Sat.Jun 19, 2021 - Fri.Jun 25, 2021

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The Artists’ Resale Right: A Matter of Simple Fairness

Hugh Stephens Blog

Canadian artist E.J. Hughes, although likely not a household name to many outside Canada, is nonetheless one of the iconic artists of the west coast of Canada. His paintings chronicle the relatively recent history of the coast of British Columbia (BC), as the example above shows.

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We’re hiring! Seeking Associate Attorney, Trademark

Erik K Pelton

We are excited to to announce that we are hiring an Associate Attorney in our trademark firm! Details and application information below: Erik M Pelton & Associates – Job Posting Associate Attorney Trademark by Erik Pelton on Scribd. The post We’re hiring! Seeking Associate Attorney, Trademark appeared first on Erik M Pelton & Associates, PLLC.

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Trending Sources

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CJEU rules on platform liability under copyright law, safe harbours, and injunctions

The IPKat

Do platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive ? At what conditions is the hosting safe harbour under Article 14(1) of the Ecommerce Directive available? What may be the requirements for injunctions under Article 8(3) of the InfoSoc Directive? These are some of the questions that the German Federal Court of Justice had referred to the Court of Justice of the European Union (CJEU) in two separate cases, which

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The Difference Between Plagiarism and Copyright Infringement

Copyright Alliance

There are many differences between plagiarism and copyright infringement, yet it can be easy to confuse these concepts. While both plagiarism and copyright infringement can be characterized as the improper […]. The post The Difference Between Plagiarism and Copyright Infringement appeared first on Copyright Alliance.

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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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Midnight Madness: As Canadians Slept, the Liberals, Bloc and NDP Combined to Pass Bill C-10 in the House of Commons

Michael Geist

The Liberal government strategy of multiple gag orders and a “super motion” to limit debate bore fruit last night as Bill C-10 received House of Commons approval at 1:30 am. The Parliamentary process took hours as the government passed multiple motions to cut short debate, re-inserted amendments that had been previously ruled null and void , and rejected a last-ditch attempt to restore the Section 4.1 safeguards for user generated content.

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Standard character vs design mark trademark applications

Erik K Pelton

One of the key choices at the start of a trademark application process for many is whether to protect a name alone (standard character) or a logo (design mark). Below are some of the key differences to consider when making that choice. For more, see my video Protecting Words vs. Logos when applying for trademark registration. The post Standard character vs design mark trademark applications appeared first on Erik M Pelton & Associates, PLLC.

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More Trending

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GI protection revives caper production on Pantelleria

WIPO Magazine

Gabriele Lasagni, CEO of Bonomi&Giglio, a leading producer of capers on the island of Pantelleria in Italy explains how GI protection has supported caper production on the island and enabled his company to thrive as well as his plans for the future.

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“This Bill Reminds Me of the Maginot Line”: The Bill C-10 Debate Arrives at the Senate

Michael Geist

The House of Commons may have adjourned for the summer (and likely longer given speculation about an election call), but the Senate plans to keep meeting until next week as it seeks to wrap up several bills, most notably the government’s budget bill. The ongoing Senate work also means that Bill C-10 is back. The bill received first reading on Tuesday, which meant that it was merely tabled in the Senate.

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Bold Brands Are Like Bees to Pollinate Marketing

Erik K Pelton

The following is a transcript of my video Bold Brands Are Like Bees to Pollinate Marketing. As you know, one of my slogans is “Making Trademarks Bloom Since 1999” As a result, I use a lot of plant and flowering—in particular sunflower imagery and terminology—in my marketing, on my website, social media, and incorporate it into other episodes of our videos and podcast in some ways.

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Event reminder - next week's rapid response panel discussion on CJEU's YouTube/Cyando ruling

The IPKat

As reported by The IPKat, earlier this week the Court of Justice of the European Union (CJEU) issued its keenly and long-awaited ruling in YouTube , C-682/18 and Cyando , C-683/18. As announced several weeks ago, on Thursday, 1 July, The IPKat will be joining forces with the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University and the British Literary and Artistic Copyright Association (BLACA) and organising a rapid response panel discussion on the content and implic

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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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The Interplay of Big Data and Intellectual Property Rights

Kashishipr

What is Big Data? Big data is a relatively new concept that has created a greater conundrum in the realm of Intellectual Property (IP) laws. Big data refers to the large and diverse sets of information that can grow at an ever-increasing rate. Such collection of massive structured, unstructured, and multi-structured data is due to our constant interaction with smart gadgets and technologies like mobile phones, credit cards, televisions, computers, smart watches, etc.

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The When, How, and Why of Patent Validity Search

IP.com

In order to patent an invention, it must be novel, non-obvious, and useful. A patent examiner determines whether or not an invention fits these criteria with a prior art search. The post The When, How, and Why of Patent Validity Search appeared first on IP.com - IP Innovation and Analytics.

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The Trademark Instrument Panel

Erik K Pelton

Is your brand’s fuel tank full or running on empty? Is your brand protection in the green or possibly in the red zone? Learn more as Erik discussed the Trademark Instrument Panel in this episode. For more about the panel, see [link]. The post The Trademark Instrument Panel appeared first on Erik M Pelton & Associates, PLLC. Is your brand’s fuel tank full or running on empty?

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Court Tosses “Stuttering John” Lawsuit Based on Copyright Preemption

Copyright Lately

The judge rejects a claim that SiriusXM violated the right of publicity by broadcasting old Howard Stern shows featuring “Stuttering John” Melendez’s name, voice and likeness. Quick but important update on a case I first wrote about last December involving “Stuttering John” Melendez , a former Howard Stern show staffer whose schtick consisted of asking ridiculous “gotcha” questions during interviews with celebrities and politicians.

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Key IP considerations for smaller enterprises

WIPO Magazine

An overview of ways smaller businesses can draw on IP rights to protect and manage their IP assets and some of the complex issues that can arise.

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Supreme Court Finds PTAB Judges Unconstitutional

The IP Law Blog

5-4 Opinion Offers Judicial Workaround by Giving More Oversight to the USPTO Director. In U.S. v. Arthrex , case number 19-1434; Smith & Nephew v. Arthrex , case number 19-1452; and Arthrex v. Smith & Nephew , case number 19-1458, the Supreme Court of the United States recently held that Patent Trial and Appeal Board (PTAB) judges are unconstitutionally appointed.

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Next step for the Mitchell-Lama Co-ops? Bye, Bye Proxies

GDB Firm Blog

A Mitchell-Lama Reform Bill sponsored by State Sen. Brian Kavanaugh and Manhattan Assemblywoman Linda Rosenthal has passed both Houses and now heads for Gov. Andrew Cuomo's desk for signature.

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New frontier: WIPO AI chief explores impact of breakthrough tech

Managing IP

Ulrike Till, director of the IP and frontiers technologies division, shares what she has learned from listening to WIPO’s conversation on AI and IP

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How startups and SMEs should think about IP: an investor's perspective

WIPO Magazine

Jag Singh, Managing Director, Techstars, Berlin, offers an investor’s perspective on why it is important for startups and SMEs think about IP at the earliest opportunity.

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The Supreme Court Provides a Different Fix to Make APJs Inferior Officers

IP Tech Blog

On June 21, 2021, in United States v. Arthrex , the United States Supreme Court ruled that Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”) are unconstitutionally appointed because they effectively wield the power of principal officers while being appointed as inferior officers. 594 U.S. _ (2021). The primary question before the Supreme Court was whether APJs, who have the authority to conduct adversarial proceedings and issue decisions regarding the validity of pat

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U.S. Copyright Formalities: Old Ideas in a Modern Age

The Illusion of More

In my post about Unicolors v. H&M, I tried to summarize a broader scope of issues than that the Supreme Court is likely to weigh in the case. The Court has agreed to resolve a narrow question: whether the Ninth Circuit erred by holding that the lower court was required to seek guidance from the […]. The post U.S. Copyright Formalities: Old Ideas in a Modern Age appeared first on The Illusion of More.

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The Top 250 Women in IP 2021

Managing IP

Managing IP reveals this year's leading female intellectual property practitioners in private practice

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Global publishing post-COVID: an interview with Bodour Al Qasimi

WIPO Magazine

President of the International Publishers’ Association, Sheika Bodour bint Sultan Al Qasimi discusses the challenges confronting publishers in the post-COVID era.

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The Law Bytes Podcast, Episode 93: Lex Gill on the RCMP, Clearview AI and Canada’s History of Surveillance

Michael Geist

Earlier this month, the Privacy Commissioner of Canada released a scathing report on the RCMP’s use of facial recognition technology, particularly its work with Clearview AI. The report was particularly damaging as the Commissioner found that the RCMP wasn’t truthful when it said it didn’t work with Clearview AI and then gave inaccurate information on the number of uses when it was revealed that it did.

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Undergrads are Often Confused About IP Rights, University of Colorado Student Video Finds

IP Close Up

A video recently shot and edited by University of Colorado, Colorado Springs students asked three timely questions: What do students know about intellectual property rights? Continue reading.

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Copyright case: Brown v. Netflix Inc., USA

Kluwer Copyright Blog

An eight-second piece of the song “Fish Sticks n’ Tater Tots” was transformative and reasonably related to the documentary’s purpose of commenting on the resurgence of burlesque dancing. A documentary film’s incorporation of an eight-second excerpt of the children’s song “Fish Sticks n’ Tater Tots” was a noninfringing fair use, the U.S.

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Julius K9®: harnessing innovation to meet dog lovers’ needs

WIPO Magazine

Gyula Seb? founder and CEO of Julius K-9®, a leading canine accessories brand, who has dedicated his professional life to pet welfare innovations, explains why it is so important for companies like his to have a carefully crafted IP strategy in place from day one.

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What Oppo's integration with OnePlus means for IP and licensing within the group

IAM Magazine

Consolidation of brands under the BBK Electronics banner creates a player with a different patent risk profile.

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Supreme Court Issues Opinion in U.S. v. Arthrex

Fish & Richardson Trademark & Copyright Thoughts

In U.S. v. Arthrex, Inc. (19-1434); Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452); and Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458), a splintered Supreme Court agreed with the Federal Circuit that there is a problem at the United States Patent and Trademark Office (PTO), but disagreed about how to deal with it. Executive Summary. The case centers around the issue of whether Administrative Patent Judges (APJs) are “principal officers.

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Has the Moment Finally Arrived for Fairness to Music Performers?

The Illusion of More

Unlike the rest of the developed world, American radio broadcasters are unique in that they pay nothing in performers’ royalties when they play music on their stations. Although this has been true since radio began in the U.S., many Americans are surprised to learn that this is the case and, according to polling, believe it’s […]. The post Has the Moment Finally Arrived for Fairness to Music Performers?

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When video games meet IP law

WIPO Magazine

For years, video games development has been one of the fastest growing sectors of the entertainment industry, Anna Piechówka, IP Counsel at industry leader, CD PROJEKT RED, takes a closer look at some of the specific challenges that this complex medium presents for IP protection.

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The Ultimate Guide to Writing an Artist Statement

Art Law Journal

When you’re not present to talk about your work in person, your artist statement is your spokesperson. Here's how to get your voice to be heard. The post The Ultimate Guide to Writing an Artist Statement appeared first on Art Business Journal.

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What to Know about the Supreme Court’s Arthrex Decision

Fish & Richardson Trademark & Copyright Thoughts

On Monday, the Supreme Court issued its decision in three related appeals popularly called Arthrex. We previously published an alert with a summary of the different opinions in that decision. This alert focuses more on practical considerations and tips that may arise because of the Arthrex decision. Overview. In Arthrex , the Court found that Administrative Patent Judges (APJs) and the Patent and Trademark Office (PTO) were issuing decisions, such as in inter partes reviews (IPRs), that adjudica

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Press Release: @RepTedDeutch and @RepDarrellIssa to Host Press Event to Introduce American Music Fairness Act #irespectmusic

The Trichordist

Our great allies Ted Deutch and Darrell Issa are introducing a law to guarantee the key object of the #IRespectMusic campaign--artist pay for radio play!

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Empowering SMEs to leverage IP for innovation

WIPO Magazine

A closer look at how companies can use IP for economic success and social impact and some of the on-going challenges they face in managing their IP assets.

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