Sat.Sep 03, 2022 - Fri.Sep 09, 2022

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Pickleball: A Boom in Trademark Filings

Erik K Pelton

The game of pickleball has become the fastest growing sport in the US and trademark filings at the USPTO are a proof of that. Businesses recognize that the trademark records of the USPTO really are a microcosm of the overall economy and a great source of research and knowledge. Find out more in this episode. The post Pickleball: A Boom in Trademark Filings appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: Texas Chainsaw Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The Texas Chainsaw Copyright Infringement? Bastrop County Business Sued by Film Copyright owner. First off today, Cora Neas at KXAN reports that Vortex Inc, the company that holds the copyright to the film The Texas Chainsaw Massacre, has filed a lawsuit against a rural Texas gas station that has made a name for itself as a filming location for the movie itself.

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Silicon Valley’s Unsuccessful Attempts to Export Section 230 through International Trade Agreements

Hugh Stephens Blog

A couple of weeks ago I wrote about the Omegle case, a potentially ground-breaking suit in the US in which an internet platform, Omegle, was denied the use of the Section 230 liability immunity defence by a judge in Oregon.

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Reducing food loss: What grocery retailers and manufacturers can do

McKinsey Operations

An estimated $600 billion worth of food is lost during or just after harvest. Can manufacturers and grocers do anything about it? Definitely—and it will be good for business, people, and the planet.

Business 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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How Trademarks Registrations Have Migrated To The Cloud

Erik K Pelton

The following is an edited transcript of my video Trademarks in the Cloud. The USPTO recently phased out issuing trademark registration certificates on paper to all registrants automatically, and are instead issuing them electronically. When I launched the firm in December of 1999, the first applications I filed were on paper, and this provides me the opportunity now to look both forward and backward on this topic.

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4 Copyright Claims Board Cases to Watch

Plagiarism Today

As we’ve discussed recently, the Copyright Claims Board (CCB) is the new copyright small claims court that was introduced as part of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) of 2020. The CCB opened its doors in June of this year, and we’ve already looked at the first 100 cases. As of this writing, that number has grown to 146.

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More Trending

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Refusal of domestic authorities to enforce copyright breaches human rights, says ECtHR

The IPKat

Is a country’s failure to ensure the protection of IP rights a breach of human rights, more precisely the right to the peaceful enjoyment of one’s own possessions under Article 1 of Protocol No. 1 to the European Convention of Human Rights (ECHR) ? This is what the European Court of Human Rights (ECtHR) had been asked to consider in Safarov v Azerbaijan (Application no. 885/12).

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The future of payments in Africa

McKinsey Operations

Innovations, entrepreneurs, and capital are reshaping Africa’s fast-growing electronic-payments landscape with solutions for consumers and businesses alike.

Business 137
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My Concerns with the ‘Can’t Be Evil’ NFT Licenses

Plagiarism Today

Last month, a study published by The Galaxy examined the top 25 most valuable NFT projects and found that, despite many understanding that NFTs transferred either the copyright or the license in the original work, only 1 in 25 of those projects even attempted to do as such. The reason for that, as I pointed out in my article on the subject , was that NFTs were never about copyright and, instead, were about creating scarcity of digital goods.

Licensing 196
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Five Men Indicted For Uploading Movies & Then Extorting ‘Pirate’ Downloaders

TorrentFreak

So-called copyright trolls come in all shapes and sizes and while most have a cynical approach to copyright law, some are prepared to go to extremes. The most notable case in the United States involved Prenda Law. After playing the victim for years, an investigation found that the law firm uploaded movies to sites like The Pirate Bay and then sued those who downloaded them.

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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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Fortnite Emotes Don’t Infringe Dance Choreography–Hanagami v. Epic

Technology & Marketing Law Blog

Kyle Hanagami is a choreographer. He made a video called “ How Long ” featuring his choreography. It now has 36M+ views. Fortnite offered an emote called “It’s Complicated.” “Ten of the poses in the video and the emote are the same.” Hanagami sued Epic for copyright infringement. The court shows the moves at issue side-by-side: There is no doubt that Fortnite “copied” the video.

Copyright 117
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How to build geopolitical resilience amid a fragmenting global order

McKinsey Operations

Organizations need to strategically invest in capabilities, people, processes, structures, and technology to navigate the risks arising from an evolving and fraught geopolitical landscape.

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3 Count: Somewhat Less Lit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 11th Circuit Overturns $1.4 Million Award for Rapper in Copyright Battle. First off today, Kayla Goggin at Courthouse News Service reports that the 11th Circuit Court of Appeals has overturned a lower court’s verdict in the Everything Be Lit case over concerns that the amended complaint was not served properly.

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EU Initiative Uses Blockchain and NFTs to Fight IP Infringement

TorrentFreak

To the public at large, blockchains and NFTs are often associated with volatile coins and expensive JPG files. However, beyond the major headlines, many projects in development put this technology to use in novel ways. The European Union recognized this potential several years ago. In 2017, the European Commission started exploring options to use blockchain technology to combat online piracy and counterfeiting.

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Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’ “claims are based on Apple’s part in authorizing and negligently distributing a ‘phishing’ / ‘spoofing’ app in its App Store, the Toast Plus application, while continuing to affirmatively repres

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Addressing the challenges of plastic waste: Circularity and leakage

McKinsey Operations

Circularity alone won’t stop leakage. Emerging economies still need to have proper waste management systems for their plastic and other materials.

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This Week in Washington IP: Oversight of the U.S. Copyright Office, Public/Private Collaboration for Quantum Computing Innovation, and Technology for Reducing Food Waste

IP Watchdog

This week in Washington IP news, the Senate IP Subcommittee hosts a hearing Wednesday afternoon to provide oversight of the U.S. Copyright Office, focusing on modernization efforts and technology updates. Elsewhere, the Center for Strategic & International Studies hosts events on encouraging public and private collaboration for improving developments in quantum computing technology, as well as technological developments in the agricultural and food production industries that can mitigate wa

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Tarantino and Miramax Settle Copyright Lawsuit Over “Pulp Fiction” NFTs

TorrentFreak

Last fall, movie director Quentin Tarantino announced that he would auction ‘Pulp Fiction’ NFTs to the public. These NFTs would unlock handwritten scripts and exclusive custom commentary from Tarantino, assets that many fans would like to get their hands on. NFTs are not without copyright issues, however, as Quentin Tarantino swiftly discovered. Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement.

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“Better Call Saul” Episode Sparks “Sweet” Trademark Infringement Lawsuit

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. How similar is too similar? Television producers need to be careful to ensure that they are not mimicking real-life businesses too closely to offer their fictitious shows some realism. According to The Wrap , AMC Networks and Sony Pictures, the production companies behind Better Call Saul , are being sued for trademark and trade dress infringement by Liberty Tax.

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The two-wheeled commute: Micromobility and your future

McKinsey Operations

Scooter skeptic? Think again. Micromobility is gaining favor with consumers worldwide—and may fast become a mainstay of urban transportation.

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Petitioner Pushes Back on Texas AG’s Arguments in Plea to High Court to Review Copyright Takings Case Against Texas A&M

IP Watchdog

The petitioner in a case challenging the U.S. Court of Appeals for the Fifth Circuit’s ruling that affirmed a Texas court’s dismissal of copyright claims over Texas A&M’s unauthorized reproduction of portions of his manuscript filed a reply brief Monday, arguing that the opposition provides “no escape hatch… for states’ particularly egregious intellectual property violations.

Copyright 105
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Verizon Must Disconnect Pirates & Block Pirate Sites, New Lawsuit Demands

TorrentFreak

Efforts to hold internet service providers in the United States accountable for the piracy activities of their subscribers are gaining momentum. In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. The decision is being appealed by Cox, but it set the stage for similar lawsuits, including a new complaint reported just yesterday targeting AT&T.

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Deadlines Extended for IP Osgoode & IP Innovation Clinic Openings

IPilogue

After some consideration, we are extending the deadlines to apply for positions with the IP Innovation Clinic, the IPilogue , and as Research Assistants for Prof. Pina D’Agostino and Prof. David Vaver! Applications for all openings will now be due at 5 PM on Friday 16 September 2022. All other requirements remain the same. For more information about applying to join the IP Innovation Clinic as a Clinic Fellow, click here.

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OM Weekly Digest 09/08/22

Olartemoure Blog

09/08/22 – Corporate. The Center of Arbitration of the Bogota Chamber of Commerce launched a new arbitration service for corporate and business disputes. This service aims to offer a specialized and exclusive resolution of legal conflicts arising from contractual transactions and conflicts delivered from strategic alliances between companies. The Center appointed a panel of arbitrators with extensive experience and recognition in this type of conflict, guaranteeing top experts to atten

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AD-ttorneys@law - September 2022

JD Supra Law

CSPI to FDA: Move to the Front! Watchdog barks at industry efforts to highlight nutrition facts - Gesundheit FOPNL. It’s sweeping the globe. What is it, you ask? A new government agency? An awful skin condition? A variant of the common cold?

Law 101
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Indian Court Orders US Domain Registrars to Preemptively Block Pirate Sites

TorrentFreak

Website blocking and cour-ordered domain suspensions are common anti-piracy measures in several parts of the world. India has been at the forefront of this movement, with rightsholders requesting blockades of thousands of websites over the years. Last week, the New Delhi High Court issued another other, targeting 18 pirate sites including torrentcue.co, uwatchfree.be, extramovies.pics and movierulzhd.lol.

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The Metaverse Has a Sexual Assault Problem

IPilogue

Raenelle Manning is an IPilogue Writer and 2L JD Candidate at Osgoode Hall Law School. Meta platforms (“Meta”), formally known as Facebook, is the leading developer of the Metaverse. The Metaverse is described as a 3D version of the internet where users can participate in a variety of activities, some of which include attending concerts, playing games, buying digital clothing, and working.

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Jack Daniel's Seeks Supreme Court Review of Ninth Circuit's "Bad Spaniels" Ruling.

The TTABlog

The Petition for Writ of Certiorari filed by Jack Daniel's in the "Bad Spaniels" case is worth a read. [pdf here ]. The Appendix may be found here. A response is due on or before September 16, 2022. Jack Daniel's states the "questions presented" as follow: QUESTIONS PRESENTED Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of famous companies such as petitioner Jack Daniel’s Properties, Inc.

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Oh, Fudge. TTAB Finds Curse Word Fails to Function as Trademark

JD Supra Law

The US Patent & Trademark Office (PTO) denied registration of several US trademark applications for the mark F**K, even though the applicant had overcome a prohibition on the registration of “immoral or scandalous” trademarks as a violation of the First Amendment in the Supreme Court’s 2019 decision in Iancu v. Brunetti. The applicant also had previously secured registration of the mark FUCT.

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Google Received DMCA Takedown Notices For 4 Million Unique Domains

TorrentFreak

For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. This makes life easier but for copyright holders, there’s a drawback too, as the web is littered with pirate sites. Over the past decade, Google has removed more than five billion ‘infringing’ URLs from its search results.

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Four Tet’s Successful Royalty Battle: Are Changes Coming in the Music Industry for Royalty Payment?

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. In a recent installment in the series of intellectual property disputes in the music industry, electronic artist Four Tet, also known as Kieran Hebden, has won a royalty lawsuit against his independent British record label, Domino Record Label, over how much he is paid every time one of his songs is downloaded or streamed.

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Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

Troia was a LoanStreet employee. He was allegedly fired for cause. Troia posted disparaging comments about LoanStreet at Glassdoor.com, Reddit.com, and Teamblind.com. He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and mark it as helpful so that the message is amplified and as many people are warned as possible.”. he “tagged the personal LinkedIn profiles of LoanStreet employees on the posts, which spurred a flurry of hate message

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Federal Circuit Upholds Lower Court Decision in Par Pharmaceutical, Inc. v. Eagle Pharmaceuticals, Inc.

JD Supra Law

(August 18, 2022) The Federal Circuit has affirmed that Eagle Pharmaceuticals, Inc. did not infringe Par Pharmaceutical, Inc. patents, easing Eagle’s path to market a generic competitor to Par’s Vasostrict®.

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$0.50 Per Month Pirate IPTV Packages Hit By beIN Emergency Injunction

TorrentFreak

As the battle against pirate IPTV services continues, beIN Media Group today announced early success in new legal action. The sports broadcaster says that after filing an application for an emergency injunction in Tunisia, local electronics retailer MyTek is no longer allowed to sell IPTV products carrying pirated beIN channels. The injunction is temporary, pending a full hearing on the merits of the case.

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Judges Who Use Social Media Must Know Their Ethical Limits

IP Law 360

While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.