Plagiarism Today
APRIL 28, 2022
If you’re a student, budding journalist or just someone taking up writing, you definitely do not want to become known as a plagiarist. In schools, plagiarism carries with it severe penalties, including potential expulsion. Outside the classroom, being marked as a plagiarist, especially in a public way, is a permanent stain on one’s career. Though some careers move past it, the cloud is always there.
Hugh Stephens Blog
APRIL 24, 2022
This year the theme of World Intellectual Property (IP) Day, April 26, is “IP and Youth: Innovating for a Better Future”. As the World Intellectual Property Organization (WIPO) puts it; “Across the globe, young people are stepping up to innovation challenges, using their energy and ingenuity, their curiosity and creativity to steer a course towards … Continue reading "World IP Day: IP and Youth-Innovating for a Better Future (Kidovate as an Example)?
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Erik K Pelton
APRIL 25, 2022
The following is an edited transcript of my video Even Trademark Lawyers Make Branding Mistakes. Believe it or not, even trademark lawyers can make branding–or maybe even trademark mistakes–from time to time. I am here to tell you about a personal experience, something that happened about 20 years ago, and I don’t think think I have ever discussed it openly as I’m about to today.
The IPKat
APRIL 26, 2022
Let there be light! Nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is VALID.
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?
Plagiarism Today
APRIL 27, 2022
On April 13, Ben Dickson at The Next Web received an email from a lawyer with the name Nicole Palmer with the subject “DMCA Copyright Infringement Notice”. The letter was courteous and said that Dickson had used an image without permission. They were happy to have the image used, but simply wanted attribution back to the source. Dickson, however, began to investigate and found that he had obtained the photo from a free stock photo site, one that doesn’t require attribution.
SpicyIP
APRIL 24, 2022
IP Reveries: Class I – “IPR” – A Tantalising Term or Troubling Terminology? Swaraj Barooah & Lokesh Vyas. The introduction to this new series is laid out in a previous blogpost here. If you haven’t already, please read that to help make sense of this new series! Fair warning, this introductory post is longer than usual but we hope it makes for some easy Sunday reading!
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
APRIL 26, 2022
Censored. As The IPKat reported earlier today, nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is compa
Plagiarism Today
APRIL 28, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Drake Dropped From Copyright Suit Over Chris Brown Collab “No Guidance,” Judge Makes “Started From the Bottom” Joke. First off today, Brad Callas at Complex reports that the rapper Drake has been dismissed from the No Guidance lawsuit, leaving Chris Brown as the only artist who worked on the track as a defendant.
SpicyIP
APRIL 24, 2022
Intellectual Property Rights – a fascinating ‘subject’ that inadvertently touches upon so many aspects of our day to day life, whether we’re conscious of it or not. A few decades ago, even most lawyers wouldn’t have been able to clearly explain what a patent is. Fast forward to today, and while there’s still plenty of misunderstanding – patents, copyrights, trademarks, inventions, innovations, 4th industrial revolution, etc have all become buzzwords!
IP Watchdog
APRIL 25, 2022
Comcast and the High Tech Inventors Alliance (HTIA) filed amicus briefs last week backing a Supreme Court petition brought by Cisco Systems, Inc. last month. The petition asks the Court to consider whether: 1) enhanced damages may be awarded absent a finding of egregious infringement behavior; and 2) whether the U.S. Court of Appeals for the Federal Circuit (CAFC) may award enhanced damages without first allowing the district court to exercise its discretion to decide that issue.
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TorrentFreak
APRIL 25, 2022
In recent years the European Commission has proposed and adopted various legislative changes to help combat online piracy. This includes the Copyright Directive which passed in 2019 as well as the Digital Services Act (DSA), which was officially unveiled at the end of 2020. The new legislation was met with fierce criticism. Some believe that it will lead to more ‘dumb’ upload filters.
Plagiarism Today
APRIL 25, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Dan + Shay, Justin Bieber Sued for ‘10,000 Hours’ Copyright Infringement. First off today, Mathew Lemkuehler at The Tennessean reports that a new lawsuit claims the song 10,000 Hours , performed by Dan + Shay and Justin Bieber, is a copyright infringement of an earlier work.
Patently-O
APRIL 24, 2022
15 years ago, several studies announced the “death of the doctrine of equivalents” post Festo. The chart below shows that courts have continued to write opinions about the DOE, and there have been several major cases where the doctrine was an important element of the patentee’s win.
IP Watchdog
APRIL 24, 2022
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday directed Judge Alan Albright’s Waco Division of the U.S. District Court for the Western District of Texas to transfer a case brought by CPC Patent Technologies PTY Ltd against Apple to the Northern District of California. The CAFC said the district court erred in weighing the convenience of the witnesses factor as only slightly favoring transfer, noting that the court has historically rejected the view that this factor should be
IPilogue
APRIL 26, 2022
Photo by Brittney Weng ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. . EOS Products (“EOS”), the U.S. based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”).
Plagiarism Today
APRIL 27, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. The new copyright directive, which was passed in 2019, requires web hosts and other online service providers to prevent infringing works from being reup
TorrentFreak
APRIL 23, 2022
Whether movies and TV shows, music or other types of piracy, most major anti-piracy enforcement groups have a dedicated niche to protect. Dutch anti-piracy group BREIN covers them all. In a report last summer, BREIN revealed that in addition to taking down more than 460 pirate sites and services, it had 180 Pirate Bay proxies blocked at ISPs, played a part in 338 more shutting down, tackled 23 pirate IPTV sellers, 33 illegal streaming sites and reached settlement agreements with 42 “identi
IP Watchdog
APRIL 29, 2022
Funeral services will be held in Salt Lake City, Utah, on Friday, May 6, for Senator Orrin Hatch, who died on Saturday, April 23, 2022, at the age of 88. Hatch was Utah’s longest-serving senator, first sworn in by Vice President Nelson Rockefeller as a member of the 95th Congress in 1977, and co-author of one of the most significant IP bills ever passed, the 1984 Hatch-Waxman Act.
IPilogue
APRIL 29, 2022
Photo by Kerde Severin ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. Sony’s PlayStation 5 (PS5) has been consistently out of stock worldwide since its 2020 release. This situation results from the global chip shortage caused by the Covid-19 pandemic and unkind scalpers. But have you heard about GS5?
Plagiarism Today
APRIL 26, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘You Raise Me Up’ Copyright Fight Rejected by Supreme Court. First off today, Kyle Jahner at Bloomberg reports that the Supreme Court has declined to review a case that pits the 2003 Josh Groban song You Raise Me Up. The lawsuit was filed by Johannsongs-Publishing Ltd, which claimed that the Groban song was a copyright infringement of a 1977 Icelandic song Söknuður.
The IPKat
APRIL 29, 2022
WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). Katfriends Desmond Oriakhogba and Dick Kawooya have provided a highlight of the key portions of the Work Program proposed by the Africa Group.
IP Watchdog
APRIL 25, 2022
This week in Washington IP news, the Senate Health Committee will host a hearing on Tuesday to address ways that the U.S. Food & Drug Administration’s user fee program can better advance innovation in medical products. In the House of Representatives, the Financial Services Committee will explore data privacy and consumer protection concerns that are related to the increasing available of digital wallets on mobile devices.
TorrentFreak
APRIL 25, 2022
Following a disastrous few years at the turn of the century where the major labels failed to accept the direction their own industry was heading, streaming services such as Spotify are now giving the majority of music consumers what they have demanded all along. Massive libraries of accessible music at prices suitable for all pocket depths are helping the industry back to its glory days, with last year proving the most successful on record.
Intellectual Property Office Blog
APRIL 26, 2022
E very year, on the 26 April, World IP Day is celebrated across the globe. Hosted by the World Intellectual Property Organization, it has a new focus each year. The theme for 2022 is ‘Innovation and Youth’. Innovation without limits. The world is an exciting place for young innovators. Our constantly evolving, increasingly eye-opening environment offers a diversity of opportunity for all ages to create and have their content seen on a worldwide scale. .
Technology & Marketing Law Blog
APRIL 29, 2022
The plaintiffs allege that Facebook runs third-party ads for scammy third-party merchant websites. One plaintiff claims a merchant didn’t send the ordered goods as described. Another plaintiff claimed that a merchant never sent any goods at all. The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal.
IP Watchdog
APRIL 27, 2022
A recent New York Times Editorial Board opinion urged comprehensive reform of America’s patent system by focusing on a few examples of what the Board views as “bad” drug-related patents. Unfortunately, the opinion does not define what makes a patent good or bad. Nor do the sources relied on by the Board provide open access to the underlying data on which such judgments are made.
IPilogue
APRIL 27, 2022
Photo by Josh Miller ( Unsplash ). Andrew Masson is an IPilogue writer and 1L JD candidate at Osgoode Hall Law School. YouTube content creators must be hyper-aware of copyright. In one of the strangest instances of a copyright takedown, Bungie, the developer of Destiny 2, was issued copyright takedowns on their own YouTube page for content they created and held copyright in.
Michael Geist
APRIL 27, 2022
The Canadian government plans to extend the term of copyright from the international standard of life of the author plus 50 years to life plus 70 years without mitigation measures that would have reduced the harms and burden of the extension. The Budget Implementation Act , a 443 page bill that adopts the omnibus approach the government had pledged to reject, was posted late yesterday by Finance Minister Chrystia Freeland’s department and could be tabled in the House of Commons as early as
JD Supra Law
APRIL 25, 2022
When two parties come together to discuss a new idea or potential collaboration, the parties are usually operating under the protection of a non-disclosure agreement (NDA). If the parties decide to work together, they will most likely enter into a services agreement outlining their respective rights and obligations, including intellectual property (IP) ownership and commercialization rights.
IP Watchdog
APRIL 25, 2022
A group of patent practitioners told the Supreme Court on Thursday that a case involving a patent for a type of content player would be a better vehicle for unraveling the patent eligibility problem than American Axle & Manufacturing v. Neapco Holdings, which has been awaiting a brief of the U.S. Solicitor General for about one year now. The case is Interactive Wearables, LLC v.
Technology & Marketing Law Blog
APRIL 23, 2022
This is another one of the many unsuccessful lawsuits over online account terminations. The court previously rejected most of this lawsuit on a mix of Section 230 grounds and the prima facie elements, but permitted the plaintiff to try again on the claim that Facebook breached the implied covenant of good faith and fair dealing by not providing an explanation for the account termination.
Kluwer Copyright Blog
APRIL 26, 2022
Photo by Markus Spiske on Unsplash. This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. In simple terms, the main issue before the Court was the validity of the preventive measures required by Article 17(4) (b) and (c) in fine in light of the right to freedom of expression and information recognized in Article 11 of the Charter; in the alternative, should these provisions not be severable from Article 17 as a whole, the Republic of
Patently-O
APRIL 28, 2022
by Dennis Crouch. Earlier this month, I posted a short essay about recent enablement cases at the PTAB. Section 112(a) includes three disclosure requirements: written description; enablement; and best mode. I would further divide written description into two categories: new matter and Ariad -style. Thus we get: New Matter Written Description : Any amendments made to the claims during prosecution must be supported by the originally filed specification.
CopyrightsWorld
APRIL 29, 2022
In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.
JD Supra Law
APRIL 29, 2022
“The more you know, the less you need.” ? Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a design patent application, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”.
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