IP Theft Common in NFT Markets, But No New Laws Required

A government study finds that while IP theft is commonplace in the world of NFTs, existing laws can be applied to protect U.S. copyright, trademark and patent rights. Those are the findings of a study released this month by the U.S. Patent and Trademark Office in conjunction with the U.S. Copyright Office. The 112-page report concludes “existing statutory enforcement mechanisms are currently sufficient to address infringement concerns related to NFT applications, and that changes to intellectual property laws,” or to registration and recordation practices, “are not necessary or advisable at this time.” Continue reading IP Theft Common in NFT Markets, But No New Laws Required

Google Seeks Out Scammers Using Bard to Spread Malware

Google has filed suit in federal district court in California to stop alleged fraudsters from leveraging public interest in artificial intelligence generally and Bard in particular to spread malware. The perpetrators, who are believed to be based in Vietnam, are said to be using Facebook to promote an “unpublished” version of Bard that when downloaded installs password-stealing malware into the host system. The suit claims the scammers are using Google’s trademark-protected intellectual property — including its name and that of Bard, its brand look and colors, and photographs of CEO Sundar Pichai to promote an illegal scheme. Continue reading Google Seeks Out Scammers Using Bard to Spread Malware

FCC Advances ‘U.S. Cyber Trust Mark’ to Foster IoT Security

The Federal Communications Commission has issued a formal Notice of Proposed Rulemaking (NPRM) for the U.S. Cyber Trust Mark labeling program for smart devices announced in July with the Biden administration. The voluntary program to provide certification for baseline cybersecurity standards is designed to help consumers make informed purchase decisions regarding Internet of Things (IoT) products. The FCC, which proposes to own the new Cyber Trust trademark and administer it in conjunction with third parties, is now officially soliciting comments from industries and the public on the scope of the proposed program. Continue reading FCC Advances ‘U.S. Cyber Trust Mark’ to Foster IoT Security

SCOTUS Limits Enforcement of Foreign Trademark Violations

The world was a much smaller place in 1946 when Congress passed the Lanham Act, the legal framework for U.S. trademark protection. Last week, the Supreme Court decided the Lanham Act is applicable almost exclusively to infringement on U.S. soil. Companies that expect to rely on Lanham to protect foreign trademark violations through U.S. lawsuits are well-advised to come up with another plan. Until Congress updates the code. Led by Sonia Sotomayor, four justices said it was appropriate to adopt a broader standard “when there is a likelihood of consumer confusion in the United States.” Continue reading SCOTUS Limits Enforcement of Foreign Trademark Violations

Trendy Beat: TikTok Testing White Label In-App Online Store

TikTok is testing an in-app shopping feature in the UK called Trendy Beat. The products offered for sale are primarily things that have appeared in trending videos, like tools to remove pet hair from clothing or ear wax extractors. The items are shipped from China by Seitu, a Singapore-based subsidiary of TikTok parent ByteDance, according to recent reports. Trendy Beat offers a range of items manufactured and promoted by TikTok for which ByteDance keeps all proceeds. Its preexisting e-commerce pipeline, TikTok Shop, allows third-party vendors to sell merchandise in exchange for a commission to ByteDance. Continue reading Trendy Beat: TikTok Testing White Label In-App Online Store

EU Report Identifies China as Bloc’s Biggest Piracy Problem

The European Commission has come out with a list of countries whose problematic copyright policies pose the biggest threat to EU interests. China is “Priority 1” among nations lacking intellectual property and trademark protections. Categorized as “Priority 2” are India, Indonesia, Russia, Turkey and Ukraine. Less troubling but still problematic are Argentina, Brazil, Ecuador, Malaysia, Nigeria, Saudi Arabia and Thailand, which fall into “Priority 3.” Several reports noted U.S. absence from the list, but the fact that this hotbed of piracy has aggressively implemented website blocking was viewed as mitigating. Continue reading EU Report Identifies China as Bloc’s Biggest Piracy Problem

Legal Questions Loom as OpenAI Widens Access to DALL-E

OpenAI is expanding its beta outreach for DALL-E 2 by inviting an additional one million waitlisted people to join the AI imaging platform over the coming weeks. DALL-E users will receive 50 credits during their first month of use and 15 credits every subsequent month, with each credit redeemable for an original DALL-E-prompted generation (returning four images) or an edit or variation prompt (which returns three images). Additional credits may be purchased in 115-generation increments for $15. Starting this month, users get rights to commercialize their DALL-E images. However, the move highlights the legal implications of AI and possible copyright infringement. Continue reading Legal Questions Loom as OpenAI Widens Access to DALL-E

Facing New Pressure, Huawei Trademarks Own Mobile OS

As the trade war between China and the U.S. escalates, the Trump administration’s order preventing telecoms from using foreign-made hardware that could threaten national security has placed Huawei under increased scrutiny. As a result, a number of major tech companies — including ARM, Broadcom, Intel, Qualcomm and Xilinx — as well as carriers in Japan, Taiwan and the U.K. have stalled business with Huawei. Since Google plans to cut off Android support for new Huawei phones, the Chinese company faces significant trouble in Europe where it historically has been very successful. In response, Huawei is taking matters into its own hands and was granted a trademark last week for a smartphone OS to replace Android. Continue reading Facing New Pressure, Huawei Trademarks Own Mobile OS

China Set to Toughen IP Laws in Pursuit of Tech Dominance

China wants to become the most dominant nation in artificial intelligence, and it’s got three advantages that might help that become a reality. In addition to strong government support, which includes a willingness to share data about its citizens, China also has an immense number of engineers to write software and 751 million Internet users who can test out the work they do. As China seeks to gain market share, President Xi Jinping seeks to strengthen intellectual property laws to give its startups an advantage. Continue reading China Set to Toughen IP Laws in Pursuit of Tech Dominance

YouTube’s Fine Brothers Abandon Plans for ‘React’ Licensing

The Fine Brothers will not be expanding their empire of “React” videos after all, at least not at the expense of fan content creators. The popular comedy duo is reversing its plans to grant licensing to YouTube creators making their own “React” videos after their channel lost 300,000 subscribers in less than a week. Many fans resented the idea of the Fine Brothers’ ownership of an entire genre of videos that has existed long before the brothers’ popular YouTube channel. Continue reading YouTube’s Fine Brothers Abandon Plans for ‘React’ Licensing

MPAA Wins Injunction in MovieTube Suit, But Battle Continues

The owners and operators of the MovieTube websites are in big trouble — whoever they are. The Motion Picture Association of America won a final default judgment, to the tune of $10.5 million, against the sites. But collecting is going to be a problem, since the MPAA has not been able to identify any of the defendants, and no companies have answered the complaint or engaged in any of the proceedings. Google, Yahoo, Facebook and Twitter, however, filed an amicus brief that could trigger subpoenas in the future. Continue reading MPAA Wins Injunction in MovieTube Suit, But Battle Continues

Virtual Reality Tech: Apple Awarded Patent for Mobile Headset

In 2008, Apple filed a patent titled “Head-Mounted Display Apparatus for Retaining a Portable Electronic Device with Display.” Last week, the U.S. Patent and Trademark Office finally approved the patent, which has been compared to the Samsung Gear VR and Google Cardboard. The patent’s blueprints show evidence of a headset with a slot fitting for the iPhone. While Apple reportedly has no immediate VR projects of its own, the recent patent approval signifies the company’s interest in VR technology.  Continue reading Virtual Reality Tech: Apple Awarded Patent for Mobile Headset

Comcast Trademarks ‘True Gig’ High-Speed Internet Service

Comcast applied for a trademark last week for a high-speed Internet service named “True Gig.” The company already offers an expensive high-speed Internet service known as the “Extreme 505” with 505Mbps download speeds, but Comcast plans to eventually launch an even faster gigabit Internet service. The company also wants to use the phrase to describe online video streaming. The company’s previous video streaming service is no longer being offered as a standalone service. Continue reading Comcast Trademarks ‘True Gig’ High-Speed Internet Service

Virtual Reality Helmet Could Redefine In-Flight Entertainment

The United States Patent and Trademark Office granted leading aircraft manufacturer Airbus a patent in August for headrests that include helmets attached to a carrier. The headrests will relieve passenger stress by providing entertainment in addition to “sensorial isolation with regard to the external environment.” They will play immersive multimedia content on glasses with display screens that are capable of “holographic projection mode,” according to the patent. Continue reading Virtual Reality Helmet Could Redefine In-Flight Entertainment

Bar Association Pushes for Change in Online Piracy Legislation

Attorneys with the American Bar Association are advising the government on dealing with online piracy through a 113-page white paper titled “A Call for Action for Online Piracy and Counterfeiting Legislation.” While they suggest many measures similar to SOPA and PIPA, the lawyers also advise against suing the file-sharers because it is usually counterproductive, costing more money than they recover, and it can also be bad PR for the copyright holders.  Continue reading Bar Association Pushes for Change in Online Piracy Legislation