Sat.Nov 19, 2022 - Fri.Nov 25, 2022

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3 Count: Twitter Troubles

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Twitter’s Broken Its Copyright Strike System, Users Are Uploading Full Movies. First off today, Paul Tassi at Forbes reports that, amid the turmoil at Twitter, the site’s copyright detection system appears to be broken and is allowing users to upload full pirated movies to their Twitter accounts.

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Britain’s Proposed Approach to Text and Data Mining (TDM) for AI: How Not to do It (A Lesson for Canada and Others).

Hugh Stephens Blog

Last month I wrote about the emerging phenomena of AI-generated art through widely available programs such as DALL-E 2, Stable Diffusion and others, and of the threat they pose to artists, designers, photographers and others who depend on the protection of copyright to earn their livelihood. This also includes musicians and writers. Artificial Intelligence (AI) … Continue reading " Britain’s Proposed Approach to Text and Data Mining (TDM) for AI: How Not to do It (A Lesson for Canada and O

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Think Like a USPTO Trademark Examiner Does

Erik K Pelton

What does an examiner at the USPTO consider when they review a trademark application? And how does it impact drafting and filing an application to register a trademark? Learn more in this episode from former USPTO examiner Erik Pelton. The post Think Like a USPTO Trademark Examiner Does appeared first on Erik M Pelton & Associates, PLLC. What does an examiner at the USPTO consider when they review a trademark application?

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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

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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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3 Count: Wriggling Worms

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Shenseea Hit With Second Copyright Lawsuit For US$450,000 Over ‘Foreplay’ Video. First off today, Claudia Gardner at DancehallMag reports that Jamaican dancehall artist Shenseea is facing a copyright infringement lawsuit filed by Stephanie Sarley, a visual artist who accuses Shenseea of infringing the copyrights of three of her pieces.

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That great, free First Amendment thing (Best of 2017)

Likelihood of Confusion

First published July 24, 2017. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

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Z-Library’s Tor Network Site Has Also Gone Offline

TorrentFreak

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names. Following an FBI investigation, the authorities identified Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects.

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The clean hydrogen opportunity for hydrocarbon-rich countries

McKinsey Operations

Hydrogen could play an important role in helping hard-to-abate sectors meet climate targets. Countries with hydrocarbon resources and industry expertise can help build and scale the needed technology.

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Dismissing Digital News Outlets: Liberal MP Claims Online News Services Don’t Report News

Michael Geist

Since its introduction last spring, online news outlets have expressed fears that Bill C-18, the Online News Act, will primarily benefit large incumbent news organizations. Those concerns grew once the Parliamentary Budget Officer estimated that more than 75% of the revenues would go to broadcasters such as Bell, Rogers, and the CBC. After Postmedia and Torstar collect their share, there may be little left for innovative online startups.

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A 5 Month Check-In on the Copyright Claims Board (CCB)

Technology & Marketing Law Blog

I prepared these statistics on November 18, 2022, roughly 5 months after launch. Total number of cases: 247. This continues to imply a run rate of about 600 cases per year, or less than 2 cases per day. According to this site , plaintiffs are represented in 69 cases (28%). Unsurprisingly, lawyer-represented plaintiffs are clearing the CCB’s initial screening at about 2x the rate of pro se plaintiffs.

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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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Book Review: ‘The Truth Pill: The Myth of Drug Regulation in India’

SpicyIP

We are thrilled to review Prashant Reddy’s new book on the Indian drug regulatory system! Co-authored with Dinesh Thakur their book – The Truth Pill – The Myth of Drug Regulation in India was released this October. Given that drug regulation has a direct nexus to public health, maybe even more than patents, several years ago, Shamnad, Prashant and Sai started a new initiative on SpicyIP to throw more light on India’s drug regulatory framework.

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Even in the metaverse, women remain locked out of leadership roles

McKinsey Operations

Five early indicators on women in the metaverse reveal gender inequality—especially in the leadership creating and setting metaverse standards.

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Could this music law help Spotify dodge future copyright infringement battles?

IPilogue

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. Do you remember contemplating whether you liked a trending pop song enough to spend $4.99? With the rise of online streaming services like Spotify and YouTube over the last two decades, listening to music has arguably changed for the better. However, with the convenience of streaming music through these digital platforms, the music industry has also had to deal with a wide range of copyright issues, inc

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“Liking” a Facebook Post Isn’t Defamatory–Gallagher v. MaternityWise

Technology & Marketing Law Blog

[WISHING YOU AND YOUR FAMILY A HAPPY THANKSGIVING]. In 2018, Young posted a Facebook review accusing plaintiff Gallagher of being a sexual predator. Defendant Croudace allegedly “liked” Young’s post. The court says the “threshold issue is whether, as a matter of law, Croudace’s act of ‘liking’ the Young Review is ‘reasonably susceptible of a defamatory meaning.'” The court says that “clicking ‘Like’ on a Facebook post that

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Don't blow Christmas: avoid a mistake, spot the fake

Intellectual Property Office Blog

Kelsey Jones, Senior Outreach and Engagement Advisor of the IPO's Enforcement team outlines the advice we're giving to consumers to help them stay safe from counterfeit electrical goods this festive period. With prices dropping across retail and Christmas around the corner, Black Friday and Cyber Monday can be irresistible. Because who doesn’t want to make their Christmas savings to go even further?

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Movie Studios Awarded $51.6m Piracy Damages Against IPTV Service Nitro TV

TorrentFreak

In April 2020, Columbia Pictures, Amazon Content Services, Disney Enterprises, Paramount Pictures, Warner Bros. Entertainment, plus three companies owned by Universal, filed a copyright infringement complaint at a California district court. The plaintiffs alleged that Nitro TV offered subscription packages consisting of thousands of live and title-curated television channels available twenty-four hours a day, seven days a week, throughout the United States and abroad.

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EPO President puts ViCo in opposition and examination on a permanent footing

The IPKat

The EPO has announced the EPO President's decision to make ViCo the default format for all opposition and examining oral proceedings from 1 January 2023. The President's Decision precedes the end of the ViCo pilot program at the end of this year and puts the use of ViCo at first instance on a permanent footing. On Zoom According to the President's Decision , oral proceedings before the Examining or Opposition Divisions should, from January, be held by ViCo by default.

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How Copyright Law Fosters Anti-Competitive Behavior, Part Infinity–Bayam v. ID Tech

Technology & Marketing Law Blog

Bayam and ID Tech run rival online jewelry businesses. Both use Shopify as a service provider. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits against Bayam and sending numerous DMCA takedown demands to Shopify. Bayam’s counternotices were ineffectual, leaving 123 Bayam products offline, and Shopify warned Bayam that it may terminate services to a repeat infringer.

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Novartis signs Voluntary License Agreement with the Medicine Patent Pool for Nilotinib

IPilogue

Pankhuri Malik is an Osgoode LLM Graduate, IPilogue Writer and IP Innovation Clinic Fellow. In a landmark development , Novartis has signed a Voluntary Licensing Agreement with the Medicine Patent Pool (MPP) for its nilotinib drug, used in treating Chronic Myeloid Leukemia (CML) in adults and children as young as a year old. Nilotinib is the first cancer treatment drug and the first drug for the treatment of non-communicable diseases to be voluntarily licensed in a public health initiative.

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Police Tracked Traffic of All National ISPs to Catch Pirate IPTV Users

TorrentFreak

Over the past two decades, pirate sites and services frequented by millions of users have been shut down following legal action. No longer useful for spreading files, many were repurposed to spread fear. In the wake of Hollywood’s 2005 win at the U.S. Supreme Court, the website of file-sharing service Grokster was transformed into a personalized warning.

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Pirate Sites Calling Themselves Libraries are Pirate Sites

The Illusion of More

I know I’m arriving late to this party. It’s almost Thanksgiving, but it was back on November 3 that two Russian nationals—Anton Napolsky and Valeriia Ermakov—were arrested in Argentina at the request of the United States on charges of criminal copyright infringement, wire fraud, and money laundering. Concurrent with the arrests, authorities seized 241 domains […].

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A tale of Black Friday

The IPKat

While many of our readers will be shopping over the weekend, this Kat has prepared a post on the German “Black Friday” litigation to keep you company while you’re queuing. On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. On December 20, 2013, the trade mark was registered for a large number of goods and services in classes 9, 35 and 41.

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Jack Daniel’s Will Get Its Shot at SCOTUS Review Against Dog Toy Maker

IP Watchdog

The U.S. Supreme Court yesterday granted a petition filed in August this year by Jack Daniel’s Properties, Inc. seeking clarification on whether the First Amendment protects VIP Products, LLC, a maker of dog toys that made humorous use of Jack Daniel’s trademarks for commercial purposes, against claims of infringement and dilution. The High Court previously denied Jack Daniel’s petition in January of 2021, and the U.S.

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Piracy App PikaShow’s Insane TV Stunt Reached Millions But Will End Badly

TorrentFreak

Late 2011, Megaupload founder Kim Dotcom published a promo video that surprised even the most hardened file-sharers. Produced by Printz Board, the catchy four-minute track featured personal appearances by stars including Kanye West, Will.i.am, Kim Kardashian, Floyd Mayweather, Jamie Foxx, Alicia Keys, and Snoop Dogg. Through carefully edited soundbites, the celebrities gave shining endorsements of Megaupload, with tens of millions watching the video, mostly on YouTube.

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When the game gets too real: Video games subjected to trademark infringement suits for depicting real-life vehicles

IPilogue

Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. For all the gamers out there, do you still remember the classic, pixelated games of the 2000s? Gone are the days where fiction and reality were easily discernible, with the emergence of hyper-realistic video games such as Call of Duty , NBA 2K and God of War depicting entire fantasy worlds at a crisp 1080p quality or better.

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United Therapeutics Corp. v. Liquidia Technologies, Inc. - Tyvaso® (Treprostinil)

JD Supra Law

Case Name: United Therapeutics Corp. v. Liquidia Technologies, Inc., Civ. No. 20-755-RGA, 2022 WL 3910252 (D. Del. Aug. 31, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Tyvaso® (treprostinil); U.S. Patents Nos. 9,593,066 (“the ’066 patent”) and 10,716,793 (“the ’793 patent”).

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Other Barks & Bites for Friday, November 25: Seventh Circuit Nixes Publicity Claim Against Subscriber List Sale, Copyright Office and USPTO Announce NFT Study, and Alia Moses Takes Over as Chief Judge of Western Texas

IP Watchdog

This week in Other Barks & Bites: U.S. District Judge Alia Moses officially takes over as the Chief Judge as the Western District of Texas; the U.S. Supreme Court takes up Jack Daniel’s appeal of the First Amendment ruling in favor of VIP Products’ whiskey bottle-shaped dog toys; the World Intellectual Property Organization announces that two-thirds of all patent applications were filed in Asian IP offices during 2021; Senators Cruz and Cantwell introduce a bill directing the FTC to create

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Google Ordered to Remove Pirate Site Domains From U.S. Search Results

TorrentFreak

Legal action filed last week by two Arizona-based companies aims to prevent pirate sites distributing their content. That’s not unusual in itself but the case is far from ordinary. Founded in 2005, CP Productions, Inc. produces adult entertainment media and uses its own website for distribution. Fornix Holdings, Inc. handles intellectual property matters for CP Productions and to date has registered 157 videos at the U.S.

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A Copyright Alliance Thanksgiving 2022

Copyright Alliance

It’s been over seven years now since I first took on the role as CEO of the Copyright Alliance. For most of those seven years, during the Thanksgiving season, I’ve […]. The post A Copyright Alliance Thanksgiving 2022 appeared first on Copyright Alliance.

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Vifor Fresenius Medical Care Renal Pharma Ltd. v. Teva Pharms. USA, Inc.

JD Supra Law

Case Name: Vifor Fresenius Medical Care Renal Pharma Ltd. v. Teva Pharms. USA, Inc., Civ. No. 18-390 (MN), 2022 WL 3562555 (D. Del. Aug. 18, 2022) (Noreika, J.) Drug Product and Patent(s)-in-Suit: Velphoro® (sucroferric oxyhydroxide); U.S. Patent No. 9,561,251 (“the ’251 patent”).

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What matters: How to scale advanced analytics in corporate functions

McKinsey Operations

Organizations are starting to embrace advanced analytics as a core pillar of innovation within their general and administrative functions.

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Z-Library Responds to U.S. Crackdown, Asks Authors for Forgiveness

TorrentFreak

With millions of regular visitors, Z-Library is one of the largest repositories of pirated books on the Internet. The site has nearly 12 million copies of books in its digital archive, which is shared with the world for free. U.S. Z-Library Crackdown. Many authors and publishers are unhappy with the ‘shadow library’ and are now receiving support from the U.S.

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NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications

IP Watchdog

The New York Intellectual Property Law Association (NYIPLA) filed an amicus brief last Thursday in the U.S. Supreme Court in In re Grand Jury. The petition was filed in April this year, presenting the Supreme Court with the question of whether communication involving both legal and non-legal advice should be protected by attorney-client privilege. The question has broad implications for attorney-client privileges, especially for intellectual property lawyers, says the NYIPLA brief.

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Another Tough People Search Ruling–Spindler v. Seamless

Technology & Marketing Law Blog

Seamless offers a customer lead tool that displays the prospect’s personal information behind a subscription paywall with try-before-you-buy options. The plaintiff sued Seamless for violations of California’s publicity rights statute and related claims. The court denies Seamless’ motion to dismiss. Section 230. Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.

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In the boardroom with Alison Watkins: CEOs, boards, and leading through crisis

McKinsey Operations

Alison Watkins, who is a board member of CSL, the Reserve Bank of Australia, and Wesfarmers, believes that there is growing alignment—and a healthier balance—between CEOs and board members.

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