February, 2022

The Bizarre Career of Damien Hirst

Plagiarism Today

Promotional Photo by FoundationCartier featurning Damien Hirst’s Cherry Blossom Paintings. In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms.

What Happens when Fair Dealing is not “Fair”??

Hugh Stephens Blog

February 21-25 is Fair Use/Fair Dealing week, so proclaimed by a number of participating organizations in the US and Canada and organized by the Association of Research Libraries under the umbrella of fairuseweek.org.


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Recent Expansion of IPR Estoppel Scope Viewed As Victory for Patent Owners

Intellectual Property Law Blog

In its recent decision in Caltech v. Broadcom Limited, et al , [1] the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR] petition.” emphasis added).

What Happens When Appealing a Trademark Refusal to the TTAB

Erik K Pelton

The following is an edited transcript of my video What Happens When Appealing a Trademark Refusal to the TTAB. The Trademark Trial and Appeal Board, or TTAB, is a panel of judges that can decide cases on appeal.

IPO Diversity in Innovation Toolkit

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.

Iconic Game Cracking Group CODEX Shuts Down


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.

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The Coming Copyright/Trademark Storm for NFTs

Plagiarism Today

Last week, the NFT and crypto world saw its headlines dominated by the rapid rise and fall of the company HitPiece. Dubbed “ The Fyre Festival of NFT Startups “, the company had an ambitious plan to sell NFTs of every song ever made.

Books, e-Books, Authors, Publishers and Libraries: A Complex Relationship?

Hugh Stephens Blog

On January 1, 2022, a new law entered into force in the state of Maryland requiring that authors and publishers holding the rights to an e-book title must offer unlimited copies of that title to public libraries in the state at an undetermined “reasonable price” if and when the title is offered to individual consumers.

The SECRETS Act Adds a Critical New Defense Against IP Theft Threatening U.S. Tech Leadership

IP Watchdog

Intellectual property (IP) theft, especially of trade secrets, remains a significant threat to advanced U.S. industries, global competitiveness, and national security. It is foundational to the U.S.

IP 113

Not Ready for Prime Time: Why Bill C-11 Leaves the Door Open to CRTC Regulation of User Generated Content

Michael Geist

Canadian Heritage Minister Pablo Rodriguez introduced the much-anticipated sequel to Bill C-10 yesterday.

Elon Musk Suggests That Piracy is Appealing Once Again


There is little doubt that for many people, streaming services have become the standard for watching movies and TV-shows. Subscription-based streaming services such as Netflix and Disney+ even converted some hardcore pirates, as they were seen as more convenient alternatives.

HITPIECE NFT RIPOFF: What you need to know and what can you do about it.

The Trichordist

By now you’ve probably heard of the website HitPiece.com and their outrageous scheme to mint a “NFTs” of virtually every song and album in existence. If you… Read more "HITPIECE NFT RIPOFF: What you need to know and what can you do about it.". Artist Rights


Luxembourg’s Prime Minister Gives Up Degree Due to Plagiarism Allegations

Plagiarism Today

Luxembourg’s Prime Minister, Xavier Bettel, announced that he is voluntarily surrendering his 1999 DEA from the University of Lorraine in France. The move follows allegations in October that his 1998 thesis , written to obtain the degree, was heavily plagiarized.

Copyrighting the Ogopogo: The © Story Behind the News Story?

Hugh Stephens Blog

The headline in the local paper grabbed my attention. City of Vernon transfers copyright to legendary Ogopogo to B.C. Indigenous nations”.

USPTO Analysis of Patent Filings Finds No Single Company is Leading 5G Technology Development

IP Watchdog

Earlier this week, the USPTO released a report canvassing the current state of 5G technology attempting to “attain an informed understanding of the global competitiveness and economic vulnerabilities of United States 5G manufacturers and suppliers.”

Trademark protection for non-profits

Erik K Pelton

Non-profits benefit from trademark protection too, it is vital for them as it is for any other business. For more, see. More Peltonisms® at [link]. The post Trademark protection for non-profits appeared first on Erik M Pelton & Associates, PLLC

Google Punishes Pre-Release Piracy Sites Harder in Search Results


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.

Apple Defeats Copyright Lawsuit Over Emoji Depictions–Cub Club v. Apple

Technology & Marketing Law Blog

The court summarizes the case: Cub Club Investment created an app that allowed people to send racially diverse emoji. According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it.

Why it is Never the Right Time to Tackle Plagiarism

Plagiarism Today

Yesterday, Alice Nuttall published a piece on Book Riot that asks a simple question: Why is publishing plagiarism still possible? It’s a simple enough question.

Site Blocking and the Rules of the (Internet) Road?

Hugh Stephens Blog

I recently attended a very interesting conference originating from Toronto, called Digital Media at the Crossroads, aka DM@X, where discussion and presentations took place on a range of digital media issues in Canada and internationally.

Two Pharma and Biotech Cases to Watch in 2022

IP Watchdog

As we enter the second month of 2022, the old saying, “If at first you don’t succeed, try, try again” and the famous line, “I’m not dead,” from Monty Python and the Holy Grail, come to mind to describe two issues we’ll be watching closely this year relating to litigation involving small and large molecule therapies.

Unvaccinated Parents Risk Losing Parenting Time

Nelligan Law

Reading Time: 3 minutes Since the rollout of the COVID-19 vaccines, parents who do not see eye-to-eye on vaccinating their children or themselves are turning to the courts. Across the country, courts are recognizing that their expertise is law and not medicine.

“Friends” Leaving Netflix Caused a Piracy Spike in The Netherlands


For online media consumers, things have improved significantly over the years. More content is made available globally than ever before. In today’s on-demand society this is particularly important for new content.

Trademark Registration: The Whole is Greater Than the Sum of Its Parts

Erik K Pelton

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. I don’t know where the phrase “ the sum is greater than the parts ” came from, but I do know that it has many applications.

The Nightmare Plagiarism Scenario Comes True

Plagiarism Today

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.

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

Technology & Marketing Law Blog

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, they didn’t give up!

Publishers Win Preliminary Injunction Against Maryland Law that Requires Licensing Digital Works to Libraries

IP Watchdog

Publishers scored a win yesterday in the U.S.

Should I File Trademark Applications to Cover My Brands in the NFT/Metaverse/Virtual Worlds Space?

JD Supra Law

Trademark filings in the metaverse and non-fungible tokens (NFTs) space are a hot topic these days in the media and IP Bar, and many brand owners are asking themselves whether it’s time to join in or risk being left behind.

Pirated Oscar Screeners Have Become a Rare Breed


The Oscars are the most anticipated movie awards show of the year, closely followed by hundreds of millions of movie fans around the world. It’s also a special event for movie pirates. Traditionally, the Oscar winners see a surge in unauthorized downloads.

The Time I Got a Negative Review

Erik K Pelton

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.

3 Count: Guitars, Cadillacs and Settlement

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Warner Music, Country Star Dwight Yoakam Settle Copyrights Dispute.

WIPIP 2022, Session 7 (internet law/antitrust)


Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various institutions are supposed to carry out.

Law 96

Biden Administration Should Recommend Clarifying Patent Eligibility Law in American Axle

IP Watchdog

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified.

Wild, Wild Web3: The Blockchain Domain Gold Rush Is Well Underway – Brands Should Act Now To Secure Their Web3 Domains 

JD Supra Law

The advent of distributed ledger technology has ushered in a new digital era – a decentralized internet, neither owned nor controlled by a central authority.