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.
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!
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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.
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.
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?
TorrentFreak
AUGUST 16, 2021
Scammers have been around for centuries but, on the Internet, they can reach broader audiences than ever. Most people are familiar with ransomware, trojans, and the prince who inherited millions of dollars. These ploys are targeted at anyone who’s willing to bite. Scams can also be more tailored towards a specific audience. This includes people who search the web for pirated content.
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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.
IP Watchdog
AUGUST 16, 2021
The U.S. Court of Appeals for the Federal Circuit today issued two precedential decisions and one nonprecedential decision in cases involving Teva Pharmaceuticals and Eli Lilly, delivering wins and losses for each company. The cases relate to “humanized antagonist antibodies that target calcitonin gene-related peptide (‘CGRP’)” and methods of using such antibodies.
IPilogue
AUGUST 16, 2021
Photo by Max Cortez ( Unsplash ). Ryan Erdman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law. . . In 2015, Inside Out captivated audiences with its creative insight into the emotional landscape of a pre-teen girl named Riley. The film’s main characters are manifestations of young girl’s internal emotions that attempt to help her navigate various experiences and challenges in her life.
IP Watchdog
AUGUST 16, 2021
One of the sectors of the U.S. economy that has seemingly thrived through the COVID-19 pandemic—indeed, because of the pandemic—has been food delivery services. Buoyed by successful firms like GrubHub and DoorDash, food delivery apps have benefitted from increased demand due to social distancing and shelter-in-place orders during the pandemic. The top four delivery apps saw a year-over-year increase of $3 billion in combined revenues when comparing the second and third quarters of 2019 and 2020.
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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.com
AUGUST 16, 2021
Research suggests that 28% of patents are at least partially invalid. That number may be even higher—as much as 56%—in industries like software and business methods. This issue is somewhat. The post Low Quality Patents’ Threat to the Patent System appeared first on IP.com - IP Innovation and Analytics.
Barry Sookman
AUGUST 16, 2021
The Office of the Superintendent of Financial Institutions (OSFI) just released updated requirements governing how federally regulated financial institutions (FRFIs) should disclose and report technology and cyber security incidents to OSFI. The Advisory, which affects federally regulated banks, insurance companies, and credit unions, replaces the January 2019 Cyber Security Incident Reporting Advisory , which came into effect in March 2019.
JD Supra Law
AUGUST 16, 2021
According to an article published in Nature Biotechnology, Harvard and MIT researchers invented a face mask for detecting SARS-CoV-2, the virus that causes COVID-19, via a user’s breath. Instead of relying on a lab, the personal device uses sensors that use wearable freeze-dried cell-free (wFDCF) technology. .
Michael Geist
AUGUST 16, 2021
The Supreme Court of Canada recently brought a lengthy legal battle between Access Copyright and York University to an end, issuing a unanimous verdict written by retiring Justice Rosalie Abella that resoundingly rejected the copyright collective’s claims that its tariff is mandatory, finding that it had no standing to file a lawsuit for copyright infringement on behalf of its members, and concluding that a lower court fair dealing analysis that favoured Access Copyright was tainted.
JD Supra Law
AUGUST 16, 2021
In June, Senior Party ToolGen filed its Substantive Preliminary Motion No. 2 to deny Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") priority benefit to its U.S. Provisional Application No. 61/757,640, filed January 28, 2013 ("Provisional 3"), pursuant to 37 C.F.R. §§ 41.121(a)(1)(ii) and 41.208(a)(3) and Standing Order ¶ 208.4.1.
43(B)log
AUGUST 16, 2021
Pasadena Tournament of Roses Ass’n v. City of Pasadena, 2021 WL 3553499, No. 2:21-CV-01051-AB-JEMx (C.D. Cal. Jul. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s Day Celebration. It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement.
The IPKat
AUGUST 16, 2021
Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not
IP Law 360
AUGUST 16, 2021
Law firms are facing a renewed push to fix a longstanding lack of diversity, and this year's Diversity Snapshot provides a stark perspective on where they stand and how far they have to go. Here's our deep dive into minority representation at law firms in 2020.
The IPKat
AUGUST 16, 2021
Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. In the application by Dr Thaler, an artificial intelligence system (AI system), which has been described as a device for the autonomous bootstrapping of unified sentience (DABUS), was named as the inventor.
43(B)log
AUGUST 16, 2021
Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2021 WL 3552175, No. 20-24681-Civ-Scola (S.D. Fla. Aug. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. The Marketing Defendants allegedly advertise their services on the Third-Party Marketing Defendants’ websites that rate various timeshare exit companies.
U.S. Department of Commerce
AUGUST 16, 2021
Invention-Con 2021: Capitalizing on Your Intellectual Property. August 16, 2021. ASowah@doc.gov. Mon, 08/16/2021 - 10:46. Intellectual property. Are you a young or independent inventor, an entrepreneur, or a small business owner whose success depends on guarding your creative work? Then don’t miss your chance to learn how different types of intellectual property (IP), such as patents, trademarks, and copyrights, are critical to your business strategy. .
The Trichordist
AUGUST 16, 2021
[Chris Castle says: Here’s the context of this post. As it turns out, the CRB extended the filing deadline for comments due to what they said was a technical difficulty, although we have yet to meet anyone who couldn’t file their comment on time.
IP Law 360
AUGUST 16, 2021
A mattress company that was sued for trademark infringement is asking the U.S. Supreme Court to weigh in on the disputed doctrine of "initial interest confusion," calling it "outdated and illogical" in the internet age.
JD Supra Law
AUGUST 16, 2021
SEABED GEOSOLUTIONS (US) INC. v. MAGSEIS FF LLC. Before Moore, Linn, and Chen. Appeal from the Patent Trial and Appeal Board. Where a claim term’s meaning is clear from the intrinsic evidence, no extrinsic evidence of special meaning is considered.
IP Law 360
AUGUST 16, 2021
The Eighth Circuit on Monday revived an architect's copyright case against multiple real estate developers, finding that real estate companies can't invoke a fair use clause from an architectural works law to defend against copyright infringement claims over home floorplans.
The IPKat
AUGUST 16, 2021
Conferences, webinars On September 6 to 8, WIPO is holding its biannual Worldwide Symposium on Geographical Indications (GIs), this time virtually. Attendance is free of charge and topics such as commercialization strategies for GIs, and challenges for GIs and the Internet Domain Name System, will be covered. Vacancies WIPO and Invent Together are recruiting for a Research Fellowship on Gender & IP.
IPilogue
AUGUST 16, 2021
We are pleased to announce the call for our Senior IPilogue Team for the 2021/22 academic year! If you are passionate about writing or editing, or you are interested in building your presence or being published in IP law, this is a great opportunity for you. Senior Editor (up to 2 positions available). Senior IPilogue Editors review contributors’ content before it is approved by the Managing Editor and posted by the Content Manager on the website.
43(B)log
AUGUST 16, 2021
CoStar Group, Inc. v. Commercial Real Estate Exchange Inc., No. CV 20-8819 CBM(ASx), 2021 WL 3566415 (C.D. Cal. Jun. 9, 2021) CoStar owns a number of digital marketplaces containing listings of real estate for sale and for lease. Its LoopNet is allegedly “the leading digital marketplace for commercial real estate,” and contains CoStar’s copyrighted images, data from the CoStar database, and edits made by CoStar to “improve marketability.
The TTABlog
AUGUST 16, 2021
The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them, keeping in mind that the Board affirms, by my calculation, some 90% of these refusals. Answer(s) will be found in the first comment. In re Alpha Link Trading Ltd. , Serial No. 88617904 (August 5, 2021) [not precedential] (Opinion by Judge Cheryl S.
IP Tech Blog
AUGUST 16, 2021
With the end of the Brexit transition period on 31 December 2020, the EU legislation governing the EU trade mark and design system ceased to apply to the UK. For the holders of existing European Union Trade Marks (EUTMs) and Registered Community Designs (RCDs) including EU designations under the Madrid system, the UK IPO created over 2 million comparable trade marks and re-registered designs (“clones”) that have the same legal status as if they had been applied for and registered under UK law.
JD Supra Law
AUGUST 16, 2021
In Compulife Software Inc. v. Newman, 959 F.3d 1288 (11th Cir. 2020), the United States Court of Appeals for the Eleventh Circuit examined the intersection between technology and improper use or acquisition of trade secrets. At issue was whether using a bot to access a tremendous amount of free, publically available information could be considered "improper means" of acquiring a trade secret.
Managing IP
AUGUST 16, 2021
The Federal Circuit’s latest decision that Teva induced infringement has stakeholders worried that US skinny label law has been thrown out the window
LexBlog IP
AUGUST 16, 2021
Last week, FDA announced the Biosimilar User Fee Act (BsUFA) rates for the 2022 fiscal year, which runs from October 1, 2021 through September 30, 2022. The FDA determined these rates pursuant to the Food and Drug Administration Reauthorization Act (FDARA), which was signed into law on August 18, 2017. The new rates for FY2022, compared with the rates for FY2021, are as follows: Fee Category.
Likelihood of Confusion
AUGUST 16, 2021
London’s Times: People who illegally download films and music will be cut off from the internet under new legislative proposals to be unveiled next week.Internet service providers (ISPs) will be. The post Ban that man! appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
AUGUST 16, 2021
The EU General Court (GC) recently ruled on copyright protection for standardisation documents, such as DIN (German Institute for Standardisation) documents. The GC ruled that, under certain circumstances, such documents can be protected under copyright law, thereby preventing their disclosure (T-185/19).
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