Hugh Stephens Blog
NOVEMBER 1, 2021
For the past couple of years at this time, as Remembrance Day (November 11) approaches, I have posted a blog on the copyright and trademark implications of the commemorative red poppies that become so ubiquitous on people’s lapels at this time of year, at least in certain countries. In both Britain and Canada, the main … Continue reading "Poppy Time Again: Watch Out for Infringers!?
Erik K Pelton
NOVEMBER 5, 2021
The following is an edited transcript of my video, What Is a Brand Style Guide. A style guide is a wonderful asset for any brand that has grown beyond just one name or one logo to a portfolio of marks and logos and slogans. I have to admit, I’ve been in business for 20+ years and I never had a actual defined style guide until this year. So I wanted to share my experience going through a style guide with you and talk about the benefits and the key elements of the style guide.
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The IPKat
NOVEMBER 5, 2021
Despite the deadline of 7 June 2021, most Member States are still busy transposing the DSM Directive into their own laws. This week it was the turn of Italy (more on that over the weekend) and Spain. Katfriend Miquel Pequera Poch (Universitat Oberta de Catalunya) analyzes the Spanish transposition of the directive - notably its Articles 15 and 17 - for us.
TorrentFreak
OCTOBER 31, 2021
After a long wait, the 2021 installment of the sci-fi classic Dune finally premiered in the United States last week. The film had already come out in other parts of the world a month earlier, which caused quite a bit of frustration among eager fans. Their patience was further tested when a relatively high-quality copy of the film leaked on pirate sites days before the premiere on HBO Max and in theaters.
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?
Patently-O
NOVEMBER 2, 2021
by Dennis Crouch. We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit. The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them. In October 2021, 10 new mandamus petitions were filed to the Federal Circuit in patent cases. 22-100 In re: Overhead Door Corporation (E.D.
Erik K Pelton
NOVEMBER 1, 2021
The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. I will never forget this day about two years ago, because it was one of the biggest panic attacks that I’ve ever had, and I think you’ll understand why as this story unfolds. It was about eight o’clock at night, i think we had just finished dinner and we were relaxing, talking, and I got a text message from a friend of mine.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
NOVEMBER 2, 2021
YouTube’s copyright takedown policy poses one of the biggest threats to the platform’s content creators. YouTubers who receive three copyright infringement strikes can easily lose their channels, which for some equates to their livelihood. Over the years we have seen numerous examples of YouTubers whose accounts were terminated after repeated copyright claims, legitimate or not.
SpicyIP
NOVEMBER 2, 2021
We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. The importance of having and using data while looking at the functioning of the various IP arms of the government is a point that the blog has often harped upon.
Erik K Pelton
NOVEMBER 2, 2021
Erik once received a negative review from a client, amidst dozens of positive ones. Erik explains why he has never challenged the review as there can be no guaranteed approvals in the world of trademark applications. The post The Time I Got a Negative Review appeared first on Erik M Pelton & Associates, PLLC. Erik once received a negative review from a client, amidst dozens of positive ones.
The IPKat
NOVEMBER 3, 2021
As Tim Moss (CEO of the UK IPO) mentioned in his interview with the IPKat , one of the exciting opportunities for the future of artificial intelligence (AI) and intellectual property is using AI to improve the process of applying for IP, such as the their trade mark pre-apply service. Below, the UK IPO tells us more about the pre-apply service, their plans for future use of AI and how to take part in their research.
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.
TorrentFreak
NOVEMBER 2, 2021
One of the key anti-piracy tools at the disposal of rightsholders in Russia is the memorandum signed by leading tech and entertainment companies in 2018. The agreement saw the creation of a centralized database of allegedly infringing content that is queried every few minutes by internet companies. When referenced content is spotted by search engines, for example, corresponding links in search results are removed automatically, with the aim of making pirated content harder to find.
IP Watchdog
NOVEMBER 3, 2021
Copyright law protects artistic works. That includes literary pieces like novels, poems and other literary pieces. The original author is the one who owns the copyright of the piece. Translation raises an interesting question when it comes to copyright. Who will own the copyright of the translated work? Does it belong to the individual translator, the translation company, or to the author of the original work?
IPilogue
NOVEMBER 1, 2021
M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on October 27, 2021. On October 12, 2021, the County Court at Oxford (the Court) released its decision in Fairhurst v, Woodward ( Case No: G00MK161 ), holding that the Defendant, Jon Woodard, breached the United Kingdom’s Data Protection Act 2018 (the DPA) and the European Union’s General Data Protection Regulation (the Regulation
JD Supra Law
NOVEMBER 2, 2021
The European Union has already enacted several Directives to allow (or mandate) the possibility for companies to access and re-use the data held by EU public administrations in the European Union. However, in many cases this access is still not allowed, where data is protected by laws that impede access to it by private entities. This is the case of personal data, data protected by some intellectual property provisions or by specific trade secret laws, etc. that cannot be generally shared by.
TorrentFreak
NOVEMBER 1, 2021
Hacking group Team-Xecuter was a thorn in the side of major gaming companies for a long time. The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Team-Xecuter defended its work by pointing out that their products are not necessarily pirate tools.
IP Watchdog
NOVEMBER 4, 2021
Is patent litigation out of control? Has patent litigation ever been out of control? The answers to these questions largely depend upon your point of view, and as with most complex topics, the truth is nuanced. What is not nuanced are the numbers reported in the annual reports from the Administrative Office of the United States Courts, which shows that the number of patent cases that reach trial are extremely few.
The Illusion of More
OCTOBER 31, 2021
In this episode, I speak with David Golumbia, author and associate professor of digital studies, American literature, literary theory, philosophy, and linguistics at Virginia Commonwealth University. I asked Golumbia to join me after reading his blog post published on October 20th in which he asserts that Facebook is not just dropping the ball when it […].
IPilogue
NOVEMBER 5, 2021
Photo by Kelly Sikkema ( Unsplash ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . A recent case tried at the High Court of New Zealand, Palmer v Alalaakkola , raised an intriguing question: is copyright in artwork “ relationship property ” if it was created during a relationship? The defendant, Sirpa Alalääkkölä , is an artist who had created original paintings during her 20-year marriage with her ex-husband, Paul Palmer.
TorrentFreak
NOVEMBER 3, 2021
Back in June, the hugely popular Filelinked service, which enabled Amazon Fire TV users to easily install piracy-related apps, disappeared in mysterious circumstances. It was later revealed that the shutdown followed legal pressure from the Alliance for Creativity and Entertainment, which objected to the tool’s ability to act as an unofficial marketplace for piracy-focused apps.
IP Watchdog
NOVEMBER 5, 2021
CSURF is seeking an Intellectual Property (IP) Administrator to be a contributing staff member who reports to the Managing Director, IP Strategy & Management, and is responsible for aspects of the IP management process. This position receives disclosures and other patent documents, enters disclosure information into databases and performs federal reporting.
SpicyIP
NOVEMBER 2, 2021
WIPO has started up an interesting looking 2 year “Young Expert Program” for promising candidates that are 35 and younger, with an application due in approximately 2 weeks from now. The program’s landing page states that the deadline is on November 19th. The detailed application page also seems to indicates that the program intends to prioritise candidates from developing and least developed economies.
IPilogue
NOVEMBER 4, 2021
Photo by Tyler Nix ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . . What happened? . Kelly Knievel, the son of infamous motorcycle stuntman Evel Knievel, brought a trademark infringement action against Walt Disney Studios Motion Pictures for their character “Duke Caboom” featured in Toy Story 4.
TorrentFreak
NOVEMBER 4, 2021
At the beginning of 2021, anti-piracy group Rights Alliance declared victory over piracy services in Denmark after a major push to wipe out the big players. In October 2020, private torrent tracker DanishBits went offline after the 33-year-old owner was arrested in Morocco. He was later sentenced to a year in prison. NordicBits was also taken down after its 69-year-old owner was arrested in Spain.
IP Watchdog
NOVEMBER 2, 2021
Following a motion filed in mid-October with the U.S. Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion. Apple contends there is no precedent for allowing the motion, as it requests to supplement the record with documents that were not part of the trial recor
Technology & Marketing Law Blog
OCTOBER 31, 2021
This is the latest dubious Internet Law ruling from the Eighth Circuit. (Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. Reisch ). In this ruling, the court says Walmart may have imposed a binding arbitration clause on gift card buyers–even though it never used a proper call-to-action or demonstrated that the buyers took any affirmative steps to agree to the terms.
IPilogue
NOVEMBER 1, 2021
Photo by KirillM (depositphotos). . . . . . . . . Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . The emergence and rapid development of highly advanced technologies affects virtually every aspect of our day-to-day lives, and in the absence of more explicit legislative authority, the time has finally come for judiciaries to wrestle with the subject matter.
TorrentFreak
NOVEMBER 3, 2021
Last year, Texas-based model Deniece Waidhofer sued Thothub for copyright infringement after the site’s users posted many of her ‘exclusive’ photos. Soon after the complaint was filed at the federal court Thothub went offline. This prompted Waidhofer to change priorities. In an amended complaint Waidhofer shifted the focus to third-party services such as Cloudflare.
IP Watchdog
NOVEMBER 5, 2021
This week in Other Barks & Bites: the Federal Circuit clarifies the “reasonable expectation of success” standard while reversing the PTAB’s obviousness determination regarding patent claims covering a method of photoinactivation of Gram-positive bacteria; Senator Tillis raises concerns about Judge Alan Albright with the USPTO and Chief Justice John Roberts; a CSET study shows that Chinese entities received nearly one-third of global patent grants for robotics technologies between 2005 and 2
IP Law 360
NOVEMBER 3, 2021
President Joe Biden unveiled 9 new federal judicial nominees Wednesday, including his first nominee for the Federal Circuit and district judge picks for California, Maryland, New Jersey and Nevada.
IPilogue
NOVEMBER 3, 2021
Photo by Brett Jordan ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School . . On October 4, 2021, it was publicized that Facebook Inc. asked a judge to dismiss the U.S Federal Trade Commission’s (FTC) antitrust case that aims to force Facebook to sell Instagram and WhatsApp.
TorrentFreak
NOVEMBER 1, 2021
With a fanatical audience that now reaches beyond Japan and around the globe, demand for manga and anime content is soaring. Publishers would prefer fans to go legit but in common with any premium content, there are those who prefer not to pay. This has led to companies such as Shueisha, Kadowaka, Kodansha, and Shogakukan taking legal action to shut down or disrupt piracy platforms, hoping to send a deterrent message to site operators and consumers of pirated content alike.
SpicyIP
NOVEMBER 2, 2021
We’re pleased to inform our readers of a very interesting looking international conference coming up in a few days, on Covid and IP protection. The conference is on 5th-6th November and it is free to attend. The registration page is here. As described by the organisers: The conference aims at sharing ideas on how we can use intellectual property as a tool for promoting not just innovation but also equitable distribution of life saving drugs in low and middle-income nations.
IP Watchdog
NOVEMBER 1, 2021
This week in Washington IP news, the Senate Judiciary Committee hosts a hearing Tuesday morning to discuss various legislative efforts designed to address the rampant issue of counterfeit goods sold online by third-party sellers on major e-commerce platforms. Over in the House of Representatives, the House Select Committee on Economic Disparity takes a closer look at technological automation and its likely impacts on the future of work in America, while the House Financial Technology Task Force
IP Law 360
NOVEMBER 5, 2021
Facebook must remove an Instagram page dedicated to late soccer great Diego Maradona that infringes on his trademarked name or else hand it over to the rightful owners, according to a lawsuit filed in Florida federal court on Thursday.
TorrentFreak
NOVEMBER 5, 2021
Publishers around the world regularly engage in various actions aimed at preventing the unauthorized reproduction and distribution of academic publications and eBooks. From repeated visits to court to implement site blocking in the UK to lawsuits targeting entities such as Sci-Hub , the approach is sustained, multipronged, and has no fear of tackling smaller players either.
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