November, 2021

Facebook’s Plagiarism Problems Are Deeper Than You Realize

Plagiarism Today

Back in September , I reported on Facebook’s Widely Viewed Content Report and how Casey Newton, a reporter at The Verge, noticed that nearly all the top posts on Facebook for the quarter were plagiarized. .

Why is New Zealand’s National Library Declaring War on Authors??

Hugh Stephens Blog

At first blush, one would think that a natural symbiotic link would exist between authors, publishers, librarians and readers.


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Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Intellectual Property Law Blog

Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.

What are Letters of Protest at the USPTO?

Erik K Pelton

The following is an edited transcript of my video Letters of Protest at the USPTO. There is a tool that comes into play in a very small percentage of trademark application filings—but is an important tool to know about—called a letter of protest.

“The Pirate Bay Can’t Be Stopped ,” Co-Founder Says


This year, The Pirate Bay officially reached adulthood, which is quite an achievement considering the immense legal pressure it has faced over the years.

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Venue Mandamus Petitions Continue to Flow to the Federal Circuit


by Dennis Crouch. We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit. The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them.

Luxembourg PM Admits to Dissertation Plagiarism

Plagiarism Today

Last week, Luxembourg’s Prime Minister, Xavier Bettel, was accused of plagiarism in a thesis that he wrote for the University of Nancy. The plagiarism was discovered by and covered by Pol Reuter (French language article).

More Trending

When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

JD Supra Law

A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving. Previously, the Federal Circuit held in Red Wing Shoe Co. Hockerson-Halberstadt, Inc.

What Is a Brand Style Guide

Erik K Pelton

The following is an edited transcript of my video, What Is a Brand Style Guide. A style guide is a wonderful asset for any brand that has grown beyond just one name or one logo to a portfolio of marks and logos and slogans.

“The NFT Bay” Shares Multi-Terabyte Archive of ‘Pirated’ NFTs


NFTs have been booming over the past year. People are willing to pay millions of dollars just to prove that they “own” a digital item that was worthless before. These digital entries, stored on a blockchain, allow the buyers to prove that they are legitimate owners.

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Miramax, Tarantino and a Fight Over Bright Shiny Objects

Copyright Lately

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs.

The Streamlabs (SLOBS) Plagiarism Scandal

Plagiarism Today

Streamlabs, a company that provides software that enables livestreaming, has long been a somewhat controversial figure in the streaming marketplace.

Poppy Time Again: Watch Out for Infringers!?

Hugh Stephens Blog

For the past couple of years at this time, as Remembrance Day (November 11) approaches, I have posted a blog on the copyright and trademark implications of the commemorative red poppies that become so ubiquitous on people’s lapels at this time of year, at least in certain countries.

Data Governance Act. Blowing away barriers to accessing data held by public entities

JD Supra Law

The European Union has already enacted several Directives to allow (or mandate) the possibility for companies to access and re-use the data held by EU public administrations in the European Union.

Ten Steps in the Trademark Protection Decathlon

Erik K Pelton

The following is an edited transcript of my video, The Trademark Protection Decathlon. One of the most intriguing events in the Olympics is the decathlon, at least from my perspective.

Denuvo-Protected Games Rendered Unplayable After Domain Expires


One of the great ironies of anti-piracy technologies is that they not only offer zero benefits to paying customers but when things go wrong, pirates are often better off. What appears to be a classic example of this topsy-turvy relationship emerged last night in a long complaints thread on Steam.

Free Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18-Dec 17; Register by Nov 8]


We’re pleased to inform you that Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a free five-week online course/workshop on ‘Access to Medicines, TRIPS and Patents’ from 18th November, 2021.

3 Count: Grand Theft Mods

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”.

“It’s Not Really Our Fault: It’s the Algorithm”

Hugh Stephens Blog

This seems to be the prevailing view these days amongst the large digital social media and search platforms when the results of algorithmic selections they have programmed turn out to yield undesirable results.

What to Know About NFTs: Three Key Considerations for Businesses

JD Supra Law

What do fast food, art, and sports have in common? In recent years, companies in each of these industries have embraced a technology known as non-fungible tokens, or NFTs. By: Vinson & Elkins LLP

50 Different Ways to Use A Trademark

Erik K Pelton

The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? Where do I use it?” ” The answer is relatively straightforward.

GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy


Earlier this year a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered modifications for GTA 3 and Vice City. The projects allowed fans to enjoy these dated games with significant enhancements and were a hit with fans.

Trees for the Forest: Claiming Endpoints of a Range and Written Description


by Dennis Crouch. In his 1967 Ruschig decision, Judge Rich applied a colorful woodsman metaphor to the written description requirement: It is an old custom in the woods to mark trails by making blaze marks on the trees.

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3 Count: Pirate NFTs

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: British Man Pleads Guilty in New York Over Global Movie Piracy Scheme.

Could Banksy Sue Christopher Walken Over Destroyed Artwork?

Copyright Lately

Actor Christopher Walken painted over a Banksy original on “The Outlaws.” ” Could the street artist claim a violation of his moral rights? Actor Christopher Walken has a unique talent.

FDA Issues Final and Draft Guidances on Biosimilar Development under BPCIA

JD Supra Law

In September, the U.S. Food and Drug Administration issued Final Guidance entitled "Questions and Answers on Biosimilar Development and the BPCI Act: Guidance for Industry," and Draft Guidance entitled "New and Revised Draft Q&As on Biosimilar Development and the BPCI Act (Revision 2)."


Trademark protection: worthy of raising a glass to!

Erik K Pelton

A toast to our numerous clients in the beer industry that we love to work with and sample! The post Trademark protection: worthy of raising a glass to! appeared first on Erik M Pelton & Associates, PLLC

The Pirate Bay Story Will Be Turned Into a TV Series


The inception and early years of The Pirate Bay are an intriguing chapter of the Internet’s history. While most pirate sites hid in the shadows, Pirate Bay’s founders were public figures, who openly taunted the entertainment industries.

Talk Notes on the Constitutionality of Transparency Requirements for Internet Services

Technology & Marketing Law Blog

Yesterday I presented at UC Hastings’ Pound Civil Justice Institute on my forthcoming paper that questions the constitutionality of mandatory disclosure obligations imposed on Internet services.

3 Count: Bowser’s Last Stand

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Embattled copyright lawyer suspended from practice in New York.

Fourth IP & Innovation Researchers of Asia Conference [Online; February 9-12]


We are pleased to inform our readers that the Fourth IP & Innovation Researchers of Asia Conference will be held online from February 9-12 , 2022. The deadline for submission of the request to present a paper and the abstract is December 10, 2021.

ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

JD Supra Law

On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126.


How to Use Proper Copyright Notice

Erik K Pelton

There is a lot of confusion about the benefits of using a copyright notice, and when and how to properly use the copyright symbol and notice. In this episode, Erik clarifies the how, when, and why to use copyright notice. For more on the visual, see [link].

Piracy Release Group EVO ‘Blames’ Movie Industry For Its Popularity


Day in and day out, dozens of new movies and TV shows leak online. This is something most pirates simply take for granted. Only a few people know who the suppliers are. This secrecy is much needed, as members of release groups risk criminal prosecution and multi-year prison sentences.

TrademarkNow is Moving to Corsearch.Now!

TrademarkNow Blog

We ’re sure that you would have heard by now that we were acquired by Corsearch in August 2020. A lthough we’ve continued the TrademarkNow name until now, we’re very excited that we’re all going to be moving under the Corsearch brand in the very near future!

3 Count: Second Bite

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Once Again Seeks Dismissal of Derivative Liability Copyright Infringement Suit.

Who Watches the Watchmen? – Empirically Examining Examination Reports (Part 1)


We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process.