October, 2021

The Cinemassacre Monster Plagiarism Scandal

Plagiarism Today

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.

Do News Publishers “Own” the News? (And Should They be Compensated when Others use News Content they Publish?)?

Hugh Stephens Blog

The issue of whether news publishers should receive compensation when their content is used by “others” (such as internet platforms, specifically Facebook and Google) has become a hot topic in a number of countries of late.


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Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

Intellectual Property Law Blog

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.

Dune Leaked on Pirate Sites Before US Theatrical & HBO Max Release


Dune (also known as Dune: Part One) is the first installment of a planned two-part adaption of the 1965 sci-fi book written by Frank Herbert. The movie has been in the planning for years, with filming eventually taking place between March and July 2019.

Cinema 114

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.

US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

JD Supra Law

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.

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Parsing the Plagiarism of the Bad Art Friend

Plagiarism Today

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.

Thank You Professor! “Explaining” Section 230 to Canadians?

Hugh Stephens Blog

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).

How Technology is Reshaping the IP Management Industry

IP Watchdog

There’s hardly any area in entrepreneurship today that deals with innovation more than intellectual property rights protection – in fact, cutting edge technology and inventions are at the core of the IP industry.

Anti-Piracy Outfits Still Target Pirate Sites That Shut Down Years Ago


Over the past decades, hundreds of popular ‘pirate’ sites have come and gone. This includes the likes of isoHunt, ExtraTorrent, and KickassTorrents. These shutdowns have a serious impact but, as time passes, estranged users eventually move on.

Federal Circuit Review - September 2021

JD Supra Law

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.

Say No to the Stockholm Syndrome: Is an Artist Strike Coming for Streaming?

The Trichordist

Should artists strike the streaming services? Strike! Unfair List Streaming strike


The Impact of the Internet on Plagiarism

Plagiarism Today

When people learn what I do for a living, one of the first questions I am usually asked is, “Has the internet made plagiarism much worse?”. It’s easy to see why it’s a question. Anecdotally, it feels like plagiarism stories are becoming much more common.

Local Content Production and Sensible Regulation: New Studies Demonstrate the Close Relationship

Hugh Stephens Blog

The Institute for International Communications (IIC) annual meeting held recently in the UK (London, October 5-7) featured, among other topics, a “streaming video roundtable”, an informative discussion of the issues surrounding growth of the VOD sector in the current regulatory climate.

Kathi Vidal Floated as Possible USPTO Director Nominee

IP Watchdog

According to sources on the Hill, Kathi Vidal of Winston & Strawn is now high on the list of potential nominees for a new U.S. Patent and Trademark Office (USPTO Director).

Bond’s “No Time to Die” Leaks on Pirate Sites Before U.S. Premiere


This week the “No Time to Die” premiered in movie theaters around the world. A few countries have to wait a bit longer for the latest Bond movie. These include the US, Russia, and France which have a week delay.

Can Computer Systems Using Artificial Intelligence Patent their own Inventions?

JD Supra Law

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? . By: Cadwalader, Wickersham & Taft LLP

What Is a Likelihood of Confusion

Erik K Pelton

The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective.

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities.

Paying for Use of News Content? The US Launches Study on Free-Riding by News Aggregators

Hugh Stephens Blog

A couple of weeks ago I put up a blog posting looking at the history of copyright and news content over the past two hundred years or more. It discussed the longstanding question of who “owns” the news, and who should be compensated when news content is copied.

Kathi Vidal Has Been Nominated to Head USPTO

IP Watchdog

As predicted by IPWatchdog, Kathi Vidal has now been officially nominated by President Joe Biden as the next Under Secretary for Intellectual Property and Director of the U.S. Patent and Trademark Office at the Department of Commerce. Vidal is one of five nominations announced today.

Megaupload Lawsuits Remain in Limbo After Nearly 10 Years Passed


Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States. Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers.

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Decoded: Technology Law Insights, Volume 2, Issue 21

JD Supra Law

Nature of Patents and Patent Rights - When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official.

Trademark protection: a safety helmet for your brand

Erik K Pelton

Over the years, we’ve been blessed to work with – and sometimes ride with – many clients in the bike industry! The post Trademark protection: a safety helmet for your brand appeared first on Erik M Pelton & Associates, PLLC

The Elizabeth Haigh Cookbook Plagiarism Scandal

Plagiarism Today

Elizabeth Haigh was, until this week, a rapidly rising start in the cooking world. Featured on the 2011 BBC MasterChef competition, she was the head chef at London restaurant Pidgin when it earned a Michelin Star and is the owner of the popular restaurant Mei Mei.

Dealing with Historical Figures Who Fall Out of Favour:  Don’t Attack the Artwork

Hugh Stephens Blog

These days it is not uncommon to see red paint splashed on the statue of some controversial historical figure, or even to have the statue defaced, vandalized or perhaps torn down from its pedestal. It has happened to Christopher Columbus, Winston Churchill, Robert E.

India Amends Patent Rules and Reduces Fees by 80% for Educational Institutions

IP Watchdog

On September 21, 2021, India's Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 Patents Rules.

Adobe Uses DMCA to Nuke Project That Keeps Flash Alive, Secure & Adware Free


As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of.

Anchovy News, October 2021

JD Supra Law

This is the October edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe.

We help clients with trademark protection in all industries – even law

Erik K Pelton

We love working with all types of businesses, but earning the trust of many other lawyers and legal industry businesses has been extra gratifying. The post We help clients with trademark protection in all industries – even law appeared first on Erik M Pelton & Associates, PLLC

3 Count: Photo Battles

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. First off today, Kendall Heebink at Law Street reports that a pair of pizza companies have been sued by Prepared Food Photos, Inc.

What’s in the Box? Counterfeits and Online Marketplaces

The Illusion of More

In March, Senators Durbin and Cassidy introduced the INFORM Consumers Act, legislation meant to provide us with greater transparency when shopping through large online marketplaces, which is to say Amazon.

This Week in Washington IP: Ethics in Artificial Intelligence, Challenges with Carbon Removal and the USPTO Hosts the 2021 Hispanic Innovation and Entrepreneurship Program

IP Watchdog

This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial intelligence (AI) applications in various industries. Elsewhere in D.C.,

VPN Service will Block BitTorrent and Keep Logs to Settle Piracy Lawsuit


A group of movie production outfits, including affiliates of the film studios Millennium Media and Voltage Pictures, filed a lawsuit against VPN.ht in March. The companies accused the VPN provider of promoting the piracy app Popcorn Time to its users, noting that a VPN.ht