Plagiarism Today
SEPTEMBER 14, 2021
Building a new website is literally easier than it’s ever been. There are countless services that will help you get started and a never-ending slew of tools to help you get your business or personal endeavor online. However, that’s not to say that there is no work. One still needs to make the site look attractive, fill it with useful content, and then maintain/update the site moving forward.
Hugh Stephens Blog
SEPTEMBER 20, 2021
Some readers may recall two blogposts (Mural, Mural on the Wall and Were They Commissioned, One and All?) that I wrote a couple of years ago about muralist Michelle Loughery and her copyright dispute with the Merritt Walk of Stars Society. The disagreement was over who held the copyright to a series of murals that … Continue reading "Michelle’s Country Music Murals: An Update?
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Intellectual Property Law Blog
SEPTEMBER 1, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%.
Erik K Pelton
SEPTEMBER 27, 2021
I recently co-wrote and article with Olivia Muller about the never ending threat of trademark scams. In the article we detail the scams and how they operate and what they look like, we discuss what is being done about them, and we propose some additional measures that could help defeat them. “Such scams can potentially cause businesses to waste thousands of dollars, which can be financially fatal for smaller operations.
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?
IP Watchdog
SEPTEMBER 29, 2021
The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.
TorrentFreak
SEPTEMBER 28, 2021
Over the past several years, Russia has introduced various anti-piracy laws and regulations. Pirate sites can be blocked through court orders, app stores have to take strict action against ‘pirate’ apps , search engines must swiftly block pirate sites, and even VPN services and proxies can be banned. The measures go far beyond what we see in most other countries but, according to US copyright holders, these still don’t go far enough.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Hugh Stephens Blog
SEPTEMBER 14, 2021
My wife was flexing her wrist, extending her forefinger and manipulating her thumb, following the instructions on the sheet in front of her that the physiotherapist had provided. She (my wife that is) had broken her wrist a few weeks earlier, in an unfortunate fall. With neither of us having ever broken a bone before, … Continue reading "Some Reflections on What Can—and Cannot—Be Protected by Copyright?
Intellectual Property Law Blog
SEPTEMBER 8, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%.
Erik K Pelton
SEPTEMBER 30, 2021
The following is an edited transcript of my video, Is Your Brand Seaworthy? Is your brand seaworthy? You’ll see what I’m talking about with my comparison of trademark and brand protection to a strong ship navigating the ocean waters. To be seaworthy is important for a boat miles from shore in deep waters, with wind and waves and who knows what underneath it, whales, dolphins, other creatures.
Technology & Marketing Law Blog
SEPTEMBER 20, 2021
There are dozens of federal lawsuits captioned “ Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto. ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” My declaration lays out how I reached my conclusion.
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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.
TorrentFreak
SEPTEMBER 24, 2021
One of the core pillars of academic research is sharing. By letting other researchers know what you do, ideas are criticized, improved upon, and extended. Unfortunately, it’s not always easy for academics to share their work. Most of the top publications are monetized by major publishers, which means that they are locked behind a paywall. To make their work easier to access, many researchers place copies of their work on their personal profiles, often hosted by their university.
Plagiarism Today
SEPTEMBER 27, 2021
In September last year, UK comedian Kae Kurd took to the stage on Jonathan Ross’ Comedy Club to perform a short routine in front of a national audience. As part of that routine , Kurd told a joke about a smart refrigerator that was texting and annoying him while he was out with his friends. That particular joke caught the attention of another UK comedian, Darius Davies, who felt that the joke was very similar to his work.
IP Watchdog
SEPTEMBER 9, 2021
The U.S. Department of Commerce announced today that it has established a National Artificial Intelligence (AI) Advisory Committee that will advise the President and other federal agencies on issues surrounding AI. The Committee will work with the existing National AI Initiative Office (NAIIO) in the White House Office of Science and Technology Policy (OSTP).
Intellectual Property Law Blog
SEPTEMBER 20, 2021
At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed. In the attached article , we examine some of the differences between these types of marketplaces and business models, highlight some of the varying license terms of these marketplaces and discuss why IP owners who license their IP
Erik K Pelton
SEPTEMBER 23, 2021
Tricks of the trade(mark)® is my podcast on branding and trademark topics. You can listen to episodes (be sure to subscribe!) here: Web. Apple iTunes. Spotify. The post Anatomy of a podcast brand: Trick of the trade(mark) appeared first on Erik M Pelton & Associates, PLLC.
Technology & Marketing Law Blog
SEPTEMBER 5, 2021
photo by Anik Shrestha, [link]. Malwarebytes and Enigma offer competitive anti-threat software. Malwarebytes classified Enigma’s software as a “potentially unwanted program,” or PUP, and quarantined the programs. Enigma sued Malwarebytes for that classification/quarantine. Initially, the district court dismissed the case on Section 230(c)(2)(B) grounds.
TorrentFreak
SEPTEMBER 21, 2021
Founded in 2006, RLSLOG.net was one of the pioneers of the ‘release blog’ format. When it first launched, visitors were able to read about the latest pirate releases, who had placed them online and, importantly, what the files were called. Unlike so-called ‘pre databases’ that displayed only raw information, new releases on RLSLOG were presented in an article format with comments on the quality, source (such as DVDSCR or the now largely defunct Telecine), runtime, IMDB rating and for
Plagiarism Today
SEPTEMBER 20, 2021
As more and more schools and private companies begin using automated plagiarism detection tools, it’s becoming increasingly common for students, authors and journalists to run plagiarism detection software on their work. In fact, many schools are actually encouraging this behavior and giving students access to the same tools they use. The goal of this is to verify that the work is at least largely free of issues and that the author didn’t make any mistakes when penning their latest p
SpicyIP
SEPTEMBER 18, 2021
We’re pleased to inform you that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine ” on September 22, 2021. For further details, please see the announcement below: Trade Secret and Access to Medicine.
The Trichordist
SEPTEMBER 28, 2021
For seven months, The MLC has sat on $424 Million of songwriters' money. Songwriters ask, "Where's My Money?".
Erik K Pelton
SEPTEMBER 20, 2021
The following is a transcript of my video, How to Monitor for Infringements. In the past, I’ve talked about some of the ways to keep a trademark strong over time, and some of the things that brand owners must do with their trademarks even after they’re registered. One of those important tips is to monitor for infringements. I want to talk today about how you go about monitoring for infringements, and you’ll see that it doesn’t have to cost a lot of money and it’s an
Technology & Marketing Law Blog
SEPTEMBER 28, 2021
[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a reasonable time before the hearing, so that we can properly analyze them on a non-rush basis, and clearly marked as the discussion version so that we’re not confused by which version is actually the current text.].
TorrentFreak
SEPTEMBER 30, 2021
In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements. Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., but in recent years this activity ground to a halt.
Plagiarism Today
SEPTEMBER 15, 2021
Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. The lawsuit specifically targets Chegg Study, a subscription service of Chegg that, according to Pearson, makes up the majority of the site’s $644 million in revenue.
Copyright Alliance
SEPTEMBER 2, 2021
The Electronic Frontier Foundation (EFF) has received another defeat in its long-running lawsuit challenging the constitutionality under the First Amendment of the anti-circumvention and anti-trafficking provisions of section 1201 of […]. The post EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act appeared first on Copyright Alliance.
WIPO Magazine
SEPTEMBER 28, 2021
In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.
Erik K Pelton
SEPTEMBER 16, 2021
sofTMware® : a free tool for monitoring the status of trademark applications and registrations. For more about sofTMware®, visit www.softmware.com. The post sofTMware® : a free tool for monitoring the status of trademark applications and registrations appeared first on Erik M Pelton & Associates, PLLC.
Technology & Marketing Law Blog
SEPTEMBER 23, 2021
The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. This creates the foundation for a possible Supreme Court review of this issue.
TorrentFreak
SEPTEMBER 20, 2021
The American copyright industry generates billions of dollars in annual revenue and is generally seen as one of the primary export products. Whether it’s movies, music, software or other goods, US companies are among the market leaders. US companies also have a clear presence in China which, with more than a billion potential consumers, is a massive market.
Plagiarism Today
SEPTEMBER 28, 2021
From PokerPaint Websote. On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. The site, at that time, was fairly well known in the poker community. Famous for its expressionist renderings of various poker players, the site and its artist, Brett Butz, sold not only completed works but offered commissioned pieces that were popular among poker players.
IP Watchdog
SEPTEMBER 21, 2021
Earlier today, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, introduced a pair of bipartisan bills that the Senators say are aimed at improving the participation Americans from all backgrounds in the patent system and ensuring that the public knows the true owners of patents.
JD Supra Law
SEPTEMBER 17, 2021
Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Traditional auction houses have already started leveraging the technology, with one piece of digital artwork being sold for $69 million on Christie’s, and a visualization of the source code for the internet being sold for $5 million on Sotheby’s.
Erik K Pelton
SEPTEMBER 13, 2021
The following is a transcript of my video Improving the Odds for Your Trademark Application. I get asked a very challenging question all the time “What are the chances do you think this will get through, this will get approved, when we apply for a trademark at the Patent and Trademark Office?” I can not make any promises, I can not make any predictions, because there is so much gray area in the field of trademarks, and sometimes there are unknowns that we may not know when we’r
SpicyIP
SEPTEMBER 1, 2021
We’re pleased to bring to you this guest post by our former and one of the most prolific bloggers, Prashant Reddy. The End of the IPAB and Lessons on Concentration of Judicial Powers. Prashant Reddy. An image saying ‘Every end is a New Beginning’ (image from here ). India’s much troubled Intellectual Property Appellate Board (IPAB) was officially buried on August 14, 2021 when the President of India gave his assent to the Tribunals Reforms Act, 2021 enacted by Parliament.
TorrentFreak
SEPTEMBER 13, 2021
Pirated copies of movies leak all year round, usually after they come out on streaming services or through digital release. That by itself is nothing special. Screener releases are a notable exception to this rule. These are advance copies of recent movies that are generally sent out to critics and awards voters. The screeners are supposed to remain private but every year a few end up in the hands of pirates.
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