Plagiarism Today
AUGUST 16, 2021
On Friday, Buzzfeed published an article that highlights the widespread and long-running plagiarism of Snopes CEO and co-founder David Mikkelson. The article, the inquiries for which resulted in an investigation by Snopes itself , has resulted in the retraction of some 54 articles and resulted in another 140 pieces being identified as being possibly problematic.
Erik K Pelton
AUGUST 19, 2021
A “brand” is the sum total of a number of things that go to the heart of a business’ relationship with its customers and within the marketplace of competitors: For more about Building a Bold Brand , see my book ! The post What is a brand made of? appeared first on Erik M Pelton & Associates, PLLC.
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TorrentFreak
AUGUST 30, 2021
Amidst growing concerns about online privacy and security, VPN services have become increasingly popular in recent years. Millions of people use VPNs to stay secure and prevent outsiders from tracking their online activities. As with regular Internet providers, a subsection of these subscribers may be engaged in piracy activities. Over the past years, we have seen copyright holders take several ISPs to court, accusing them of failing to disconnect repeat copyright infringers.
Technology & Marketing Law Blog
AUGUST 18, 2021
In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020. The passage of the California Privacy Rights Act (CPRA) in November 2020 necessitated a complete revamp. However, I needed some recovery time to get past the pain of California voters’ bad decision, plus carefully parsing the CPRA is one of life’s joyless tasks that begs for p
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?
JD Supra Law
AUGUST 13, 2021
The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. For example, AI is currently used to predict biological targets of prospective drug molecules.
IP Watchdog
AUGUST 9, 2021
In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just begun. There were skeptics, but today any of the world’s six billion smartphone subscribers can read his essay on their devices practically any time, any place they choose.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
AUGUST 31, 2021
Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions will last six months, and there are no geographical restrictions on either role. Please bear in mind that you need to have your employer’s permission to be part of the IPKat team.
TorrentFreak
AUGUST 18, 2021
With in excess of 500 million monthly active users, messenging platform Telegram is a true internet giant. According to co-founder Pavel Durov, it was the world’s most downloaded app in January 2021 and is supported by a userbase that’s grown by 40% every year since its launch in 2013. Alongside millions of regular users, Telegram is also utilized by some as a way to access pirated content.
Technology & Marketing Law Blog
AUGUST 25, 2021
This lawsuit involves the Rachel Maddow Show on MSNBC. Based on a story from the Daily Beast , Maddow ran a segment claiming that an OANN employee was on the Kremlin’s payroll, concluding that OANN “really literally is paid Russian propaganda.” OANN didn’t take kindly to this assertion and sued Maddow and others for defamation. Maddow sought an anti-SLAPP motion to strike, which the district court granted.
JD Supra Law
AUGUST 6, 2021
Case Name: UCB, Inc. v. Actavis Labs. UT, Inc., Civ. No. 19-474-KAJ, 2021 WL 1880993 (D. Del. Mar. 26, 2021) (Jordan, J.) - Drug Product and Patent(s)-in-Suit: Neupro® (rotigotine); U.S. Patent No. 10,130,589 (“the ’589 patent”).
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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.
IP Watchdog
AUGUST 29, 2021
Quantum computing continues to gain traction as an emerging technology, with potentially far-reaching and dangerous applications in the United States and worldwide. However, there are some applications for the technology which have not yet passed theoretical muster. In other words, the case for quantum advantage cannot be made by reference to known mathematical algorithms.
Plagiarism Today
AUGUST 11, 2021
Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” Prado was talking about the “fast fashion” brand Shein. The wildly popular brand is famed for its imitations of popular, luxury items at bargain-basement prices.
The IPKat
AUGUST 11, 2021
IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. Former GuestKat Mirko Brüß analyzes a very interesting recent German decision , which has tackled the application of such exclusive right in the context of linking within online image sharing service Pinterest.
TorrentFreak
AUGUST 15, 2021
Microsoft is one of the world’s most prominent copyright holders with a vast experience in fighting piracy. The company is part of the Software Alliance ( BSA ), for example, which is known to track copyright infringements both off- and online. The BSA is also known for its piracy bounties , where it promises whistleblowers cash rewards in return for fruitful tips.
Technology & Marketing Law Blog
AUGUST 3, 2021
Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute. My summary of the statute: Scope of coverage : The statute applies to causes of action based on: (1) a person’s statement to a governmental body; (2) a statement on an issue under consideration by a governmental body; and (3) an exercise of someone’s First Amendment rights under the state or federal constitutions “on a matter of publ
JD Supra Law
AUGUST 20, 2021
Overview - It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that domain name rights are in jeopardy. As these scams become more common, all trademark owners should be aware of how to recognize and avoid them.
IP Watchdog
AUGUST 11, 2021
Believe it or not, a recent op-ed in the Washington Post written by Robin Feldman took the position that pharmaceutical companies should charge prices for their drugs that would surely guarantee that they go bankrupt. An absurd position even for a law professor who is ideologically predisposed to an irrational hatred of patents, but precisely the position Feldman articulated.
Plagiarism Today
AUGUST 19, 2021
Over the past 18 months, there has been a major rash of school superintendents being caught committing plagiarism. It started in February 2020 when the now-former Katy Independent School District Lance Hindt was accused of having plagiarized his dissertation. After that, in January 2021, now-former Rochester Public School District superintendent Michael Muñoz faced multiple allegations of plagiarism related to his job.
The IPKat
AUGUST 1, 2021
Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 5(2)(b) of the InfoSoc Directive , in particular regarding "communication to the public". The referrals stem from two cases, unrelated to one another except for the underlying legal issues that are the subject of the referrals.
TorrentFreak
AUGUST 11, 2021
Six years ago, Netflix started blocking customers who tried to access its service over a commercial VPN or proxy service. These changes came after copyright holders repeatedly complained that ‘pirates’ were bypassing Netflix’s geographical restrictions. The VPN ban caused a lot of frustration for legitimate VPN users, many of whom had no intention of breaking any rules.
Technology & Marketing Law Blog
AUGUST 9, 2021
Rossbach worked at Montefiore Medical Center. She claims her supervisor sexually harassed her and then the center retaliated against her. This screenshot is the evidentiary centerpiece of her claim: The last line is the court’s: “This image is a fabrication.” A line no litigant ever wants to see in a court opinion discussing their evidence.
SpicyIP
AUGUST 21, 2021
We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021. For further details, please see the announcement below: Advertisement for Recruitment for Research Assistants – IPR Chair. Logo of NALSAR, Hyderabad.
IP Watchdog
AUGUST 26, 2021
As an update to my posts from 2017, 2019, 2020, and March 2021, it has now been 86 months since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros.
JD Supra Law
AUGUST 18, 2021
In our first part of this series, we provided a brief primer on patents. For the second part of our Intellectual Property series, we take a look at trademarks. Trademarks are not generally considered "technology", but the U.S. Patent and Trademark Office ("PTO") is charged with administering them along with patents. Certainly, technology startups must be aware of both of these types of Intellectual Property.
The IPKat
AUGUST 17, 2021
What happens when trade secrets meet the stock market? Emeritus Katonomist Nicola Searle, and her colleague, Andy Vivian , in addressing this question, suggest some potentially surprising insights. IP matters. Or, at least, IP should matter to companies. But what if markets didn’t really care about IP? What if IP doesn’t really matter? My co-author Professor Andy Vivian and I are trying to better understand IP’s role by analysing the market reaction to the theft of a company’s trade secrets.
TorrentFreak
AUGUST 9, 2021
When The Pirate Bay first came online during the summer of 2003, its main point of access was thepiratebay.org. Since then the site has burnt through more than a dozen domains, trying to evade seizures or other legal threats. The torrent site eventually returned to the.org domain which remains the official home today. While there are hundreds of Pirate Bay proxies online, none of these are operated by the TPB-team.
Technology & Marketing Law Blog
AUGUST 12, 2021
Paul Nicklen is a highly acclaimed nature photographer. He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change. Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.
SpicyIP
AUGUST 27, 2021
A photograph of Prof. (Dr.) Shamnad Basheer. Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP.
IP Watchdog
AUGUST 8, 2021
On August 9, we once again observe the International Day of the World's Indigenous Peoples. Traditionally, international organizations take advantage of this time to promote the contributions of indigenous peoples across the globe. However, the day also presents an opportunity for States and international organizations to reflect on collective efforts to protect and preserve the culture and heritage of our indigenous communities.
Patently-O
AUGUST 30, 2021
by Dennis Crouch. The COVID vaccines do not genetically modify your DNA, but Juno’s patented CAR T-Cell therapy certainly does. Sloan Kettering owns U.S. patent No. 7,446,190 and Juno (BMS) is the exclusive licensee. The patent claims a nucleic acid polymer (DNA/RNA) that encodes for a particular “chimeric T cell receptor.” The idea here is part of a revolutionary CAR T-Cell therapy that genetically modifies a patient’s own T-Cells so that it will be able to recognize (
The IPKat
AUGUST 24, 2021
T he Golden Bunny trade mark litigation continues to hop along. Former Guest Kat Peter Ling reports on the recent decision of the German Federal Court of Justice regarding retroactive application of the EU Trade Marks Directive. In addition to being known as a source for great chocolate, Swiss chocolate producer Lindt may be known to Kat readers as a source of interesting developments of trade mark law, especially in the field of non-traditional trade marks (see Katposts on Lindt's 3D golden bun
TorrentFreak
AUGUST 8, 2021
While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that “infringing sites” show up in search results has become a source of frustration. As a result, Google and other search engines are facing a steady stream of DMCA takedown notices. Google alone has processed more than five billion takedown requests and millions of new URLs are reported every week.
Technology & Marketing Law Blog
AUGUST 24, 2021
This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The court grants Facebook’s motion to dismiss the Third Amended Complaint. I believe this case is now ready for a Ninth Circuit appeal, where anything could happen. Standing. “plaintiffs do not attempt to allege that housing was generally available in their desired markets – much less that housing Ads satisfying those criteria were being placed i
SpicyIP
AUGUST 1, 2021
Image with the text ‘open the gate’ (Image from here ). In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions.
IP Watchdog
AUGUST 18, 2021
In recent days, both Google and Apple have lost big patent cases. On August 13, Apple lost a $300 million jury verdict to PanOptis. Also on August 13, Google was found to infringe five Sonos patents at the International Trade Commission (ITC) in an initial determination by Judge Charles E. Bullock, which, if upheld by the full Commission, would block the importation of Google hardware, including Chromecast and Pixels.
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