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Luxembourg’s Prime Minister, Xavier Bettel, announced that he is voluntarily surrendering his 1999 DEA from the University of Lorraine in France. The move follows allegations in October that his 1998 thesis , written to obtain the degree, was heavily plagiarized. According to reports, of the 56 pages only two were free of plagiarized content, the introduction and conclusion, and one 20-page section was lifted wholly from the European Parliament website.
On January 1, 2022, a new law entered into force in the state of Maryland requiring that authors and publishers holding the rights to an e-book title must offer unlimited copies of that title to public libraries in the state at an undetermined “reasonable price” if and when the title is offered to individual consumers. … Continue reading "Books, e-Books, Authors, Publishers and Libraries: A Complex Relationship?
The following is an edited transcript of my video What Happens When Appealing a Trademark Refusal to the TTAB. The Trademark Trial and Appeal Board, or TTAB, is a panel of judges that can decide cases on appeal. They also can decide certain types of disputes, oppositions or cancellations, but we’re going to talk about appeals. Every year there are several hundred–maybe even several thousand–appeals filed before the trademark trial and appeal board.
In its recent decision in Caltech v. Broadcom Limited, et al , [1] the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR] petition.” (emphasis added). In its decision, the court overruled Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. , [2] which previously explained the meaning of “during an IPR” when analyzing the scope of IPR estoppel.
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?
From the day the first computer and video games were published, people have been able to pirate them. In the early days that involved copying cassettes and floppy disks and today most unauthorized copying takes place over the Internet. Over the past decades, a subset of gaming fans have united in Scene groups to ensure a steady stream of cracked games, i.e those that have had their protections removed.
The court summarizes the case: Cub Club Investment created an app that allowed people to send racially diverse emoji. According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. Both emoji sets obviously riff on the same theme, but that type of overlap is impossible to avoid in the emoji context.
A recent article on Retraction Watch tells the story of Svein Åge K. Johnsen and Ingeborg Olsdatter Busterud Flagstad, two researchers from the Inland Norway University of Applied Sciences. For over a year, the pair have been trying to publish a paper about green entrepreneurship, focusing on “small-scale Norwegian manufacturing companies.” In January 2021, the pair submitted it to the International Small Business Journal , a SAGE journal.
A recent article on Retraction Watch tells the story of Svein Åge K. Johnsen and Ingeborg Olsdatter Busterud Flagstad, two researchers from the Inland Norway University of Applied Sciences. For over a year, the pair have been trying to publish a paper about green entrepreneurship, focusing on “small-scale Norwegian manufacturing companies.” In January 2021, the pair submitted it to the International Small Business Journal , a SAGE journal.
Non-profits benefit from trademark protection too, it is vital for them as it is for any other business. For more, see. More Peltonisms® at [link]. The post Trademark protection for non-profits appeared first on Erik M Pelton & Associates, PLLC.
By now you’ve probably heard of the website HitPiece.com and their outrageous scheme to mint a “NFTs” of virtually every song and album in existence. If you… Read more "HITPIECE NFT RIPOFF: What you need to know and what can you do about it.".
By providing a massive library of scientific and academic publications for free, Sci-Hub and Libgen have achieved a somewhat unique status in the ‘pirate’ market. On the one hand, the platforms freely spread knowledge and education, two of the most valuable commodities for those seeking a more enlightened and progressive global community.
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.
In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S. Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Established by regulation in 1995, the Review Board is responsible for hearing final administrative appeals following two opportunities for a claimant to appeal copyright r
Yesterday, Alice Nuttall published a piece on Book Riot that asks a simple question: Why is publishing plagiarism still possible? It’s a simple enough question. In an age with plagiarism-detection software widely available, heightened awareness about the issue and a seemingly-regular pattern of plagiarism scandals impacting publishers, why are so few working to prevent the problem in advance?
by Dennis Crouch. WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. applicants easier access to the U.S. market. This week, China announced that it is also joining the system.
The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. I don’t know where the phrase “ the sum is greater than the parts ” came from, but I do know that it has many applications. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.
Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, they didn’t give up! The Edible team had the brilliant idea of suing Google for “theft of personal property” and “conversion,” where the stolen/converted asset was the trademark.
There’s a market for pretty much anything digital today and ‘collectables’ in particular sell like hot cakes. The non-fungible token (NFT) rage shows that people are willing to pay vast amounts of money for a digital gimmick, that may or may not retain its value. These digital entries, stored on a blockchain, allow the buyers to prove that they are legitimate ‘owners’ to some underlying asset.
Canadian Heritage Minister Pablo Rodriguez introduced the much-anticipated sequel to Bill C-10 yesterday. The minister and his department insisted that the new Bill C-11 addressed the concerns raised with Bill C-10 and that Canadians could be assured that regulating user generated content is off the table. Unfortunately, that simply isn’t the case.
Promotional Photo by FoundationCartier featurning Damien Hirst’s Cherry Blossom Paintings. In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms. For Hirst, this was a major moment in his career and one that he took a great deal of pride in. However, last week, another UK-based artist, Joe Machine, came forward to accuse Hirst of ripping off his earlier works.
In this episode, I talk to artists’ rights activists Neil Turkewitz and David Lowery about the scope and nature of fraud in the NFT trade–and why NFTs are yet another false promise to help independent artists in the digital age. Read Neil Turkewitz’s interview with artist bor, a member of the activist group @NFTTheft, and […].
The following is a transcript of my video The Time I Got a Negative Review. Our topic : the only time I’ve received a negative review online. And it’s still up there. I have not contested, or taken it down, because it is true that this client did not receive approval for their trademark application. Because many filers of trademark applications do not receive approval from the USPTO.
This is another lawsuit by anti-vaxxers. The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. YouTube and Facebook each repeatedly blocked ICAN’s content items before yanking ICAN’s accounts. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.
Hacking group Team-Xecuter has long been a thorn in the side of major gaming companies. The group offered hardware and software solutions that allowed people to install and play games – including pirated copies – on various consoles such as the popular Nintendo Switch. Nintendo had been trying to shut down the group for years but without much result.
Today, the United States Supreme Court handed down what will likely be one of the most important copyright verdicts in some time as it ruled 6-3 in favor of Unicolors in their long-running dispute against H&M. The dispute centers around a series of alleged infringements by H&M. According to the lawsuit, Unicolors created and registered a copyright in a pattern that H&M used when creating multiple products.
by Dennis Crouch. Gabara v. Facebook, Inc. (Supreme Court 2022). Thad Gabara is a former Bell Labs engineer and is a prolific inventor with 100+ patents in his name. Along the way, Gabara also became a patent agent and personally prosecuted many of his recent patents, including the Sliding Window patents asserted here. U.S. Patent Nos. 8,930,131; 8,620,545; 8,836,698; 8,706,400 ; and 9,299,348.
Even if there have been some measures to stop, punish, and prevent scammers preying on trademark filers at the USPTO over the last year, it is not enough. More must be done. I get multiple calls, emails, and comments on blog posts asking about the trademark scams every week. Over the last year, the most popular page on my website is about the WTP scam.
As we enter the second month of 2022, the old saying, “If at first you don’t succeed, try, try again” and the famous line, “I’m not dead,” from Monty Python and the Holy Grail, come to mind to describe two issues we’ll be watching closely this year relating to litigation involving small and large molecule therapies. In the first instance, Amgen recently petitioned the Supreme Court to review the Federal Circuit’s affirmance invalidating several patent claims based on the lack of enablement for g
Hacking group Team-Xecuter was a thorn in the side of major gaming companies for many years. The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Team-Xecuter Prosecution. For many years Nintendo attempted to stop the group but failed to do so.
This Kat dreams (or has nightmares) of anti-suit injunctions The EU is eager to promote innovation and growth in a digital age, but whose? This is the question one might reasonably ask on learning of the EU's launch of a complaint at the WTO against China last Friday, 18 February 2022. The substance of the complaint is the allegation that Chinese courts are obstacles to European companies' legitimate enforcement of telecom patents on technologies such as 3G, 4G, and 5G through the use of anti-su
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Warner Music, Country Star Dwight Yoakam Settle Copyrights Dispute. First off today, Blake Brittain at Reuters reports that country music singer Dwight Yoakam has reached a settlement with Warner Music Group (WMG) that puts an end to their copyright termination battle.
Guest post by Professors Sarah Burstein (University of Oklahoma) and Saurabh Vishnubhakat (Texas A&M University). In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected.
Even as the USPTO takes new measures that may help in combatting scammers, trademark scams are everywhere. If you’ve received questionable mail about your trademark that was filed with the USPTO, there is a real possibility that it is a scam. We’ve created a special decision tree tool to help review whether mail or email received is a trademark scam or not.
Earlier this week, the USPTO released a report canvassing the current state of 5G technology attempting to “attain an informed understanding of the global competitiveness and economic vulnerabilities of United States 5G manufacturers and suppliers.” At the outset, the report noted that many other studies have been done to identify market leaders but have come to differing conclusions.
When it comes to civil anti-piracy enforcement, BREIN is without a doubt one of the best-known players in the industry. The group, which receives support from Hollywood and other content industries, has shuttered hundreds of sites and services in recent history. BREIN has also targeted several prolific BitTorrent uploaders over the years, with success.
UPDATE : On Feb. 22, 2022, the Federal Circuit issued an errata to the original decision clarifying that the IPR estoppel only applies to challenged claims. The corrected language reads, in relevant part, that “estoppel applies […] to all grounds not stated in the petition but which reasonably could have been asserted against the claims included in the petition.
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