August, 2021

Snopes Co-Founder and CEO Admits to Plagiarizing Dozens of Articles

Plagiarism Today

On Friday, Buzzfeed published an article that highlights the widespread and long-running plagiarism of Snopes CEO and co-founder David Mikkelson.

Singapore’s Copyright Act Revisions: A Step in the Right Direction, But….

Hugh Stephens Blog

Singapore’s long awaited and long debated revisions to its copyright law were tabled in Parliament at the beginning of July with a view to enactment by the end of summer. This follows a two-month public consultation by the Law Ministry and Intellectual Property Office.


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What is a brand made of?

Erik K Pelton

A “brand” is the sum total of a number of things that go to the heart of a business’ relationship with its customers and within the marketplace of competitors: For more about Building a Bold Brand , see my book ! The post What is a brand made of?

Patent Protection on AI Inventions

Intellectual Property Law Blog

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO.

Are Fictional Characters Protected Under Copyright Law?

Creative Law Center

The independent life of fictional characters. Consider them an additional creative asset in a writer’s intellectual property portfolio. The post Are Fictional Characters Protected Under Copyright Law? appeared first on Creative Law Center. Copyright & Content Protection

Cable News Shows Are Defamation-Free Zones–OANN v. Maddow

Technology & Marketing Law Blog

This lawsuit involves the Rachel Maddow Show on MSNBC. Based on a story from the Daily Beast , Maddow ran a segment claiming that an OANN employee was on the Kremlin’s payroll, concluding that OANN “really literally is paid Russian propaganda.”

New Superintendent Plagiarizes in First Two Months

Plagiarism Today

Over the past 18 months, there has been a major rash of school superintendents being caught committing plagiarism. It started in February 2020 when the now-former Katy Independent School District Lance Hindt was accused of having plagiarized his dissertation.

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Department of Commerce issues report finding that “USPTO’s trademark registration process was not effective in preventing fraudulent or inaccurate registrations”

Erik K Pelton

A new report from the Department of Commerce, the agency of which the USPTO is a part, was released last week following its ” audit of the United States Patent and trademark Office’s (USPTO’s) efforts to improve the accuracy of the trademark register” that began in April of 2020. See all the details here: [link].

Domain name solicitation fraud – brand owners beware

JD Supra Law

Overview - It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that domain name rights are in jeopardy.

Netflix Intensifies ‘VPN’ Ban and Targets Residential IP-addresses Too


Six years ago, Netflix started blocking customers who tried to access its service over a commercial VPN or proxy service. These changes came after copyright holders repeatedly complained that ‘pirates’ were bypassing Netflix’s geographical restrictions.

New Primer on the California Privacy Rights Act (CPRA)

Technology & Marketing Law Blog

In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020.

The Plagiarism of Fast Fashion

Plagiarism Today

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” ” Prado was talking about the “fast fashion” brand Shein.

Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed

Hugh Stephens Blog

The trademark decathlon: 10 events to build a strong and protected brand

Erik K Pelton

This week is the decathlon at the Tokyo summer Olympics. It is one of my favorite events, because it is test of versatility and overall athleticism in track and field. To win, one must be well rounded and very good in all 10 events.

Artificial Intelligence as the Inventor of Life Sciences Patents?

JD Supra Law

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing.

Anti-Piracy Firm Asks Google to Block


While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that “infringing sites” show up in search results has become a source of frustration.

Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20.

3 Count: Grand Theft Copyright

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Apple Drops iPhone Copyright Lawsuit Against Cyber Startup Corellium.

Copyright Takedown Gives Conservative Party Pretext to Remove Clumsy Political Attack Ad

Hugh Stephens Blog

Good political attack ads make voters angry with–or mock–the politician in the ad, reminding voters how much they dislike the targeted individual or party they represent.

$949,284 quote from US Postal Inspection Service to address my FOIA request regarding trademark scammers!

Erik K Pelton

My jaw dropped a few weeks ago when I received the response to our FOIA request from the U.S. Postal Inspection Service. They quoted me a $949,284 estimate to retrieve documents regarding trademark scam letters. See full letter below. Given such an expense, it seems that they must be sitting on a mountain of such documents.

UCB, Inc. v. Actavis Labs. UT, Inc.

JD Supra Law

Case Name: UCB, Inc. Actavis Labs. UT, Inc., 19-474-KAJ, 2021 WL 1880993 (D. 26, 2021) (Jordan, J.) - Drug Product and Patent(s)-in-Suit: Neupro® (rotigotine); U.S. Patent No. 10,130,589 (“the ’589 patent”). By: Robins Kaplan LLP

Patent 114

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

Intellectual Property Law Blog

Note: First published in The Intellectual Property Strategist and This article is Part One of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.

Emoji Version Variations Help Identify Fabricated Evidence–Rossbach v. Montefiore Medical

Technology & Marketing Law Blog

Rossbach worked at Montefiore Medical Center. She claims her supervisor sexually harassed her and then the center retaliated against her. This screenshot is the evidentiary centerpiece of her claim: The last line is the court’s: “This image is a fabrication.”

Using Tortured Phrases to Spot Problematic Papers

Plagiarism Today

A recent article in Nature highlighted an unusual approach to spotting questionable research papers, the use of “tortured phrases” The article highlights the work of Guillaume Cabanac, a computer scientist at the University of Toulouse, and his colleagues.

Call for Applications: Research Assistants – IPR Chair at NALSAR, Hyderabad [Apply by August 25]


We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021.

Social media ‘influencers’ are often lacking trademark protection

Erik K Pelton

The following is a transcript of my video Influencers Need Trademark Protection Too. On social media these days, much of the content and the news that I see relates to influencers.

IP Basics Part II: What is a Trademark or Servicemark?

JD Supra Law

In our first part of this series, we provided a brief primer on patents. For the second part of our Intellectual Property series, we take a look at trademarks. Trademarks are not generally considered "technology", but the U.S.

TekSavvy Takes Pirate Site Blocking Battle to Canada’s Supreme Court


In 2018, Canada’s Federal Court approved the country’s first pirate site-blocking order. Following a complaint from major media companies Rogers, Bell and TVA, the Court ordered several major ISPs to block access to the domains and IP-addresses of pirate IPTV service GoldTV.

An Initial Look at Washington’s New Anti-SLAPP Statute

Technology & Marketing Law Blog

Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute.

Erotic Romance Author Accused of Plagiarism from Fan Fiction

Plagiarism Today

Last week, Twitter user @KokomRoily began to feel a creeping sense of déjà vu as they were reading a novel by prolific erotic romance author Romilly King.

Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!


A photograph of Prof. (Dr.) Shamnad Basheer.

Creative Trademarks Are Alive and Well on Main Streets in America

Erik K Pelton

Creative brands and great trademarks are all around us. In this episode, Erik reflects on the many wonderful store names he encountered while on a recent family vacation to a small New England town, proof that there are endless possibilities when it comes to trademarks! The post Creative Trademarks Are Alive and Well on Main Streets in America appeared first on Erik M Pelton & Associates, PLLC. Creative brands and great trademarks are all around us.

Same Old Spin: Why Access Copyright Needs a Reality Check on Canadian Copyright

Michael Geist

Last week’s Supreme Court of Canada copyright decision in Access Copyright v. York University has unsurprisingly been applauded by the education community, which having faced years of litigation launched by the copyright collective, now finds its position vindicated.

Sky Subscribers’ Piracy Habits Directly Help Premier League Block Illegal Streams


High Court injunctions that order ISPs to block certain websites deemed to be infringing have been in existence for around a decade in the UK.

IP 108

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

Paul Nicklen is a highly acclaimed nature photographer. He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change.

3 Count: Legal Wolves

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Tommy Vext Sued by Bad Wolves’ Label for Copyright Infringement.

Ensuring Access to TB drugs: Is Compulsory License the Way?


This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018).