Plagiarism Today
MARCH 3, 2022
Last week, Retraction Watch published a guest post by Steve Haake , a professor of sports engineering at Sheffield Hallam University in the UK. In it, he tells the story of a retraction that was literally more than a decade in the making. The retraction was of a letter written by Paul McCrory and published by the British Journal of Sports Medicine (BJSM) in 2005.
Erik K Pelton
MARCH 14, 2022
The following is an edited transcript of my video Most Valuable Trademark Features of the USPTO Website. Did you know that the U.S. Patent and Trademark Office has a very robust website that has tons of useful information? In fact, it has so much useful information that it can be overwhelming at times, and that’s even for someone who uses it frequently and is very knowledgeable about all the ins and outs of trademarks.
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Hugh Stephens Blog
MARCH 3, 2022
When it comes to online safety—or its flip side, online harms—many countries are grappling with the problem. What is the role of government in establishing guidelines and regulations for the protection of citizens, particularly vulnerable segments of the population, from a range of harms perpetrated by anti-social and even criminal elements via the internet?
Intellectual Property Law Blog
MARCH 9, 2022
In Nippon Shinyaku v. Sarepta Therapeutics, the Federal Circuit held that a forum selection clause specifying that patent infringement or invalidity actions shall be filed in federal district court in Delaware made clear that any validity challenge was required to be brought in that court and that Sarepta’s IPR petitions filed with the Patent Trial and Appeal (“the Board”) contravened the plain language of the forum selection clause.
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?
TorrentFreak
MARCH 31, 2022
Russia’s invasion of Ukraine has been going on for more than a month. It isn’t going to plan. In parallel with the terrible images being shared around the world, Russia is using its infamous site-blocking systems to deny access to websites that dare to challenge the Kremlin’s narrative of Putin’s ‘Special Operation’ Telecoms regulator Roscomnadzor is working harder than ever to maintain its blockades against everything from Google News, Twitter, Facebook, and
Michael Geist
MARCH 3, 2022
Last month, I appeared before the Senate Standing Committee on Legal and Constitutional Affairs to discuss Bill S-210, a bill that aims to limit minors’ access to pornography sites by implementing age verification and website blocking requirements. I warned that face recognition technologies, which are often used for age verification, raise serious privacy risks and that website blocking would have negative consequences for freedom of expression.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
MARCH 27, 2022
Tonight in the men’s Elite Eight ® of the NCAA ® March Madness ® basketball tournament, many will be rooting for the underdog, the St. Peter’s Peacocks, against one of the powerhouses of basketball, the University of North Carolina Tar Heels. This isn’t just David vs Goliath on the court, but in trademark protection. The University of North Carolina system owns more than 100 trademark registrations and applications, and UNC at Chapel Hill owns more than 20 registrations.
Hugh Stephens Blog
MARCH 16, 2022
Earlier this month I wrote about online safety legislation and noted how Canada is following Australia’s lead in developing a regime that would, among other things, create a Digital Safety Commissioner (called the eSafety Commissioner in Australia), as well as imposing requirements on internet platforms to monitor for, and expeditiously take down, certain types of … Continue reading "Requiring Digital Platforms to Pay for Using News Content: Canada Follows Australia’s Lead—But Not Precisel
Technology & Marketing Law Blog
MARCH 21, 2022
Twitter suspended Huber pursuant to its COVID misinformation policy. Huber claimed that Twitter took that action in league with the Biden administration. If this setup sounds familiar, that’s because at least a dozen cases riff on this theme. This case had two minor twists. First, this wasn’t a typical pro se suit; actual licensed lawyers were involved.
TorrentFreak
MARCH 30, 2022
A few years ago piracy-related lawsuits were pretty straightforward. Copyright holders would either sue alleged file-sharers or the operators of pirate sites. More recently, we have seen a new breed of lawsuits filed on behalf of the makers of movies such as “Angel Has Fallen”, “Dallas Buyer’s Club”, “Hellboy” and “Rambo V: Last Blood” These lawsuits target VPN providers, which are generally seen as third-party intermediaries.
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SpicyIP
MARCH 3, 2022
In the discussions around IP, trade and innovation, it has often been pointed out that least developed countries and developing countries are frequently the net importers of technologies, while the developed countries tend to be net exporters of technologies. This is a point that is especially relevant when discussing the problems with ‘one-size-fits-all’ approaches to globally harmonized IP regimes (see for example, this post on a Report on Patent Exclusions ).
Plagiarism Today
MARCH 21, 2022
On Friday, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the “Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 , better known as the SMART Copyright Act. The act aims to reform the relationship between online service providers and content creators by promoting the use of “standard technological measures” that would, theoretically, help prevent infringing material from being reuploaded to the service after it is removed.
Erik K Pelton
MARCH 7, 2022
The following is an edited transcript of my video Key Trademark Search Terms. I recently saw an ad for a new children’s play activity center that opened just down the street from our office, and the ad had one of those giant ball pits that kids are either jumping into or going off a slide to land in. This set off an alert in my brain, because I had been looking for the perfect metaphor to describe the different types of trademark searches and the language around them.
Hugh Stephens Blog
MARCH 27, 2022
Recently the US Copyright Office (USCO) reaffirmed its longstanding position that human authorship is a pre-condition for recognition of copyright, despite being pushed hard by a particular protagonist within the tech community to accept artificial intelligence (AI) in the form of a machine (NB his machine) or software as a creator with rights.
Technology & Marketing Law Blog
MARCH 8, 2022
[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). This complements a separate letter sent by 38 organizations and companies also opposing the SHOP SAFE Act. I explain my concerns with the SHOP SAFE Act in excruciating detail in this blog post from last year.
TorrentFreak
MARCH 23, 2022
After Russia invaded Ukraine on February 24, 2022, it became clear that the conflict would result in devastating loss of life with implications for the whole planet. As countries around the world implemented the broadest sanctions regime in history against Russia, entire nations and their industries prepared for the aftershocks and entertainment was no exception.
IP Watchdog
MARCH 7, 2022
On March 2, amicus briefs were presented to the U.S. Supreme Court in support of petitioner Universal Secure Registry’s (USR’s) appeal from the U.S. Court of Appeal for the Federal Circuit (CAFC), which challenges that court’s application of the Alice/Mayo framework on Section 101 subject matter patent eligibility in invalidating patent claims owned by USR.
Plagiarism Today
MARCH 31, 2022
Earlier this month, the Russian government began taking steps to broadly legalize the piracy of all content from countries that were sanctioning it. This movie initially began with patents and business software, but has been reportedly expanded to include all types of copyright-protected content. ( Note: There are conflicting reports on whether this has already been signed into law or is just being considered.
Erik K Pelton
MARCH 16, 2022
Erik’s new cheat sheet lists the key steps a new brand should take to get started on a strong legal trademark foundation. For more, see [link]. The post Brand Protection Cheat Sheet appeared first on Erik M Pelton & Associates, PLLC. Erik’s new cheat sheet lists the key steps a new brand should take to get started on a strong legal trademark foundation.
The IPKat
MARCH 8, 2022
Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. In Denmark, the challenge facing designers and artists in enforcing their rights against infringement has been an area of concern for at least the past two decades, here. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.
Technology & Marketing Law Blog
MARCH 14, 2022
by guest blogger Kieran McCarthy. I have a friend who is a professor of literature. He once joined a book club with other professors of literature dedicated to analyzing James Joyce’s notoriously opaque classic, Finnegan’s Wake. They met weekly and combed through the book line by line, trying to make sense of all the dense metaphors and obscure references.
TorrentFreak
MARCH 18, 2022
At TorrentFreak we do our best to keep readers updated on the latest copyright and piracy news, highlighting issues from different points of view. We report on the opinions and efforts of copyright holders when it comes to online piracy and have active dialogues with anti-piracy outfits. At the same time, we also make room for those who oppose them.
IP Watchdog
MARCH 31, 2022
The National Institutes of Health (NIH) is at legal odds with Moderna, claiming that Moderna neglected to add three NIH scientists to Moderna’s patent application on a principal COVID-19 vaccine. If a court ends up siding with NIH, it would co-own any issued patents on the technology, which could prove to be quite valuable; in 2021, Moderna’s vaccine sales were forecasted to be in the range of $15 billion and $18 billion.
Plagiarism Today
MARCH 22, 2022
Yesterday, an article by Clark Kauffman at the Iowa Capital Dispatch , looked at the case of Gayle Pohl, a tenured professor of public relations at the University of Northern Iowa (UNI). . Pohl is suing her school claiming it unfairly disciplined her over allegations of plagiarism and that the process the school used to reach its conclusions was full of bias against her.
Erik K Pelton
MARCH 25, 2022
The risks can be very significant. Searching provides the applicant with knowledge, data, and therefore impacts strategies and decisions. The failure to search for potential conflicts can be fatal to an application. More about searching trademarks: The post What is the risk of not properly searching before filing a trademark application? appeared first on Erik M Pelton & Associates, PLLC.
Patently-O
MARCH 12, 2022
by Dennis Crouch. I recently posted a chart showing that there is a significant difference in technology focus of patents tied to US-Inventors as compared with Non-US-inventors. The following chart looks at the file histories of U.S. patents and asks what percentage received a rejection prior to issuance (blue) and what percentage received a Section 101 rejection prior to issuance (issued patents 2015-2020).
Technology & Marketing Law Blog
MARCH 24, 2022
This case involves Daystar TV Network, “an evangelical Christian-based television network.” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. Vimeo’s AUP banned content that “makes false or misleading claims about vaccination safety.” Vimeo flagged, and ultimately deleted, 5 Daystar videos that claimed “a causal link between vaccines and childhood autism.R
TorrentFreak
MARCH 19, 2022
Since 2017, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, has filed more than 70 DMCA subpoena applications in the United States. When taken at face value, they all tell a straightforward story. Someone on the internet has breached Watch Tower’s copyrights and, as a result, their true names and addresses should be handed over so that the group can seek remedy for infringement.
The Trichordist
MARCH 12, 2022
By Chris Castle [This post first appeared on MusicTechSolutions.] [This post is Part 2 of a three part post on Spotify’s ESG Fail, and is an extension… Read more "Spotify’s ESG Fail: Social".
Plagiarism Today
MARCH 28, 2022
Shelby Scoffield , a high school English teacher from Mountain House, California, is like many others in that she struggles to enforce academic integrity standards in her classroom. According to her, these problems became worse during the pandemic due to the rise of distance learning. However, even after taking time away to teach basics of academic integrity, she still faced an “onslaught” of papers with serious plagiarism issues.
Erik K Pelton
MARCH 21, 2022
The following is an edited transcript of my video How to Water Your Brand for Growth. Do you have a green thumb and are good at gardening, growing vegetables, taking care of plants? I wish that I did, but I do not – I have probably killed as many plants around the house over the years as I have cared for. But I am trying to improve, and actually in the last year or so, we revived a plant at the office that came from a very special friend who had passed away, and the plant was not doing wel
The Illusion of More
MARCH 10, 2022
Not that I have any delusions about the reach of this blog, but for what it’s worth, here’s a pro-tip for celebrities everywhere about sharing photographs of yourselves on social media: if you don’t own the rights in the image, don’t post it. This keeps happening. A celebrity posts an image of himself, the photographer […]. The post A Response to Snoop Dogg About Celebrity Photos appeared first on The Illusion of More.
Technology & Marketing Law Blog
MARCH 30, 2022
This is a case initially filed by Richard Liebowitz that’s still clogging the courts, which explains why it is so transparently unmeritorious. I previously described the case: The photo at issue depicted a man in a bar named Dan Rochkind. The NY Post licensed the photo for its story, “ Why I won’t date hot women anymore.” As you can infer from the title, the vapid story bristled with sexism and possible misogyny.
TorrentFreak
MARCH 16, 2022
In a world that’s dominated by viral social media posts and catchy headlines, branding is everything. Controversial statements and recognizable names are a great way to gain visibility. This attention can then be monetized. LimeWire Comeback? Last week we noticed that one of the most iconic file-sharing brands was making headlines once again. According to numerous news articles, LimeWire is making a comeback as an NFT marketplace.
IP Watchdog
MARCH 11, 2022
Thirty-one signatories from 29 center-right public policy organizations have written U.S. Health and Human Services Secretary Xavier Becerra, urging him to deny a petition from Knowledge Ecology International that requests use of march-in rights under the Bayh-Dole Act against the prostate cancer medicine, Xtandi. The conservative organizations represented on the letter include some of the most prominent center-right groups, such as the American Conservative Union, Americans for Prosperity, Amer
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