Sat.Sep 18, 2021 - Fri.Sep 24, 2021

Copyright in the Age of Bots

Plagiarism Today

If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot.

Michelle’s Country Music Murals: An Update?

Hugh Stephens Blog

Some readers may recall two blogposts (Mural, Mural on the Wall and Were They Commissioned, One and All?) that I wrote a couple of years ago about muralist Michelle Loughery and her copyright dispute with the Merritt Walk of Stars Society.

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NFT License Breakdown: Exploring Different Marketplaces and Associated License Issues

Intellectual Property Law Blog

At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed.

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230.

When Should You Run a Plagiarism Check of Your Work?

Plagiarism Today

As more and more schools and private companies begin using automated plagiarism detection tools, it’s becoming increasingly common for students, authors and journalists to run plagiarism detection software on their work.

Why Are USPTO Trademark Applications Taking Longer Than Ever?

Erik K Pelton

The following is an edited transcript of my video, Why Are US Trademark Applications Taking Longer Than Ever? This year, one of the questions I’ve been fielding more often than ever before is “ When ? When can I expect my application to get completed? When can I expect it to get reviewed?

ResearchGate Removes 200,000 ‘Infringing’ Files After Takedown Tidal Wave


One of the core pillars of academic research is sharing. By letting other researchers know what you do, ideas are criticized, improved upon, and extended. Unfortunately, it’s not always easy for academics to share their work.

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3 Count: Embedding Battle

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Dodges Photogs’ Copyright Lawsuit Over Embedding Feature.

Anatomy of a podcast brand: Trick of the trade(mark)

Erik K Pelton

Tricks of the trade(mark)® is my podcast on branding and trademark topics. You can listen to episodes (be sure to subscribe!) here: Web. Apple iTunes. Spotify. The post Anatomy of a podcast brand: Trick of the trade(mark) appeared first on Erik M Pelton & Associates, PLLC

The U.K. National AI Strategy Begins with Consultations on Copyright, Patent, and Data Protection Regime

JD Supra Law

The U.K. released a National AI Strategy with a ten-year plan to make Britain a global AI superpower in our new age of artificial intelligence. The Strategy intends to “signal to the world [the U.K.’s]

My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll

Technology & Marketing Law Blog

There are dozens of federal lawsuits captioned “ Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto.

3 Count: Falling Down

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Monitoring for trademark infringements doesn’t need to be costly or expensive

Erik K Pelton

The following is a transcript of my video, How to Monitor for Infringements. In the past, I’ve talked about some of the ways to keep a trademark strong over time, and some of the things that brand owners must do with their trademarks even after they’re registered.

Pride in Patent Ownership Act


by Dennis Crouch. A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” ” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest.

RLSLOG: Pirate Release Blog Pioneer Throws in the Towel After 15 Years


Founded in 2006, was one of the pioneers of the ‘release blog’ format. When it first launched, visitors were able to read about the latest pirate releases, who had placed them online and, importantly, what the files were called.

Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Plagiarism Today

In July 2019, YouTuber James St. Onge published a video to his YouTube Channel Art of Engineering explaining the inner workings of the Disney’s Tower of Terror thrill ride.

CVC Files Opposition to ToolGen Substantive Motion No. 1

JD Supra Law

On July 15th, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its Opposition to Senior Party ToolGen's Substantive Motion No. 1 for benefit of priority to U.S. Provisional Application No.


Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram

Technology & Marketing Law Blog

“In-line linking” uses the Internet’s magic to let a web page incorporate a file, such as a photo or video, into a page’s display without actually hosting it. In 2007, in Perfect 10 v.

Several ‘SportsBay’ Pirate Streaming Sites Go Dark In Wake of US Lawsuit


Most pirate IPTV services online today operate by accessing official broadcasts and streams, capturing them with dedicated equipment, and then restreaming video to the public from dedicated servers. However, a US lawsuit filed late July shows that’s not the only way.

3 Count: Swimsuit Edition

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘ Sports Illustrated’ Model Sues Twitter for $10 million, Accusing its Algorithm of Contributing to Copyright infringement.

Federal Circuit Vacates Judgment, Reinstates Jury's Verdict of Induced Infringement

JD Supra Law

Background - On August 5, 2021, the Federal Circuit issued an opinion in GlaxoSmithKline v. Teva Pharmaceuticals, Case No. 18-1976, in favor of GSK, finding that Teva was liable for inducing infringement of GSK's patent.

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Trademarks: The IP that isn’t IP

Likelihood of Confusion

I have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that? — but in any event, he won’t write a guest post on. The post Trademarks: The IP that isn’t IP appeared first on LIKELIHOOD OF CONFUSION™.

Appeals Court Revives Canadian Reverse Class Action Against BitTorrent Pirates


Movie studio Voltage Pictures has gone after alleged movie pirates for many years now. The company and its subsidiaries have filed numerous lawsuits against alleged pirates in the United States, Australia, and Europe, which likely brought in substantial revenues.

3 Count: Weeknd Blues

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The Weeknd Sued for Copyright Infringement Over ‘Call Out My Name’. First off today, Justin Curto at Vulture reports that The Weeknd has been hit with a copyright lawsuit over his song Call Out My Name.

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ToolGen Files Reply Brief to CVC's Opposition to its Substantive Preliminary Motion No. 2

JD Supra Law

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.


Locking it down

Likelihood of Confusion

Every lawyer who practices in the intellectual property area is asked frequently how to go about protecting a unique or creative idea that someone fears is at risk of being. The post Locking it down appeared first on LIKELIHOOD OF CONFUSION™.

DMCA Takedown Errors Can Make it Harder to Find Movies Legally


The purpose of search engines is to help people find what they are looking for. Today’s web would be pretty much unusable without them. This urge to search also comes with a downside, as not everything on the web is posted with permission. Pirate sites are a prime example.

How to Water Your Brand for Growth

Erik K Pelton

A plant needs water to grow. What does a brand need for growth? Listen as former USPTO trademark examiner Erik Pelton shares the five key elements to watering a brand for growth. The post How to Water Your Brand for Growth appeared first on Erik M Pelton & Associates, PLLC. A plant needs water to grow. What does a brand need for growth? Listen as former USPTO trademark examiner Erik Pelton shares the five key elements to watering a brand for growth. Podcast Series: Tricks of the TRADE(MARK

Can You Register a Copyright on a Website or Web Page?

JD Supra Law

Suppose that you have expressed your idea into a tangible form such as a website or web page. Although your copyright exists upon the moment of creation, do you have a valid copyright on the website or web page? Should you register your copyright on the website or web page with the U.S.

Best of 2012: Sing, sing, sing!

Likelihood of Confusion

First published August 1, 2012. John Welch suggests the musical question, “How is Section 2(a) false association like 43(c) dilution protection?” ” Great question. In other words, are the famous — The post Best of 2012: Sing, sing, sing!

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Grand Jury Charges ‘Omi in a Hellcat’ With Conspiracy to Pirate Xfinity & Spectrum TV Services


A little under two years ago, the federal government shut down Gears-branded IPTV services operated by Bill Omar Carrasquillo (aka Omi in a Hellcat). IRS and FBI agents seized “at least” $5.2m

Florida and Its Amici Try to Justify Government Censorship in the 11th Circuit–NetChoice v. Moody

Technology & Marketing Law Blog

Earlier this year, Florida enacted a wide-ranging, complex, poorly drafted, and enthusiastically censorial law, SB7072. Among other problems, the law dictates how “social media platforms” can make their editorial decisions.

§101: Why We Won’t Have Nice Things

JD Supra Law

In a recent IPWatchdog panel discussion, Harness Dickey’s new CEO Ray Millien posited that the only obstacle to autonomous cars is software. Given the present state of §101 jurisprudence, however, “once someone solves that problem, it’s an abstract idea.”. By: Harness, Dickey & Pierce, P.L.C.


Getting a Gig: Websites

Art Law Journal

An artist website should function as the central hub of your career. Make the best of this online portfolio by reading tips from illustrator, Matt Rota. The post Getting a Gig: Websites appeared first on Art Business Journal. Marketing documentation branding freelance selling art

U.S. Copyright Holders Want Tougher Anti-Piracy Measures in China


The American copyright industry generates billions of dollars in annual revenue and is generally seen as one of the primary export products. Whether it’s movies, music, software or other goods, US companies are among the market leaders.

New Tillis-Leahy Bills to Boost Innovation: The Good, the Bad and the Nonsense

IP Watchdog

Earlier today, U.S.

Federal Circuit Review - August 2021

JD Supra Law

It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No.