Plagiarism Today

OCTOBER 5, 2021

Disclosure: Though I have no relationship or connection with this story, I am a long-time fan of James Rolfe and his work. James Rolfe is one of the most famous YouTubers working today. Best known for his character the Angry Video Game Nerd (AVGN) Rolfe has enjoyed over 17 years of success on YouTube spread across multiple shows. One of those series, Monster Madness, has been a long-running October tradition in our house.

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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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Publishing 246

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.

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The IPKat

OCTOBER 4, 2021

Former Guest Kat Peter Ling, together with his associate, Joana Gurtner , report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark. Coffee capsules have turned out to be a revolution for how coffee is served in millions of homes … and also for case law on 3D trade marks. In a decision that has just been published (available here in French), the Swiss Federal Supreme Court invalidated the 3D mark of Nestlé's related to the shape of the capsules.

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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?

Technology

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.

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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.

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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. .

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TorrentFreak

OCTOBER 1, 2021

This week the “No Time to Die” premiered in movie theaters around the world. A few countries have to wait a bit longer for the latest Bond movie. These include the US, Russia, and France which have a week delay. In Australia, Bond fans will have to be even more patient for the planned mid-November premiere. This staggered release schedule isn’t uncommon.

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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

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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.

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Advertiser: IPO

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.

Patent

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….

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IP Watchdog

OCTOBER 23, 2021

There’s hardly any area in entrepreneurship today that deals with innovation more than intellectual property rights protection – in fact, cutting edge technology and inventions are at the core of the IP industry. However, this doesn’t necessarily mean that the real-life practices, processes and management in the industry are as technologically advanced –it’s actually quite the contrary, or, at least, has been until recently.

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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

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TorrentFreak

OCTOBER 12, 2021

For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Popcorn Time Crackdown. The Motion Picture Association (MPA) recognized this threat early on and pressured the original developers to throw in the towel.

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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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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 […].

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JD Supra Law

OCTOBER 28, 2021

Nature of Patents and Patent Rights - When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it. The granted patent confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or.

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IP Watchdog

OCTOBER 9, 2021

On September 21, 2021, India's Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 Patents Rules. The amendment now includes a new category, “eligible educational institutions,” which qualifies for the same reduced fees as natural persons, startups, and small entities.

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Patently-O

OCTOBER 3, 2021

by Dennis Crouch. TBL Licensing, LLC v Hirshfeld , Docket No. 1:21-cv-00681 (E.D. Va. Jun 04, 2021). I previously wrote about the TTAB decision denying TBL’s attempt to register the shape of its Timberland Boots as a protectable trade mark. Crouch, Iconic Timberland Boots–Trade Dress Worthy? Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration.

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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.

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IP Tech Blog

OCTOBER 28, 2021

Last year, I wrote about a ruling in the Southern District of New York, Sinclair v. Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. v.

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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 […].

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JD Supra Law

OCTOBER 29, 2021

This is the October edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS.SPA springs to life New.ZUERICH extension CIRA partners with ScamAdviser to combat fraudulent sites.

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Editing 123

IP Watchdog

OCTOBER 11, 2021

This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial intelligence (AI) applications in various industries. Elsewhere in D.C., the Center for Data Innovation explores data driven approaches in addressing e-commerce counterfeits, The Brookings Institution hosts a conversation with Susteon’s Shantanu Agarwal on the challenges of carbon removal tech, and the U.S.

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Patently-O

OCTOBER 15, 2021

by Dennis Crouch. This decision suggests that the Federal Circuit is acceding to the Supreme Court’s approach giving broad discretion to the district courts in attorney fees cases rather than nit-picking individual elements of the totality-of-the-circumstances test. But, we’ll see. . Energy Heating, LLC v. Heat On-the-Fly, LLC ( Fed. Cir. 2021 ).

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TorrentFreak

OCTOBER 28, 2021

Section 1201 of the DMCA prohibits the circumvention of copyright controls without permission. This legal restriction prevents the general public from bypassing DRM protection on a wide variety of content and devices. There are some important exceptions to this rule, however. This includes phone jailbreaking, which was declared legal in 2010. These provisions are renewed every three years after the Copyright Office hears various arguments from stakeholders and the general public.

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Technology & Marketing Law Blog

OCTOBER 13, 2021

This year, I have been serving as a Knight Foundation visiting scholar along with Prof. Mary Anne Franks of University of Miami. I’m excited to publicly announce our project. Working with the Knight Foundation team, including John Sands, we assembled a remarkable collection of essays and a conference to explore them fully. The essays: we collected over a dozen submissions from some leading figures in Internet history and online communities.

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Velocity of Content

OCTOBER 29, 2021

This post is the first in a three-part series dedicated to exploring and inspiring agents of change across the scientific publishing landscape. . In October 2019, at the Royal Society of the Arts, Outsell and CCC held a leadership summit focused on The Future of Science. This invitation-only event brought together a cross-section of senior leaders throughout the scientific ecosystem to examine the value chain of scholarly communications and to identify and investigate changes to the implicit

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JD Supra Law

OCTOBER 8, 2021

Increasingly, companies are using artificial intelligence to invent new methods and products. But can a named inventor be a non-human machine under the law? .

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IP Watchdog

OCTOBER 7, 2021

American creators know how to celebrate Halloween: Whether they’re writing a mystery novel, shooting a horror movie, or painting a calavera, they’re a huge part of the season. Unfortunately, this year, there’s a monster lurking that creators didn’t manufacture: The American Law Institute’s (ALI’s) Copyright Restatement Project. The ALI is an independent organization that produces and publishes academic papers, including “Restatements of Law”—papers on legal subjects that judges and lawyers can u

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Patently-O

OCTOBER 5, 2021

When you visit the website france.com , you’ll be quickly redirected to the French government’s explore-France travel site: france.fr. But, the US-company France.com, Inc. believes that the country stole the.com site. The case is now pending before the Supreme Court on petition for writ of certiorari is France.com v. The French Republic , Docket No. 21-448 (Supreme Court 2021).

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TorrentFreak

OCTOBER 11, 2021

A group of movie production outfits, including affiliates of the film studios Millennium Media and Voltage Pictures, filed a lawsuit against VPN.ht in March. The companies accused the VPN provider of promoting the piracy app Popcorn Time to its users, noting that a VPN.ht IP-address was repeatedly used to share pirated films. After filing the original complaint , the copyright holders increased the pressure.

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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.

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The IPKat

OCTOBER 21, 2021

On 12 October 2021, the China National Intellectual Property Administration (CNIPA) issued Announcement No. 453 (see the full Chinese text here ). According to that directive, from 1 January 2022, the CNIPA will only provide an electronic version of trade mark registration certificates. These should be easy to both access and download for logged-in users.

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JD Supra Law

OCTOBER 14, 2021

Artificial Intelligence (AI) has become a major focus of, and the most valuable asset in, many technology transactions and the competition for top AI companies has never been hotter. According to CB Insights, there have been over 1,000 AI acquisitions since 2010. The COVID pandemic interrupted this trajectory, causing acquisitions to fall from 242 in 2019 to 159 in 2020.

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