Plagiarism Today
FEBRUARY 14, 2024
Plagiarism has been in the headlines more than ever before, but why does it feel like people are finding plagiarism everywhere they look? The post Why is There So Much Plagiarism Right Now? appeared first on Plagiarism Today.
Hugh Stephens Blog
FEBRUARY 22, 2024
Screen Australia Drama Report At a time when streaming services (also referred to as subscription video on demand, or SVOD) are growing internationally at a frenzied pace, various countries are pondering how to deal with this phenomenon, particularly when it comes to local production.
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Michael Geist
FEBRUARY 10, 2024
Bell’s announcement this week that it is laying off thousands of workers – including nearly 500 Bell Media employees – has sparked political outrage with Prime Minister Justin Trudeau characterizing it as a “garbage decision.” The job losses are obviously brutal for those directly affected and it would be silly to claim that a single policy response was responsible.
TorrentFreak
FEBRUARY 4, 2024
From the launch of its online streaming service fifteen years ago, Netflix positioned itself as a piracy competitor. The idea was to take market share away from piracy sites, by offering a legal and more convenient streaming platform. Initially, this seemed to work. Netflix amassed hundreds of millions of subscribers, some of whom left their piracy habits behind.
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?
Kluwer Copyright Blog
FEBRUARY 20, 2024
Basia Łabaj, CC BY-SA 4.0 , via Wikimedia Commons When life gives you lemons, make lemonade. This must have been the key insight at the Polish Culture and National Heritage Ministry when the new administration took over and discovered that more than 2.5 years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law.
JD Supra Law
FEBRUARY 26, 2024
We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a significant impact on the viability of typical copyright troll claims and, more broadly, the continued prevalence of copyright trolling.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Intellectual Property Law Blog
FEBRUARY 28, 2024
In University of South Florida Board of Trustees v. United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that reduction to pr
Michael Geist
FEBRUARY 28, 2024
Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill , I identified the provisions as one of three red flags, warning that they “ feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints.
TorrentFreak
FEBRUARY 8, 2024
Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. In many cases, discussion comments are read and soon forgotten but several old threads were brought back to life recently as part of piracy liability lawsuits. The comments in question were picked up by Kerry Culpepper, a copyright attorney who leads several piracy lawsuits against Internet providers on behalf of independent film companies.
Kluwer Copyright Blog
FEBRUARY 8, 2024
Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. The term encompasses a variety of special regimes empowering (or obliging) authors to retain some of the usage rights over their publicly funded works vis-à-vis scientific publishers in order to facilitate open access to scientific literature.
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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.
Erik K Pelton
FEBRUARY 28, 2024
Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com. The post 25 Ways to Avoid Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com.
Plagiarism Today
FEBRUARY 6, 2024
When you're looking for images on a specific topic, Wikimedia Commons can be a godsend. Here's how to use it correct and safely. The post How to Use Wikimedia Commons for Free & Legal Images appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 26, 2024
EcoFactor, Inc. is the holder of U.S. Patent No. 8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate control systems, particularly HVAC systems, in residential and commercial buildings. The patented technology utilizes a thermostat that considers external weather conditions and the thermal characteristics of individual structures to dynamically adjust temperature settings, aiming to improve energy efficiency and c
Hugh Stephens Blog
FEBRUARY 6, 2024
Image: Shutterstock Canadian visual artists, who have been hoping for the establishment of an Artists Resale Right (ARR) as part of a successful conclusion to the Canada-UK Free Trade Agreement negotiations, may become collateral damage if the talks breakdown completely. As I wrote in a blog post a year or so ago (“Will the “Artists’ … Continue reading "Britain Walks Away from Trade Agreement with Canada: Will Artists be Collateral Damage?
TorrentFreak
FEBRUARY 25, 2024
Italy’s Piracy Shield blocking platform is the mechanism through which sports rightsholders exercise their right to use state-approved tools in their fight against IPTV piracy. In common with other systems in use around Europe, Piracy Shield acts on information provided by rightsholders. After identifying the target to be blocked, domain names and IP addresses are fed into the Piracy Shield system.
JD Supra Law
FEBRUARY 8, 2024
Does recording an object’s physical properties to a blockchain render the resulting network (or method of using the same) patent-eligible? In Rady v. Boston Consulting Group, the Federal Circuit will hear oral arguments on how to apply hotly debated patent eligibility standards[1] (i.e., the two-step Alice test) to a blockchain-related invention.
Erik K Pelton
FEBRUARY 26, 2024
The following is an edited transcript of my video Trademark Lessons from The Bear. The Bear is a great television show about a restaurant—specifically building out a restaurant—and my family is in the restaurant business, so it hits close to home for me. Here’s a few trademark lessons that we can learn from The Bear. In the restaurant industry, there’s always some emergency, something going wrong.
Plagiarism Today
FEBRUARY 28, 2024
A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 26, 2024
In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. Background In response to an infringement case filed by Provisur, Weber filed two inter partes review (“IPR”) petitions to invalidate two patents owned by Provisur, based on Weber’s operating m
Patently-O
FEBRUARY 27, 2024
by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. v.
TorrentFreak
FEBRUARY 23, 2024
The InterPlanetary File System, more broadly known as IPFS , has been around for nearly a decade. While the name may sound alien to the general public, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. The system makes websites and files censorship-resistant and not vulnerable to regular hosting outages; as long as at least one user in the network continues to share.
JD Supra Law
FEBRUARY 5, 2024
ChatGPT took the world by the storm after OpenAI launched it in November 2022 as a general-purpose AI chatbot that could answer questions ranging from the innocuous to the complex. Since then, similar generative AI applications and the large language models underlying them have proliferated, as have controversies over how they use the works of others.
Erik K Pelton
FEBRUARY 21, 2024
Erik provides updates on one of our most frequently asked questions about the trademark process in this video. The post Update on USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik provides updates on one of our most frequently asked questions about the trademark process in this video.
Plagiarism Today
FEBRUARY 5, 2024
Recently, Kat Von D won a key jury verdict in a trial over a tattoo. However, it has many copyright watchers scratching their heads. The post Why The Kat Von D Ruling is Confusing appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 21, 2024
Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. Everyone involved in the filing and prosecution of a U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention.
Barry Sookman
FEBRUARY 16, 2024
The recent decision in Moffatt v. Air Canada , 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable for negligent misrepresentations made by a chatbot on a publicly available commercial website.
TorrentFreak
FEBRUARY 6, 2024
Last December, Italy’s much-debated ‘Piracy Shield’ anti-piracy system went live in a limited capacity. With a legal challenge thwarted , the blocking efforts are now gearing up, with Internet services as rightsholders’ weapon of choice. Italy’s telecoms regulator AGCOM is the arbiter and previously declared the technological and procedural rules.
JD Supra Law
FEBRUARY 20, 2024
The European Parliament has adopted an amended European Commission proposal to regulate plants engineered using techniques such as CRISPR/Cas and ban any patenting of plants, plant parts, material, genetic information, or methods resulting from these techniques.
Erik K Pelton
FEBRUARY 20, 2024
The following is an edited transcript of my video All About the New USPTO Trademark Search System. At the end of November, 2023, the USPTO launched a brand new search platform for their trademark database. This meant the retirement after more than 20 years of the prior search system, TESS, which had many limitations. The new system is called Trademark Search.
Plagiarism Today
FEBRUARY 26, 2024
A recent study from Indiana University highlights why using AI in academic publishing is a very, very bad idea. The post Why Using AI for Research Papers is a Bad Idea appeared first on Plagiarism Today.
Intellectual Property Law Blog
FEBRUARY 14, 2024
Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions.
Michael Geist
FEBRUARY 14, 2024
Crown copyright, which grants the government exclusive copyright in any any work that is, or has been, prepared or published by or under the direction or control, has long been the focus on copyright and open government advocates who have called for its elimination. Under the current system of crown copyright that dates back for decades, government departments can use copyright to limit the publication or distribution of public works.
TorrentFreak
FEBRUARY 27, 2024
In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. A few hours ago, OpenAI and Microsoft responded to the New York Times complaint, asking the federal court to dismiss several key claims.
JD Supra Law
FEBRUARY 1, 2024
With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver.
Erik K Pelton
FEBRUARY 17, 2024
The following is an edited transcript of my video 4 Tips for a TTAB Hearing. Know the rules in the Trademark Trial and Appeal Board (TTAB). The rules for evidence, the rules for the case, and the rules for the hearing. They’re very similar to the Federal Rules of Civil Procedure, but they have their own nuances and and it’s important to know what they are.
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