Sat.Jun 11, 2022 - Fri.Jun 17, 2022

Unravelling the Complexities of the Canadian Content (Cancon) Conundrum

Hugh Stephens Blog

“Feds to modernize definition of a Canadian film and TV program” screamed the headline.

‘Pirate’ Streaming Apps Beat Netflix and Disney in Brazil’s Play Store


Over the past decade, mobile applications have become the standard platform for most people to consume content online. Whether it’s for shopping, news, or entertainment, there is a mobile app available for any type of content.


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Heritage Minister Pablo Rodriguez Betrays Democratic Norms To Rush Bill C-11 Through Committee

Michael Geist

The Standing Committee on Canadian Heritage conducted the one day of debate on Bill C-11 yesterday that Canadian Heritage Minister Pablo Rodriguez and the Liberal government – aided and abetted by the NDP – required under a House of Commons motion.

Petition Asks SCOTUS to Clarify Takings Clause in Context of Copyright Infringement

IP Watchdog

Following a denial of rehearing en banc by the U.S. Court of Appeals for the Fifth Circuit in February, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, have now filed a petition for writ of certiorari with the U.S.

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.

Strong Statement by India at the 12th WTO Ministerial Conference


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How Does the Supply Chain Impact the World of Trademarks?

Erik K Pelton

The following is an edited transcript of my video How Does the Supply Chain Impact the World of Trademarks?

Air Force Materiel Command Law Office is Seeking a Patent Attorney (NH-IV)

IP Watchdog

The Department of the Air Force, Air Force Materiel Command Law Office is seeking a seasoned patent attorney with strong technical skills in electrical engineering. This full-time position is located at Wright-Patterson AFB in Dayton, Ohio with teleworking options available.

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

JD Supra Law

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law.

YouTube and Facebook Are the Top ‘Pirate Sites’ in Denmark


Over the past two years, Danish law enforcement authorities have effectively dismantled the once-thriving local torrent tracker scene. These enforcement actions were combined with various court orders that compel Internet providers to block pirate sites.

The Copyright Claims Board is Open for Service. Now We Wait.

The Illusion of More

The small claim tribunal, the Copyright Claims Board, opened its virtual doors yesterday, and by EOD, about a dozen claims were on the docket. A glance at the named defendants reveals a list of commercial users who allegedly infringed protected works, which is no surprise and probably good news.

WTO Announces COVID Vaccine Waiver Deal That Virtually No One Wants

IP Watchdog

Following a week of round-the-clock deliberations, the World Trade Organization (WTO) this morning announced a deal on waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

[Video] No Password Required: The Former NSA Director and Storyteller Whose Life Resembles a Grisham Novel

JD Supra Law

Vice Admiral Mike McConnell is the former director of the National Security Agency (NSA) and the current Executive Director of Cyber Florida.

Law 91

Canadian Judge: Movie Company’s Piracy Evidence Just Not Good Enough


Among the many movie companies that have attempted to turn piracy into profit, Voltage Pictures and parent Voltage Holdings stand out among the most persistent.

How to Look Good at the Cost of Your Successor (Please Don’t!)–Part 1

Christopher Roser

This post series will be an unusual one. I will tell you how to look good in manufacturing at the cost of your successor. Of course, I do NOT want you to do that. Not only will there be no improvement, but instead the plant will be worse in the long run at the cost. Read more.


WTO Conference Could End with Agreement on COVID Vaccine IP Waiver This Week

IP Watchdog

The World Trade Organization's (WTO’s) 12th Ministerial Conference is set to take place this week, June 12-15, at WTO headquarters in Geneva, Switzerland.

IP 99

Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)


After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here ) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it.

Music Publishers Launch Crackdown on Copyright Infringing Apps


The music industry has battled against various forms piracy for several decades, but it’s hard to root out. Many of the enforcement efforts are targeted at services or tools that offer pirated content, but there are less visible copyright infringement challenges too.

Music 100

Defending the Indefensible: If Bill C-11 Won’t Pass Until the Fall, Why is the Government Cutting Off Debate and Review Now?

Michael Geist

The government’s motion to cut off Bill C-11 debate will head to a vote on Monday as it seeks to wrap up submission of amendments, voting on all amendments, the House of Commons report stage, and third reading within a week.

Vaccine Access Advocacy Groups Speak Out as COVID IP Waiver Talks Heat Up

IP Watchdog

The People’s Vaccine Alliance issued a statement today, one day before the World Trade Organization’s 12th Ministerial Conference is set to end, accusing the United Kingdom and Switzerland of being “major blockers of the TRIPS waiver for twenty months while millions have died without access to COVID-19 vaccines.”

IP 97

Ninth Circuit Decision Provides Clarity While Raising New Questions

JD Supra Law

The Ninth Circuit Court of Appeals recently held in AK Futures LLC v. Boyd St. Distro, LLC that delta-8 THC is legal for purposes of trademark protection. 35 F.4th 682, 686 (9th Cir. 2022).

Proposed Freedom to Repair Act Seems Unlikely to Make Streaming Piracy Worse


When Congress passed the Digital Millennium Copyright Act in 1998, section 1201 outlawed circumvention of technological protection measures controlling access to copyright works. The base concept is relatively simple.

26 Fish & Richardson Attorneys Named to the 2021 Capital Pro Bono Honor Roll

Fish & Richardson Trademark & Copyright Thoughts

Fish Also Honored for Pro Bono Legal Services by the. District of Columbia Circuit Judicial Conference Standing Committee. Fish & Richardson is proud to announce that 26 attorneys from its Washington, D.C., office have been named to the 2021 Capital Pro Bono Honor Roll.

Would it be SMART to Tweak the DMCA?

Velocity of Content

1998 was a very long time ago, especially if considered on the time scale of American politics and governance. Bill Clinton was President, Rep. Newt Gingrich was Speaker of the House, and Trent Lott was Senate Majority Leader. William Rehnquist was Chief Justice.

Heavy Uptick in Patent and Trademark Mass Mailers

JD Supra Law

Mass mailers have been around in the U.S. since at least 1835.i Most are innocuous. “10% 10% off at your local pizzeria.” Weekly specials on bananas and ground beef at your local grocery.” Rarely do they catch your attention or give you any pause. By: McDonnell Boehnen Hulbert & Berghoff LLP

Nintendo Nemesis Max Louarn: Hacker, Rebel, and Wanted by the FBI


In the fall of 2020, the U.S. Government indicted three members of the infamous group Team Xecuter, the masterminds behind various Nintendo hacks. The authorities arrested Canadian Gary Bowser in the Dominican Republic and Frenchman Max Louarn was detained in Tanzania.

Attorneys Kenneth Darby and Casey Kraning Author Westlaw Journal IP Article “Prior Art Stipulations, a Petitioner’s Tool for Addressing Fintiv Denials”

Fish & Richardson Trademark & Copyright Thoughts

Principal Kenneth Darby and Associate Casey Kraning discuss the PTAB’s precedential decision in Sotera Wireless, Inc. Masimo Corporation. PDF copy available. Prior Art Stipulations, a Petitioner’s Tool for Addressing Fintiv Denials.

McBummer: Thoughts on the McFamily of Trademarks McConcept

Likelihood of Confusion

I’ve written before about the odd cultural juxtaposition of McDonald’s and the Muslim world. It turns out I don’t know the half of it! Now McDonald’s has lost its effort.

New Forum for Copyright Small-Claims Disputes Begins Accepting Complaints

JD Supra Law

Claimants pursuing certain copyright claims may now access a new, more economical, and potentially more expedient alternative to federal-court litigation.

Big Tech Protests US Pirate Site Injunction “Power Grab” Against Cloudflare


This April, United King Film Distribution, DBS Satellite Services, and Hot Communication (all members of Israel-based anti-piracy group Zira) won three copyright lawsuits against three pirate streaming sites. The operators of, and

The Bayh-Dole System Just Keeps Rollin’ Along – Despite Attempts to Throw it Off Track

IP Watchdog

How about some good economic news? That’s in short supply these days as the nation teeters on the brink of recession, driven by raging inflation and skyrocketing gas prices. But in good times and bad, our technology transfer system created by the Bayh-Dole Act just keeps chugging along.

Brianna Chamberlin Named a 2022 Twin Cities Notable Emerging Star in Law

Fish & Richardson Trademark & Copyright Thoughts

We are proud to announce that Brianna Chamberlin has been named a “Twin Cities Notable Emerging Star in Law” (2022) by Twin Cities Business. The “Notables” are nominated by their peers at work and in the community.

Copyright infringement case ruling may stymie NFT development in China

JD Supra Law

In the context of the global convergence towards the metaverse, non-fungible token (NFT) technologies and exchanges are developing rapidly worldwide.

ACE Shuts Down Pirate Site that Caused $0.50 in Damages, Per Visit


There is no denying that the Alliance for Creativity and Entertainment (ACE) has been rather successful over the past few years. The anti-piracy group, which represents prominent rightsholders such as Disney, Netflix, Warner Bros, and beIN, systematically hunts down key piracy players.