Sat.Apr 09, 2022 - Fri.Apr 15, 2022

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The Copyright Needle in the Budget Haystack (And Why Requiring Registration for Copyright is a Really Bad Idea)

Hugh Stephens Blog

There it was! The copyright needle in the budget haystack. As plain as day–buried on p. 274 of Canadian Finance Minister Chrystia Freeland’s 280 page 2022 budget under “Other Legislative Measures” along with a grab-bag of about 40 other measures.

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Etsy Launches New IP Portal

Plagiarism Today

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. The portal itself is fairly basic. Users login with their Etsy account and then first register their brand.

IP 248
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The Golden Ratio of Trademark Protection

Erik K Pelton

What does the golden ratio law of nature have to do with trademark protection? In this episode, Erik ruminates on this concept and reveals its correlation to brand protection. The post The Golden Ratio of Trademark Protection appeared first on Erik M Pelton & Associates, PLLC. What does the golden ratio law of nature have to do with trademark protection?

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DuckDuckGo Removes Pirate Sites and YouTube-DL from Its Search Results

TorrentFreak

Launched in 2008, search engine DuckDuckGo is a go-to service for Internet users who value their privacy. Unlike many competitors, the site doesn’t keep a record of users’ IP addresses or other sensitive information. In recent years, the site also stood out by returning cleaner results than competitors such as Google, which actively alters its algorithms to downrank pirate sites.

Privacy 144
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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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Vidal Takes the Helm as USPTO’s Second Congressionally Approved Woman Director

IP Watchdog

On Wednesday, April 13, Kathi Vidal was officially sworn in and began her role as the new Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO). Chief Judge Kimberly Moore administered the oath of office, and Vidal now assumes her position at the helm of the agency and head of its 13,000 employees.

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3 Count: Pac-Mom

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: National Association Of Realtors Is Fighting A Copyright Ruling On Floor Plans. First off today, Brenda Richardson at Forbes reports that the National Association of Realtors has joined forces with some 18 other real estate-related groups to petition the Supreme Court to overturn an Appeals Court ruling that they feel puts homeowners at risk of burdensome lawsuits.

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Standing in Trademark Opposition and Cancellation Proceedings

Patently-O

by Dennis Crouch. In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. The issues are parallel to those faced on the patent side by unsuccessful Inter Partes Review (IPR) petitioners who attempt to appeal that loss.

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Leahy/ Tillis Announce Bill to Balance PTAB Process

IP Watchdog

Last night, the Chairman and the Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property published an op-ed in The Hill on the important role the Patent Trial and Appeal Board (PTAB) plays in the U.S. patent ecosystem, and expressed their commitment to strong patent rights as a necessity for American innovation to flourish. “In order to ensure America’s continued dominance in all areas of innovation, we must have strong patent rights,” Senator Patrick Leahy (D-VT) and Senato

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Plagiarism in Pop Culture: Saturday Night Live

Plagiarism Today

Saturday Night Live (SNL) is a long-running late-night comedy sketch show. First airing in October 1975, the show has racked up some 962 episodes and 47 seasons as of writing. . The show has become something of a cornerstone in American culture. It was how many famous comedians broke out onto the national stage, and many of its characters, segments and events are among the most widely recognized in the world.

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Piracy Numbers Drop After Indonesia Blocks Over 3,500 Pirate Sites

TorrentFreak

Indonesia has been very active on the anti-piracy front in recent years, with the government ordering Internet providers to block thousands of pirate sites. The government action began in mid-2009 and at the start of this month, the local blocklist had grown to include over 3,500 domain names. These interventions are cheered on by the Coalition Against Piracy ( CAP ).

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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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Spoiler Alert: Behind Movie Recap Videos

IPilogue

Photo by Felix Mooneeram ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. . Imagine you are very interested in a three-hour movie that you do not have the time or patience to finish or a horror movie that you are too scared to watch. If a video condenses the film into short clips summarizing the plot, would you choose to watch the video instead?

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Money, Media, Votes, and Passing H.R. 5874

IP Watchdog

All things in Washington are driven by money, media and votes. If you can deliver one or more of those things, you will get the results you want. Engaging in politics with this in mind is key to fixing the broken patent system by passing HR 5874, the Restoring American Leadership in Innovation Act (RALIA). Since no mortal can compete with Big Tech’s big bucks and their control of social media, and the media in general, the only lever remaining is delivering votes back home, or more importantly,

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3 Count: Post-Post Malone

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Post Malone’s Bid to Dismiss ‘Circles’ Suit Before Trial ‘Doesn’t Work’ for Judge. First off today, Nancy Dillon at Rolling Stone reports that Post Malone has lost a bid to have a lawsuit against him tossed, with the judge strongly indicating that the case is heading toward a May 17th trial date.

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Omi in a Hellcat Sued Again, This Time Over Pirate IPTV Brand ‘Reloaded’

TorrentFreak

In November 2019, the US federal government shut down IPTV services operated by Bill Omar Carrasquillo, aka ‘Omi in a Hellcat’ IRS and FBI agents seized “at least” $5.2m from his bank accounts along with a fleet of supercars. The US government says that Carrasquillo’s platforms redistributed Comcast, Verizon, Spectrum, DirecTV and Frontier Communications broadcasts, reportedly earning Carrasquillo a cool $34 million.

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Sen. Hawley Merchandising That Photo Ain’t Fair Use

The Illusion of More

Mickey Osterreicher, general counsel for National Press Photographers Association (NPPA), wrote an open letter to Senator Josh Hawley of Missouri telling him to stop using a photograph on tee shirts and other campaign merchandise. You know the photo. The one of Hawley raising a fist of solidarity to a mob of knuckle-dragging seditionists shortly before […].

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U.S. Chamber of Commerce Expresses Support for New Bills Limiting Power to Waive TRIPS Rights

IP Watchdog

The U.S. Chamber of Commerce yesterday published a letter it sent to members of congress expressing strong support for both the “No Free TRIPS Act” and the “Protecting American Innovation Act.” According to the letter, if enacted, these bills “would prohibit the Administration from negotiating or concluding any modifications to the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property (TRIPS) agreement, without the explicit authorization of Congress.

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The challenges of artificial intelligence for competition law

JD Supra Law

The question whether artificial intelligence (AI) systems, when acting independently of humans, can be considered inventors is not recent. Along with advancements in the sophistication of these systems, the possibility for them to “create” in an increasingly broad sense (which includes software), comes quickly to mind.

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ACE Finally Seizes Pirate Streaming Domains After Years of Legal Action

TorrentFreak

Over the past decade, hundreds of pirate streaming sites gained traction as free alternatives to official streaming platforms such as Netflix. In 2013, Afdah.com entered the already crowded market and quickly attracted millions of users tempted by a comprehensive library of copyright-infringing movies. But of course, along with a rise in Afdah’s popularity came increased interest from copyright holders determined to shut down or disrupt the site.

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Protection of Intellectual Property (IP) in the Metaverse

Kashishipr

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto

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CAFC Schools District Court on Claim Construction Again

IP Watchdog

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a decision of the U.S. District Court for the District of Nevada denying Power Probe’s request for a preliminary injunction to bar future sales of Innova Electronics Corporation’s Powercheck #5420 device. The CAFC held that the district court erred in its preliminary claim construction, particularly in determining that “detecting continuity and measuring continuity are mutually exclusive.”.

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[Guest post] Lithuania transposes the DSM Directive

The IPKat

The IPKat is pleased to host this guest contribution by Katfriend Marijus Dingilevskis (Ellex), who reports and comments on the recent transposition, by Lithuania, of the DSM Directive [Katposts here ]. Here's what Marijus writes: Lithuania transposes the DSM Directive by Marijus Dingilevskis The Lithuanian Parliament adopted the law implementing the DSM Directive that was published in the Register of Legal Acts on 30 March last.

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YouTube Rejects Movie Piracy Claims and Content ID Critique

TorrentFreak

Last year, Spanish-born movie tycoon Carlos Vasallo sued YouTube over various piracy related claims. The actor and producer own the rights to the world’s largest collection of Mexican and Latin American movies, many of which are illegally shared on YouTube. The lawsuit accused YouTube of not doing enough to stop people from uploading pirated content.

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Does Snapchat’s Speed Filter Cause Car Accidents?–Lemmon v. Snap

Technology & Marketing Law Blog

Last year, the Ninth Circuit issued a confusing ruling in Lemmon v. Snap , holding that Section 230 did not apply to the plaintiffs’ allegations that Snapchat’s speed filter caused a terrible car accident, irrespective of whether or not the users published the speed filter. This ruling preserved Section 230’s applicability if the claim had been based on publishing images or videos with the speed filter.

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Other Barks & Bites for Friday, April 15: Australian Appeals Court Rejects DABUS AI Inventorship, Brent Lutes is Copyright Office’s First Chief Economist, and Judge Albright Invalidates Reissue Claims Under Original Patent Doctrine

IP Watchdog

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy announce a forthcoming bill to limit petitioner challenges at the PTAB, preventing abuse; the U.S. Chamber of Commerce publishes an open letter to Congress in support of bills limiting the Executive Branch’s ability to authorize a waiver of IP obligations under TRIPS; the Federal Court of Australia overturns a previous decision that had found DABUS AI as a legitimate inventor on patent applications filed in Australia;

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Insights from the Global Online Thesis Topic Meetings

IPilogue

Photo by Milad Fakurian ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LLM Student at Osgoode Hall Law School. . I attended the Global Online Thesis Topic Meetings (“GOTTMs”) hosted by Leiden University on April 5, 2022. Prof. Dirk Visser of Leiden University moderated this discussion on non-fungible tokens (“NFTs”) and intellectual property (“IP”), which featured three speakers— Richard Lehv , Alexandra Giannopoulou , and Andres Guadamuz —who discussed different aspects of NFTs thro

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Police Shut ‘Club Penguin Rewritten’, 3 Arrested For Copyright Infringement

TorrentFreak

Created by New Horizon Interactive, massively multiplayer online game (MMO) Club Penguin first opened to the public in 2005. Its Antarctic-themed virtual world, inhabited by players’ penguin avatars, proved incredibly popular and two years later boasted 30 million users. This success attracted the attention of Disney and in 2007, New Horizon was scooped up for $350 million.

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3 Reasons IP Matters for Early Stage Companies

IP.com

As the leader of an early stage company, you’re worried about a lot of different business functions. Managing IP can be confusing and intimidating for founders used to working in. The post 3 Reasons IP Matters for Early Stage Companies appeared first on IP.com - IP Innovation and Analytics.

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Examining the Circuit Split on Preliminary Injunctions in False Advertising Post-eBay

IP Watchdog

In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread. Among these ads and messages, some may be useful in building the public’s confidence and marketing effective products to consumers, but some may mislead and deceive desperate consumers into buying treatments and products without any scientific support.

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The Corporation as an Inventive Artificial Intelligence

Patently-O

Prof. Ryan Abbott has gathered an amazing group of scholars for his new book on AI and IP that is forthcoming later this year. Research Handbook on Intellectual Property and Artificial Intelligence (Edward Elgar Press, Forthcoming 2022) (R. Abbott, ed.). In general, the various chapters focus on various aspects of machine-based AI. My contribution takes a different tack and instead consider idea that modern corporations and other non-human entities are also a form of artificial intelligence.

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Manga Pirates Warned That Kadokawa Seeks Their Identities From YouTube

TorrentFreak

Every week millions of online copyright infringements are detected by rightsholders and their anti-piracy partners. In the overwhelming majority of cases the aim is to remove content or links to content. YouTube and Google tend to respond to such complaints quickly, through the removal of videos or search engine results respectively. In most cases that’s the end of the matter but some rightsholders may have other things in mind, including further punishment for alleged pirates.

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In Opposition to Copyright Protection for AI Works

The Illusion of More

This is a response to “Paradise Rejected: A Conversation about AI and Authorship with Dr. Ryan Abbott” hosted by Professor Sandra Aistars at the Center for the Protection of Intellectual Property (CPIP) at George Mason University School of Law. It was first published on the CPIP blog in conjunction with Professor Aistars’s post. On February […].

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CAFC Vacates Section 112 Indefiniteness Ruling, Sending St. Jude Medical Back to Court

IP Watchdog

On April 11, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Niazi Licensing Corp. v. St. Jude Medical S.C., Inc. in which the court affirmed most of a ruling from the District of Minnesota, including sanctions against Niazi for improper use of expert testimony, as well as a finding of no induced infringement by St.

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Roche Diagnostics Corp. v. Meso Scale Diagnostics, LLC (Fed. Cir. 2022)

JD Supra Law

U.S. patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262. But the complexities that can ensue, both in what is licensed and when it is licensed (and when those licenses expire) can be daunting to the extent that the parties don't always agree.

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ACE Shuts Down Massive Pirate Site After Locating Owner in Remote Peru

TorrentFreak

In October 2021, TorrentFreak learned that the Motion Picture Association and its anti-piracy partner Alliance for Creativity and Entertainment had taken an interest in one of the world’s most popular pirate streaming sites. In a DMCA subpoena application filed at a California court, MPA/ACE asked Cloudflare to hand over all information held on several pirate platforms including movie, TV show and anime streaming site Pelisplushd.net.

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The Harm from Budget 2022’s Hidden Copyright Term Extension, Part One: Entry to Public Domain of Canadian Authors Lost for a Generation

Michael Geist

Copyright term extension was rightly resisted by successive Canadian governments for decades because it offers few benefits and raises significant costs. The decision to agree to an extension in the USMCA is harmful policy, made worse by the decision to bury plans for implementation in Finance Minister Chrystia Freeland’s Budget 2022. As a result, there will be a two decade moratorium on new works entering the public domain, creating an enormous impact on access to Canadian culture and his