Plagiarism Today
OCTOBER 7, 2021
On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? The story looked at the ongoing feud between two authors, Dawn Dorland and Sonya Larson. To parse the winding tale into the most condensed version possible, the story begins when Dorland made the decision to donate a kidney to a stranger.
Hugh Stephens Blog
OCTOBER 13, 2021
The issue of whether news publishers should receive compensation when their content is used by “others” (such as internet platforms, specifically Facebook and Google) has become a hot topic in a number of countries of late. It has arisen because of the near financial collapse of much of the print media, particularly newspapers and news … Continue reading "Do News Publishers “Own” the News?
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Intellectual Property Law Blog
OCTOBER 8, 2021
This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. The Federal Circuit created controversy in 2020 over its application of the Supreme Court’s subject matter eligibility jurisprudence by finding a method of manufacturing an automobile propshaft ineligible for patent protection.
Erik K Pelton
OCTOBER 29, 2021
The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective. Often, if you ask a group of people, “Are these two marks, given the circumstances, likely to be confused?
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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
OCTOBER 31, 2021
After a long wait, the 2021 installment of the sci-fi classic Dune finally premiered in the United States last week. The film had already come out in other parts of the world a month earlier, which caused quite a bit of frustration among eager fans. Their patience was further tested when a relatively high-quality copy of the film leaked on pirate sites days before the premiere on HBO Max and in theaters.
Technology & Marketing Law Blog
OCTOBER 21, 2021
The plaintiffs are “conservative content creators” (i.e., QAnon enthusiasts) who posted videos to YouTube. YouTube suspended their accounts. The plaintiffs sued for First Amendment violations (presumably a 1983 claim). The court previously denied a TRO. YouTube now gets the case dismissed with prejudice. It’s not a close call. To show YouTube is a state actor, the plaintiffs tried four different unsuccessful arguments: Public Function.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Hugh Stephens Blog
OCTOBER 4, 2021
Unabashed booster of—and apologist for—Section 230 of the 1996 Communications Decency Act (CDA), Eric Goldman, recently published an encomium “to help Canadians understand a crucial US law that’s become a flashpoint for heated discussions” (according to the introduction to Goldman’s article distributed by the Santa Clara University School of Law). It was initially released through … Continue reading "Thank You Professor!
JD Supra Law
OCTOBER 4, 2021
On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.
Erik K Pelton
OCTOBER 28, 2021
Over the years, we’ve been blessed to work with – and sometimes ride with – many clients in the bike industry! The post Trademark protection: a safety helmet for your brand appeared first on Erik M Pelton & Associates, PLLC.
TorrentFreak
OCTOBER 24, 2021
Over the years we have seen our fair share of bizarre DMCA takedown notices, but we continue to be surprised by new schemes. This week we can add another to the list, one that has some serious threats attached. The notices in question were sent to Google but the accompanying message appears to be directed at the targeted sites, many of which offer APK versions of apps.
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Copyright Lately
OCTOBER 25, 2021
The only thing scarier than a slasher flick is a lawsuit. Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? It’s Halloween time again! The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021.
Plagiarism Today
OCTOBER 25, 2021
When people learn what I do for a living, one of the first questions I am usually asked is, “Has the internet made plagiarism much worse?”. It’s easy to see why it’s a question. Anecdotally, it feels like plagiarism stories are becoming much more common. Just over the sixteen years I’ve been writing for this site, there’s been a marked increase in the number of news stories about plagiarism and the amount of interest in the topic.
Hugh Stephens Blog
OCTOBER 29, 2021
The Institute for International Communications (IIC) annual meeting held recently in the UK (London, October 5-7) featured, among other topics, a “streaming video roundtable”, an informative discussion of the issues surrounding growth of the VOD sector in the current regulatory climate.
Patently-O
OCTOBER 6, 2021
by Dennis crouch. In re Surgisil, LLP , — 4th — ( Fed. Cir. 2021 ). This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. The decision is only about 600 words long — fewer than may writeup about the case. .
Erik K Pelton
OCTOBER 26, 2021
We love working with all types of businesses, but earning the trust of many other lawyers and legal industry businesses has been extra gratifying. The post We help clients with trademark protection in all industries – even law appeared first on Erik M Pelton & Associates, PLLC.
TorrentFreak
OCTOBER 25, 2021
Six major ISPs – BT, EE, Plusnet, Sky, TalkTalk and Virgin Media – control more than 90% of the fixed line broadband market in the UK. This means that when copyright holders want to prevent access to pirate sites in the region, these providers are regularly named in blocking injunction applications. Late Friday, the High Court reported that Columbia Pictures, Disney Enterprises, Netflix Studios, Paramount Pictures, Universal City Studios and Warner Bros.
The Illusion of More
OCTOBER 15, 2021
In March, Senators Durbin and Cassidy introduced the INFORM Consumers Act, legislation meant to provide us with greater transparency when shopping through large online marketplaces, which is to say Amazon. In a co-authored editorial in Roll Call, the senators state: It is well documented that third parties are selling massive amounts of counterfeit, stolen and […].
Plagiarism Today
OCTOBER 26, 2021
As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities. Whether it’s establishing the modern zombie formula , essentially re-copyrighting Frankenstein’s Monster or nearly killing off one of the most iconic vampires , Halloween and copyright have a long and controversial history together. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes.
Hugh Stephens Blog
OCTOBER 25, 2021
A couple of weeks ago I put up a blog posting looking at the history of copyright and news content over the past two hundred years or more. It discussed the longstanding question of who “owns” the news, and who should be compensated when news content is copied. This issue is not new but has … Continue reading "Paying for Use of News Content?
The IPKat
OCTOBER 27, 2021
Kat friend Hans Eriksson discusses an interesting decision (only available in Swedish) concerning copyright protection and originality, namely whether the sequence of twenty words in an instruction manual may be regarded as being enough for copyright to arise. Here's what Hans writes: The author was recently reminded of the opening lines of Frank Herbert’s sci-fi epic Dune: “ A beginning is the time for taking the most delicate care that the balances are correct. ” This Dune tells us, every memb
Erik K Pelton
OCTOBER 21, 2021
A lot of elements going into making our firm what we are and making it successful. More than just inputs and outputs, work and fees. The things that make up our firm as a whole include people, experience, education, practicing what we preach, and much more. We constantly nourish a feed each of these inputs to grown and evolve. We believe that makes what we offer to our clients unparalleled.
TorrentFreak
OCTOBER 18, 2021
Dune (also known as Dune: Part One) is the first installment of a planned two-part adaption of the 1965 sci-fi book written by Frank Herbert. The movie has been in the planning for years, with filming eventually taking place between March and July 2019. Dune had its world premiere at the 78th Venice International Film Festival on September 3, 2021, and Warner Bros. released the movie internationally on September 15, which did not include key markets such as the US and UK.
Technology & Marketing Law Blog
OCTOBER 23, 2021
This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom, and child sued Peloton for negligence and misrepresentation. Peloton invoked the arbitration clause in its TOS.
Plagiarism Today
OCTOBER 6, 2021
On September 15, West Liberty University President W. Franklin Evans, gave the annual freshman convocation speech to a mix of students and faculty. Having only been hired for the position in November 2020, it was Evans’ first time giving such a speech at the university. However, as the speech went on, several faculty members felt somehting was amiss.
Hugh Stephens Blog
OCTOBER 18, 2021
These days it is not uncommon to see red paint splashed on the statue of some controversial historical figure, or even to have the statue defaced, vandalized or perhaps torn down from its pedestal. It has happened to Christopher Columbus, Winston Churchill, Robert E. Lee, and Queen Victoria, to name just a few recent targets.
Patently-O
OCTOBER 8, 2021
by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia. And, there are dozens of companies that make and sell ugg boots in that country, including Australian Leather Pty. Ltd. The original name “ugh” came from 1970s surfer Shane Stedman who has been quoted as saying “We called them Ughs because they were ugly.” UGG i
Erik K Pelton
OCTOBER 16, 2021
The following is an edited transcript of my video, 7 Keys to Branding Success. I get asked all the time, “What are the key things I need to know to make my brand successful, to make my trademark successful and protected?” There are a lot of different things that go into making it successful or giving it the best chance of success. Today, I’ve distilled it down to seven keys for branding success.
TorrentFreak
OCTOBER 18, 2021
Copyright holders have tried a wide variety of legal options to tackle online piracy, including lawsuits. This year we have seen a series of complaints in US courts where filmmakers sued third-party services for facilitating piracy. This includes VPN providers and their hosting companies. VPN.ht is one of the companies that was sued. Last week it settled the case by agreeing, among other things, that it would block BitTorrent traffic and keep logs on US servers.
JD Supra Law
OCTOBER 6, 2021
Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a patentee committed inequitable conduct by advancing an argument during patent prosecution that contradicted the patentee’s prior arguments and evidence submitted to the….
Plagiarism Today
OCTOBER 27, 2021
Yesterday, we looked at the myriad of ways that copyright and trademark impact Halloween costumes. Along the way, we discussed why a knockoff Beetlejuice costume is titled “Juice Demon”, the ways that intellectual property laws govern Halloween costumes and the ways one could find themselves in trouble. However, that is just the latest in a decade-long history of discussing copyright, plagiarism and other authorship issues as they pertain to Halloween and horror.
The Illusion of More
OCTOBER 31, 2021
In this episode, I speak with David Golumbia, author and associate professor of digital studies, American literature, literary theory, philosophy, and linguistics at Virginia Commonwealth University. I asked Golumbia to join me after reading his blog post published on October 20th in which he asserts that Facebook is not just dropping the ball when it […].
Technology & Marketing Law Blog
OCTOBER 12, 2021
This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. These cases have all failed–with the partial exception of the Ninth Circuit meltdown (3 judges; 3 opinions) in Gonzalez v. Google LLC , 2021 WL 2546675 (9th Cir. June 22, 2021), which I never had the chance to blog because it’s 167 pages and the panel was so deeply split that the whole decision clearly needs en banc review.
Erik K Pelton
OCTOBER 8, 2021
The following is an edited transcript of my video, Customs and Border Patrol Registration for Your Trademark. Customs and Border Protection is in the news a lot these days with all sorts of immigration and other issues, but one thing that doesn’t often get a lot of attention is the seizures of counterfeits and trademark violations that CBP makes.
TorrentFreak
OCTOBER 17, 2021
Over the past decades, hundreds of popular ‘pirate’ sites have come and gone. This includes the likes of isoHunt, ExtraTorrent, and KickassTorrents. These shutdowns have a serious impact but, as time passes, estranged users eventually move on. The same can’t be said for all anti-piracy organizations. Hunting Pirate Ghosts. As it turns out, sites that have long disappeared are still seen as a ‘threat’ That is, judging from the takedown notices they send to Google.
The IPKat
OCTOBER 7, 2021
I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. advance (IP) directive. Despoina and Simon also recommend some music background by Anderson.Paak to accompany the reading of the article.
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