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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Hugh Stephens Blog
AUGUST 16, 2021
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!
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?
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.
Erik K Pelton
AUGUST 14, 2021
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
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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.
Plagiarism Today
AUGUST 19, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Disney’s Profits From ‘Deadpool,’ ‘Guardians of the Galaxy’ at Risk in Upcoming Trial. First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that a judge has denied a summary judgment motion made by Disney, setting the stage for a potential trial over whether the company violated copyright with the special effects in several of its movies.
Erik K Pelton
AUGUST 16, 2021
The following is a transcript of my video Big Businesses Need Trademark Protection; Small Businesses Need It Even More. Over the last 20 years, I have been so incredibly blessed to work with thousands of small businesses. The vast majority of my clients have been small businesses. Some of them family—literally family-run—including my own family’s restaurant businesses.
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.
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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 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.
Plagiarism Today
AUGUST 16, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Man Files Copyright Lawsuit Against Nickelback Over ‘Rockstar’ First off today, Lauryn Schaffner at Loudwire reports that a musician named Kirk Johnston has filed a lawsuit against Nickelback, Roadrunner records and others involved with the band. The lawsuit alleges that the 2005 Nickelback hit Rockstar is a copyright infringement of his 2001 song Rock Star.
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 20, 2021
Millions of people around the world use pirate apps on their mobile devices to stream TV-shows and movies. This is a problem for copyright holders, which have tried to tackle the problem in recent years, both in and outside of court. Hawaiian attorney Kerry Culpepper has been particularly active on the legal front. Representing a variety of movie companies, he has gone after users, site operators, and developers connected to Popcorn Time, Showbox, and other apps.
IP Watchdog
AUGUST 16, 2021
Recently, USPTO Commissioner for Trademarks David Gooder wrote on the USPTO Director’s Forum Blog that registrations for U.S. trademarks are up 63% from the same period in 2020. The USPTO received over 92,600 trademark applications in December 2020 alone. This has caused delays in a number of stages in the trademark process, including a current pendency of 75 days (as of July 5, 2021) for the Pre-Examination Unit of a TEAS application.
Plagiarism Today
AUGUST 18, 2021
Yesterday, Epic Games, the company behind the wildly-popular game Fortnite , announced the launch of a new game mode for its crown jewel: Imposters. However, almost immediately after the new mode was announced, gamers began to draw similarities and comparisons to another extremely popular video game , Among Us. For gamers and journalists, the similarities were obvious.
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.
TorrentFreak
AUGUST 14, 2021
In March 2020, with the world gripped by the coronavirus pandemic, the Internet Archive (IA) offered a new service to help displaced learners. The National Emergency Library (NEL) was built on IA’s existing Open Library and initially granted access to more than a million scanned books so that people could educate themselves while in quarantine.
IP Watchdog
AUGUST 17, 2021
When an influencer is paid to promote a brand – and the brand’s name is trademark-infringing – can the influencer be on the hook for the infringement? A federal district court just said yes. The result could widely expand trademark litigation against influencers – and could reshape how companies and their influencers relate to one another contractually.
Plagiarism Today
AUGUST 17, 2021
Ever since blockchain technology came onto the scene, some have been trying to find a way to find a way to use it to help with copyright and intellectual property issues. However, as we discussed back in April , blockchain is really a solution looking for a problem when it comes to copyright. In short, the issues that copyright holders face day-to-day can’t be solved by blockchain and the issues that blockchain can solve are better solved through other means already.
The IPKat
AUGUST 17, 2021
There are still some weeks of summer left, and so, if you are searching for the perfect (IP) read, this Kat has the pleasure to introduce you to ‘ The Transformation of EU Geographical Indications Law ’, by Andrea Zappalaglio (Routledge, 2021). The book looks at the evolution of the origin link – the key aspect of the EU’s sui generis geographical indications (GI) system.
TorrentFreak
AUGUST 19, 2021
Last June, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive for copyright infringement , describing its ‘Open Library’ as operating like a pirate site. The Internet Archive (IA) sees things differently, noting that its ‘Controlled Digital Lending’ process operates for purposes including preservation, access and research, therefore meeting ‘fair use’ standards.
IP Watchdog
AUGUST 18, 2021
On August 17, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, vacated in part, and remanded two final written decisions from the Patent Trial and Appeal Board (PTAB or Board) involving inter partes review (IPR) proceedings that affirmed the patentability of two of Ironburg Inventions Ltd.’s patents.
Plagiarism Today
AUGUST 17, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 8th Circuit Revives Copyright Dispute Over House Floor Plans. First off today, Blake Brittain at Reuters reports that the 8th Circuit Court of Appeals has reinstated a copyright infringement lawsuit against the realtors Columbia House of Brokers Realty over the alleged infringement of floor plans.
Patently-O
AUGUST 19, 2021
By Jason Rantanen. I’m getting ready to teach my Fall 2021 Patent Law class, and that means doing an updated patent grant graph. This year’s version shows U.S. utility patents granted per year from 1840-2020: Data for 2021 isn’t included in the table, but as of July 31, 2021, the authority file contains 195,480 patents. If the pace remains the same, that would predict about 335,000 patents granted this calendar year–around 10% lower than 2020 (356,640 granted patents).
TorrentFreak
AUGUST 17, 2021
Most pirate sites and apps won’t survive without advertising revenue. This is why the advertising industry is seen as an important partner to combat piracy. Major copyright holder groups hope to convince major players to stay clear from anything piracy-related to drain infringing sites of their income. Several voluntary initiatives have been set up to facilitate this process.
IP Watchdog
AUGUST 14, 2021
Despite India’s progress in many areas, from science to literature to technology, protection for intellectual property rights (IPR) is a topic that has come under scrutiny. The IP laws in India have remained vastly unchanged and unreviewed over the past few decades. Recently, however, the Parliamentary Standing Committee on Commerce (PSCC) decided to review IPRs in India.
Technology & Marketing Law Blog
AUGUST 16, 2021
Blackbaud “provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” In a very unfortunate development, cybercriminals hacked into Blackbaud’s database and exfiltrated personal data.
Patently-O
AUGUST 17, 2021
by Dennis Crouch. Valve Corp. v. Ironburg Inventions ( Fed. Cir. 2021 ). Duncan Iron monger and Simon Burg ess founded the UK companies Scuf Gaming and also Ironburg with the goal of reengineering the gaming console. Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S.
TorrentFreak
AUGUST 16, 2021
In 2017 the RIAA sued Grande Communications for failing to take meaningful action against customers who allegedly carried out more than a million BitTorrent-based infringements. Now it’s the turn of more than two dozen movie companies to launch a legal attack against Grande on a similar basis, this time for the alleged downloading and sharing of movies including Angel Has Fallen, Extremely Wicked, Shockingly Vile and Evil, Hellboy, Rambo V: Last Blood, The HItman’s Bodyguard, and Dal
IP Watchdog
AUGUST 19, 2021
On August 11, the U.S. Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark Office (USPTO) trademark registration process. Since 2015, the USPTO has seen a rapid uptick in potentially fraudulent trademark applications, and a previous audit in 2012 found that more than 50% of audited trademark maintenance filings contained goods/services not in use in commerce.
Technology & Marketing Law Blog
AUGUST 19, 2021
Classmates offers paywalled access to yearbook info. Classmates allows free searches, and the “search results provide a free preview of the services and products with a photo and name of an individual to entice the user to purchase Classmates’ services and products.” One of the individuals, Knapke, initiated a class action against Classmates for the ads.
JD Supra Law
AUGUST 20, 2021
A plant patent is granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. In this Industry Snapshot, we review the cannabis plant patents issued by the U.S. Patent Office between December 20, 2016 and June 29, 2021.
TorrentFreak
AUGUST 18, 2021
For roughly two decades, copyright holders have been sending notices to ISPs, alerting them that subscribers are sharing copyrighted material. Under the DMCA, providers must terminate the accounts of repeat infringers “in appropriate circumstances” but actual disconnections are relatively rare. Many copyright holders would like to see ISPs handle things differently, something which has led to a list of lawsuits that continues to expand every year.
IP Watchdog
AUGUST 17, 2021
The U.S. Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans. While the appeals court said that another defense might well be available to the companies, the text of the statute, the broader statutory context, and the legislative history all suggest that “floorplans” were not intended to be encompassed by Section 120(a
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