Erik K Pelton

JULY 1, 2023

The following is an edited transcript of my video 5 Free Ways to Strengthen Your Brand. Use the proper symbol for your trademark. If you have a registration, use the ® prominently with your brand. If you don’t, you can use TM or SM. We have plenty more resources about which symbol to use and how and where available on our website. Be consistent in how you use your brand—your colors, your logo, your fonts—to help your brand stick in the minds of customers.

Branding 147

Branding Brands Branding Social Media 147

Plagiarism Today

JULY 6, 2023

The copyright claim board has handed down two more final determinations. Though not decisions, they are still noteworthy. The post Two More Copyright Claims Board Cases Concluded appeared first on Plagiarism Today.

Copyright 196

Copyright Plagiarism Copyright Law Law 196

TorrentFreak

JULY 4, 2023

In recent years, pirate streaming platforms have surpassed torrent sites and direct download portals in terms of popularity. These portals offer the ‘on-demand’ convenience many people have grown accustomed to. For site operators, the streaming business also has its advantages. Piracy as a Service The streaming boom has created a new branch of pirate entrepreneurs that offer “piracy as a service” This includes platforms that provide access to a library of pirated content,

Government 143

Government Copyright Infringement Copyright Reporting 143

Michael Geist

JULY 5, 2023

Canadian Heritage Minister Pablo Rodriguez has scheduled a press conference for later today to answer questions on the legislative mess that is Bill C-18. With Meta and Google announcing that they will block news sharing and links on their platforms before the law takes effect, the Canadian media sector stands to lose millions of dollars with lost links, the cancellation of dozens of existing deals , and a bill that might not generate any new revenues.

Journalism 140

Journalism Social Media Government Business 140

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?

Technology

Erik K Pelton

JULY 3, 2023

The following is an edited transcript of my video The Power of Brand Jingles. A jingles is a form of slogan, but with a tune or sometimes music that accompanies it. Some memorable jingles include: McDonald’s: I’m lovin’ it Rice Krispies: Snap, Crackle, Pop Toys R Us: I’d rather be a Toys R Us kid What would you do for a Klondike bar?

Branding 130

Branding Brands Branding Music 130

Plagiarism Today

JULY 6, 2023

Authors sue OpenAI over book ingestion, Jeff Koons and Michael Hayden claim recent SCOTUS ruling helps them, and Getty sued by photog. The post 3 Count: Sweet Little Lies appeared first on Plagiarism Today.

Plagiarism 170

Plagiarism Artwork Copyright 170

Technology & Marketing Law Blog

JULY 2, 2023

[A special post for my Canadian friends as a belated celebration of Canada Day. ] This case involves a Canadian transaction for flax. The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 per bushel (which amounts to $669.26 per tonne) with a delivery period listed as “Nov”.

Contracts 136

Contracts Blogging Technology Law 136

IP Watchdog

JULY 6, 2023

On the evening of July 5, inventor advocacy group US Inventor hosted a webinar to discuss the Patent Eligibility Restoration Act (PERA) recently introduced into the U.S. Senate by Senators Thom Tillis (R-NC) and Chris Coons (D-DE). The featured guest speaker was Retired U.S. Court of Appeals for the Federal Circuit Chief Judge Paul Michel, who has been involved in the development of PERA’s draft legislative text and has personally supported PERA as an important step in “reviv[ing] the faltering

Inventor 122

Inventor Patent Government Intellectual Property 122

The Illusion of More

JULY 7, 2023

We all know the mantra that says it’s better to ask forgiveness than permission. According to Quote Investigator, the earliest published version of this sentiment appeared in 1846, but QI’s editors believe the notion is older than that and cannot be attributed to any one source. Whatever its derivation or contexts in which it has […] The post Get AI Wrong and There Will Be Nothing to Forgive appeared first on The Illusion of More.

Publishing 111

Publishing 111

TorrentFreak

JULY 1, 2023

The most dependable things in life tend to be the things most easily taken for granted. In the piracy ecosystem, that certainly applied to torrent site RARBG. RARBG was never likely to win any prizes for being the best-looking site with bleeding-edge features. Nor would its operators hope to win any. What the site did was what any indexer of any content should strive for; plenty of well-organized and readily searchable content, all of it supported by ancillary sources of complementary data, with

Copyright 142

Copyright Privacy Music Copyright Law 142

Advertiser: IPO

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.

Patent

Michael Geist

JULY 4, 2023

Evan Scrimshaw, who writes an engaging Substack primarily focused on Canadian politics, posted an interesting piece over the holiday weekend that linked the Toronto Raptors failure to resign guard Fred VanVleet and the reaction to Google and Facebook’s announcement that they plan to block news sharing or links as a result of Bill C-18. I liked the piece and it got me thinking about the parallels, leading to this post.

Government 110

Government Settlement Marketing Marketing 110

IP Watchdog

JULY 6, 2023

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. Apple had asked the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it could proceed to registration.

Music 111

Music Trademark Registration Litigation 111

SpicyIP

JULY 1, 2023

Image by rawpixel.com on Freepik The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice. Of these, 103 applicants have passed the exam. With regard to the Patent Agent Exam, of 5695 candidates who appeared for the examination, 716 had earlier qualified for the viva voice.

Trademark 104

Trademark Patent Designs Design 104

TorrentFreak

JULY 5, 2023

Over the past several years, adult entertainment company Strike 3 Holdings has filed thousands of cases in U.S. federal courts. The company, known for its Blacked, Tushy, and Vixen brands, targets people whose Internet connections were allegedly used to download and share copyright-infringing content via BitTorrent. Track, Sue and Settle These efforts, often referred to as so-called ‘copyright-trolling’, are pretty straightforward.

Copyright 124

Copyright Settlement Copyright Infringement Business 124

IP Law 360

JULY 7, 2023

After opening up about his own criminal background and his unconventional path into the legal industry, intellectual property lawyer Keegan Caldwell is now helping incarcerated and formerly incarcerated people file patent applications.

Intellectual Property 98

Intellectual Property Patent Application IP Patent 98

JD Supra Law

JULY 7, 2023

As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology and to understand how to obtain registration and enjoy the advantages within an increasingly competitive landscape.

Intellectual Property 98

Intellectual Property Copyright Registration IP 98

Copyright Alliance

JULY 6, 2023

June 2023 marked the one-year anniversary of the small copyright claims tribunal, the Copyright Claims Board (CCB). Meanwhile, Congress kept busy on AI issues and a major class-action lawsuit on […] The post June 2023 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 98

Copyright Business 98

TorrentFreak

JULY 4, 2023

Here’s a curious conundrum: given its extraordinary traffic and likely position as the world’s largest pirate site, why does Zoro.to feature so rarely in rightsholders’ public complaints over piracy? One explanation could be the site’s age; at just over two years old, it’s possible that established sites are considered more of a priority.

Reporting 121

Reporting Advertising Advertising Designs 121

IP Law 360

JULY 4, 2023

Apple failed to convince appellate judges on Tuesday to invalidate two crucial wireless communications patents that Optis has accused it of infringing, as the iPhone maker gears up to take the dispute to the U.K.'s top court.

Patent 98

Patent 98

SpicyIP

JULY 7, 2023

Image generated used Dall E [This post is a part of the IP History series and is authored by Shivam Kaushik. Shivam is a 2020 law graduate from Benaras Hindu University and is presently working as a law researcher at the Delhi High Court. The first post of the series on India and the Berne Convention can be accessed here and his previous posts can be accessed here.

Copyright 98

Copyright Copyright Law Law Publishing 98

The IPKat

JULY 6, 2023

The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri (Warner Bros Discovery) regarding the most recent instalment in the Lidl v Tesco IP dispute. Here’s what Alessandro writes: Lidl on price, big on copyright by Alessandro Cerri In a judgment issued a few days ago, the High Court of England and Wales (the Court) granted a final injunction in respect of Tesco’s infringement of Lidl’s copyright in its blue-and-yellow logo.

Copyright 94

Copyright Copyright Infringement Marketing Marketing 94

TorrentFreak

JULY 5, 2023

In a lawsuit, filed in the U.S. early January 2022, videogame giant Activision targeted German companies EngineOwning UG and CMN Holdings S.A, plus various individuals connected with their operation. Running along similar lines as several other lawsuits filed by competitor Bungie, Activision claimed that the defendants trafficked in circumvention devices, in violation of the DMCA.

Business 121

Business Law Litigation Reporting 121

IP and Legal Filings

JULY 7, 2023

NUISANCE Nuisance, derived from the French term “nuire,” which means to “annoy” or “cause harm,” is the foundation of the tort known as nuisance under common law. The term “nuisance” refers to any act or omission that results in hereditaments or tenements belonging to another person, or annoyance of the lands, or to the hurting of a person’s right to remain on his premises, but does not amount to trespassing on the property.

Law 86

Law Litigation IP 86

IP Close Up

JULY 5, 2023

Advances in artificial intelligence have become a threat to performers whose vocal and visual likenesses can be readily created through AI algorithms.

Law 91

Law IP Technology Litigation 91

The IPKat

JULY 7, 2023

In April, this Kat, taking advantage of her status QMUL Alumna, had the opportunity to attend the flagship event of the More Than Just a Game (MTJG) conference series. The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of London in 2015 to bring together creators, legal practitioners and researchers in the field of Interactive Entertainment.

Reporting 86

Reporting Music IP Intellectual Property 86

TorrentFreak

JULY 7, 2023

Dozens of times each year, global anti-piracy coalition Alliance for Creativity and Entertainment files DMCA subpoena applications at a court in California. Once obtained, these are served on service providers, mostly Cloudflare, requesting personal information on pirate site operators. While the quality of supplied information varies, the number of applications suggests that the world’s largest entertainment companies do indeed obtain valuable intelligence from the process.

Social Media 120

Social Media Copyright Marketing Marketing 120

Cogency Global

JULY 6, 2023

What this is : When you’re managing the closing of a complex financing transaction like that of a commercial mortgage-backed security, a detail-oriented checklist is your best friend. What this means : We’ll provide you a sample checklist, and walk through some of the steps needed to create a useful and organized process for closings.

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IP Law 360

JULY 5, 2023

For brand owners seeking to leverage their physical-world brands to expand into the virtual world and vice versa, understanding the current, uncertain trademark landscape and implementing practical licensing considerations is crucial, despite some recent big-name pullbacks from the metaverse, say attorneys at Sullivan & Cromwell.

Licensing 81

Licensing Trademark Branding Brands 81

JD Supra Law

JULY 7, 2023

The Federal Trade Commission (FTC) has issued a Proposed Rule which, if implemented, would prohibit employers from entering into or attempting to enter into, “a non-compete clause with a worker; maintain with a worker a non-compete clause; or represent to a worker that the worker is subject to a non-compete clause where the employer has no good faith basis to believe that the worker is subject to an enforceable non-compete clause.”.

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IP Watchdog

JULY 6, 2023

The United States Patent and Trademark Office (USPTO) has released an update to its study on multiple Patent Trial and Appeal Board (PTAB) petitions that it says demonstrates that serial and parallel petition practice at the PTAB has been decreasing since 2016, when the Office first issued guidance on the subject. Serial petitions are characterized as petitions filed to challenge the same patent more than 90 days after the initial petition, while parallel petitions are those filed 90 days or few

Reporting 72

Reporting Patent Trademark Invention 72

43(B)log

JULY 5, 2023

Clark v. Eddie Bauer LLC, 371 Or. 177, P.3d -, SC S069438 (Jun. 29, 2023) Under Oregon’s Unlawful Trade Practices Act (UTPA), a person who suffers an “ascertainable loss of money or property” as a result of another person’s violation of the UTPA may maintain a private action against that person. The Ninth Circuit certified to the state supreme court the question whether a consumer can suffer an “ascertainable loss” under the UTPA when she buys items at an outlet store that have been advertised a

False Advertising 72

False Advertising Advertising Advertising Marketing 72

IP Law 360

JULY 7, 2023

The Patent Trial and Appeal Board's decision in Unified Patents v. MemoryWeb was recently vacated in part by U.S. Patent and Trademark Office Director Kathi Vidal, which likely has implications for the disclosure of real parties in interest in future proceedings for both patent challengers and patent owners, says Derrick Carman at Robins Kaplan.

Trademark 75

Trademark Patent 75

Patently-O

JULY 3, 2023

Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri, head of our IP student association, and a registered patent agent. He has an extensive background in chemistry and food science. Medytox, Inc. has appealed a decision made by the Patent Trial and Appeal Board regarding a post-grant review proceeding under the new Pilot Program.

Patent 67

Patent Litigation IP Law 67

Christopher Roser

JULY 4, 2023

Continuously moving assembly lines are commonly found in industry, especially high-volume production. Most final assembly lines in automotive are continuously moving lines, but there are also many more examples in industry. Such lines have many of the same requirements of pulsed or untimed lines, but in a few specific circumstances continuously moving lines can have.

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JD Supra Law

JULY 3, 2023

A June 29, 2023 Supreme Court ruling limits the reach of the Lanham Act to essentially only domestic use of a mark in commerce. The Supreme Court’s opinion in Abitron Austria GmbH v. Hetronic Int’l Inc. overturns a Tenth Circuit decision affirming a $90 million judgment for Hetronic International for trademark infringement based on defendants’ domestic and foreign sales.

Trademark 65

Trademark 65