November, 2022

Compulsory Licensing vs. Exclusive Licensing

Dear Rich IP Blog

Dear Rich: I was wondering how compulsory licensing fits with exclusive licensing. In other words, if a song is exclusively licensed for a movie, for example, can someone still license it to record another version?

The Bizarre Copyright Battle Over Supercalifragilisticexpialidocious

Plagiarism Today

For most people, the word Supercalifragilisticexpialidocious has exactly one context, the 1964 film Mary Poppins and the famous hybrid live action/animated scene that it was featured in.

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Britain’s Proposed Approach to Text and Data Mining (TDM) for AI: How Not to do It (A Lesson for Canada and Others).

Hugh Stephens Blog

Last month I wrote about the emerging phenomena of AI-generated art through widely available programs such as DALL-E 2, Stable Diffusion and others, and of the threat they pose to artists, designers, photographers and others who depend on the protection of copyright to earn their livelihood.

Art 207

What Is a Request to Divide a Trademark Application

Erik K Pelton

The USPTO trademark application process has many steps and possibilities, one such step is a “Request to Divide” an application and split it into two separate filings. Listen for more details about when and why an applicant would file a Request to Divide.

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.

“Anna’s Archive” Opens the Door to Z-Library and Other Pirate Libraries

TorrentFreak

When the file-sharing revolution hit the mainstream well over a decade ago, many site operators and users positioned ‘sharing’ as an ideology. This altruistic belief has started to fade in recent years.

More Trending

Dismissing Digital News Outlets: Liberal MP Claims Online News Services Don’t Report News

Michael Geist

Since its introduction last spring, online news outlets have expressed fears that Bill C-18, the Online News Act, will primarily benefit large incumbent news organizations.

The Copyright Challenge with Mastodon

Plagiarism Today

As most people already know, Twitter has had a very tumultuous few weeks. Since Elon Musk purchased the company and made himself CEO, the company has been the subject of a massive layoff, an exodus of employees and a slew of other controversies.

Facebook and Canada’s Online New Act: One More Problem for a Troubled – and Troubling – Company

Hugh Stephens Blog

As Bill C-18, the Online News Act, continues its step-by-step process through the Canadian Parliament, another shoe has dropped.

Tips when Brainstorming New Business and Brand Names

Erik K Pelton

The following is an edited transcript of my video Tips for Brainstorming New Business and Brand Names. It’s not easy to come up with a great name today, nor has it ever been. But it is still possible—especially with these tips—to come up with a name that is bold, unique, and protectable.

‘U.S. Authorities Seize Z-Library Domain Names’

TorrentFreak

Pretty much every book ever written is available online for free and millions are shared through central hubs, commonly known as ‘shadow libraries’. Z-Library is one of the largest shadow libraries on the Internet.

U.S. Copyright Office Backtracks on Registration of Partially AI-Generated Work

IP Watchdog

On October 28, Kristina Kashtanova, an artist and artificial intelligence (AI) consultant and researcher, received notice from the U.S. Copyright Office (USCO) that the registration for the first issue of her partially AI-generated graphic novel, Zarya Of The Dawn, may be canceled.

Misleading Bloomberg Law Post Claims IP Litigation Finance is for Investors, Not Inventors

IP Close Up

Opinions run hot and facts loose when it comes to describing providers of litigation capital, especially if the funds are used in support of plaintiffs Continue reading.

The Problem with Consensual Plagiarism

Plagiarism Today

Earlier today, video game critic and prominent YouTuber James Stephanie Sterling posted a video calling out a marketing firm working for Activision Blizzard in the run-up to the release of Call of Duty: Modern Warfare 2. .

Hallowe’en, Costumes and Copyright

Hugh Stephens Blog

As far as grovelling, abject apologies go, this one would win an Oscar. The author was not just “deeply sorry”, she was devastatingly contrite, spelling out in detail how her organization’s newsletter had used language that she described as “denigrating, racist and very harmful”.

Protecting a Law Firm Brand

Erik K Pelton

Law firms have brands and trademarks too! Erik explains how law firms can protect their firm name and other branding elements, and shares some of the reasons they benefit from trademark registration. The post Protecting a Law Firm Brand appeared first on Erik M Pelton & Associates, PLLC.

Google and Amazon Helped the FBI Identify Z-Library’s Operators

TorrentFreak

A few hours ago, the U.S. Department of Justice unsealed the indictment and complaint against two alleged operators of Z-Library. Following an FBI investigation, the authorities pinpointed Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects.

Supreme Court Grants Two IP Cases, Including Amgen v. Sanofi on Enablement

IP Watchdog

The U.S.

Art 112

That great, free First Amendment thing (Best of 2017)

Likelihood of Confusion

First published July 24, 2017. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

3 Count: Public Telegram

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: T elegram Shares Users Data in Copyright Violation Lawsuit.

Why Bill C-18’s Mandated Payment for Links is a Threat to Freedom of Expression in Canada

Michael Geist

The study into the Online News Act continues this week as the government and Bill C-18 supporters continue to insist that the bill does not involve payment for links. These claims are deceptive and plainly wrong from even a cursory reading of the bill.

Regeneron Files Amicus Brief in Support of CVC and Reversal in Interference No. 106,115*

JD Supra Law

Biotechnology company Regeneron Pharmaceuticals, Inc.

Patent 101

Cyando Kills Uploaded.net Before Copyright Quagmire Drowns It

TorrentFreak

When the U.S. Government shut down Megaupload in 2012, similar platforms were presented with a practical example of what could happen to their businesses too.

US Inventor Arguments for Opposing the Pride in Patent Ownership Act Fall Short on the Merits

IP Watchdog

Last September, a bipartisan pair of Senators introduced the Pride in Patent Ownership Act, which, if passed, would add greatly-needed transparency to our patent system. The legislation would require patent owners to disclose their identity to the U.S.

Think Like a USPTO Trademark Examiner Does

Erik K Pelton

What does an examiner at the USPTO consider when they review a trademark application? And how does it impact drafting and filing an application to register a trademark? Learn more in this episode from former USPTO examiner Erik Pelton.

3 Count: Navy Piracy

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Navy Fined for Acts of Software Piracy.

Creator Spotlight with Author & Photographer Evan Butterfield

Copyright Alliance

This week we’d like to introduce you to author and Photographer Evan Butterfield. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? […].

United Therapeutics Corp. v. Liquidia Technologies, Inc. - Tyvaso® (Treprostinil)

JD Supra Law

Case Name: United Therapeutics Corp. Liquidia Technologies, Inc., 20-755-RGA, 2022 WL 3910252 (D. 31, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Tyvaso® (treprostinil); U.S. Patents Nos. 9,593,066 (“the ’066 patent”) and 10,716,793 (“the ’793 patent”). By: Robins Kaplan LLP

Z-Library’s Tor Network Site Has Also Gone Offline

TorrentFreak

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S.

USPTO, Copyright Office Joint Study on NFTs Could Help Dispel Confusion About IP Ownership in Media Content Underlying Digital Assets

IP Watchdog

On November 23, the U.S. Patent and Trademark Office (USPTO) and the U.S.

The Benefits of Trademark Monitoring

Erik K Pelton

The following is an edited transcript of my video The Benefits of Trademark Monitoring. Trademark monitoring is a tremendous tool in the toolkit for brand owners.

Why Impersonation is Difficult to Stop

Plagiarism Today

Many years ago, I had a minor issue with impersonation. Someone on Twitter, likely a bot, was using my profile picture and a similar-ish name to sell “essay writing” services. I caught it quickly thanks to their use of hashtags I track.

Independence Lost: Why Bill C-18 Undermines An Independent Press Even as It Purports to Protect It

Michael Geist

Last week, I appeared before the Standing Committee on Canadian Heritage as part of the last panel of witnesses on Bill C-18, the Online News Act.

Vifor Fresenius Medical Care Renal Pharma Ltd. v. Teva Pharms. USA, Inc.

JD Supra Law

Case Name: Vifor Fresenius Medical Care Renal Pharma Ltd. Teva Pharms. USA, Inc., 18-390 (MN), 2022 WL 3562555 (D. 18, 2022) (Noreika, J.) Drug Product and Patent(s)-in-Suit: Velphoro® (sucroferric oxyhydroxide); U.S. Patent No. 9,561,251 (“the ’251 patent”). By: Robins Kaplan LLP