January, 2022

Crypto Group Buys Dune Book, Confuses it for Buying the Rights

Plagiarism Today

On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune.

We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A

Erik K Pelton

We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) !


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Winnie the Pooh, the Public Domain and Winnie’s Canadian Connection

Hugh Stephens Blog

On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States.

USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response

Intellectual Property Law Blog

Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program.

Google Drive Flags Text Files With “1” or “0” As Copyright Infringements


The entire digital world is made up of binary code, often 1’s and 0’s. When you piece enough of them together, beautiful things can be created. By themselves, these two numbers are not that impressive. However, Google Drive appears to see them as a threat of sorts.

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.

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.

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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.

Songwriter Needs Help: GoFundMe Fundraiser for Hugh Prestwood and Judy Ahrens–ArtistRightsWatch

The Trichordist

Hugh Prestwood and Judy Ahrens' story highlights the cruelty of the Copyright Royalty Board's frozen mechanicals policy and the failure of leadership by music publishers.

Music 104

10 Years Ago the Feds Shut Down Megaupload


At the end of 2011, Kim Dotcom dropped the “ Megaupload Song.” ” The track, a blatant promotional piece for the file-sharing site, featured top artists such P Diddy, Will.i.am, Alicia Keys, Snoop Dogg, and Kanye West.

Music 113

2021 Emoji Law Year-in-Review

Technology & Marketing Law Blog

A recap of emoji law developments in 2021: Court References. I maintain a dataset of US court opinions that reference emojis and emoticons. I have compiled the dataset using keyword alerts in Westlaw and Lexis, supplemented by a few opinions I’ve found other ways.

Law 106

The Best Starting Place for People New to Copyright

Plagiarism Today

If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple.

EMP&A comments on USPTO’s transition to issue electronic trademark registration certificates

Erik K Pelton

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy).

Will the Content Tail Wag the Wireless Dog? The Rogers/Shaw Merger in Canada?

Hugh Stephens Blog

Nowadays it is not uncommon for major telecommunications companies (telcos) to provide infrastructure in the form of wireless, wireline and fibre optic, cable and satellite connectivity while also directly controlling some of the content distributed via this infrastructure.


Update on Artificial Intelligence as a Patent Inventor

JD Supra Law

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues surrounding AI and its implications for life sciences innovations.

Adblocking Does Not Constitute Copyright Infringement, Court Rules


In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools.

Court Quashes 512(h) Subpoena Submitted to YouTube–Watch Tower v. Kevin McFree

Technology & Marketing Law Blog

A “lapsed” Jehovah’s Witnesses member, using the alias “ Kevin McFree ,” posted YouTube videos using stop-animation of Lego figurines to criticize the Jehovah’s Witnesses.

5 Copyright Stories to Watch in 2022

Plagiarism Today

A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways.

What does it say if you file a trademark application without an attorney?

Erik K Pelton

It says a lot if you file a trademark application without counsel. And it is in the public record for everyone to see.

If China Joined the CPTPP, what would this mean for Copyright Industries?

Hugh Stephens Blog

China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP).

Federal Circuit Review December 2021

JD Supra Law

Ranges for Interdependent and Interactive Components Can Be Tricky to Derive - In Modernatx, Inc. Arbutus Biopharma Corporation, Appeal No.

Art 101

The EU Wants Its Own DNS Resolver that Can Block ‘Unlawful’ Traffic


The Domain Name System has been an essential component of the Internet since the mid-eighties. DNS resolvers make it possible to map a human-readable domain name to an IP-address, so a website or service can be easily located. Older people also call it the Internet’s phone book.

Bombay HC Clarifies the Contours of Copyright Infringement and Confidentiality Law


Image of folder tag with text “confidential” Image from here. The Bombay High Court in Tarun Wadhwa v.

The Canon Printer DRM Jam

Plagiarism Today

Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one.

Building a Bold Brand Wheel: 8 Types of Bold Brand Names

Erik K Pelton

Erik breaks down the various categories of bold brand names and explains how they can help create a strong brand and more protected business. For more trademark tips, visit www.buildingaboldbrand.com.

Top 10 Patent Cases: 1891 to 1951


by Dennis Crouch. Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases.

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.

Browser Extension Adds Sci-Hub Download Links to Publishers’ Websites


Given its reputation for tearing down paywalls to deliver knowledge and enlightenment to academics, students and researchers, Sci-Hub remains one of the internet’s most valuable data resources.

A Look Back at India’s Top IP Developments of 2021


Cup of coffee, pen and notepad on wooden background. Top view. Image from here. Here’s wishing all our readers a very happy, safe, and healthy new year!

Ruth Shalit Barrett Sues The Atlantic for $1 Million Over Retraction

Plagiarism Today

On Friday of last week, Rush Shalit Barrett filed a lawsuit against The Atlantic , seeking some $1 million in damages after, she claims, a retraction of an article she wrote “destroyed her reputation and career.”

Catching Up on Recent FOSTA Developments (None of Them Good)

Technology & Marketing Law Blog

The number #1 question I get whenever I discuss FOSTA with folks who aren’t familiar with it: did Congress know what it was doing? Well, the answer is complicated.

Supreme Court Patent Decisions


by Dennis Crouch. The chart below shows the number of Supreme Court patent decisions broken-up by decade. The ramp-up in the late 1800s is tied to the “second industrial revolution” in the US. The drop in cases after 1890 is largely procedural.

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.

“Popcorn Time” Shuts Down Due to a Lack of Use


When the original Popcorn Time application launched eight years ago, we billed it as the “ Netflix for Pirates.” ” The software offered a clean and easy-to-use interface to stream pirated movies and TV shows, all powered by BitTorrent. Rivaling Hollywood and Netflix.

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar


Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021.

3 Count: Frequent Flyer

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: American Airlines Suing The Points Guy Over App That Syncs Frequent Flyer Data.

4 AI Trends We’ll See in 2022


AI is a rapidly changing technology with the potential to impact both business and everyday life. In 2022, AI will continue to advance. Algorithms will be based on larger data. The post 4 AI Trends We’ll See in 2022 appeared first on IP.com - IP Innovation and Analytics. Artificial Intelligence