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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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.

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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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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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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

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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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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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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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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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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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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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.

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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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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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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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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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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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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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TorrentFreak

OCTOBER 12, 2021

As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of. While Adobe has indeed stopped shipping new global versions of Flash, the technology is still supported in two markets – Enterprise and China via Flash.cn – a site managed by Zhong Cheng Network, the only authorized distributor of

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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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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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SpicyIP

OCTOBER 3, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Poster for Zolgensma. In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act.

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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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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.

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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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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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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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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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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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Technology & Marketing Law Blog

OCTOBER 6, 2021

by guest blogger Marketa Trimble. The location of a datacenter matters—the location of third-party datacenters affects companies’ (datacenter customers’) decisions whether to use the datacenters for colocation or other services. Part of any assessment of the suitability of a datacenter location should be the legal implications that may arise from locating servers in a particular jurisdiction, including the possibility that local courts could extend their jurisdiction over the datacenter’s custom

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TorrentFreak

OCTOBER 10, 2021

Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States. Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers. While cyberlockers have plenty of legal uses, copyright holders viewed most of these services as pirate portals.

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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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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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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 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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