August, 2021

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Snopes Co-Founder and CEO Admits to Plagiarizing Dozens of Articles

Plagiarism Today

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.

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What is a brand made of?

Erik K Pelton

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.

Branding 264
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Trending Sources

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Copyright Takedown Gives Conservative Party Pretext to Remove Clumsy Political Attack Ad

Hugh Stephens Blog

Good political attack ads make voters angry with–or mock–the politician in the ad, reminding voters how much they dislike the targeted individual or party they represent. Poor political ads expose the sponsor of the ad to ridicule and remind voters why they should question the competence of the Party that created it.

Copyright 246
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Patent Protection on AI Inventions

Intellectual Property Law Blog

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO. Most of the AI components have experienced explosive growth in the past decade, especially in the areas of planning/control and knowledge processing (e.g., using big data in automated systems).

Invention 242
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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Are Fictional Characters Protected Under Copyright Law?

Creative Law Center

The independent life of fictional characters. Consider them an additional creative asset in a writer’s intellectual property portfolio. The post Are Fictional Characters Protected Under Copyright Law? appeared first on Creative Law Center.

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FitGirl Pirate Repacker Warns Domain Name Could Be Lost, Perhaps Forever

TorrentFreak

In piracy circles, ‘FitGirl’ is a very well known brand, especially for gamers looking for the latest titles without the usual price tag. Operating from the domain fitgirl-repacks.site, platform operator FitGirl is perhaps the most well-known ‘repacker’ online today due to her/his ability to compress full-size games into more manageable packages.

IP 145

More Trending

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Department of Commerce issues report finding that “USPTO’s trademark registration process was not effective in preventing fraudulent or inaccurate registrations”

Erik K Pelton

A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. See all the details here: [link]. The report issued on August 11, 2021 (OIG-21-033-A) is entitled USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of t

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Surprise! Canadians Like to Pirate NHL Games–But Dynamic Site Blocking Orders May Soon Put a Stop to the Free Rides

Hugh Stephens Blog

Following the dismissal in May of the appeal against Canada’s first site blocking order (the GoldTV case) by the Federal Court, much to the chagrin of the one lone ISP (TekSavvy) that opposed the court’s order, Bell Media, Rogers Communications and other broadcasters have applied for a dynamic site blocking order to protect their broadcast … Continue reading "Surprise!

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New Primer on the California Privacy Rights Act (CPRA)

Technology & Marketing Law Blog

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

Privacy 145
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Artificial Intelligence as the Inventor of Life Sciences Patents?

JD Supra Law

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.

Inventor 145
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IPO Diversity in Innovation Toolkit

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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Movie Companies Want VPNs to Log User Data and Disconnect Pirates

TorrentFreak

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.

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New Superintendent Plagiarizes in First Two Months

Plagiarism Today

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.

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The trademark decathlon: 10 events to build a strong and protected brand

Erik K Pelton

This week is the decathlon at the Tokyo summer Olympics. It is one of my favorite events, because it is test of versatility and overall athleticism in track and field. To win, one must be well rounded and very good in all 10 events. And there are 10 trademark events that – if a brand owners is very good in most or all of them – will build a strong and protected brand.

Branding 208
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Singapore’s Copyright Act Revisions: A Step in the Right Direction, But….

Hugh Stephens Blog

Singapore’s long awaited and long debated revisions to its copyright law were tabled in Parliament at the beginning of July with a view to enactment by the end of summer. This follows a two-month public consultation by the Law Ministry and Intellectual Property Office. The revisions have been in the works for some time, beginning … Continue reading "Singapore’s Copyright Act Revisions: A Step in the Right Direction, But….

Copyright 246
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Cable News Shows Are Defamation-Free Zones–OANN v. Maddow

Technology & Marketing Law Blog

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.

Blogging 145
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Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

IP Watchdog

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.

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Sky Subscribers’ Piracy Habits Directly Help Premier League Block Illegal Streams

TorrentFreak

High Court injunctions that order ISPs to block certain websites deemed to be infringing have been in existence for around a decade in the UK. Obtained by entertainment industry companies, largely in the movie, TV and music sector, traditional orders target torrent, streaming and file-hosting platform websites, with ISPs taking measures to prevent subscribers from accessing them by ordinary means.

IP 145
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The Plagiarism of Fast Fashion

Plagiarism Today

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.

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$949,284 quote from US Postal Inspection Service to address my FOIA request regarding trademark scammers!

Erik K Pelton

My jaw dropped a few weeks ago when I received the response to our FOIA request from the U.S. Postal Inspection Service. They quoted me a $949,284 estimate to retrieve documents regarding trademark scam letters. See full letter below. Given such an expense, it seems that they must be sitting on a mountain of such documents. If so, how can there have been so few arrests or prosecutions over the years (a handful) while the scammers keep operating and even proliferating and moving into new means of

Trademark 203
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Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed

Hugh Stephens Blog

On July 30 the Supreme Court of Canada (SCC) delivered what can only be described as body blow to the management of collective rights in Canada, although the collective society at the centre of the action, Access Copyright, pointed out in its press release that the Court “refuses to legitimize uncompensated copying by the education … Continue reading "Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed"

Licensing 246
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Katcall: Openings for GuestKats and InternKats!

The IPKat

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.

Blogging 145
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UCB, Inc. v. Actavis Labs. UT, Inc.

JD Supra Law

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”).

Patent 145
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Fake ‘U.S. Copyright Office’ Sends Takedown Notices to Google

TorrentFreak

The U.S. Copyright Office is seen as the authority on intellectual property issues in the United States. Just a few months ago, the Government body released a thorough review of the DMCA’s safe harbor provisions , to see if these can be improved to better suit today’s online environment. During meetings with various stakeholders, DMCA takedown notices were also discussed in detail.

Copyright 145
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Erotic Romance Author Accused of Plagiarism from Fan Fiction

Plagiarism Today

Last week, Twitter user @KokomRoily began to feel a creeping sense of déjà vu as they were reading a novel by prolific erotic romance author Romilly King. According to KokomRoily, the book felt familiar after reading the first chapter and, by the second they, “felt sure I could tell what was going to happen next.” The reason was that, the book in question, Paid to Kneel , was plagiarized from an earlier work by a user named Blue_King that was posted on a Supernatural fan fiction foru

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Creative Trademarks Are Alive and Well on Main Streets in America

Erik K Pelton

Creative brands and great trademarks are all around us. In this episode, Erik reflects on the many wonderful store names he encountered while on a recent family vacation to a small New England town, proof that there are endless possibilities when it comes to trademarks! The post Creative Trademarks Are Alive and Well on Main Streets in America appeared first on Erik M Pelton & Associates, PLLC.

Trademark 201
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An Initial Look at Washington’s New Anti-SLAPP Statute

Technology & Marketing Law Blog

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

Law 144
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[Guest post] German court: copyright infringement by ‘re-pin’ on Pinterest

The IPKat

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.

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Domain name solicitation fraud – brand owners beware

JD Supra Law

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.

Branding 145
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Simultaneous Releases Make Movie Piracy More (& Less) Appealing

TorrentFreak

Movie studios are increasingly experimenting with shorter release windows, or even no windows at all. During the COVID pandemic, studios including Disney, NBCUniversal, and Warner Bros have premiered titles on streaming services and at the box office at the same time. This is good news for consumers, who have more choice. However, not everyone is happy.

Music 145
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3 Count: Legal Wolves

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Tommy Vext Sued by Bad Wolves’ Label for Copyright Infringement. First off today, Philip Trapp at Loudwire reports that the battle between the Bad Wolves and their former lead singer Tommy Vext has taken an additional turn, with the band’s label suing Vext for copyright infringement.

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Social media ‘influencers’ are often lacking trademark protection

Erik K Pelton

The following is a transcript of my video Influencers Need Trademark Protection Too. On social media these days, much of the content and the news that I see relates to influencers. No doubt this is partly related to the fact that I have two teenage children, and by the fact that I’m teaching a law school class with younger law students, and that I’m online in forums talking about intellectual property and entertainment law issues.

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The U.S. Patent System and Quantum Cryptography: An Awkward Relationship

IP Watchdog

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.

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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

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.

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Emoji Version Variations Help Identify Fabricated Evidence–Rossbach v. Montefiore Medical

Technology & Marketing Law Blog

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.

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TorrentFreak News Article Targeted by Dubious ‘DRM Circumvention Complaint

TorrentFreak

At TorrentFreak, we have written hundreds of articles about dubious takedown notices. Today, we find ourselves at the center of another one. Earlier this week the ‘American Society of Composers’ sent a series of “DRM Circumvention” complaints to Google, acting on behalf of the Video Industry Association of America. These notices are similar to standard DMCA takedown requests but focus on content that violates the DMCA’s anti-circumvention provision.

Music 145