Plagiarism Today
OCTOBER 7, 2021
On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? The story looked at the ongoing feud between two authors, Dawn Dorland and Sonya Larson. To parse the winding tale into the most condensed version possible, the story begins when Dorland made the decision to donate a kidney to a stranger.
Hugh Stephens Blog
OCTOBER 4, 2021
Unabashed booster of—and apologist for—Section 230 of the 1996 Communications Decency Act (CDA), Eric Goldman, recently published an encomium “to help Canadians understand a crucial US law that’s become a flashpoint for heated discussions” (according to the introduction to Goldman’s article distributed by the Santa Clara University School of Law). It was initially released through … Continue reading "Thank You Professor!
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Intellectual Property Law Blog
OCTOBER 8, 2021
This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. The Federal Circuit created controversy in 2020 over its application of the Supreme Court’s subject matter eligibility jurisprudence by finding a method of manufacturing an automobile propshaft ineligible for patent protection.
Erik K Pelton
OCTOBER 8, 2021
The following is an edited transcript of my video, Customs and Border Patrol Registration for Your Trademark. Customs and Border Protection is in the news a lot these days with all sorts of immigration and other issues, but one thing that doesn’t often get a lot of attention is the seizures of counterfeits and trademark violations that CBP makes.
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
OCTOBER 5, 2021
Disclosure: Though I have no relationship or connection with this story, I am a long-time fan of James Rolfe and his work. James Rolfe is one of the most famous YouTubers working today. Best known for his character the Angry Video Game Nerd (AVGN) Rolfe has enjoyed over 17 years of success on YouTube spread across multiple shows. One of those series, Monster Madness, has been a long-running October tradition in our house.
TorrentFreak
OCTOBER 7, 2021
Popular CDN and DDoS protection service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of sites, some of which provide access to copyright-infringing material. Cloudflare prefers to remain a neutral service provider and doesn’t terminate clients based on DMCA notices.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
OCTOBER 4, 2021
Did you know that trademark registration extends protection to all 50 states, plus US territories? The post The United States of Trademarks appeared first on Erik M Pelton & Associates, PLLC.
Plagiarism Today
OCTOBER 6, 2021
On September 15, West Liberty University President W. Franklin Evans, gave the annual freshman convocation speech to a mix of students and faculty. Having only been hired for the position in November 2020, it was Evans’ first time giving such a speech at the university. However, as the speech went on, several faculty members felt somehting was amiss.
TorrentFreak
OCTOBER 4, 2021
Early 2021 a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered releases of GTA 3 and Vice City. The releases allowed fans of these much-loved titles to enjoy them with significant enhancements but the newly polished games weren’t well-received by Take-Two and Rockstar Games. They responded by filing a DMCA takedown notice with Gihub where the code was stored, demanding the removal of the ‘re3’ and ‘reVC’ repositories.
The Trichordist
OCTOBER 4, 2021
Should artists strike the streaming services?
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.
Patently-O
OCTOBER 6, 2021
by Dennis crouch. In re Surgisil, LLP , — 4th — ( Fed. Cir. 2021 ). This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. The decision is only about 600 words long — fewer than may writeup about the case. .
Plagiarism Today
OCTOBER 7, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Spanish Broadcasting System Keeps $800k Fee Win in Music Copyright Case. First off today, Blake Brittain at Reuters reports that the Second Circuit Court of Appeals has upheld a $845,000 award of attorneys fees and costs to the radio station company Spanish Broadcasting System Inc.
TorrentFreak
OCTOBER 3, 2021
The unauthorized copying and distribution of copyrighted content is a multi-billion dollar puzzle that entertainment industry companies are desperate to solve. A lot of effort is going into blocking pirate sites and, occasionally, the operators of these services are taken to court. The third enforcement option is to go after the people who actually pirate the content.
JD Supra Law
OCTOBER 6, 2021
Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a patentee committed inequitable conduct by advancing an argument during patent prosecution that contradicted the patentee’s prior arguments and evidence submitted to the….
Patently-O
OCTOBER 8, 2021
by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia. And, there are dozens of companies that make and sell ugg boots in that country, including Australian Leather Pty. Ltd. The original name “ugh” came from 1970s surfer Shane Stedman who has been quoted as saying “We called them Ughs because they were ugly.” UGG i
Plagiarism Today
OCTOBER 5, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘Friday the 13th’ Writer Wins Appeal in Copyright Termination Case. First off today, Brian Welk at The Wrap reports that a judge has granted copyright termination for the film Friday the 13th, allowing both the writer, Victor Miller, from the film’s producer/director, Sean S.
TorrentFreak
OCTOBER 8, 2021
Hosting providers are generally seen as neutral intermediaries but some copyright holders believe that these companies should bear more responsibility. This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. courts as well. Lawsuits Target VPN Piracy. Over the past months, a group of independent movie companies filed a series of lawsuits against VPN providers and their hosting companies.
The IPKat
OCTOBER 7, 2021
I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. advance (IP) directive. Despoina and Simon also recommend some music background by Anderson.Paak to accompany the reading of the article.
Patently-O
OCTOBER 3, 2021
by Dennis Crouch. TBL Licensing, LLC v Hirshfeld , Docket No. 1:21-cv-00681 (E.D. Va. Jun 04, 2021). I previously wrote about the TTAB decision denying TBL’s attempt to register the shape of its Timberland Boots as a protectable trade mark. Crouch, Iconic Timberland Boots–Trade Dress Worthy? Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration.
JD Supra Law
OCTOBER 8, 2021
Increasingly, companies are using artificial intelligence to invent new methods and products. But can a named inventor be a non-human machine under the law? .
TorrentFreak
OCTOBER 5, 2021
While the Alliance for Creativity and Entertainment has built a reputation for shutting down pirate IPTV services by various means, US broadcaster DISH is more prolific when it comes to actual lawsuits. Over the years DISH has filed large numbers of civil lawsuits, some based on copyright law and others the Federal Communications Act. Some of these complaints are met by defendants who wish to engage in court but there are others that are completely one-sided affairs, with DISH doing all the lega
Plagiarism Today
OCTOBER 6, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RIAA Secures ‘Victory’ Against YouTube Rippers and Seeks $82m in Damages. First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has secured a default victory against a pair of YouTube ripping sites and is asking the court for some $82 million in damages from the sites’ owner.
Patently-O
OCTOBER 5, 2021
When you visit the website france.com , you’ll be quickly redirected to the French government’s explore-France travel site: france.fr. But, the US-company France.com, Inc. believes that the country stole the.com site. The case is now pending before the Supreme Court on petition for writ of certiorari is France.com v. The French Republic , Docket No. 21-448 (Supreme Court 2021).
IP Watchdog
OCTOBER 7, 2021
American creators know how to celebrate Halloween: Whether they’re writing a mystery novel, shooting a horror movie, or painting a calavera, they’re a huge part of the season. Unfortunately, this year, there’s a monster lurking that creators didn’t manufacture: The American Law Institute’s (ALI’s) Copyright Restatement Project. The ALI is an independent organization that produces and publishes academic papers, including “Restatements of Law”—papers on legal subjects that judges and lawyers can u
TorrentFreak
OCTOBER 6, 2021
The major record labels believe that YouTube rippers are the most significant piracy threat on the Internet. These sites, which can serve a variety of purposes, are used by some to convert free YouTube videos into MP3s. FLVTO.biz and 2conv.com Lawsuit. The RIAA and several of its members have taken legal action to curb this threat. They previously sued YouTube-MP3, the world’s largest ripping site at the time, which resulted in the site shutting down in 2017.
Technology & Marketing Law Blog
OCTOBER 6, 2021
by guest blogger Marketa Trimble. The location of a datacenter matters—the location of third-party datacenters affects companies’ (datacenter customers’) decisions whether to use the datacenters for colocation or other services. Part of any assessment of the suitability of a datacenter location should be the legal implications that may arise from locating servers in a particular jurisdiction, including the possibility that local courts could extend their jurisdiction over the datacenter’s custom
Patently-O
OCTOBER 4, 2021
New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Below they summarize their findings. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law?
IP Watchdog
OCTOBER 3, 2021
Over the last several days, the Wall Street Journal has reported on numerous federal district court judges that it says have violated the Code of Judicial Conduct by not recusing themselves in cases where they, or their spouse, held a pecuniary interest. The Journal reporting finds that, in most cases, the judges seem to have mistakenly believed that if they or their spouses owned stock in a company and their portfolio was blindly or privately managed by a money manager without input or knowledg
TorrentFreak
OCTOBER 4, 2021
YTS.mx is one one of the most-used torrent sites on the internet, serving millions of visitors every day. The site can be used without registering an account. However, those who sign up get some extra features, such as an option to bookmark titles. These added benefits can be handy but registering an account with a pirate site is not without risk. Early last year the operators of YTS signed a settlement agreement with several movies studios, which put many of the site’s users at risk.
Technology & Marketing Law Blog
OCTOBER 5, 2021
This case involves Tanner’s comments on the Arkansas State Police’s Facebook page. The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. The Manually Deleted Comment. One State Police post to Facebook referenced a police officer who Tanner had interacted with.
Patently-O
OCTOBER 6, 2021
by Dennis Crouch. CosmoKey Solutions v. Duo Security ( Fed. Cir. 2021 ). Patentee wins this one–with the Federal Circuit reversing the district court and finding the claims on patent-eligibility under Alice step-two. This is another case that serves as a data-point, but I struggle to differentiate it from similar cases finding claims ineligible.
IP Watchdog
OCTOBER 4, 2021
The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a district court decision that patent claims directed to an “authentication method” were ineligible as abstract under Section 101. The CAFC said that the claims at issue satisfied Alice step two because they “recite a specific improvement to a particular computer-implemented authentication technique” and were thus eligible for patenting.
TorrentFreak
OCTOBER 5, 2021
Over the past two decades, online piracy has proven a massive challenge for the entertainment industries. It’s a global issue that’s hard to contain, but various anti-piracy group are doing their best to fight back. The Alliance for Creativity and Entertainment ( ACE ) has been at the forefront of this battle. The coalition is led by the Motion Picture Association (MPA) which represents the major Hollywood studios and Netflix.
SpicyIP
OCTOBER 3, 2021
Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Poster for Zolgensma. In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act.
Patently-O
OCTOBER 6, 2021
by Dennis Crouch The Federal Circuit has been tearing through mandamus petitions on the issue of inconvenient venue under Section 1404(a). The issue comes up in cases where venue is proper and the court has personal jurisdiction over the defendant, but for whatever reason the particular venue chosen by the plaintiff is inconvenient. Thus, the statute provides a district court with discretion to move venue “[f]or the convenience of parties and witnesses, in the interest of justice.” 2
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