Plagiarism Today

DECEMBER 1, 2021

Mr. Beast, real name Jimmy Donaldson, is a YouTuber who has earned a reputation for his massive giveaways, massive projects and expensive stunts. However, one of his most recent videos has been drawing some criticism over allegations that it is plagiarizing its source material. In the video , Mr. Beast recreates all the games from the recent Netflix hit series Squid Game and puts 456 people through them with the promise that the ultimate winner will receive $456,000.

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Plagiarism Derivative Work Copying Licensing 235

Intellectual Property Law Blog

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Sheppard Mullin partner Don Pelto and associates Kazim Naqvi, Rebecca Mackin, and Tom Carr were also key members of the trial team.

Patent Infringement 246

Patent Infringement Patent Government Licensing 246

Plagiarism Today

DECEMBER 1, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Miramax Wins Lawsuit Over ‘Pulp Fiction’ Movie Poster. First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that Miramax has emerged victorious in a lawsuit filed by the photographer of the iconic Pulp Fiction movie poster. Photographer Firooz Zahedi filed the lawsuit alleging that he took the photo of Uma Thurman in April 1994 but that Miramax has gone on to use it in various merchandise ever s

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Plagiarism Reporting Licensing Copyright 182

JD Supra Law

DECEMBER 1, 2021

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

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Invention Inventor Patent Application Patent 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

TorrentFreak

DECEMBER 1, 2021

In the summer of 2019, the Covert Development and Disruption Team of the UK’s North West Regional Organised Crime Unit announced that a then 40-year-old man had been detained in Winsford, Cheshire, following a joint investigation with anti-piracy outfit Federation Against Copyright Theft. Neither police nor FACT initially revealed the identity of the man but did state that he’d been arrested in connection with creating and maintaining a Kodi add-on configured to supply illegal online strea

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Copyright Television Advertising Advertising 142

Erik K Pelton

DECEMBER 1, 2021

There are often warnings and red flags when dealing with trademark application filings at the US Patent and Trademark Office. In this episode Erik reveals five things he frequently sees in trademark applications that should raise a red flag, and how to avoid them. The post Red Flags for Any Trademark Application 🚩🚩🚩 appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Patent 113

Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. The removal of any registered trademark from the register of trademarks based on the non-use of the trademark during a specified period concerning the goods or products specified in the Trademark Application is termed as trademark non-use cancellation.

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Trademark Registering Trademarks Registration Intellectual Property 105

JD Supra Law

DECEMBER 1, 2021

Overview of the metaverse - Facebook’s recent re-branding to Meta1 has significantly increased interest in the “metaverse”. Although the concept of the metaverse is still evolving, it is generally understood to be a persistent virtual environment where users can interact with each other, and increasingly with brands. This new environment will pose both challenges and opportunities for brand owners seeking to extend their engagement with consumers to the virtual world.

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Branding Brands Branding 102

Intellectual Property Brief

DECEMBER 1, 2021

The recent buzz around Non-Fungible Tokens (NFTs) has created a wealth of both opportunity and legal issues. Intellectual Property and Contract law are fascinating for their legal complexities and their adaptability to modern times.

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Non-Fungible Tokens Intellectual Property Contracts Law 98

JD Supra Law

DECEMBER 1, 2021

In a rare move, the interim Director of the U.S. Patent Office granted review of a final written decision in an inter partes review proceeding. In its request for Director review, the patent owner argued that the Patent Trial and Appeal Board’s failure to give weight to objective evidence of nonobviousness in one IPR was legal error for the same reasons cited by the Federal Circuit on appeal of the PTAB’s decision in a related IPR.

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Patent 98

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

Likelihood of Confusion

DECEMBER 1, 2021

"Judge Roberts, I remember Sputnik. I knew Sputnik. Sputnik was a friend of mine. Judge Roberts, the respondent’s system is no Sputnik.". The post Digital Analogy: Behind the Scenes of Aereo appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright 98

JD Supra Law

DECEMBER 1, 2021

BIOGEN INTERNATIONAL GMBH V. MYLAN PHARMACEUTICALS INC. Before O’Malley, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of West Virginia. Summary: A specification may not describe “possession” of an invention in satisfaction of the § 112 written description requirement even though the specification lists dosage ranges encompassing the claimed limitation.

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Invention 98

IAM Magazine

DECEMBER 1, 2021

The Long Read : It’s no longer all about infringement, write Michelle Avery, Nicole McTernan and Drew Sills of Ocean Tomo. Instead, IP specialists are increasingly being called on in a diverse array of corporate lawsuits.

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Litigation IP Patent 98

JD Supra Law

DECEMBER 1, 2021

In Univ. of Strathclyde v. Clear-Vu Lighting LLC, the Federal Circuit grappled with the issue of whether claims directed to methods and systems for inactivating bacteria using blue light were obvious in view of a prior art combination that taught the claimed elements but lacked an indication of success.

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Art Patent 98

Velocity of Content

DECEMBER 1, 2021

On December 2 at noon CET, CCC’s Chris Kenneally will moderate, “ Moving RROs Beyond Text ”, the third of three 60 minutes symposia programmed under the overall theme, Copyright & Collective Licensing: New Demands in the Decade, as part of the IFRRO International Conference. The session will look at new patterns of content creation, use, and re-use, especially video, audio and podcasts, and address issues and concerns related to remote working and distance learning, particularly the impacts

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Content Creation Licensing Copyright Business 97

Managing IP

DECEMBER 1, 2021

Our list includes five notable individuals, the details of whom you can find below along with the full list of names that make up the top 50

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IP 97

TorrentFreak

DECEMBER 1, 2021

Over the past years, adult entertainment company Strike 3 Holdings has filed thousands of cases in US federal courts. These lawsuits target people whose Internet connections were allegedly used to download and share copyright-infringing content via BitTorrent. This practice is often described as “copyright trolling” and the cases almost never go to trial.

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Copyright Settlement Copyright Infringement IP 84

Managing IP

DECEMBER 1, 2021

Our list includes 21 industry leaders, the details of whom you can find below along with the full list of names that make up the top 50

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IP 98

Kluwer Copyright Blog

DECEMBER 1, 2021

Photo by Rock’n Roll Monkey on Unsplash. On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. The UKIPO underlines the crucial role played by AI when it comes to innovation and creativity. With this consultation, the Office seeks to assess whether the current IP regime strikes the appropriate balance to encourage the development of AI and its use across the UK economy

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IP Inventor Invention Intellectual Property 72

The Trichordist

DECEMBER 1, 2021

[A little context: The public comments on the majors’ proposed settlement at the Copyright Royalty Board that freezes mechanical royalties on vinyl and CDs are again attracting… Read more "#FrozenMechanicals Take 2: @sealeinthedeal Finds Some Facts on the NMPA Tax Return and MOU FAQ".

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Settlement Copyright 98

IP Law 360

DECEMBER 1, 2021

A group of educational publishers on Wednesday sued Shopify Inc. in Virginia federal court, alleging the e-commerce company knowingly hosts and enables shop owners to sell pirated digital copies of the publishers' textbooks, test packets and solution materials.

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Publishing Copying 75

JD Supra Law

DECEMBER 1, 2021

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. In this issue: - "Say What Again?": Pulp Fiction Shows us Where NFTs Meet Trademark Law - Watching the Pot™. Please see full Newsletter below for more information.

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Marketing Marketing Trademark Law Patent Infringement 69

IP Law 360

DECEMBER 1, 2021

A patent-holding company agreed Wednesday to end its infringement case against Dish, about a month after the Federal Circuit overrode Judge Alan Albright by transferring the suit from the Western District of Texas to the cable giant's home in Colorado.

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Patent 75

IP Watchdog

DECEMBER 1, 2021

Today, the full Senate Judiciary Committee held a hearing to question two key IP nominees: Judge Leonard Stark of the of the United States District Court for the District of Delaware, who was nominated to replace Judge Kathleen O’Malley on the U.S. Court of Appeals for the Federal Circuit (CAFC); and Katherine Vidal, the nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO).

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IP Intellectual Property Reporting Law 69

Managing IP

DECEMBER 1, 2021

In part two of our generalist-specialist series, counsel at five companies including Sanofi say it’s vital for litigation teams to have deep experts and all-rounders

Litigation 59

Litigation Patent 59

IP Watchdog

DECEMBER 1, 2021

Harrity & Harrity is looking for superstar patent professionals to draft and/or prosecute patent applications for leading global technology companies, including numerous Patent 300® companies. This full-time, permanent position is 100% remote and offers a flexible schedule with steady work and amazing firm culture. The option to work from the Fairfax, Va., office is also available.

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Patent Prosecution Patent Patent Application Technology 69

JD Supra Law

DECEMBER 1, 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. In this issue: - Are Institution Decisions Set in Stone?? - USPTO Lowers Hurdle for LEAP Participation.

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Designs Design Patent 55

IP Watchdog

DECEMBER 1, 2021

Frost Brown Todd is seeking a Patent Prosecution Associate Attorney with 2-4 years of experience in patent prosecution for the Cincinnati, OH, Dallas, TX, or Indianapolis, IN office. This is a full-time, permanent position.

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Patent Prosecution Patent Intellectual Property IP 69

JD Supra Law

DECEMBER 1, 2021

The patent collection is an underused resource for solutions, and yes, it contains a solution to the biggest problem of the day: back in 1980, Lucy Barmby invented a solution to overeating on Thanksgiving (and every other day).

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Patent Invention IP 55

IP Watchdog

DECEMBER 1, 2021

With the Thanksgiving holiday, Patent Trial and Appeal Board (PTAB) (18) filings were down, but district court patent filings held steady at 62, with (again) an astounding number of closed or terminated cases (almost 100), many voluntarily dismissed without prejudice. As reported last week, in Google LLC v. EcoFactor, Inc. IPR, IPR2021-00982, the Board originally denied the petition, citing Fintiv and the statutory timing of International Trade Commission (ITC) investigations.

Patent 59

Patent Reporting Government Litigation 59

JD Supra Law

DECEMBER 1, 2021

In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party Website Using a Web Widget." Like the title suggests, the claims recite a "system for searching and purchasing data subsets from a data seller," which comprises three main components: 1) an e-commerce vendor, 2) a data seller and (3) a data extraction widget.

Patent 55

Patent 55

LexBlog IP

DECEMBER 1, 2021

The U.S. District Court for the Northern District of California recently determined that the owner of the iconic Dr. Martens trade dress—a famous design that has been used for more than three decades—was entitled to a permanent injunction against ITX USA for its use of footwear designs that are similar to the overall visual impression of the Dr.

Designs 52

Designs Design Intellectual Property Registration 52

JD Supra Law

DECEMBER 1, 2021

The U.S. District Court for the Northern District of California recently determined that the owner of the iconic Dr. Martens trade dress—a famous design that has been used for more than three decades—was entitled to a permanent injunction against ITX USA for its use of footwear designs that are similar to the overall visual impression of the Dr. Martens trade dress.

Designs 52

Designs Design 52

LexBlog IP

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Sheppard Mullin partner Don Pelto and associates Kazim Naqvi, Rebecca Mackin, and Tom Carr were also key members of the trial team.

Patent Infringement 52

Patent Infringement Patent Government Invention 52

JD Supra Law

DECEMBER 1, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. v. Qualcomm Inc., No 20-1683 (Fed.

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Licensing Litigation Settlement Art 52