Hugh Stephens Blog

APRIL 4, 2022

People who are really into flags are known as vexillologists, a rather specialized field that studies the history, symbolism and usage of flags. If the papers offered at the periodic International Congress of Vexillology are any guide, then many things attract the attention of flag scholars, such as “The Flags of Bulgarian Municipalities”, “The Flags … Continue reading "Flagging Copyright Concerns: Vexillologists Take Note?

Copyright 246

Copyright 246

Plagiarism Today

APRIL 7, 2022

The case of Furnituredealer.net (FDN) versus Amazon and Coaster Company of America (CCA) is a fairly pedestrian one. . It deals with whether Amazon and/or CCA infringed FDN’s copyrights by scraping descriptions from their website for use as part of Amazon’s product listings. However, the case itself may depend on a question completely unrelated to any of defendant’s alleged actions.

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Publishing Registration Social Media Copyright 244

Erik K Pelton

APRIL 7, 2022

This trademark scammer has recently moved addresses to 2058 County Line Road #113, Huntingdon Valley, PA 19006. But the scam is the same — warning about trademark registration renewal deadlines with false information long before renewal can be filed. Sadly, this scammer has been operating for several years without law enforcement shutting it down.

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Trademark Patent Registration Government 162

TorrentFreak

APRIL 7, 2022

For many seasoned BitTorrent users, 1337x.to is a familiar name. The site has been around for fifteen years and is a home to many reputable uploaders. Over the years 1337x has steadily climbed through the ranks. With millions of daily visits, it is one of the most popular torrent sites , trailing only behind YTS.mx and The Pirate Bay. At the time of writing, the site is hard to reach though.

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Publishing Reporting IP Copyright 145

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

Michael Geist

APRIL 7, 2022

Bill C-18, the Online News Act , is less than 48 hours old, but the more you examine the bill, the worse it gets. My previous posts unpacked why the general policy is bad for press independence and competition as well as why the bill features a misguided attempt to require payments for links. Yet the bill requires an even deeper look since it goes far beyond “compensating journalists when they use their content” (as Prime Minister Justin Trudeau said yesterday in the House of Commons

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Social Media Government Designs Design 145

Plagiarism Today

APRIL 4, 2022

Why is it acceptable for a celebrity to use a ghostwriter when creating their autobiography, but not acceptable when a fiction novelist does the same? . Why is it acceptable for Carolyn Keene to be a pseudonym for over a dozen authors penning Nancy Drew stories, but not ok for Cristiane Serruya to use ghostwriters when producing books with her name (outside the fact the books were plagiarized from other sources).

Plagiarism 238

Plagiarism Social Media Contracts Copying 238

TorrentFreak

APRIL 5, 2022

Following the example of the United States, the EU started publishing its very own piracy watchlist a few years ago. This ‘Counterfeit and Piracy Watch List’ is put together by the European Commission. As in the US, it relies on stakeholder groups to nominate several problematic sites and services for inclusion. The third iteration of the EU watchlist will be published towards the end of the year and several interested parties have already submitted their nominations.

Music 144

Music Social Media Licensing Publishing 144

Copyright Alliance

APRIL 5, 2022

In the month of March, the U.S. Copyright Office published several final rules related to the copyright small claims court while various U.S. courts weighed in on several closely watched […]. The post March 2022 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 140

Copyright Publishing 140

Plagiarism Today

APRIL 6, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ed Sheeran Wins Shape of You Copyright Case and Hits Out at ‘Baseless’ Claims. First off today, the BBC reports that Ed Sheeran has emerged victorious in his lawsuit over the song Shape of You after a judge ruled that his song was not an infringement. The lawsuit was filed by Sami Chokri, who claimed that Shape of You was an infringement of his earlier song Oh Why.

Music 189

Music Publishing Licensing Plagiarism 189

Erik K Pelton

APRIL 4, 2022

The following is an edited transcript of my video The 5 Most Common Trademark Application Mistakes and How to Fix Them. In addition to filing many, many trademark applications on our own here at Erik Pelton & Associates for our clients, we also frequently get calls from other applicants who filed on their own, or other attorneys who aren’t trademark experts who filed and need assistance.

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Trademark Branding Brands Branding 147

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

APRIL 5, 2022

While historical and geopolitical ambitions sit at the heart of the war in Ukraine, cynical disinformation and denial of knowledge allowed it to happen and now fuel its momentum. When used responsibly, the internet should provide mechanisms to counter these evils. In Russia, however, the state has decided that only its narrative is correct and anyone stating otherwise faces website blocking and up to 15 years in prison.

Publishing 140

Publishing Government Licensing Journalism 140

The IPKat

APRIL 8, 2022

Merpel will be also spending the weekend shopping for (stiletto heel) shoes Last year The IPKat reported on a new referral to the Court of Justice of European Union (CJEU) from Luxembourg’s Tribunal d’arrondissement, asking whether the operator of a hybrid marketplace could be considered directly liable for trade mark infringement due to the presence of third-party listings of infringing goods on its platform.

Law 138

Law Advertising Advertising Marketing 138

Plagiarism Today

APRIL 5, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge’s Ruling Due in Ed Sheeran and Sami Switch Copyright Row Over Shape Of You. First off today, Kent Online reports that the judge in the Ed Sheeran case has announced that he will be handing down his ruling in the closely-watched case tomorrow. The case was filed by artist Sami Chokri, who accuses Sheeran of copying his hit song Shape of You from his earlier track Oh Why.

Plagiarism 184

Plagiarism Copyright Infringement Copying Copyright 184

IP Watchdog

APRIL 5, 2022

The U.S. Senate confirmed Kathi Vidal as the next U.S. Patent and Trademark Office (USPTO) Director Tuesday night in a voice vote. Vidal’s confirmation comes after more than one year with no Senate-confirmed Director or Acting Director at the agency. Drew Hirshfeld has been operating under the title of “Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” since January 2021.

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Intellectual Property IP Trademark Patent 133

TorrentFreak

APRIL 6, 2022

With 70 million users and over 200 million code repositories, GitHub is the largest online developer platform of its kind. The site is used by individual coders and large organizations to host visually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. While most projects are perfectly legitimate, there are some that attract negative attention.

Copyright Infringement 136

Copyright Infringement Copyright Publishing 136

The IPKat

APRIL 8, 2022

This Kat has never been much into vampire lore, although our youngest did convince his parents to purchase the full set of episodes for Buffy, the Vampire Slayer. Vampires have been accused of many things over the centuries. But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. Last month marked one hundred years since the first screening in Berlin of the iconic vampire movie — Nosferatu: A Symphony of Horror.

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Derivative Work Copyright Cinema Copyright Law 133

Plagiarism Today

APRIL 7, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Office Launches New Copyright Claims Board Website. First off today, a release by the U.S. Copyright Office announces that the Copyright Claims Board (CCB) has launched its new website, ccb.gov. The CCB became a reality in December 2020 when the U.S. government passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act).

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Copyright Social Media Copyright Law Licensing 171

IP Watchdog

APRIL 4, 2022

On April 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a summary judgment decision by the U.S. District Court for the Western District of Washington in an infringement suit brought by Genuine Enabling Technology (Genuine) against Nintendo Company and Nintendo of America (collectively “Nintendo”) for allegedly infringing certain claims of Genuine’s U.S.

Technology 128

Technology Patent Patent Infringement Litigation 128

TorrentFreak

APRIL 7, 2022

Last month persons unknown began sending DMCA takedown notices to YouTube, claiming that videos uploaded by Destiny content creators infringed Bungie’s copyrights. YouTube responded by removing the videos, including some that had been uploaded by high-profile creators and others that appeared on Bungie’s own channels. With the finger of blame pointing at Bungie, the company began an investigation to discover the truth.

Copyright Infringement 134

Copyright Infringement Copyright Copyright Law Copying 134

The IPKat

APRIL 6, 2022

Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Functional and epitope antibody claims can capture a whole class ("genus") of antibody therapeutics, whereas sequence claim language captures a far narrower field molecules. A recent Board of Appeal decision confirmed that genus antibody claims are not only allowable, but when put to the test, can survive appeal ( T 1964/18 ).

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Art Invention Patent Law 130

Managing IP

APRIL 8, 2022

We hosted the first instalment of the 17th annual Managing IP Awards to celebrate remarkable IP achievements by law firms and in-house teams in the Americas region

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IP Law 126

IP Watchdog

APRIL 5, 2022

On Friday, April 1, Senator Thom Tillis (R-NC) wrote to the Food and Drug Administration (FDA) and the U.S. Patent and Trademark Office (USPTO) to once again voice his concerns about several sources advancing data on the effects of pharmaceutical patents on drug pricing. Tillis is specifically troubled that the data seems to be based on opaque methodologies and to contain inaccurate or incomplete information that may mislead policymakers.

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Patent Trademark Patent Infringement Government 126

TorrentFreak

APRIL 4, 2022

Individuals and business entities involved in the sale of pirate IPTV services in the UK can often turn a significant profit from customers looking for a cheap entertainment fix. The secret to longevity, aside from maintaining a reliable service at a reasonable price, is to avoid the negative attention of rightsholders, broadcasters and anti-piracy groups.

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Cease and Desist Copyright Infringement Television Copyright 132

IPilogue

APRIL 4, 2022

Roxana Olivera is an award-winning investigative journalist based in Toronto. This article was originally published online on 28 March 2022 on New Internationalist and will be included in their March-April 2022 publication. Somewhere out there, there is an old photograph of a very young child standing completely naked, showing the marked signs of a most unusual medical condition.

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Privacy Publishing Journalism Copyright 120

Patently-O

APRIL 3, 2022

by Dennis Crouch. Andy Warhol Foundation v. Goldsmith (Supreme Court 2022). Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. In the 1980s, Warhol created a set of silkscreens of the musician Prince. Prince did not personally model for the prints. Rather, Warhol worked from a set of studio photographs by Lynn Goldsmith.

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Fair Use Art Licensing Publishing 119

IP Watchdog

APRIL 7, 2022

Every night for the last six weeks, the world has seen images and videos of the Russian military laying waste to Ukraine in what can only fairly be characterized as a medieval campaign of destruction. The Russian military has annihilated entire cities, targeted civilians, murdered women and children, and is preventing the American Red Cross from delivering food and medical supplies to civilians trapped and unable to escape.

IP 124

IP Business Government Technology 124

TorrentFreak

APRIL 8, 2022

With over 200 million code repositories, GitHub takes prides in being the largest and most advanced development platform in the world. As with other platforms that host user-generated content, this massive code library occasionally runs into copyright infringement troubles. In some cases, people use code without permission from the creators, while others use GitHub to store pirated books or even music.

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Copying Reporting Copyright Copyright Infringement 129

IPilogue

APRIL 5, 2022

Samantha Melhado is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. The Society of Composers, Authors and Music Publishers of Canada (“SOCAN”), protects the performing and reproduction rights of more than 160,000 songwriters, music publishers, composers and visual artists.

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Music Copyright IP Contracts 119

Technology & Marketing Law Blog

APRIL 6, 2022

This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request to dismiss McGucken’s claim for direct infringement, although it dismissed plaintiff’s other claims.

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Licensing Fair Use Blogging Copyright 113

IP Watchdog

APRIL 6, 2022

On April 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Littelfuse, Inc. v. Mersen USA EP Corp. clarifying how U.S. district courts handling claim construction are to construe a patent’s independent claims in light of limitations included in dependent claims. While the Federal Circuit found that the District of Massachusetts was correct to give meaning to the term “fastening stem” by looking to uses of “fastening” and “stem” within the patent, the a

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Patent Litigation Technology Intellectual Property 124

TorrentFreak

APRIL 2, 2022

After more than two decades of declining fortunes, 2021 was a blockbuster year for global recorded music revenues. With a growth of 18.5% on the previous year and revenues of $25.9 billion, 2021 marked a return to levels last witnessed pre-Napster in the late 1990s. Nevertheless, more than 20 years later the music industry is still fighting piracy but against a relatively new enemy – YouTube-ripping services.

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Music Copyright Infringement Copyright IP 126

IPilogue

APRIL 8, 2022

Photo by Jakub Kapusnak ( Unsplash ). . Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . Over the past decade, the media has published several scandals about the quality and safety of the food we eat – from horsemeat found in Tesco beef burger patties to shark and seafood fraud. It is estimated that the counterfeit food industry is worth $49bn a year.

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Publishing Marketing Marketing Technology 118

Kashishipr

APRIL 6, 2022

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection. Under the Indian Trade Marks Act of 1999 , if a sound is or has become a distinctive or unique symbol associated with one undertaking, it will be eligible for obtaining Trademark Registration.

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Registration Trademark Intellectual Property Branding 105

IP Watchdog

APRIL 7, 2022

The LeadershIP 2022 Conference, for which IPWatchdog was a partner, took place earlier this week in Washington, DC, and featured leaders in U.S. government and intellectual property (IP) discussing the way that IP policies interact with and impact national security issues. The overarching sentiment from panelists was that all three branches of U.S. government are failing to prioritize a strong IP system, which could result in the United States falling behind as an innovation leader, to the benef

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IP Intellectual Property Government Licensing 122

TorrentFreak

APRIL 4, 2022

Last year, Spanish-born movie tycoon Carlos Vasallo sued YouTube over various piracy-related claims. The actor and producer owns the rights to the world’s largest collection of Mexican and Latin American movies, many of which are illegally shared on YouTube. While copyright allegations against Google and YouTube aren’t new, the case came with an interesting twist.

Copyright Infringement 123

Copyright Infringement Copyright Copying Law 123