Hugh Stephens Blog
NOVEMBER 9, 2021
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.
Plagiarism Today
NOVEMBER 8, 2021
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 reporter.lu and covered by Pol Reuter (French language article). According to the report, nearly all the 1999 thesis was plagiarized save a brief introduction and a brief conclusion that appears to be original.
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Erik K Pelton
NOVEMBER 11, 2021
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.
TorrentFreak
NOVEMBER 10, 2021
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. This chapter didn’t end as planned for Fredrik Neij, Peter Sunde, and Gotffrid Svartholm, who were eventually sentenced to prison.
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
The IPKat
NOVEMBER 7, 2021
The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). The request for preliminary ruling arose from a dispute between Ferrari and Mansory Design, currently pending before the German Federal Court of Justice (Bundesgerichtshof).
Plagiarism Today
NOVEMBER 8, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Embattled copyright lawyer suspended from practice in New York. First off today, Blake Brittain at Reuters reports that controversial copyright lawyer Richard Liebowitz has been suspended from practicing law in New York State following a ruling by an appeals court. Liebowitz earned a reputation as a “copyright troll” filing thousands of lawsuits, mostly on behalf of photographers who’d had their
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
NOVEMBER 6, 2021
There is little doubt that, for many people, streaming services have become the standard for watching TV-shows. This is no surprise, since subscription-based streaming services are among the best and most convenient alternatives to piracy at this point. However, the appeal of the streaming model becomes diluted when there are too many ‘Netflixes.’ Most people gladly sign up for one or two streaming services, but more than a handful is a bridge too far for many.
IP Watchdog
NOVEMBER 11, 2021
One recurring thorn in the side of copyright owners is Cloudflare, the San Francisco-based web performance, optimization, and security company. Cloudflare offers many services to its customers, including a content delivery network that utilizes hundreds of servers around the world to cache its customers’ content. When an end user requests content from one of Cloudflare’s customers, it is delivered to that user from the cached copy on the nearest Cloudflare server—not the customer’s own web host
Plagiarism Today
NOVEMBER 11, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Supreme Court Questions H&M’s Bid to Sew Up Copyright Win. First off today, Blake Brittain at Reuters reports that the U.S. Supreme Court heard arguments in the Unicolors v. H&M case, which asks questions about whether a mistake in filing a copyright registration should cause a copyright infringement case to be dismissed.
Erik K Pelton
NOVEMBER 8, 2021
The following is an edited transcript of my video, The Trademark Instrument Panel. I’ve had the pleasure and challenge recently of helping teach my son to learn how to drive. It brings back lots of memories of learning to drive myself , it really forced me to think about how many things go into learning to drive. My son and I were talking one day recently about all of the information that’s communicated on the dashboard.
Advertiser: IPO
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
SpicyIP
NOVEMBER 7, 2021
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. The deadline for registration is 8th November, 2021. For further details, please read the announcement below: Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18 – Dec 17].
The IPKat
NOVEMBER 9, 2021
While some countries have already adopted the DSM Directive into their own laws (last week it was the turn of Spain and Italy: see here and here ), many are still working full force on implementing it, despite that the deadline has already passed. As to Sweden, a government inquiry was initiated last year and completed earlier this autumn. Only last month did the relevant Committee complete the inquiry; a memorandum has now been sent for consultation to relevant governmental agencies, organizati
IP Watchdog
NOVEMBER 9, 2021
Blockchain’s history begins in 1991, when Stuart Haber and W. Scott Stornetta published a paper describing a cryptographically secured chain of blocks. It took another 18 years before a developer who called himself Satoshi Nakamoto released a white paper that established the model for a blockchain and then, a year later, implemented the first blockchain as a public ledger for transactions using bitcoin.
TorrentFreak
NOVEMBER 12, 2021
Books and scientific papers are considered some of the most valuable sources of knowledge on the planet. Millions rely on them for education and insight but while information wants to be free, this content comes with a price tag. Publishers are therefore desperate to prevent people from accessing their premium content from pirate sites. A key weapon of choice to achieve this in the UK is the site-blocking injunction.
SpicyIP
NOVEMBER 11, 2021
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. For further details, please read the post below: Fourth IP & Innovation Researchers of Asia Conference.
The IPKat
NOVEMBER 7, 2021
Merpel celebrated Halloween in Florence Together with Spain [Katpost here ] , this week it has been Italy’s turn to transpose the DSM Directive into its own law. Next week, the Legislative Decree approved by the Council of Ministers will be published on the Italian Official Journal ( Gazzetta Ufficiale ). During the summer, The IPKat discussed the content of some of the most ‘interesting’ draft provisions that Italy was considering adopting to implement the Directive into its own law.
IP Watchdog
NOVEMBER 9, 2021
Representative Thomas Massie (R-KY) on November 5 introduced a bill, titled the Restoring America's Leadership in Innovation Act of 2021 (RALIA), HR 5874, that would repeal the Patent Trial and Appeal Board (PTAB), return the patent system to a “first-to-invent” model, rather than first-to-file, and would end automatic publication of patents. Inventor groups such as US Inventor and conservative groups are supporting the legislation.
TorrentFreak
NOVEMBER 12, 2021
While pirated Hollywood blockbusters often score the big headlines, there are several other industries that have been battling piracy over the years. This includes sports organizations. Sports piracy often comes with the added challenge that it mostly affects live events. This means that takedowns and other disruption efforts have to be near to instant.
Copyright Alliance
NOVEMBER 9, 2021
With hundreds of millions of blog posts uploaded to the internet every year, it’s inevitable that some will violate copyright laws. But bloggers can greatly reduce instances of infringement through […]. The post How to Legally Use Images, Videos, and Other Content in Blog Posts appeared first on Copyright Alliance.
The IPKat
NOVEMBER 9, 2021
A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Katfriend Emily Nuttall-Wood (Deloitte Legal) has sent this report: Conference report: ‘The Fashion Marketplace: Law and Policy’ by Emily Nuttall-Wood Having found the insights shared at Fashion Law London’s last event on sustainability in fashion immensely useful (see previous post here ), there was some determination on my part to attend the latest event on 22 October,
JD Supra Law
NOVEMBER 8, 2021
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)." The Final Guidance provides its Answers in final form, having been subject to the notice and comment requirements for FDA Guidances and originally promulgated as Questions and Answers on Biosimilar Developmen
TorrentFreak
NOVEMBER 9, 2021
The entertainment industry’s battle against pirate sites is frequently described as a cat-and-mouse game. The site operators are often anonymous or located in exotic countries, completely ignoring any and all legal threats. Take The Pirate Bay, for example. While the site’s founders were convicted over a decade ago , the site continues to thrive.
IP Watchdog
NOVEMBER 9, 2021
A judge has affirmed the ability of the UK courts to settle FRAND terms of a patent license covering foreign patents, despite the defendants challenging the court’s jurisdiction. But in his judgment, published on November 4 20201, His Honour Judge Hacon noted that the current framework for settling a global license between owners of standard essential patents (SEPs) and implementers “is plainly not satisfactory.
IPilogue
NOVEMBER 10, 2021
Photo by Martin Katler ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. Unsurprisingly, Sony sent DBrand a cease-and-desist letter , which the Canadian company published online and used to generate marketing for a newer, allegedly “not illegal,” albeit similar, pr
JD Supra Law
NOVEMBER 9, 2021
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.
TorrentFreak
NOVEMBER 9, 2021
Last week we reported that a San Francisco law firm acting for Japanese publisher Shueisha had filed an ex parte application at a California district court. The application, which sought discovery of information for use in a foreign proceeding ( 28 U.S. Code § 1782 ), targeted a number of websites believed to act as file-hosting repositories for pirated manga works.
IP Watchdog
NOVEMBER 9, 2021
tandard Setting Organizations (SSOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come. Those disclosing patented technologies to an SSO during the development of a standard commit to offering a license at a FRAND (which stands for Fair, Reasonable and Non-Discriminatory) rate to the extent the patent is essential, as expl
IPilogue
NOVEMBER 11, 2021
Photo by Prof. Pina D’Agostino. Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Brace Memorial Lecture. This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very fi
Corsearch
NOVEMBER 11, 2021
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!
TorrentFreak
NOVEMBER 11, 2021
Most pirate sites and apps won’t survive without ad revenue. This is why the advertising industry is seen as an ally in the fight against piracy. Over the years, several ad-focused anti-piracy initiatives have emerged. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. WIPO’s Pirate Site Blocklist.
IP Watchdog
NOVEMBER 6, 2021
The Brazilian Patent and Trademark Office (BPTO) began accepting applications for position trademarks on October 1, 2021. Position marks are trademarks characterized by the particular spot in which they are placed on a product. While position marks were previously acknowledged by the BPTO and by the courts, they had yet to qualify for separate trademark registration; most brand owners registered them as figurative or three-dimensional marks. .
IPilogue
NOVEMBER 9, 2021
Photo by CHUTTERSNAP ( Unsplash ). Emily Chow is an?IPilogue?Writer and a 1L JD Candidate at Osgoode Hall Law School.? . . I wouldn’t consider myself to have a “green thumb” or have been born with plant parent instincts. Rather, it’s taken various (unsuccessful) experiments with succulents, cacti, annual and perennial flowers, and lush tropical plants to learn how to not lovingly flood them with water, despite my best intentions.
SpicyIP
NOVEMBER 9, 2021
We’re pleased to inform you that Department for the Promotion of Industry and Internal Trade (DPIIT) IPR Chair, GNLU and Microsoft Chair on IPR Law and Policy Research are jointly organizing a Panel Discussion on ‘3D Printing and Intellectual Property: Prospects and Challenges ‘ on 13th November, 2021. Panel Discussion on 3D Printing and Intellectual Property: Prospects and Challenges.
TorrentFreak
NOVEMBER 10, 2021
Over the past year in particular, anti-piracy group Rights Alliance has been applying maximum pressure to various players in the piracy ecosystem. Through detailed investigations that are ultimately referred to local law enforcement, one of the group’s main aims is to disrupt and ultimately disassemble the private torrent site scene in Denmark.
IP Watchdog
NOVEMBER 8, 2021
On November 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Celgene Corp. v. Mylan Pharmaceuticals Inc. affirming a ruling of the District of Delaware, which dismissed a Hatch-Waxman lawsuit against related Mylan entities for either improper venue or failure to state a claim upon which relief could be granted.
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