Sat.Sep 11, 2021 - Fri.Sep 17, 2021

Why You Should Never Use the Stock Content in a Website Theme

Plagiarism Today

Building a new website is literally easier than it’s ever been. There are countless services that will help you get started and a never-ending slew of tools to help you get your business or personal endeavor online. However, that’s not to say that there is no work.

Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Hugh Stephens Blog

My wife was flexing her wrist, extending her forefinger and manipulating her thumb, following the instructions on the sheet in front of her that the physiotherapist had provided. She (my wife that is) had broken her wrist a few weeks earlier, in an unfortunate fall.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

The World’s Oldest Active Torrent Turns 18 Soon

TorrentFreak

BitTorrent is an excellent distribution mechanism but, for a file to live on, at least one person has to keep sharing it. This means that most torrents eventually die after the public loses interest. However, some torrents seem to live on forever. The Fanimatrix.

Art meets crypto – traditional copyright issues in a tokenized world

JD Supra Law

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods.

Why Plagiarism Thrives on Facebook

Plagiarism Today

Back in August, Facebook released its “ Widely Viewed Content Report ” that attempted to showcase the type of content that was popular on the service. It included a list of the 20 most viewed posts during the second quarter of 2021, each of which received between 43.6

Op Ed: Reflections on the American Invents Act on its Tenth Year Anniversary 

Patently-O

by Hon. Michelle Lee. Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. .

Netflix Movie Screeners Leak on Pirate Sites Before Official Premiere

TorrentFreak

Pirated copies of movies leak all year round, usually after they come out on streaming services or through digital release. That by itself is nothing special. Screener releases are a notable exception to this rule.

More Trending

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site.

sofTMware® : a free tool for monitoring the status of trademark applications and registrations

Erik K Pelton

sofTMware® : a free tool for monitoring the status of trademark applications and registrations. For more about sofTMware®, visit www.softmware.com.

Russia Tries To Block VPN Providers, Troubles Hit BitTorrent & Multiple Online Services

TorrentFreak

For the past several years as part of the country’s website blocking efforts, Russian authorities have warned that VPN providers could be next on the list.

The Effect of Proposed Legislative Reform at the ITC

JD Supra Law

Last week, for the second time in two years, members of the House of Representatives proposed legislation limiting the ability of certain entities to file complaints for unfair trade practices at the U.S. International Trade Commission (“ITC”). First introduced in August 14, 2020 as H.R.

96

3 Count: Music Licensing is Strange…

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Hollywood Demands $16.35m From Operator of Pirate IPTV Services. First off today, Andy Maxwell at Torrentfreak writes that the Alliance for Creativity and Entertainment (ACE) is asking for some $16.35

Music 176

How to improve the odds of success for a trademark application

Erik K Pelton

The following is a transcript of my video Improving the Odds for Your Trademark Application. I get asked a very challenging question all the time “What are the chances do you think this will get through, this will get approved, when we apply for a trademark at the Patent and Trademark Office?”

UK Police Shut Down Pirate IPTV Network With “Hundreds of Thousands” of Customers

TorrentFreak

With pirate IPTV services providing access to thousands of TV channels at a cheap price, the Federation Against Copyright Theft is continuing its quest to disrupt piracy in the UK.

Federal Circuit Affirms Exclusion of Expert Opinion on Reasonable Royalty Rate

JD Supra Law

On August 26, in MCL Intellectual Property, LLC v. Micron Technology, Inc.,

3 Count: Pulp Non-Fiction

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pearson Education Sues Chegg, Alleging ‘Massive’ Copyright Infringement.

Tracing the Contours of Copyrightability of ‘Unique Sports Celebrations’

SpicyIP

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the copyrightability of unique sports celebrations. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest post on the blog can be viewed here.

‘Black Widow’ vs. ‘Shang-Chi’ Piracy and the Return of Disney’s Box-Office Exclusives

TorrentFreak

During the COVID pandemic, studios including Disney, NBCUniversal, and Warner Bros have experimented with shorter release windows. In some cases, titles premiered on streaming services and at the box office at the same time. This is good news for consumers, who have more choice.

Federal Court Rules That Artificial Intelligence Cannot Be An Inventor Under The Patent Act

JD Supra Law

3 Count: 12th Man, 5th Circuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Texas A&M Escapes Copyright Claims at 5th Circ. Over 12th Man Story.

A Million Inventions Lost: Abandoned Provisional Applications

Patently-O

by Dennis Crouch. US provisional patent applications continue to be popular, with about 170,000 filed each year since 2013. After filing a provisional, the applicant then has one-year to move the case to a non-provisional or PCT application, and eventually toward patent issuance.

Hollywood Demands $16.35m From Operator of Pirate IPTV Services

TorrentFreak

Early July, Warner Bros., several Universal companies, Amazon, Columbia, Disney, Netflix, Paramount, Sony, and other content creators filed a lawsuit against Jason Tusa , the alleged operator of Altered Carbon, Area 51, and other pirate IPTV services.

Be Precise When Expressly Abandoning A Trademark Application Or Face The Consequences

JD Supra Law

In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly.

3 Count: Microstuttering

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Locast Streaming Hit With Permanent Injunction in Copyright Case.

The Law Bytes Podcast, Episode 100: David Vaver With a Masterclass on Copyright and User Rights

Michael Geist

The role of the public and the public interest has factored prominently into many of the Law Bytes podcast conversations. For the 100th episode, Osgoode Hall Law School Professor David Vaver , widely viewed as Canada’s leading IP expert, joins the podcast.

Massive Adult Site ‘Rule34’ Prepares Legal Action to Fight Bogus Homepage Delisting

TorrentFreak

Two years ago we reported on a wave of bogus DMCA notices that targeted various adult sites. Many of those platforms were so-called ‘hentai’ sites which focus on adult-orientated comics and cartoons.

Belcher Pharmaceuticals, LLC v. Hospira, Inc. (Fed. Cir. 2021)

JD Supra Law

Imposition of liability under the equitable doctrine of inequitable conduct (as it has been variously defined) can result in a patent being held unenforceable; for this reason, former Chief Judge Rader called it the "atomic bomb of patent law" (see Aventis Pharma S.A. Amphastar Pharms., 525 F.3d

To No One’s Surprise, FOSTA Is Confounding Judges–J.B. v. G6

Technology & Marketing Law Blog

Plaintiffs underutilitized FOSTA’s new Section 230 exclusions for the first two years after the law’s enactment, but now we are getting FOSTA rulings at a rapid clip. Given FOSTA’s terrible drafting, it’s not surprising that the rulings are not agreeing with each other.

In Defense of Copyright’s De Minimis Defense

Copyright Lately

The Ninth Circuit took a overly minimalist view of copyright’s de minimis defense, finding that a photo stored on an inaccessible web server doesn’t qualify. De Minimis non curat lex: The law does not concern itself with trifles. Except of course, when it does.

Yout Files Refocused Lawsuit Against RIAA to Have YouTube-Ripping Service Declared Legal

TorrentFreak

In 2020, the RIAA attempted to have YouTube-ripping tool youtube-dl removed from Github and in the wake of that, YouTube-ripping service Yout filed a preemptive lawsuit against the RIAA.

Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB

JD Supra Law

The Federal Circuit issued just one precedential opinion the week of Labor Day (along with several non-precedential opinions and Rule 36 judgments). But it’s an interesting one, addressing the interplay between arbitration agreements and nonappealability of decisions to institute inter partes review.

86

The “Fair Use Massacre” (updated)

Likelihood of Confusion

First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent. The post The “Fair Use Massacre” (updated) appeared first on LIKELIHOOD OF CONFUSION™.

Looking Forward with the RightsLink for Scientific Communications Platform

Velocity of Content

RightsLink for Scientific Communications has made some significant strides in the past few years, especially in the way of developing and involving an ever-more extensive user community. So, now seemed a good time to check in with Principal Consultant Andrew Robinson about some of the latest aspects.

RIAA and Rightscorp Counter Renewed ‘False and Fraudulent’ DMCA Notice Claims

TorrentFreak

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. In the past such drastic action was rare but, backed by several court orders, ISPs are increasingly being held to this standard. Music Companies sued RCN.

Music 83

CAFC: Nearly Identical Reference is Prior Art

JD Supra Law

In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed.

Art 85

America’s trademark litigation gravy train – the Bratz / Barbie case is back!

Likelihood of Confusion

I can’t claim to be keeping close tabs on what’s going on in theBarbie / Bratz trademark litigation. But lookie here: A federal appeals court has ruled that Mattel Inc. doesn’t. The post America’s trademark litigation gravy train – the Bratz / Barbie case is back!

Understanding the Relevance of IPR in the Fashion Industry

IP and Legal Filings

The intersection of fashion and IPR. Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel.