Sat.Oct 02, 2021 - Fri.Oct 08, 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.

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.

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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).

Federal Circuit Further Eases Path for Obtaining Design Patents

Patently-O

by Dennis crouch. In re Surgisil, LLP , — 4th — ( Fed. 2021 ). This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases.

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.

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.

Customs and Border Protection and Trademarks protection at the border

Erik K Pelton

The following is an edited transcript of my video, Customs and Border Patrol Registration for Your Trademark.

More Trending

3 Count: Bad Evidence

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Spanish Broadcasting System Keeps $800k Fee Win in Music Copyright Case.

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

The United States of Trademarks

Erik K Pelton

Did you know that trademark registration extends protection to all 50 states, plus US territories? The post The United States of Trademarks appeared first on Erik M Pelton & Associates, PLLC

VPN Hosting Company Settles Copyright Lawsuit by Blocking Pirate Sites

TorrentFreak

Hosting providers are generally seen as neutral intermediaries but some copyright holders believe that these companies should bear more responsibility. This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. courts as well.

3 Count: Tuesday the Fifth

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘Friday the 13th’ Writer Wins Appeal in Copyright Termination Case.

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.

FRANCE.COM: Trademark Transferred to French Government without Recourse in US Courts

Patently-O

When you visit the website france.com , you’ll be quickly redirected to the French government’s explore-France travel site: france.fr. But, the US-company France.com, Inc. believes that the country stole the.com site.

Italian Broadcaster Uses Forensic Watermarks to Track Down Online Pirates

TorrentFreak

The unauthorized copying and distribution of copyrighted content is a multi-billion dollar puzzle that entertainment industry companies are desperate to solve. A lot of effort is going into blocking pirate sites and, occasionally, the operators of these services are taken to court.

West Liberty University President Accused of Repeated Plagiarism

Plagiarism Today

On September 15, West Liberty University President W. Franklin Evans, gave the annual freshman convocation speech to a mix of students and faculty. Having only been hired for the position in November 2020, it was Evans’ first time giving such a speech at the university.

The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

JD Supra Law

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes. By: Nexsen Pruet, PLLC

Timbs: Iconic Enough for Trademark Protection?

Patently-O

by Dennis Crouch. TBL Licensing, LLC v Hirshfeld , Docket No. 1:21-cv-00681 (E.D. Jun 04, 2021). I previously wrote about the TTAB decision denying TBL’s attempt to register the shape of its Timberland Boots as a protectable trade mark. Crouch, Iconic Timberland Boots–Trade Dress Worthy?

Cloudflare Defeats “Repeat Infringer” Copyright Lawsuit in US Court

TorrentFreak

Popular CDN and DDoS protection service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of sites, some of which provide access to copyright-infringing material.

3 Count: Settling Seuss

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RIAA Secures ‘Victory’ Against YouTube Rippers and Seeks $82m in Damages.

New Empirical Data Demonstrates Continued Failure of IEEE 2015 Patent Policy

JD Supra Law

I have written extensively about the many negative effects of the 2015 IEEE patent policy and it was gratifying to see the US Department of Justice (DOJ) acknowledging these negative effects (p9).

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Eligibility: Turning Application On-and-Off for Authentication Patent Eligible

Patently-O

by Dennis Crouch. CosmoKey Solutions v. Duo Security ( Fed. 2021 ). Patentee wins this one–with the Federal Circuit reversing the district court and finding the claims on patent-eligibility under Alice step-two.

RIAA Secures ‘Victory’ Against YouTube Rippers and Seeks $82m in Damages

TorrentFreak

The major record labels believe that YouTube rippers are the most significant piracy threat on the Internet. These sites, which can serve a variety of purposes, are used by some to convert free YouTube videos into MP3s. FLVTO.biz and 2conv.com Lawsuit.

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The Legal Implications of Datacenter Location (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Marketa Trimble. The location of a datacenter matters—the location of third-party datacenters affects companies’ (datacenter customers’) decisions whether to use the datacenters for colocation or other services.

First a Meme, Then a Cryptocurrency, and Now an $80 Billion Brand? Dogecoin Continues Its Rollercoaster Journey into the USPTO.

JD Supra Law

What first started as a meme featuring a fluffy dog with poor grammar has now resulted in a trademark fight over the ownership of an estimated $80 billion brand. If the progression of this Internet sensation has left your head spinning, you are certainly not alone. By: Dorsey & Whitney LLP

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Below they summarize their findings.

Github Removes GTA Fan Projects re3 & reVC Following New Take-Two DMCA Notice

TorrentFreak

Early 2021 a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered releases of GTA 3 and Vice City.

Is There Any Legal Remedy From Ransomware With Cyber Insurance?

Likelihood of Confusion

Cybercrimes have become a major industry. Ransomware has taken so much of the world hostage and it’s been proving to be difficult to contain, as many corporations have been giving. The post Is There Any Legal Remedy From Ransomware With Cyber Insurance?

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Evel Knievel Trademark Stunt Falls Short: Disney’s Toy Story 4 Character Found Non-infringing

JD Supra Law

A federal district court judge recently dismissed infringement claims brought against Disney and Pixar over the daredevil character Duke Caboom featured in Toy Story 4.

Wag the Dog: The Federal Circuit’s Advancement of Fifth Circuit Law

Patently-O

by Dennis Crouch The Federal Circuit has been tearing through mandamus petitions on the issue of inconvenient venue under Section 1404(a).

ACE Anti-Piracy Coalition Takes Control of Dozens of Pirate IPTV Domains

TorrentFreak

Pirate IPTV and similar streaming services are considered one of the greatest threats to the global market for legitimate movie and TV show content. As a result, content companies of all kinds are going to extreme lengths to reduce unlicensed supply.

Benefits of DPIIT Recognition for Startup

IP and Legal Filings

In the previous piece , we discussed the DPIIT recognition of Startups and how startups can get themselves registered. We delved into the concept of startup specifying what constitutes startup as per the definition under DPIIT. And finally, the documents required for filing for registration.

US continues to chart its own course on standard essential patents.

JD Supra Law

Taiwanese businesses should watch for continued assertions on 5G, IoT - The number of disputes involving standard essential patents (SEPs) is increasing, both in the United States and worldwide.

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Below they summarize their findings.

Art 83

Protecting Your Right to Disability Benefits and Termination Entitlements

Nelligan Law

Reading Time: 2 minutes Terminations can profoundly impact various aspects of an individual’s life, including their health. In certain situations, terminations (or the circumstances leading up to them) leave employees unable to start new work.

Ice Cube's case against Robinhood melts again

43(B)log

Jackson v. Robinhood Markets, Inc., 21-cv-02304-LB (N.D. 20, 2021) Previously , the court dismissed Ice Cube’s ROP and false endorsement claims for lack of standing because pleading an appearance in a financial newsletter does not suffice to plead endorsement. (Is

DABUS Will Need to Wait—U.S. District Court Affirms USPTO's Denial of AI System as Inventor

JD Supra Law

Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v.