Plagiarism Today

FEBRUARY 21, 2022

A recent article on Retraction Watch tells the story of Svein Åge K. Johnsen and Ingeborg Olsdatter Busterud Flagstad, two researchers from the Inland Norway University of Applied Sciences. For over a year, the pair have been trying to publish a paper about green entrepreneurship, focusing on “small-scale Norwegian manufacturing companies.” In January 2021, the pair submitted it to the International Small Business Journal , a SAGE journal.

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Plagiarism Journalism Publishing Due Diligence 233

Erik K Pelton

FEBRUARY 21, 2022

The following is a transcript of my video The Time I Got a Negative Review. Our topic : the only time I’ve received a negative review online. And it’s still up there. I have not contested, or taken it down, because it is true that this client did not receive approval for their trademark application. Because many filers of trademark applications do not receive approval from the USPTO.

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Trademark Registration 147

TorrentFreak

FEBRUARY 24, 2022

From the day the first computer and video games were published, people have been able to pirate them. In the early days that involved copying cassettes and floppy disks and today most unauthorized copying takes place over the Internet. Over the past decades, a subset of gaming fans have united in Scene groups to ensure a steady stream of cracked games, i.e those that have had their protections removed.

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Copying Branding Branding Brands 145

IP Watchdog

FEBRUARY 23, 2022

In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S. Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Established by regulation in 1995, the Review Board is responsible for hearing final administrative appeals following two opportunities for a claimant to appeal copyright r

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Copyright Artwork Ownership Registration 145

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

Plagiarism Today

FEBRUARY 24, 2022

Today, the United States Supreme Court handed down what will likely be one of the most important copyright verdicts in some time as it ruled 6-3 in favor of Unicolors in their long-running dispute against H&M. The dispute centers around a series of alleged infringements by H&M. According to the lawsuit, Unicolors created and registered a copyright in a pattern that H&M used when creating multiple products.

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Registration Copyright Infringement Copyright Blogging 229

Patently-O

FEBRUARY 23, 2022

Guest post by Professors Sarah Burstein (University of Oklahoma) and Saurabh Vishnubhakat (Texas A&M University). In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected.

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Design Patent Design Designs Patent 134

SpicyIP

FEBRUARY 24, 2022

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. The deadline for submissions is 10th March, 2022.

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IP Intellectual Property Blogging Moral Rights 129

Plagiarism Today

FEBRUARY 23, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The US Copyright Office Says an AI Can’t Copyright its Art. First off today, Adi Robertson at The Verge reports that the U.S. Copyright Office has declined to register the copyright of an AI-created image that it says did not include an element of “human authorship.” The decision was made by the three-person Copyright Review Board, which was reviewing an earlier denial of registration by the U.S.

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Copyright Copyright Infringement Licensing Marketing 221

IP Watchdog

FEBRUARY 22, 2022

You may have heard that on January 1, 2022, Winnie-the-Pooh and the other characters from the Hundred Acre Wood are now in the public domain. But did you know that not all of Christopher Robin’s friends are treated the same in the eyes of copyright law? The characters have multiple authors, including A.A. Milne who first published Winnie-the-Pooh in 1926, and The Walt Disney Company, which brought the stories to the screen.

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Public Domain Copyright Copyright Law Publishing 128

TorrentFreak

FEBRUARY 21, 2022

By providing a massive library of scientific and academic publications for free, Sci-Hub and Libgen have achieved a somewhat unique status in the ‘pirate’ market. On the one hand, the platforms freely spread knowledge and education, two of the most valuable commodities for those seeking a more enlightened and progressive global community.

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Publishing Copyright Journalism Copyright Infringement 144

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.

Patent

The IPKat

FEBRUARY 20, 2022

This Kat dreams (or has nightmares) of anti-suit injunctions The EU is eager to promote innovation and growth in a digital age, but whose? This is the question one might reasonably ask on learning of the EU's launch of a complaint at the WTO against China last Friday, 18 February 2022. The substance of the complaint is the allegation that Chinese courts are obstacles to European companies' legitimate enforcement of telecom patents on technologies such as 3G, 4G, and 5G through the use of anti-su

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Patent Technology Art 128

Plagiarism Today

FEBRUARY 21, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What? First off today, Andy Maxwell at Torrentfreak writes that Watch Tower, is pushing ahead with a copyright infringement lawsuit against YouTuber “Kevin McFree” (not his real name) in hopes of revealing the YouTuber’s real name.

Copyright Infringement 183

Copyright Infringement Fair Use Copyright Plagiarism 183

IP Watchdog

FEBRUARY 21, 2022

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S. Court of Appeals for the Federal Circuit (CAFC) requesting that he be allowed to present evidence not of record to demonstrate that bias at the TTAB may have had a negative impact on his opp

Music 126

Music Registration Trademark Litigation 126

TorrentFreak

FEBRUARY 21, 2022

Roughly 25 years ago, Google started its business as a simple and straightforward search engine. The startup swiftly captured a dominant market share and branched out into other businesses, including online advertising and video streaming. Google is a leading player in all of these markets today. This brings in a yearly revenues of hundreds of billions of dollars, an amount that continues to go up at a rapid pace.

Copyright 144

Copyright Copyright Infringement Reporting Advertising 144

Kashishipr

FEBRUARY 23, 2022

In the present emerging digital economy, innovators keep coming up with new ideas for the manufacturing sector with the potential to change and evolve the already existing ways of working and discover new ones. The issue that the manufacturers in different industries face is not that today’s technology has transformed and become exceedingly complicated.

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Intellectual Property IP Licensing Technology 119

Velocity of Content

FEBRUARY 23, 2022

In the course of our work here at CCC, and due to our own personal hunger for knowledge, we try to keep up — at least on a basic, laypersons’ level —on top-notch scientific information. And, like many other people, we find podcasts are an efficient and effective means of keeping up on science topics of interest. My commute time ( or occasional mid-afternoon power nap ) is almost completely allocated to listening to podcasts – radio content on demand and on my schedule.

Technology 116

Technology Publishing Business Copyright 116

IP Watchdog

FEBRUARY 24, 2022

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) today revealed its 2022 International IP Index, “Compete for Tomorrow,” which is now in its tenth edition. Last year, the report focused on the role of effective intellectual property (IP) frameworks in helping economies to combat and recover from the COVID-19 pandemic and identified several emerging economies that had made significant improvements.

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IP Intellectual Property Editing Reporting 124

TorrentFreak

FEBRUARY 22, 2022

Pirate site blockades are the preferred anti-piracy tool for many copyright holders around the world. This is also the case in Australia, where blocking injunctions are commonplace today. This week, a group of prominent Hollywood studios, Netflix, and Village Roadshow, obtained the latest blocking order in Australia’s Federal Court. Fresh Blocking Order.

Copyright 144

Copyright Copying IP 144

JD Supra Law

FEBRUARY 25, 2022

The advent of distributed ledger technology has ushered in a new digital era – a decentralized internet, neither owned nor controlled by a central authority. While blockchain enthusiasts hail this lack of centralization as representing a new chapter of freedom and individual empowerment, the punchline for brands is that the absence of adjudicating bodies and authorities also brings an abundance of uncertainty, risk, and discomfort.

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Branding Branding Brands Technology 109

IPilogue

FEBRUARY 23, 2022

Photo by Charles Fair ( Unsplash ). Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Over the past few years, there has been a rise of copyright strikes purporting to moderate infringing content on YouTube. Although this may protect copyright holders such as musicians and artists, its potential for misuse can frustrate efforts to hold people and institutions accountable , as is the case here.

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Fair Use Music Copyright Privacy 105

IP Watchdog

FEBRUARY 22, 2022

On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed with the Patent Trial and Appeal Board’s (PTAB’s) decision that the original claims of Zaxcom’s U.S. Patent No. 9,336,307 for Engineering Emmy® and technical OSCAR award-winning wireless microphone technology were unpatentable as obvious. However, the court upheld the substitute claims Zaxcom had proposed.

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Technology Patent Litigation Intellectual Property 119

TorrentFreak

FEBRUARY 22, 2022

PrimeWire is a popular streaming portal that provides a database of links to pirated movies and TV shows hosted by third parties. It’s been around for at least eight years but in December 2021 it became clear that major movie and TV show companies had seen enough. In a lawsuit filed by Paramount, Universal, Warner, Columbia, Disney and Netflix in the United States, the studios accused PrimeWire of massive copyright infringement by encouraging users of the site to upload links to pirated co

Advertising 141

Advertising Advertising Copyright Copyright Infringement 141

43(B)log

FEBRUARY 22, 2022

Request for Submissions Harvard/Yale/Stanford Junior Faculty Forum June 9-10, 2022, Harvard Law School Harvard, Yale, and Stanford Law Schools are soliciting submissions for the 22nd session of the Harvard/Yale/Stanford Junior Faculty Forum, to be held at Harvard Law School on June 9-10, 2022. Twelve to twenty junior scholars (with one to seven years in teaching) will be chosen, through a double-blind selection process, to present their work at the Forum.

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Intellectual Property Law Contracts Litigation 145

IPilogue

FEBRUARY 22, 2022

Madelaine Lynch is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. I am extremely grateful for the 10 short weeks I got to spend (virtually) at ventureLAB. ventureLAB is not-for-profit technology hub in York Region which is not only an amazing resource for tech companies, but also an amazing place to work. ventureLAB works with start-ups from the early to l

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IP Blogging Technology Patent 105

IP Watchdog

FEBRUARY 24, 2022

In a 6-3 decision today, the U.S. Supreme Court held that Section 411(b) of the U.S. Copyright Act “does not distinguish between a mistake of law and a mistake of fact; lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under §411(b)(1)(A)’s safe harbor.” The decision comes after Unicolors, Inc. petitioned the Court in January of last year, asking whether the Ninth Circuit erred in determining that Section 411 required referral to the Copyright Office

Registration 111

Registration Copyright Law Litigation 111

TorrentFreak

FEBRUARY 25, 2022

ResearchGate is a social networking site aimed at the academic community. Its users, which currently number around 20 million, are able to upload content to the platform, which at times includes published research papers. In September 2017 the International Association of Scientific, Technical, and Medical Publishers (STM) wrote to ResearchGate on behalf of 140 publishers.

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Publishing Copyright Reporting Ownership 140

U.S. Department of Commerce

FEBRUARY 23, 2022

National Black History Month: Honoring a Century of Excellence in Data Collection and Use. February 23, 2022. KCPullen@doc.gov. Wed, 02/23/2022 - 17:18. For more than 100 years, African American leaders in the Department of Commerce have been making significant, innovative contributions to our collection of data to help us better understand our country and our world.

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Government Editing Business Law 102

IPilogue

FEBRUARY 25, 2022

Photo by Roberto Nickson ( Pexels ). Andrew Masson is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Popular Twitch streamer Jeremy “Disguised Toast” Wang has exposed a massive flaw in the live-streaming platform Twitch’s copyright compliance measures. For those unfamiliar, Twitch is a live-streaming platform where content creators (i.e., streamers) broadcast themselves to an audience doing almost anything including playing video games, cooking, making music, performing

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Music Moral Rights Copyright IP 102

IP Watchdog

FEBRUARY 25, 2022

This week in Other Barks & Bites: Senator Tillis tells Becerra not to fall for march-in rights petitions; the U.S. Supreme Court asks the Solicitor General to brief the court on the views of the U.S. federal government regarding the Article III standing issues in Apple v. Qualcomm; Sen. Grassley asks DHS Secretary Mayorkas to dispel concerns that the OPT STEM program is expanding beyond its original mission of aiding the U.S. high tech workforce; the United States remains top ranked in the

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Registration Government IP Copyright 105

TorrentFreak

FEBRUARY 25, 2022

Every year the US Trade Representative publishes a new update of its Special 301 Report , highlighting countries that fail to live up to U.S copyright protection standards. The annual overview is meant to motivate foreign governments to improve policy and legislation in favor of US copyright holders. This year’s list will be published in a few weeks.

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Music Government Intellectual Property Publishing 136

JD Supra Law

FEBRUARY 25, 2022

The institution rate for post-grant petitions in FY 2022 through the end of January 2022 (Oct. 1, 2021 through January 31, 2022) stands at 63% (279 instituted, 164 denied) compared to 59% in the previous fiscal year.

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Michael Geist

FEBRUARY 21, 2022

After several weeks of protests, occupation, and border crossing blocking, the Canadian government took the unprecedented step last week of invoking the Emergencies Act. The situation is rapidly evolving and still being debated in the House of Commons. Dr. Leah West is an Assistant Professor of International Affairs at the Norman Paterson School of International Affairs at Carleton University and one of Canada’s leading experts on national security law.

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Law Government 101

IP Watchdog

FEBRUARY 25, 2022

It was a typical week in terms of overall patent filing numbers, with 31 Patent Trial and Appeal Board (PTAB) filings, 56 district court complaints, and some 50-odd terminations; continued filings of inter partes reviews (IPRs) against Ericsson by Apple in their sprawling 5G fight; a Raymond Anthony Joao sub brought a 33-patent complaint (mostly expired) on shipping tracking; Fortress entities were on the receiving end of a few IPRs; and in Europe, a Fortress entity secured an injunction against

Patent 105

Patent Branding Branding Brands 105

TorrentFreak

FEBRUARY 23, 2022

As one of the more popular user-submitted content sites on the internet today, Reddit and its community moderators have to work hard to keep the platform in order. In 2021, Reddit’s users created nearly 5.8 billion posts, comments, private messages and chats across the platform, with 297,161,752 later being removed by moderators (around 175.8k), removed by site admins (108.6K), and the authors themselves (12.6K).

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Copyright Infringement Copyright Copyright Notice Reporting 123

JD Supra Law

FEBRUARY 25, 2022

Patent claim limitations that are “negative”—that is, claim limitations specifying the absence of a particular element from the patent claim—can pose a dilemma in the written description context. How much of the specification should be devoted to something that is not supposed to be part of the claim?

Patent 101

Patent 101