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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.
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?
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.
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?
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?
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.
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.
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.
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.
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!
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.
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.
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.
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.
When I first saw the Justice Against Malicious Algorithms Act. my draft version didn’t identify its sponsors. I assumed it was yet another sloppy and unserious Section 230 reform proposal from representatives like Rep. Gosar or Gohmert. You can imagine my shock when I learned that this bill was the Section 230 reform bill that the Democratic leaders on the House Energy & Commerce Committee chose to back–including my own representative, Rep.
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.
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.
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 […].
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.
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.
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. .
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.
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?
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 […].
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.
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.
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
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. First off today, Kendall Heebink at Law Street reports that a pair of pizza companies have been sued by Prepared Food Photos, Inc. (PFPI), a company that does custom photography for food industry retailers and wholesalers.
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.
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.
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.
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.
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
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Nirvana Beats T-Shirt Copyright Lawsuit Involving Dante’s ‘Inferno’ First off today, Bill Donahue at Billboard reports that members of the band Nirvana have emerged victorious in a battle over their iconic Dante’s Inferno shirt, even if it is likely not the final word on the case.
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….
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.
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.
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. Accused Subscriber Fight Back. Most Internet subscribers who’re accused of piracy don’t put up a fight but occasionally one does.
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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