Sat.Dec 10, 2022 - Fri.Dec 16, 2022

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Recent USPTO comments highlight the extent and breadth of trademark scams

Erik K Pelton

The USPTO recently submitted comments to the FTC regarding its proposed rulemaking, Rule on Impersonation of Government and Businesses. The USPTO comments, submitted on December 2, 2022, highlight the wide range of scams that are impacting the trademark system today, and their tremendous impact on all types of trademark operations. Some quotes from the USPTO comments: Specifically, scams involving the impersonation of the USPTO are prevalent, and, as a result, intellectual property owners have s

Trademark 326
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5 Ways Copyright Has Shaped the Holidays

Plagiarism Today

The holiday season is upon us, and it’s safe to say that festivities are kicking into high gear. However, as you enjoy your favorite seasonal traditions, it’s important to remember that, just like most things in our lives, copyright has had a role in shaping it. Whether it’s a movie becoming a holiday classic due to it being (briefly) in the public domain, holiday songs still very much under copyright, multiple legal questions around a children’s classic or some long-running myths that have chan

Copyright 263
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AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight

Hugh Stephens Blog

A quarter of a century ago, the internet was going to bring us wonderful things. The hubris of Silicon Valley was incarnated in the cyberlibertarian rantings of so-called internet guru John Perry Barlow and his “Declaration of the Independence of Cyberspace”.

Art 246
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Unofficial YouTube App ‘ReVanced’ Hit With DMCA Takedown Notices

TorrentFreak

YouTube is an incredible site with an unbelievable amount of content covering every conceivable topic. But it’s certainly not perfect. Most complaints relate to the volume of advertising on YouTube, which seems to know when to interrupt a video at the most inappropriate time. Background play isn’t available as standard either, unless users pay for a subscription, which many prefer not to.

Licensing 142
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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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Update: Trademark Backlog at the USPTO

Erik K Pelton

The following is an edited transcript of my video Update on Trademark Backlog at the USPTO. Late in 2021, I provided some information about the backlog of trademark filings at the USPTO. As of May 2022, the backlogs are worse. I predicted that they would get worse before they get better, but hopefully we’re close to the peak worse backlog, and soon will see improvement.

Trademark 182
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Students Beware of Exam Help Scammers

Plagiarism Today

Yesterday, a student took to Reddit’s r/scams community to share the story of how they were scammed by an “Exam Help Scammer”. . The scam was remarkably simple. The student involved had decided to cheat on an upcoming online exam and hired an “expert” from an exam help website. To that end, they paid $125 for the service. They then gave their username and password to the person, so they could “study” for the exam.

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Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

The IPKat

This post is the third and final instalment in the “Africa IP Highlights 2022" series of posts highlighting some of the key developments in IP in Africa in 2022. The first 2 posts covered copyright and trade marks. As previously stated, the Africa IP Highlights 2022 is the result of collaboration between myself and and Doreen Adoma Agyei and Clarisse Mideva.

IP 134
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The Value of a Great Logo

Erik K Pelton

The following is an edited transcript of my video The Value of a Great Logo. Great logos can be very powerful marketing tools for big businesses and the smallest of businesses as well. A great logo is memorable and can convey a message about the business, the brand, and the products or services to the customer in a way that the words can’t or that enhance what the words the brand itself would convey.

Branding 147
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3 Count: Triller Fight

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Triller Confirms Owing Sony $2Million, Vows to Pay Less for Music. First off today, Bruce Houghton at Hypebot reports that the video sharing and social networking service Triller has hit back in a lawsuit filed by Sony Music Entertainment, saying that it did nothing wrong even as it acknowledges a $2 million debt to the company.

Music 178
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Best of 2014: Redskins decision: The present judges the past

Likelihood of Confusion

Originally posted on June 18, 2014. I’ve been writing about the dispute over the REDSKINS trademark on this blog more or less since the beginning of the blog itself. Today. The post Best of 2014: Redskins decision: The present judges the past appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 133
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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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Collateral Estoppel Beats Precedent Every Time

Patently-O

by Dennis Crouch. I like to think of collateral estoppel alongside binding precedent. Both involve a set of (at least) two separate cases, and the question is always whether some conclusion drawn in the earlier action forecloses relitigation of same (or similar) issue in the latter action. Precedent is broader because it applies across-the-board regardless of the parties involved.

Licensing 131
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U.S. Confirms Seizure of 55 World Cup Piracy Streaming Domain Names

TorrentFreak

Last Friday we reported that a new round of piracy-related domain name seizures was likely being carried out by U.S. law enforcement. Dozens of popular sports streaming sites became inaccessible, replaced by a seizure banner featuring seals of prominent law enforcement outfits. T action was officially confirmed a few hours ago by the U.S. Attorney’s Office for the District of Maryland.

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‘Future vehicles require future insurance’

McKinsey Operations

In an interview with McKinsey’s Tanguy Catlin, Andrew Rose of OnStar Insurance discusses how telematics data will usher in a new era of auto insurance.

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DHC rules on Jurisdiction for Revocation Petitions and Appeals Post Dissolution of IPAB

SpicyIP

Image from here. Image depicting a directional sign board with three directions that read ‘this way’, ‘that way’ and ‘another way’ Recently, the Delhi High Court delivered an important decision that clarified the jurisdiction of High Courts post the enactment of the Tribunal Reforms Act, 2021 (TRA), which dissolved the IPAB (Intellectual Property Appellate Board).

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Urgent call to action! Call @SenatorLeahy to Support the American Music Fairness Act (202) 224-4242

The Trichordist

We have a chance to make history today––the American Music Fairness Act, our bi-partisan congressional bill, is on the runway to pass but we need the support… Read more "Urgent call to action! Call @SenatorLeahy to Support the American Music Fairness Act (202) 224-4242".

Music 125
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U.S. Govt Seizes Domains of Popular Sports Streaming Piracy Sites

TorrentFreak

Sports piracy is prevalent around the world, with more than half of all sports fans regularly using unauthorized streaming services. Football, also known as soccer in some parts of the world, is particularly problematic. It’s seen as a gateway sport that turns fans of other sports into streaming pirates. This is of particular concern now that millions of pirates are tuning into the World Cup.

Law 124
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Author Talks: The simple way to get more great ideas

McKinsey Operations

Stanford’s Jeremy Utley proposes approaching creativity with a “begun” mentality, where innovation is incorporated into daily practice instead of occurring only in sprints.

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High Court Asks Solicitor General for Views on Genius-Google Copyright Preemption Case

IP Watchdog

The U.S. Supreme Court today invited the Solicitor General’s views in a copyright case that asks the High Court to grant a petition on the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?” The petition was brought by ML Genius Holdings (Genius), an online platform for transcribing and annotating song lyrics, against Google and LyricFind, which Genius claims breached

Copyright 125
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Africa IP highlights 2022 #1: Copyright matters

The IPKat

It’s December and time for.drumroll. The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year. Interested readers can find the Africa IP Highlights 2021, here. This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva.

Copyright 120
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Dish Wins $2.1 Million From Texan Who Sold Pirate IPTV Through Amazon

TorrentFreak

U.S. broadcaster DISH Network has already booked a string of successes against pirate IPTV services this year, securing millions of dollars in damages. A few days ago, another victory was added to the list when a district court in Texas issued a default judgment against local resident Yahya Alghafir. Super Arab IPTV. The case began in 2020 when Dish filed a complaint against four defendants.

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Another Copyright Owner Learns Why It’s Better to Send DMCA Takedown Notices Before Suing–BMG v. Likee

Technology & Marketing Law Blog

Likee is a TikTok-like app that allows users to publish short videos, often set to music. Without sending DMCA takedown notices, BMG sued it for direct and contributory copyright infringement. The court dismisses those claims. Direct Infringement. The court says Likee didn’t engage in volitional conduct: Plaintiff has failed to establish the necessary causal nexus between Defendants’ conduct and its users’ illegal copying of Plaintiff’s copyrighted works.

Copyright 118
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Differential Privacy: The Big Tech Solution to Big Data Privacy

IPilogue

Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. The AI revolution has brought about significant concerns about the privacy of big data. Thankfully, over the past decade, big tech has found a solution to this problem: differential privacy, which actors have implemented in various ways. The technology is not limited to big tech anymore either; the U.S. government has implemented differential privacy for their 2020 census data.

Privacy 115
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Post-AIA Applications

Patently-O

by Dennis Crouch. The America Invents Act became law in September 2011, but the first-to-invent provisions only took effect for patent applications filed after March 16, 2013. Most US utility applications claim back to an earlier application filing: either prior utility patent application, provisional patent application, PCT application, or foreign patent application.

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MPA v. SmoothStreams IPTV: Server Photos & Shutdown Details Emerge

TorrentFreak

When users of popular IPTV provider SmoothStreams.tv began reporting issues with the service mid-July, few could’ve predicted events to follow. Our previous report covers events in finer detail, but essentially SmoothStreams had been under investigation since 2018 and the time had arrived to take it down. With permission from the court and everything planned down to the finest detail, on July 16, 2022, plaintiffs’ representatives, independent court-appointed supervising solicitors, p

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Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

Technology & Marketing Law Blog

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. This time, he “happened to be in the proximity” of the defendant’s cosmetic surgery clinic. Doing what, exactly? The opinion doesn’t say. While he was fortuitously in the neighborhood, “At Kogan’s request, Jackson posed for, and took, a picture with Kogan in front of a backdrop stamped with the words ‘PERFECTION MED SPA’ throughout.” 50 Cent says he thought Kogan wanted the photo for ̶

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How finance sector treasurers can get ready for CBDCs and stablecoins

McKinsey Operations

Central bank digital currencies and stablecoins could reshape financial services. Treasury managers can play a central role in optimizing the related opportunities—and handling of the risks.

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Technologies for Enhancing Cannabis Bioavailability and Their Legal Methods of Protection

JD Supra Law

The following post explores the bioavailability and efficacy of various cannabis products, followed by a brief overview of the legal protection afforded to each as an intellectual property asset.

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Pirate IPTV Services Generate Over €1 Billion Per Year in Europe

TorrentFreak

In recent years, many people have canceled their expensive cable subscriptions, opting to use cheaper Internet TV instead. While there are plenty of legal streaming options available, there’s also a broad offer of IPTV services that are specifically set up to deliver content but without permission from rightsholders. €1 Billion Pirate IPTV Revenue. These high-quality pirate IPTV services are often sold through monthly or yearly subscriptions.

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Tencent, video games, the metaverse and diversity: an insider’s view

WIPO Magazine

Jia Wang, Deputy Director of the Technology Service for the North Americas Team within Tencent’s interactive entertainment group, discusses the future of video games and the role IP plays in her work.

IP 111
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What Unauthorized Manipulation of Starlink Signals Teaches Us About the Importance of IP

IP Watchdog

Starlink signals can be manipulated. In fact, they already have been, by unauthorized third parties. The agents are proclaiming their success and letting the world know that there is nothing Starlink can do about it. I’m inclined to agree. A professor at the University of Texas has found a way to use Starlink signals to develop a new global navigation technology that would operate independently of GPS or its European, Russian, and Chinese equivalents (Starlink’s terminals have also been successf

IP 111
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Drake and 21 Savage May Have More (Legal) Issues Than Vogue

IPilogue

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. This follows Vogue’s controversial lawsuit asking a small English pub called “The Star Inn at Vogue” to change its name.

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MPA Wins $20.7m Damages Against Former Piracy Giant PrimeWire

TorrentFreak

When several major studios filed a copyright lawsuit against PrimeWire last year, it shouldn’t have come as much of a surprise. It did nonetheless – it was a long time coming. More than a decade ago, a successful pirate streaming site called LetMeWatchThis reportedly ran into domain issues, and after a swift rebranding exercise, returned as 1Channel.

Reporting 113
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AI for medtech commercial growth: Five missteps to avoid

McKinsey Operations

Medtech companies are looking to AI and advanced analytics to help retool their commercial models to meet customers’ evolving expectations—but common misunderstandings can delay progress.

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As Deadline on COVID IP Waiver Extension Looms, LMICs Propose Text, U.S. Supports Delay, and Organizations Speak Out

IP Watchdog

A number of lower-income countries (LMICs) on Tuesday, December 6, proposed new text to the World Trade Organization (WTO) urging them to adopt it and proceed with an extension of the waiver of IP rights for COVID-19-related technologies under the Agreement on Trade-Related Aspects of IP Rights (TRIPS). The text was sent following the United States’ announcement on the same day that it supports a delay of the deadline to decide whether to extend the waiver to diagnostics and therapeutics pending

IP 105
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Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event–AH v. Labana

Technology & Marketing Law Blog

This case involves St. Francis High School , a Catholic high school in Mountain View located just a few steps away from my home. In the wake of George Floyd’s death during the early pandemic days, racial tensions were high and people were angry. One SFHS student found on Spotify, and then publicized on social media, a photo of three peers that appeared to be in blackface, which the uploader said was evidence of racism at SFHS.