October, 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.

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).


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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.

Federal Circuit Further Eases Path for Obtaining Design Patents


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.

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.

‘Copyright Troll’ Boss Faces Arrest Over Failed Payments in Piracy Case


In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements.

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.

More Trending

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.

Trademark: Uggs are generic in Australia, Can I import them without a license from UGG®?


by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia.

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

Megaupload Lawsuits Remain in Limbo After Nearly 10 Years Passed


Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States. Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers.

Music 104

The Elizabeth Haigh Cookbook Plagiarism Scandal

Plagiarism Today

Elizabeth Haigh was, until this week, a rapidly rising start in the cooking world. Featured on the 2011 BBC MasterChef competition, she was the head chef at London restaurant Pidgin when it earned a Michelin Star and is the owner of the popular restaurant Mei Mei.

New vehicle supply constraints and the impact on personal injury claims

Nelligan Law

Reading Time: 2 minutes The COVID-19 pandemic has spared few industries from disruption and in recent months, the automotive industry has felt the sting of the global semiconductor shortage, halting the production of new vehicles across North America and Europe.

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

Attorney fees awarded since patentee knew it had a losing case.


by Dennis Crouch. This decision suggests that the Federal Circuit is acceding to the Supreme Court’s approach giving broad discretion to the district courts in attorney fees cases rather than nit-picking individual elements of the totality-of-the-circumstances test. But, we’ll see. .

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.

Adobe Uses DMCA to Nuke Project That Keeps Flash Alive, Secure & Adware Free


As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of.

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.

Dana DuPerron on CTV News

Nelligan Law

Reading Time: < 1 minute As mandatory workplace vaccine policies begin to roll out, employers and employees have new questions about their legal rights and obligations. Dana DuPerron speaks with CTV News at Noon on how to navigate this complex employment law topic.

Law 80

Was Mark Twain the Original “Bad Art Friend”?

Copyright Lately

More than a century before feuds over kidney donation stories captivated the internet, Mark Twain and his friend Edward House battled over a stage adaptation of “The Prince and the Pauper.”.

Art 82

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


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.

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

Google Opposes ‘Sweeping’ Popcorn Time Piracy Blocking Request


For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Popcorn Time Crackdown.

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.

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?


What’s in the Box? Counterfeits and Online Marketplaces

The Illusion of More

In March, Senators Durbin and Cassidy introduced the INFORM Consumers Act, legislation meant to provide us with greater transparency when shopping through large online marketplaces, which is to say Amazon.

Timbs: Iconic Enough for Trademark Protection?


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?

A Brief Overview of the Metaverse and the Legal Challenges It Will Present

JD Supra Law

If you are just wrapping your head around the concepts of virtual reality and augmented reality, it may be time to get past the learning curve, as more technology companies are talking about creating the “metaverse.”. By: Morgan Lewis - Tech & Sourcing

Bond’s “No Time to Die” Leaks on Pirate Sites Before U.S. Premiere


This week the “No Time to Die” premiered in movie theaters around the world. A few countries have to wait a bit longer for the latest Bond movie. These include the US, Russia, and France which have a week delay.

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 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.

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.

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


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.

[Webinar] Protecting Software Intellectual Property in Electric and Autonomous Vehicle Technologies - November 3rd, 12:00 pm - 1:30 pm EDT

JD Supra Law

Technical advancements, in both vehicle electrification and automation, are increasingly focused on software innovations, while the focus on hardware innovations appears to be somewhat diminished.

VPN Service will Block BitTorrent and Keep Logs to Settle Piracy Lawsuit


A group of movie production outfits, including affiliates of the film studios Millennium Media and Voltage Pictures, filed a lawsuit against VPN.ht in March. The companies accused the VPN provider of promoting the piracy app Popcorn Time to its users, noting that a VPN.ht

3 Count: Polar Thawing

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sinclair, Photographer Resolve Copyright Dispute Over Polar Bear Video.

Music 130

Key Trademark Search Terms

Erik K Pelton

Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth. Erik clarifies the various trademark search types in this episode. The post Key Trademark Search Terms appeared first on Erik M Pelton & Associates, PLLC. Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth.