Sat.Jan 15, 2022 - Fri.Jan 21, 2022

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We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A

Erik K Pelton

We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC.

Trademark 355
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Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. The book, which details the effort by Chilean filmmaker Alejandro Jodorowsky to make a Dune film in the 1970s, is indeed a rare and valuable book.

Copying 335
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Winnie the Pooh, the Public Domain and Winnie’s Canadian Connection

Hugh Stephens Blog

On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States.

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The EU Wants Its Own DNS Resolver that Can Block ‘Unlawful’ Traffic

TorrentFreak

The Domain Name System has been an essential component of the Internet since the mid-eighties. DNS resolvers make it possible to map a human-readable domain name to an IP-address, so a website or service can be easily located. Older people also call it the Internet’s phone book. Nowadays, there are several large DNS resolvers. Many ISPs operate their own but third-party DNS services are very popular too.

Privacy 145
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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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What does it say if you file a trademark application without an attorney?

Erik K Pelton

It says a lot if you file a trademark application without counsel. And it is in the public record for everyone to see. Not only will the odds of approval for the application be lower, but if there is ever a dispute involving the brand, others will look at the public records – before sending a letter, or after receiving a letter – and see that the brand owner made a deliberate choice to file on their own.

Trademark 147
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Romanian Prime Minister Accused of Plagiarizing Dissertation

Plagiarism Today

In a story that will be eerily familiar to long-time readers of this site, the current Romanian Prime Minister has been accused of plagiarism in his thesis as opposition leaders are already calling for an investigation. The story involves Prime Minister Nicolae Ciuc?, who was assumed the title in November 2021, just two months ago. According to an investigation by Romanian Journalist Emilia ?

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Adblocking Does Not Constitute Copyright Infringement, Court Rules

TorrentFreak

In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools. Developed by German company Eyeo GmbH and available on Firefox, Chrome, Safari, Android and iOS, one of the most popular tools is AdBlock Plus.

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Study Finds That Companies With Trademarks Filings Are More Profitable

Erik K Pelton

The following is an edited transcript of my video Recent Study Shows How Companies That File Trademarks Are More Profitable. Trademarks generally track the economy. If you look at the annual number of trademark application filings at the USPTO, you’ll see that it increased almost every year over the last 20 years except for recession years. There was a study published in Management Science Magazine called “Valuation of New Trademarks” , which showed that filing of trademarks si

Trademark 130
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University of Kansas Vice Provost Resigns Amid Plagiarism Allegations

Plagiarism Today

Earlier this week, D.A. Graham, the now-former interim vice provost for diversity, equity, inclusion and belonging at the University of Kansas, sent out an email with the subject, “2022 MLK Jr. Day of Reflection” to all students, faculty and staff of the university. However, shortly after the email went out, a recipient of the email forwarded it to the Lawrence Journal-World paper , along with a comparison to a previous email sent by Curtis L.

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TTABlog Test: Is PISSTERINE Confusable with LISTERINE for Mouthwash?

The TTABlog

J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE for, inter alia , medicated mouthwash, toothpaste, and dental floss. J & J established that its mark is famous for Section 2(d) purposes. The goods are overlapping or related, but what about the marks?

Fair Use 143
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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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VPN Provider Agrees to Block Torrent Traffic and The Pirate Bay on U.S. Servers

TorrentFreak

Amidst growing concerns surrounding online privacy and security, VPN services have become increasingly popular in recent years. Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. As with regular Internet providers, a subsection of these subscribers may be engaged in piracy activities. Over the past few years we have seen copyright holders take several ISPs to court, accusing them of failing to disconnect repeat copyright infringers.

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Songwriter Needs Help: GoFundMe Fundraiser for Hugh Prestwood and Judy Ahrens–ArtistRightsWatch

The Trichordist

Hugh Prestwood and Judy Ahrens' story highlights the cruelty of the Copyright Royalty Board's frozen mechanicals policy and the failure of leadership by music publishers.

Music 141
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3 Count: Contemptible Rimini

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Support Specialist Rimini Street Found in Contempt of Court for Continued Oracle Copyright Infringements. First off today, Lindsay Clark at The Register reports that Oracle support specialist firm Rimini Street has been ordered to pay some $630,000 in sanctions after ruling that the company had repeatedly violated a permanent injunction that ordered the company to not infringe Oracle software.

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Green Light for Unitary Patent and Unified Patent Court

IP Watchdog

The countdown to the launch of the EU Unitary Patent has begun, with the new system expected to start before the end of this year. The final legal step took place on January 19, when Austria deposited its instrument of accession to the Protocol on Provisional Application of the Unified Patent Court (UPC) Agreement. It is the 13th country to take this step, meaning that the provisional application period has now entered into force.

Patent 130
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OpenSubtitles Hacked, 7 Million Subscribers’ Details Leaked Online

TorrentFreak

OpenSubtitles is one of the largest and most popular subtitle repositories on the Internet. Millions of subtitle files are downloaded every week in many languages, often to be paired with downloaded movies and TV shows. The site was founded in 2006 by a Slovakian programmer who came up with the idea while drinking a few beers at a local pub. Following an announcement late yesterday, more beers might be needed to cope with an emerging crisis.

Privacy 144
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NFT – The Hottest Trend in Ripping Off Artists

The Illusion of More

By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66 million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works. The group also […]. The post NFT – The Hottest Trend in Ripping Off Artists appeared first on The Illusion of More.

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3 Count: Copyright Exhaustion

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest. First off today, Alison Flood at The Guardian reports that, in the United Kingdom, the Intellectual Property Office (IPO) has announced that they are pausing any changes to their copyright laws after authors expressed concern the change could drastically hurt their income.

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Spotify Successfully Opposes Two Marijuana-Related Trademark Applications

IP Watchdog

On January 11, the U.S. Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. Applicant U.S. Software Inc. filed trademark applications for POTIFY in standard characters, and stylized with a design on July 17, 2017, and May 2, 2018, respectively.

Trademark 128
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Browser Extension Adds Sci-Hub Download Links to Publishers’ Websites

TorrentFreak

Given its reputation for tearing down paywalls to deliver knowledge and enlightenment to academics, students and researchers, Sci-Hub remains one of the internet’s most valuable data resources. Praised by all who find its services useful or even vital, Sci-Hub also has to deal with attacks from publishing giants who would prefer to see the platform taken offline, or blocked by ISPs wherever that is a viable option.

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Call for Applications: Legal Officer at Screenwriters Association, Mumbai

SpicyIP

We’re pleased to inform you that The Screenwriters Association (SWA) is urgently looking to recruit a full-time Legal Officer to be based at its office in Mumbai. For further details, please read the announcement below. Call for Applications: Legal Officer at Screenwriters Association, Mumbai. SWA logo. The Screenwriters Association (SWA) is inviting applications for the appointment of a full-time Legal Officer to be based at its office in Mumbai.

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3 Count: Legal Haze

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Jimi Hendrix Estate Sues Heirs Of His Bandmates Over Copyright Threats. First off today, Bill Donahue at Billboard reports that the Jimi Hendrix estate has filed a lawsuit against the heirs of his former bandmates after those estates allegedly threatened to sue them seeking back royalties.

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CAFC Nixes District Court Claim Construction in Win for Firearms Patent Owner

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday ruled that a California district court erred in its claim construction relating to Evolusion Concepts, Inc.’s patent for a method of converting a semi-automatic rifle with a detachable magazine to one with a fixed magazine. The CAFC reversed the court’s grant of summary judgment of non-infringement for Juggernaut Tactical, Inc., reversed a denial of summary judgment of direct infringement, vacated the award of attorneys’ fees and

Patent 126
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Record Labels Face Sanctions Over ‘Destroyed’ Piracy Evidence

TorrentFreak

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. In the past such drastic action was rare, but with the backing of legal pressure, ISPs are increasingly being held to this standard. Billion Dollar Lawsuits. Several major music industry companies including Artista Records, Sony Music Entertainment, Universal Music, and Warner Records, have filed lawsuits against some of the largest U.S.

Music 135
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Exporting Patents: Boiled, Broiled, Barbecued or Fried

Patently-O

by Dennis Crouch. Back in 1969, long before Bubba Gump, Louisiana Judge Alvin Rubin explained the virtues of shrimp: “Shrimp, whether boiled, broiled, barbecued or fried, are a gustatory delight.” Laitram Corp. v. Deepsouth Packing Co., 301 F. Supp. 1037 (E.D. La. 1969). The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.

Patent 122
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Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law?

SpicyIP

Lokesh Vyas writes in with a post pondering the existence of a ‘right to research’ (r2r) in India. The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Lokesh attempts to find grounding for it in Indian law through the current post.

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Court Unseals Documents in Gilead Lawsuit Alleging Massive Counterfeit HIV Drug Scheme

IP Watchdog

The U.S. District Court for the Eastern District of New York yesterday unsealed documents in an anticounterfeiting suit filed last year by Gilead Sciences, Inc. against a slew of defendants who Gilead alleges sold, marketed, and distributed counterfeits of its HIV medications. Gilead’s complaint seeks immediate monetary and injunctive relief, including seizure at certain of the defendants’ premises, as well as relief for trademark and trade dress infringement and trademark dilution, among other

Trademark 122
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Cheat Makers ‘Troll’ Activision Lawyer, Brag They Will Never Be Found

TorrentFreak

In reponse to rampant cheating in Call of Duty games, earlier this month Activision filed a copyright infringement lawsuit against cheat maker EngineOwning UG and CMN Holdings S.A. The complaint also named six individuals (Valentin Rick, Leonard Bugla, Leon Frisch, Ignacio Gayduchenko, Marc-Alexander Richts, Alexander Kleeman) and added 50 ‘Doe’ defendants.

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Update on Artificial Intelligence as a Patent Inventor

JD Supra Law

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues surrounding AI and its implications for life sciences innovations.

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Snow Brakes

Patently-O

We have snow on the ground here in Missouri. That makes me think of Gary Reinert’s new patent entitled “method and apparatus for rapid stopping of a motor vehicle particularly on snow or ice.” U.S. Pat. No. 11,091,154. The image below from the patent tells the story. Conventional brakes are awful. Antilock Brakes are much better, but the Reinert Snow Brakes take the cake.

Patent 119
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McKee, Voorhees & Sease, PLC is Seeking a Biotechnology Patent Attorney/Agent

IP Watchdog

McKee Voorhees and Sease, a boutique IP firm established in 1924 serving global clients at the intersection of science and law, seeks an experienced IP attorney to join the firm in the Chemical and Biotechnology practice group. This is full-time, permanent, flexible remote work for candidates in the Des Moines, IA, or St. Louis, MO area. Practice Areas: Intellectual Property - Biotechnology, Molecular Biology, Molecular Genetics, Biochemistry, Life Sciences, Biology, Agriculture, Medicine.

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Manga Artist Maki Murakami Targets Large Pirate Site NyaHentai.com

TorrentFreak

While pirate sites offering mainstream movies and TV shows regularly pull in millions of visits every month, just a few years ago it would’ve been unthinkable that those operating in niches could become equally ranked. These days, however, sites offering Japanese comics and animation are immensely popular with ever-increasing audiences in the West, making some manga and anime sites just as highly visited as their ‘mainstream’ content counterparts.

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When Doors Close, A Market Grows: Museums, COVID-19, and Cultural Digitisation

IPilogue

Photo by Ståle Grut ( Unsplash ). Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. As Toronto museums close their doors once again, their only option to stay “open” is to turn towards the digital. Toronto museums are not alone, although perhaps their struggles are more drawn-out; museums and art galleries in the U.K. and the U.S. have also faced physical closures due to lockdown restrictions.

Marketing 111
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Düsseldorf Higher Regional Court asks CJEU regarding the role of alternative designs in establishing functionality

The IPKat

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). The case goes as follows. The claimant in the national case, Papierfabriek Doetinchem, is the owner of Community Design No 001344022-0006 for a “packaging device” i.e., a holder for paper rolls (see the image to the right).

Designs 109
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SCOTUS Denials of Apple and Mylan Petitions Unlikely to End Challenges to PTAB NHK/Fintiv Framework

IP Watchdog

Earlier this week, the U.S. Supreme Court issued an order list indicating it had denied petitions for writs of certiorari in two cases challenging the NHK/Fintiv framework developed by the Patent Trial and Appeal Board (PTAB) for discretionary denials of validity trials under the America Invents Act (AIA). In denying petitions from consumer tech giant Apple and generic pharmaceutical firm Mylan Laboratories, SCOTUS has ended the latest challenge to the PTAB’s NHK/Fintiv rule, which has raised th

Invention 111
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Columbia Pictures Targets “Spider-Man” Leak Coverage with DMCA Notice

TorrentFreak

It’s perfectly understandable that copyright holders don’t want pirated copies of their work circulating online. Most companies deal with this problem by sending DMCA takedown requests. These notices are often sent to sites and services that host content, but linking sites and search engines receive them as well. Google search, for example, has processed takedown notices for more than 5 billion URLs over the past few years.