials for those who are visually impaired.

Copyright Law 120

Copyright Law Copyright Intellectual Property Law 120

TorrentFreak

JUNE 7, 2022

Over a period of more than 10 years, companies run by businessman Steven King found ways to utilize copyrighted content owned by others to generate substantial profits. According to the Premier League, Steven King, Paul Rolstona and Daniel Malone offered subscription packages to more than 1,000 pubs, clubs and homes throughout England and Wales, via their websites DreamBoxTV.co.uk and YourFootie.com.

Copyright 133

Copyright Reporting Law 133

IP Watchdog

JUNE 7, 2022

United States Patent and Trademark Office (USPTO) Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director Drew Hirshfeld will step down from a nearly 30-year career with the Office on June 21, the USPTO announced today. Hirshfeld became Commissioner for Patents with the USPTO in 2015. He was appointed to a second five-year term in that role in July 2020.

Intellectual Property 124

Intellectual Property Technology Patent Trademark 124

McKinsey Operations

JUNE 7, 2022

Resilience should be seen as the ability to deal with adversity, withstand shocks, and continuously adapt and accelerate as disruptions and crises arise over time.

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Technology & Marketing Law Blog

JUNE 4, 2022

Rapists pretended to be Uber drivers, picked up women under false pretenses, and raped them. As the court summarizes, “Jane Does seek to hold Uber liable for failing to warn them about or implement other measures to protect them against rapists employing the fake Uber scheme in the portions of West Hollywood and Los Angeles where the Uber entities knew rapists had repeatedly implemented the scheme.” The question is whether Uber had a special relationship with the passengers sufficien

Business 113

Business Technology Marketing Marketing 113

TorrentFreak

JUNE 10, 2022

Late August 2022, game developer Bungie filed a lawsuit against the creators of software that enabled cheating in Destiny 2. The complaint named Canadian business entities Elite Boss Tech and 11020781 Canada Inc., owner Robert James Duthie Nelson, plus a number of ‘Doe’ defendants said to be involved in the creation, sale, and distribution of the software.

Copyright 129

Copyright Derivative Work Intellectual Property Copyright Infringement 129

IP Watchdog

JUNE 9, 2022

On June 8, the Biden Administration announced a detente on the issue of standard essential patents (SEPs) through coordinated statements made by the United States Patent and Trademark Office (USPTO), Department of Justice Antitrust Division, and National Institute of Standards and Technology (NIST). The casual reader, or reader who only quickly glanced at the headlines, might be mistaken into believing the Biden Administration had declared war on SEP owners due to the Administration rescinding t

Publishing 120

Publishing Patent Technology Trademark 120

McKinsey Operations

JUNE 10, 2022

As the semiconductor shortage persists, the automotive industry will likely benefit from new sourcing models and stronger bonds between OEMs, Tier 1 suppliers, and semiconductor suppliers.

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JD Supra Law

JUNE 7, 2022

USPTO Terminates Rospatent as ISA and IPEA for International Applications - In a News Brief issued last week, the U.S. Patent and Trademark Office announced that it had notified the Russian Federal Service for Intellectual Property, ?Patents and Trademarks (Rospatent) of the USPTO's intent to terminate ?its agreement concerning Rospatent functioning as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for international applications received by.

Intellectual Property 111

Intellectual Property Trademark Patent 111

TorrentFreak

JUNE 6, 2022

Over the past few years, stream-ripping service Yout.com has fought legal battles on several continents. The most prominent lawsuit was filed by the site’s operator, American developer Johnathan Nader, who took the RIAA to court in an attempt to have the site declared legal. Criminal Prosecution. The RIAA case is still pending but, in the meantime, Yout has other battles to attend to.

Copyright Infringement 128

Copyright Infringement Copyright Law 128

IP Watchdog

JUNE 9, 2022

On June 6, Paramount Pictures got its tower buzzed for copyright infringement in the U.S. District Court for the Central District of California over the blockbuster film of the summer, Top Gun Maverick. According to the allegations in the complaint, in 1983, author Ahud Yonay wrote a magazine story about the real-life exploits of two naval fighter pilots entitled, “Top Guns.

Copyright 119

Copyright Copyright Infringement Litigation Law 119

McKinsey Operations

JUNE 6, 2022

The age of assuming that innovation requires physical proximity is over. Innovators are embracing a new model.

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Barry Sookman

JUNE 6, 2022

Orders requiring ISPs to block websites that make available copyright infringing materials are commonly made in many countries around the world. The courts’ equitable jurisdiction to make such orders in Canada was recently approved by the Federal Court of Appeal in the Teksavvy Solutions Inc. v. Bell Media Inc. 2021 FCA 100 ( GoldTV) , (leave to appeal to the Supreme Court dismissed ).

Copyright Infringement 108

Copyright Infringement Copyright 108

TorrentFreak

JUNE 5, 2022

With datacenters in Europe, Asia and the United States, Leaseweb is a big player in the hosting space. The company has thousands of customers that come in all shapes and sizes. This includes some that are labeled as pirate sites or otherwise find themselves accused of copyright infringement. This hasn’t gone unnoticed. Ten years ago it was revealed that Megaupload hosted hundreds of servers at Leaseweb and, at one point, Hollywood even considered taking the company to court.

Copyright Infringement 126

Copyright Infringement Copyright Copying Publishing 126