Sat.Jan 01, 2022 - Fri.Jan 07, 2022

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What Winnie-the-Pooh Lapsing into the Public Domain Really Means

Plagiarism Today

On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope. However, the name that’s received the lion’s share of the attention has been A.A. Milne’s original Winnie-the-Pooh story.

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What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?

Hugh Stephens Blog

As I noted in my year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year. The federal election last fall put on hold a number of copyright-related issues that were … Continue reading "What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?

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EMP&A Accepting Summer Internship Applications

Erik K Pelton

Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Intern(s) will be expected to work approximately 30-40 hours per week, primarily onsite in our Falls Church, VA office (following appropriate COVID safety protocols). Applications will be accepted through January 24, 2022.

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Artificial Intelligence and IP: UK IPO consults a second time

JD Supra Law

At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence. The consultation is seeking evidence and views on the extent to which patents and copyright should protect inventions and creative works made by AI, and also measures to make it easier to use copyright protected material in AI development, to support innovation and research.

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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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When Admitted Plagiarism Doesn’t Cause a Retraction

Plagiarism Today

Yesterday, Ivan Oransky at Retraction Watch posted a truly amazing story. It’s a tale of inaction, even when everyone is asking for it. The story begins in December 2020. That was when Iranian research Behrouz Pourghebleh first noticed an article published in IEEE Access that overlapped some 80 percent with an article he’d co-authored in 2019.

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It's about time to give the music producer her/his copyright due

The IPKat

Kat friend Dr. Aleksandra Sewerynik shares her periodic insights on copyright in the recording industry, this time in connection with the rights of the music producer. Every songwriting process is a different story. You can get a closer look at it by watching ‘ Diary of a song ’ by The New York Time s on YouTube, and documentaries such as Ed Sheeran’s ‘ Songwriter ’, or Shawn Mendes ‘ In Wonder ’.

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An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute

Erik K Pelton

What does Benjamin Franklin have to do with trademark protection and trademark disputes? Erik shares five reasons why trademark registration at the USPTO is so valuable. The post An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute appeared first on Erik M Pelton & Associates, PLLC. What does Benjamin Franklin have to do with trademark protection and trademark disputes?

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3 Count: Breaking Up

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 9th Circuit Breaks Up Copyright Class Action Over Concert Archives. First off today, Blake Brittain at Reuters reports that the Ninth Circuit Court of Appeals has broken up a class action lawsuit filed against the concert footage repository Wolfgang’s Vault in what is a major win for the defendants.

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Only in Your Dreams: Patent Stakeholders Share Their IP Wishes for the New Year

IP Watchdog

It's New Year's Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”) Responses this year ranged from the practical (that Kathi Vidal and Leonard Stark will be confirmed to their respective nominations) to the fantastical (the invention of a teleporting machine) – and we even got a poetry

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DMCA-Circumventing Cheat Maker Uses DMCA to Take Down Cracked Copy

TorrentFreak

Over the past couple of years a number of high-profile lawsuits have been filed against individuals and groups who create cheating software for videogames. Companies including Bungie, Riot Games, and Take-Two have all taken cheat makers to court for undermining their gaming environments and business models, claiming that these tools violate the anti-circumvention provisions of the DMCA.

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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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IPKat Book of the Year Awards 2021

The IPKat

Back by popular demand, it is time to vote for your favourite intellectual property law books of 2021! Anyone who managed to publish a book during 2021 most certainly deserves an award in any event, given the added pressures and stresses of the pandemic, but alas there can be only one winner (per category), so vote wisely. As always, readers can vote for books in five categories: Patents, Copyright, Trade Mark, Design and all other Intellectual Property topics including cross-overs.

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3 Count: Sealed with a Kiss

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Authors Win $7.8 Million Default Judgment in Global Piracy Lawsuit. First off today, Andrew Albanese at Publishers Weekly Reports that a collection of publishers and authors have secured a default judgement against a piracy service named KISS Library, this one awarding them $7.8 million in damages as well as a broad injunction against the site.

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The Road Ahead: Predicting IP Developments to Watch in 2022

IP Watchdog

Once again, this year we asked a selection of IP stakeholders to weigh in on what important IP events they see unfolding in the year ahead. While crystal balls were not required, respondents were encouraged to take their best educated guesses about what the future holds for IP in 2022. From the Federal Trade Commission (FTC) to the Supreme Court to the International Trade Commission (ITC), there is a lot to keep on our radar.

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Record Labels Still Want to Know if Piracy Trial Jurors Read TorrentFreak

TorrentFreak

The “repeat infringer” issue remains a hot topic in US courts and several ISPs have been sued over the years. These Internet providers stand accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple ‘copyright infringement’ notifications. The most prominent outcome thus far is the guilty verdict against Cox from late 2019.

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2021 Patent Grants

Patently-O

Total utility patent grants are down about 7% for calendar year 2021. Still the total ranks as the third highest of all time. The Office has almost eliminated unwanted delay in examination. Right now the delay is about 17 months from filing to first office-action. They really don’t want that to go below 14 months in order to capture 102(a)(2) prior art (former 102(e)).

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3 Count: Calling Duty

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Activision Sues Yet Another Call Of Duty Warzone Cheat Distributor. First off today, Otto Kratky at GameSpot reports that video game publisher Activision has filed yet another lawsuit against an alleged cheat distributor, this one citing violations of the Digital Millennium Copyright Act (DMCA).

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Federal Circuit Says Intel Can Appeal Qualcomm IPRs Despite Lack of Infringement Suit

IP Watchdog

On December 28, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a pair of precedential decisions in appeals raised by chipmaker Intel. These appeals came from final written decisions in several inter partes review (IPR) proceedings challenging the validity of patent claims owned by rival firm Qualcomm. In both decisions, the Federal Circuit found that Intel satisfied Article III standing requirements for appealing from the Patent Trial and Appeal Board (PTAB).

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YouTube Rippers Oppose $82 Million ‘Piracy’ Damages Recommendation

TorrentFreak

Last October, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com and their Russian operator Tofig Kurbanov. A Virginia federal court issued a default judgment in favor of several prominent music companies after the defendant walked away from the lawsuit. According to the order, there is a clear need to deter the behavior of Kurbanov who failed to hand over evidence including server logs.

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Around the IP Blogs

The IPKat

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., colour marks and 3D marks) ( MHCS v EUIPO | Case T-274/20 and Guerlain v EUIPO | Case T-488/20), the risks of using a mark in a manner other t

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3 Count: No More Popcorn

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Popcorn Time, the Piracy App That Spooked Netflix, Shuts Down. First off today, Priya Anand at Bloomberg reports that the piracy app Popcorn Time has shuttered its doors, ending a seven-year run where the app was one of the most prominent and popular piracy services.

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Copyright Cases in 2021: A Year In Review

Copyright Alliance

2021 was a roller coaster of highs and lows in copyright litigation. A much-anticipated Supreme Court decision left many scratching their heads, while the Second and Ninth Circuits brought a […]. The post Copyright Cases in 2021: A Year In Review appeared first on Copyright Alliance.

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Anti-Piracy Outfit Rightscorp’s Corporate Status is Void Due to Unpaid Tax Bills

TorrentFreak

Backed by the RIAA, several major music industry companies have taken some of the largest U.S. Internet providers to court. The music companies accuse these providers of failing to terminate the accounts of the most egregious pirates by ignoring millions of copyright infringement notices. To make them whole, the labels demand hundreds of millions of dollars in compensation.

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Right-to-Repair: Building Back Worse

IP Watchdog

A recent recommendation by the U.S. Copyright Office allowing for the bypassing of technological protection measures (TPMs) in medical devices for purposes of repair, maintenance and service has been adopted and immediately put into effect. This is bad news for patient safety. At a time when we’re loudly and publicly debating the relative merits of the Build Back Better Act, the U.S.

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Silence May Support Negative Claim Limitation

JD Supra Law

NOVARTIS PHARMACEUTICALS v. ACCORD HEALTHCARE INC. Before Moore, Linn, and O’Malley. Appeal from the United States District Court for the District of Delaware. Summary: A patent application that was silent about a “loading dose” of a drug provided written description support for a negative claim limitation requiring the absence of such a dose.

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Copyright law and football matches: impossible to match? (Part II)

Kluwer Copyright Blog

This post is based on the chapter “Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?” in Natalie Helberger, Joost Poort, Martin Senftleben, Mireille van Eechoud, Stef van Gompel (eds.). Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz, Kluwer Law International, 2021. The principle of non-protection of football matches as such by copyright law (see Part I of this blogpost ) does not preclude the possibility of protection for the filming

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YouTube’s Innovative Content ID is No Substitute For Humankind’s Greatest Gift

TorrentFreak

Copyright infringement disputes come in many shapes and sizes. They can be entirely justified, cynically malicious but, in most cases, utterly frustrating for at least one of the parties. What is rare, however, is for a copyright infringement dispute to have an air of sadness, especially when that affects both sides, albeit in different ways. I’m referring to the hugely controversial battle between Toei Animation and popular YouTuber Totally Not Mark we reported early December.

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Tillis Backs Vidal for USPTO Head, Dubbing Her a ‘Visionary Leader’

IP Watchdog

Senator Thom Tillis has come out on the record in support of Kathi Vidal to be the next Director of the U.S. Patent and Trademark Office (USPTO), on the eve of a Senate Judiciary Committee vote on her confirmation. Despite recent scrutiny of her ties to big tech and Silicon Valley, Tillis in a statement today said that he was satisfied with Vidal’s responses to his “tough questions” during the confirmation hearing process and feels he has received her commitment that she will continue the reform

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Can amending the description to summarize the prior art add matter to the patent application as filed? (T 0471/20)

The IPKat

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). This requirement usually manifests with a request from the Examiner for the description to be amended to identify the closest prior art. In contrast to other types of description amendment, amending the description so as to mention known prior art seems a relatively innocuous requirement.

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New Year, New Trademark Proceedings

JD Supra Law

This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark registrations have been obtained and maintained for marks that are not in use in U.S. commerce.

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Tarantino’s NFT Auction Goes Ahead Despite Miramax Copyright Lawsuit

TorrentFreak

Non-fungible tokens, or NFTs, have been booming over the past year. People are willing to pay millions of dollars in return for the rights to unique digital assets as well as any perks that come with them. These NFTs are not without copyright issues. For example, some artists have found their works being sold as NFTs without their permission. There are also more complex copyright angles too, as Quentin Tarantino discovered a few weeks ago.

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Federal Circuit Says PTAB Erred by Accepting Stipulation of Parties

IP Watchdog

According to Judge Taranto, when the issue of indefiniteness of claims is raised in an IPR the challenge is not merely a contest between the petitioner and the patent owner, but rather protects the interests of the judicial system, the agency, and the public. Therefore, the Board should have conducted a prior-art analysis without any consideration of or deference to the stipulation of the parties, and entry of a final written decision on the merits absent such an independent consideration was in

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Board of Appeal sweeps floor with Invalidity Division: vacuum cleaner bags do enjoy design right protection

The IPKat

With the holiday season behind us, the vacuum cleaner is a valuable ally to get rid of leftover pine needles or bits of broken baubles. For those Kats that have a vacuum cleaner operating with cleaner bags, a decision by the EUIPO (Third) Board of Appeal (‘BOA’) may be of particular interest. In the case of Miele v. Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division.

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U.S. Population Estimated at 332,403,650 on Jan. 1, 2022

U.S. Department of Commerce

U.S. Population Estimated at 332,403,650 on Jan. 1, 2022. January 6, 2022. KCPullen@doc.gov. Thu, 01/06/2022 - 14:37. Population statistics. The following is a cross-post from the U.S. Census Bureau. As our nation prepares to ring in the new year, the U.S. Census Bureau projects the United States population will be 332,403,650 on Jan. 1, 2022. This represents a 0.21% increase in population or an additional 706,899 people since New Year’s Day 2021.

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Call of Duty Cheat Maker ‘EngineOwning’ Sued By Activision Under The DMCA

TorrentFreak

In response to rampant cheating in Call of Duty, last October Activision announced RICHOCET Anti-Cheat , a supposedly robust system designed to stop cheaters in their tracks. The system reportedly identified and banned 50K cheaters across Warzone and Vanguard during the first day but this didn’t appear to solve the problem. As recently as yesterday there were reports of players openly mocking the system so, in common with companies including Bungie ( 1 , 2 , 3 ), Activision has now resorte

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Chief Justice Orders Review of Venue, Case Assignment for Patent Cases in Western District of Texas

IP Watchdog

While Chief Justice Roberts did not mention the Western District of Texas by name, that is what he is concerned about, which is clear from his reference to Senators expressing concern— concern that has been expressed relative to patent case assignment in the Western District of Texas. When a patent owner files a patent infringement lawsuit in the Western District of Texas the case will be assigned to Judge Alan Albright with virtual certainty.

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