Plagiarism Today
MAY 9, 2022
Most mornings, right after I wake up, my morning tasks include gathering any copyright and/or plagiarism news stories that I can find on the internet. . I read pretty much all of them, some copyright-related ones go into the 3 Count column and other stories get set aside for additional research to become full posts on the site. It’s a ritual I’ve done nearly every weekday morning for over a decade.
Erik K Pelton
MAY 9, 2022
The following is an edited transcript of my video Sounds, Colors, Scents, and Other Nontraditional Trademarks. Non-traditional trademarks are those things that indicate the source of a brand, but are not brand names, logos, or slogans. And it’s one of my favorite topics to talk about because there’s so many exciting and interesting examples of different non-traditional trademarks.
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Technology & Marketing Law Blog
MAY 11, 2022
As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota House] The bill fits the “protect-the-kids” narrative that politicians champion during election years, but it’s counterproductive towards that purported goal.
TorrentFreak
MAY 13, 2022
Since February 24, 2022, Russia’s troops have poured death and destruction on Ukraine. There are no obvious signs to suggest that the conflict will end anytime soon. Part of the early response from Ukraine’s allies was to impose sanctions on Russia, to weaken the country’s ability and will to wage war. Companies in many sectors suspended or terminated business in Russia, including prominent entertainment industry players.
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
MAY 10, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Xbox’s Online DRM Under Fire as Some Users left Unable to Play Games for 4th Day. First off today, Andy Robinson at VGC reports that Xbox’s digital rights management tools (DRM) are coming under fire as many legitimate customers find themselves unable to play their games over the past four days.
Patently-O
MAY 13, 2022
by Dennis Crouch. Hyatt v. USPTO (Supreme Court 2022). Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
MAY 8, 2022
Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was still relatively controversial at the start of the last decade but it’s increasingly being normalized.
Plagiarism Today
MAY 11, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sen. Josh Hawley’s Move to Strip Disney’s Copyrights Called ‘Blatantly Unconstitutional’. First off today, Gene Maddaus at Variety reports that Senator Josh Hawley has introduced a bill that aims to drastically rewrite copyright law in the United States, rolling back the term of copyright to just 28 years with the option for renewal for another 28.
The Trichordist
MAY 9, 2022
Many readers participated in the Physical and Download Mechanical Rates Survey that various organizations have sent to their members over the last few weeks. Here are the… Read more "Survey Results: Physical and Download Mechanical Rates Survey–Artist Rights Watch".
IP Watchdog
MAY 12, 2022
The United States National Institutes of Health (NIH) signed a deal today with the World Health Organization’s COVID-19 Technology Access Pool (C-TAP) and the Medicines Patent Pool (MPP) that allows manufacturers greater access to key COVID-19 technologies owned by NIH. The licensing agreement offers 11 technologies under transparent, global and non-exclusive licenses.
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Greenspoon Marder LLP
MAY 12, 2022
By: Justin McNaughton and David Standa Last year, Congress began working on new legislation to combat the amount of counterfeit goods being sold through e-commerce sites. The so-called SHOP SAFE Act would impose responsibility on online retailers for establishing certain validation requirements for sellers, the penalty being holding e-commerce sites responsible for counterfeiting occurring on their sites.
Plagiarism Today
MAY 9, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Royalty Board Asked to Approve 32% Increase on Mechanical Royalties for Physical Products, Downloads. First off today, Shirley Halperin and Jem Aswad at Variety reports that the major record labels have teamed up with the National Music Publishers Association and the Nashville Songwriters Association International to petition the Copyright Royalty Board (CRB) to raise the mechanical royalty rate some 32%
JD Supra Law
MAY 13, 2022
In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the Australian Patents Act 1990 (the Act).
IP Watchdog
MAY 9, 2022
An understanding of tax issues is increasingly important for trademark practitioners—and a new report by the International Trademark Association (INTA) focusing on the European Union, Switzerland and the United Kingdom aims to help them achieve that. The “Report on the Taxation of Trademarks and Complementary Rights in Europe” was unveiled at the 144th INTA Annual Meeting Live+, which was held in Washington, D.C. and online from April 30 to May 3.
SpicyIP
MAY 8, 2022
We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page.
Technology & Marketing Law Blog
MAY 10, 2022
This case involves a real estate dispute that’s been in the courts for almost 30 years. (Any case tied up in the courts that long is bound to have lots of drama associated with it and usually has gone well past the point of economic rationality). An associate worked for the defense firm, billing 1 hour to the case. That associate then left the defense firm and later got hired by the plaintiff firm.
The Illusion of More
MAY 10, 2022
Copyright watchers were surprised when the Supreme Court granted Andy Warhol Foundation’s (AWF) petition for certiorari in its case against photographer Lynn Goldsmith. For deeper background, see older posts, but this is the dispute over Andy Warhol’s “Prince Series” silkscreen images of rock legend Prince made in 1984 using Goldsmith’s unpublished 1981 portrait photograph as […].
IP Watchdog
MAY 9, 2022
A large portion of the technology that we rely on daily—cell phones, computers, and the sensors and infrastructure that connect them, as well as an increasing percentage of drugs—is manufactured outside the United States, and in particular China. Indeed, over the past 25+ years the value of goods imported from China has increased ten-fold. Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U
IPilogue
MAY 12, 2022
Photo by Pineapple Supply Co. ( Unsplash ). Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Given the power of Apple’s brand, it is no surprise that they actively challenge trademarks that resemble their own to protect the dilution of their trademark. But this raises some key questions: Should Apple have the right to challenge all trademarks relating to an apple?
Technology & Marketing Law Blog
MAY 12, 2022
[I’m forestalling more analysis of the Texas social media censorship law until we get some clarity on what happened and what’s next.]. A student hacked the school website and added scandalous content about a teacher, Debbie Banaian, a/k/a “ Banaianator.” [Aside: who still does this? I’ve been blogging similar stories since I started blogging, and the practice of spoofing teachers online was already stale then].
Michael Geist
MAY 12, 2022
The Online Streaming Act (Bill C-11) was the subject of hours of debate yesterday in the House of Commons as the government presses to get the bill out of second reading and onto committee for hearings and further study. Setting aside the claims of “censorship” on one side and “you don’t care about creators” on the other, there were some notable takeaways from the debate, including the government digging in on keeping the policy direction to the CRTC secret, acknowl
IP Watchdog
MAY 10, 2022
As horrifying images continue to flow from Ukraine, politicians in the United States and Europe find themselves increasingly pressured to expand economic sanctions against Russia. On April 6, 2022, the White House announced a prohibition on new investment in Russia by any U.S. person. This move has undoubtedly been a factor in the stunning exodus of U.S. companies from the region, as it leaves management teams in legal limbo as to whether maintaining current facilities—or even repairing equipmen
IPilogue
MAY 11, 2022
Photo by Michael Dziedzic ( Unsplash ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. Cybersecurity has become a major battlefield in the war between Russia and Ukraine. Even before Russia invaded Ukraine on February 24 th , it had launched waves of cybersecurity attacks on a range of important social sectors of Ukraine.
The Trichordist
MAY 10, 2022
[This post first appeared on MusicTechPolicy] by Chris Castle One of the main beefs I’ve had with the Copyright Royalty Board is the secrecy in plain sight.… Read more "More Bizarre Goings On At the Copyright Royalty Board, this time with additional Google, fava beans and a fine Chianti".
The Illusion of More
MAY 12, 2022
I join millions of Americans—the vast majority in fact—in feeling both dismay and anxiety at the near certainty that Roe v. Wade will be overturned. Abortion is not a subject for the editorial scope of this blog, but because the issue historically intersects the right of privacy—and because enforcement of the most draconian laws now […]. The post Privacy in an Age Without Any appeared first on The Illusion of More.
IP Watchdog
MAY 9, 2022
This week in Washington IP news, the Senate Science Committee convenes an executive session on Wednesday to deliberate over a pair of bills that would direct the Federal Communications Commission’s activities on establishing universal telecommunications services. Over in the House, the Investigation and Oversight Subcommittee and the Research and Technology Subcommittee explore issues in the use of open source systems for enterprise-level cybersecurity, the Space and Aeronautics Subcommittee foc
IPilogue
MAY 10, 2022
Photo by Kaitlyn Baker ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . With the emergence of the pandemic, schools across the globe had to rapidly shift to new testing mechanisms in line with stay-at-home lockdown orders. Remote invigilation and AI software seemed like the tools to support instructors and prevent cheating on exams that were suddenly shifted online.
Michael Geist
MAY 10, 2022
The House of Commons debate over the Online Streaming Act (Bill C-11) is likely to continue this week with the government anxious to get the bill out of the House of Commons and into committee for further study and approval. The recent discussion in the House featured Liberal MP MP Mark Gerretsen insisting that the bill does not cover user generated content: I can assure this member and all Conservatives that nobody is more interested in preserving the content they create in this House than I am
JD Supra Law
MAY 13, 2022
Following the success of the previous blog post “A Brief Overview of the Metaverse and the Legal Challenges It Will Present,” we are introducing a new feature for the Tech & Sourcing blog: “Future Watch.” Our Future Watch posts will focus on the most topical areas of the technology industry and will explore the associated legal challenges and potential future developments.
IP Watchdog
MAY 10, 2022
Last week, the U.S. District Court for the Southern District of New York granted Block, Inc.’s Motion to Dismiss a complaint brought by AuthWallet, LLC against it for failure to state a claim. The district court found that the claims of AuthWallet’s patent were invalid because they claimed patent ineligible subject matter under 35 U.S.C. § 101. AuthWallet’s U.S.
IAM Magazine
MAY 10, 2022
As Quarterhill’s strategic review considers the potential sale of Canadian patent licensing business WiLAN, a PatSnap portfolio analysis shows plenty of value for any future buyer.
The IP Law Blog
MAY 12, 2022
Last month, HBO released its new drama series Winning Time : The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. To say that Jerry West, the former head coach and GM of the Los Angeles Lakers dislikes the way he is portrayed in the HBO series Winning Time is an understatement.
JD Supra Law
MAY 11, 2022
On March 2, 2022, the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury issued General License No. 13, which authorized "U.S. persons. to pay taxes, fees, or import duties, and purchase or receive permits, licenses, registrations, or certifications" for a limited time when such activities relate to transactions involving the Central Bank of the Russian Federation ("Bank of Russia") and to the extent that such activities would otherwise be prohibited by.
IP Watchdog
MAY 9, 2022
If you’re a regular IPWatchdog reader, you will know that each week we run a roundup of all the IP news we covered and/or couldn’t get to from the previous week, titled “Other Barks and Bites.” The roundup is published every Friday afternoon and compiled by our long time freelance reporter, Steve Brachmann. These pieces are usually illustrated by stock photos of dogs reading the news, but we have recently begun featuring some of the IPWatchdog team’s favorite pups: Dusty and Luna Bella Quinn; Mo
IP Law 360
MAY 11, 2022
As brands that hope to profit from the metaverse face the challenge of protecting their intellectual property, platforms may benefit from putting in place nonjudicial protocols to streamline dispute resolution for patent infringement claims, says Benjamin Stasa at Brooks Kushman.
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