Sat.Jul 02, 2022 - Fri.Jul 08, 2022

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The Trademark Scam Decision Tree

Erik K Pelton

The following is an edited transcript of my video The Trademark Scam Decision Tree. Past listeners and viewers of my videos and podcasts will know that from time to time I provide an update and more information about trademark scams, and the time has come once again. The reason is twofold. Number one is I’ve got a new tool to help you decipher whether or not something you received in the mail might be a trademark scam.

Trademark 211
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3 Count: Royalty Raise

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Royalty Board Confirms Streaming Royalty Raise for Publishers and Songwriters. First off today, Jem Aswad at Variety reports that, in the United States, the Copyright Royalty Board (CRB) has reaffirmed the 15.1% headline rate for the 2018-2022 period. The rate was originally decided in 2018 but all the major streamers, barring Apple, appealed it saying that the increase was too great.

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The WTO Extends its Customs Moratorium for Digital Products: Good News for Creators, Copyright Industries…and for Consumers

Hugh Stephens Blog

At the recent 12th WTO Ministerial meeting, the first in more than four years (because of COVID), Trade Ministers reached agreement on several key decisions.

Copyright 130
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The Pirate Bay Has a Documentary, Tamil Rockers Get an Action Thriller

TorrentFreak

Notable for their rise and public demise, piracy-related brands such as Napster, LimeWire, and Megaupload are still widely recognized today, despite their shutdowns long ago. Then there’s The Pirate Bay, a site that has endured almost 20 years of chaos yet still hasn’t fallen, largely due to the groundwork of three instantly recognizable figureheads – Peter Sunde, Fredrik Neij and Gottfrid Svartholm.

Branding 132
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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 to Protect a Book Title

Erik K Pelton

Book titles are special in the world of trademarks. Watch or listen to this episode as Erik reveals why they are harder to protect, and how authors can possibly workaround this situation. The post How to Protect a Book Title appeared first on Erik M Pelton & Associates, PLLC. Book titles are special in the world of trademarks. Watch or listen to this episode as Erik reveals why they are harder to protect, and how authors can possibly workaround this situation.

Trademark 147
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When it Comes to Patent Reform, Watch What Google Does – Not What it Says

IP Watchdog

The debate over patent reform is heating up again. Last month, Google published a blog post on patent reform, purportedly aimed at promoting American innovation. In it, Google decried the rising tide of “wasteful patent litigation,” railed against the disfavored practice of “forum shopping” and advocated for pending legislation aimed at making it easier for large companies to challenge the validity of patents owned by smaller rivals — all in the name of promoting a patent system that “incentiviz

Patent 132

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Greece Prosecutes Owner of American VPN Service Over Fraudulent User Transactions

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 shady activities. This can create serious problems.

Ownership 132
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Third Circuit Declares Copyright Independence for Fireworks Systems–Pyrotechnics v. XFX

Technology & Marketing Law Blog

This case involves copyright protection for fireworks systems–a relevant topic for July 4th! Pyrotechnics (under the “FireOne” brand) claims to be the “world leader in digital pyrotechnic firing systems.” The system involves a central unit, field modules, and software to run the system. Communication between the central unit and the field modules takes place via a “proprietary protocol.” FireTEK , a Romanian competitor, reverse-engineered Pyrotechnics

Copyright 128
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It’s Time to Give Up on the Charade of U.S. Patent Protection: Most Patents are Now Officially Invalid under American Axle

IP Watchdog

Last week, the Supreme Court refused certiorari in yet another patent eligibility appeal. I’ve lost count as to how many times the Court has refused to provide clarity to the fundamental question of patent eligibility since it last muddied the waters in Alice back in 2014. I stopped counting several years ago, when the number of petitions—pleas begging for help really—crossed over 50.

Patent 128
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US Copyright Office advises not to introduce ancillary copyright protection for press publishers in the US

The IPKat

In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive , on which see Katposts here ) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines. But is the EU press publishers’ right a model for other legislatures to follow too?

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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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Court Denies Summary Judgments in ISP’s Piracy Liability Lawsuit

TorrentFreak

Internet providers are generally seen as neutral service providers but according to several record labels, some of these companies willingly profit from piracy. In recent years we have seen several lawsuits against ISPs including Charter, Cox, RCN, and Bright House, which are accused of failing to terminate repeat copyright infringers. Music Industry vs.

Music 131
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Climate impact of plastics

McKinsey Operations

Plastics are frequently criticized for everything from their toxicity to their contributions to ocean pollution, but they play an important role in reducing greenhouse gas emissions.

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USPTO Will Ramp Up Identity Verification Rules for Trademark Filers Starting in August

IP Watchdog

Starting August 6, 2022, the U.S. Patent and Trademark Office (USPTO) will require all trademark filers to verify their identities in order to file electronic trademark forms. The move comes as an attempt to stop trademark scam entities and was announced in a blog post penned by USPTO Director Kathi Vidal and Commissioner for Trademarks David Gooder last week.

Trademark 119
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Who Wins in the Battle of Vogue, the magazine, (David) versus Vogue, the pub (Goliath)?

IPilogue

Serena Nath is an IPilogue Writer and a rising 2L JD candidate at Osgoode Hall Law School. Typically, the name “Vogue” evokes the highly popular fashion and lifestyle magazine or the song “Vogue” by Madonna. But the original “Vogue” actually refers to the a village in Cornwall, and named after this village is a pub. However, for Condé Nast, the publisher of Vogue the magazine, having a pub called “Vogue” was an issue.

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‘Bungie Wants PayPal’s Help to Expose Cheaters’

TorrentFreak

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Several game companies including Take-Two Interactive and Epic Games have taken cheaters to court in the US. More recently, American video game developer Bungie has been rather active as well. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.

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IP Reveries: Class 4.2 Ruminating on the “R – Rights” of IPR!

SpicyIP

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure.

IP 119
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American Axle Denied: Patent Stakeholders Sound Off on SCOTUS’ Refusal to Deal with Eligibility

IP Watchdog

As we’re all aware by now, the U.S. Supreme Court denied the petition in American Axle & Mfg., Inc. v. Neapco Holdings LLC late last week, in its last Orders List of the term. This leaves it up to Congress and the U.S. Patent and Trademark Office (USPTO) to restore any semblance of clarity on U.S. patent eligibility law for now. In a statement sent to IPWatchdog following the denial, the U.S.

Patent 119
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Your Child is Being Watched: EdTech and Children’s Privacy Part 1

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. Pandemic-related school closures pushed the adoption of educational technology (“EdTech”) in classrooms to new heights. In fact, Forbes estimates that the industry will surpass $377 billion by the year 2028. In response to the pandemic, Teachers across the globe were forced to adapt to online settings and were left scrambling for fun virtual tools to keep their children engaged in the

Privacy 120
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MPA: Openload Piracy Investigation Hit “Dead End” Due to Fake Customer Info

TorrentFreak

In response to a call for evidence from the House of Lords Committee on the Fraud Act 2006 and Digital Fraud, various companies, groups and organizations have been submitting their views on how the UK can tackle the rise in fraud. The consultation closed last month and among the submissions is one headed up by the MPA with support from various entities including BBC, BPI, BSkyB, Premier League, FACT, IFPI, ITV, Publishers Association and UK Music.

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The state of customer care in 2022

McKinsey Operations

Customer experience is more important than ever—yet it has never been more challenging as companies face a perfect storm of increasing call volumes, talent shortages, and rising customer expectations.

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@davidclowery is back at the Supreme Court, this time with added Attorneys General

The Trichordist

David is petitioning the Supreme Court of the United States to stop Google's cy pres payola system of class action settlements. This is David's third trip to the Supreme Court. This time, 21 state attorneys general agree.

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Celebrating British IP Day with great success stories 

Intellectual Property Office Blog

At the Intellectual Property Office we like to celebrate intellectual property every day. British IP Day, however, gives us that extra excuse for sharing some great IP success stories. We spoke to three very different companies whose valuable Intellectual property has elevated their success to another level. Together with support from Local Enterprise Partnerships, the Growth Hubs and partners Innovate UK Edge, they have used IPO’s free IP business tools and the IP Audit scheme to identify and u

IP 113
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ACE Seizes Domains Of Large Sports Streaming Pirate Sites

TorrentFreak

There is no denying that the Alliance for Creativity and Entertainment ( ACE ) has been rather successful over the past few years. The anti-piracy group, which represents prominent rightsholders such as Apple, the BBC, Canal+, Disney, Sky, Netflix, and Warner Bros, systematically hunts down key piracy players. ACE is well connected with law enforcement around the world and continues to expand its user base.

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Good Faith Doctrine and NFTs – How a Bored Ape NFT Dilemma May Present Unique Copyright and Contract Issues

IP Watchdog

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law? Over the course of the last two months, the general public has tracked what started out as a phishing scam involving actor Seth Green’s NFT from the Board Ape Yacht Club.

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What’s New in the Metaverse? The Line Between Artistic Expression and Commercial Goods May Soon Exist!

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The May 18 th 2022 decision by Judge Rakoff for a motion to dismiss in the case of Hermès International and Hermès Paris, Inc v Mason Rothschild clarified the applicability of Rogers v Grimaldi and the Polaroid likelihood-of-confusion factors on NFTs containing trademarks for artistic expression.

Art 109
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Business mobility payments: On the road to change

McKinsey Operations

Five major trends are affecting business mobility payments. Adapting to a changing technological environment and customer needs can help companies win in this emerging ecosystem.

Business 107
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BitTorrent ‘Copyright Trolls’ Given Green Light By Finland’s Supreme Court

TorrentFreak

More than eight years ago, internet subscribers in Finland began receiving letters claiming that they owed hundreds of euros to companies they’d never heard of. The letters, sent by the law firm Hedman Partners, alleged that subscribers’ internet connections had been used to download or share movies (some pornographic) using BitTorrent. Alleged pirates were given a choice – pay a substantial settlement amount to the rightsholders or face punishing legal action.

Copyright 118
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HealthCos are Accumulating Patents Aggressively in Electronic Records and Personalized Medicine

IP Close Up

Major areas of technology, such as healthcare, have experienced inordinately high numbers of patent grants over the past decade, but according to the latest research Continue reading.

Patent 108
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The Compelling Implications of Using a Blockchain to Record and Verify Patent Assignments

JD Supra Law

Given the recent bust cycle of cryptocurrencies and non-fungible tokens (NFTs), all things blockchain are currently tainted with words such as "bubble", "scam", and "fraud". But blockchain technology, which is what enables cryptocurrencies and NFTs, remains a remarkably innovative tool. When implemented properly, it can be used to create an immutable distributed digital ledger of transactions that is highly resistant to most forms of hacking.

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The promise and challenge of multi-client fulfillment for e-commerce

McKinsey Operations

A multi-client fulfillment model could help third-party logistics providers gain competitive advantage, but it also poses challenges—here’s how they can be overcome.

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Anti-Piracy Lawyer Wins ‘Unique’ YTS Trademark Case Against Pirate Sites & Apps

TorrentFreak

Two years ago, Hawaiian anti-piracy lawyer Kerry Culpepper turned some of the most popular piracy brands into a powerful anti-piracy tool. The attorney, who is listed as director of the company ’42 Ventures,’ registered several piracy-related trademarks, including ‘YTS’ and ‘Popcorn Time.’. The company, which was founded a year earlier, legally claimed these marks and uses them on a website that doesn’t draw any significant traffic.

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The Freedom of Expression Wake Up Call: Why the CRTC’s Radio-Canada Ruling Eviscerates the Defence of Bill C-11

Michael Geist

Bill C-11’s defenders have typically dismissed concerns about the bill and its implications for freedom of expression as misinformation. When pressed to address the actual substance in the bill, they either insist (wrongly) that the bill excludes user content or, alternatively, that even if it is in, the CRTC is bound by the Charter and requirements to safeguard freedom of expression.

Music 103
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Snapchat Isn’t Liable for a Teacher’s Sexual Predation–Doe v. Snap

Technology & Marketing Law Blog

A high school teacher allegedly used Snapchat to groom a sophomore student for a sexual relationship. (Atypically, the teacher was female and the victim was male, but the genders are irrelevant to this incident). Among other defendants, the victim sued Snapchat for negligence. The court treats this as an easy Section 230 case: ICS Provider. Undisputed, plus Lemmon v.

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How inflation is flipping the economic script

McKinsey Operations

The troubling trend is spilling over into every corner of the global economy, with dramatic effects. McKinsey Global Publishing looks into the stories emerging from the data.

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LaLiga & Serie A Win New Pirate IPTV Blocking Orders Against ISPs

TorrentFreak

It’s been 16 years since music industry group IFPI pressured Danish ISPs to block Russian music site AllofMP3. In 2022, most major audiovisual rightsholders are involved in the practice. Pioneered by the Premier League and its anti-piracy partners, pirate IPTV injunctions now provide authority for sophisticated flexible blocking, edging ever closer to the Holy Grail of real-time stream disruption.