Wed.Nov 02, 2022

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3 Count: Early Christmas

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Copyright Office Backtracks on Registration of Partially AI-Generated Work. First off today, Franklin Graves at IPWatchdog reports that the U.S. Copyright Office has begun the process of revoking a copyright registration that was granted to the human author of a piece of artwork that was generated by artificial intelligence (AI).

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5 Things Yoga Taught Me About Trademarks

Erik K Pelton

What lessons from practicing yoga can be applied to trademarks? Erik shares some of his insights in this week’s Tricks of the Trade(mark). For more about all aspects of trademark registration and protection, see [link]. The post 5 Things Yoga Taught Me About Trademarks appeared first on Erik M Pelton & Associates, PLLC. What lessons from practicing yoga can be applied to trademarks?

Trademark 130
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SpicyIP Events: Course on Access to Medicines TRIPS and Patents [Kochi, 10-14 Dec.]

SpicyIP

We are pleased to inform you that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), and Third World Network are organising a five-day course/workshop on Access to Medicines, TRIPS and Patents in the Developing World from December 10- 14 in Kochi, Kerala. The deadline for applications is November 10, 2022.

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Google Removes Hundreds of Domains to Aid French Sports Piracy Crackdown

TorrentFreak

At the start of this year, a French bill went into effect that sanctioned the formation of a new regulatory body. The old HADOPI anti-piracy outfit merged with the Higher Audiovisual Council, creating the Audiovisual and Digital Communication Regulatory Authority ( Arcom ). Sports Piracy Crackdown. Along with this organizational change, Arcom received new anti-piracy powers.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Accelerating green growth in the built environment

McKinsey Operations

The industries that make up the built environment are highly fragmented and slow to change. Creating green growth requires shifts in how players design, build, operate, and decommission assets.

Designs 115
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Bungie & Ubisoft Reach $300,000 Settlement With Ring-1 Cheat Sellers

TorrentFreak

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. For those with a desire to conquer but an aversion to putting in work, options are plentiful too. Cheat vendors are rarely more than a few clicks away, and a few minutes after that, the joys of shooting fish in a barrel are replicated in the digital realm.

More Trending

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Open-Source AI-Generated Art Raises Concerns Amongst Artists

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. A high-tech solarpunk utopia in the Amazon rainforest, a Pikachu fine dining with a view to the Eiffel Tower, a mecha robot in a favela in expressionist style – if you are struggling to visualize any of these descriptions, an AI art generator could most likely help you out.

Art 106
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T-Mobile Escapes Simply Prepaid TM Suit

IP Law 360

A Virginia federal judge has cleared T-Mobile's Simply Prepaid line of telecommunications services from infringement claims in a rival's trademark suit, determining that the mark was abandoned before T-Mobile's first use while also noting that the case raises "unresolved issues within the Fourth Circuit" over priority ownership.

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Translating and protecting brands in the Chinese market

IAM Magazine

If a foreign brand does not have a corresponding Chinese brand name or is popular in the Chinese market but does not have a Chinese name, consumers may proactively give the brand a nickname that they think is fun according to the foreign language pronunciation or composition of the foreign brand name. However, the nickname may have a negative meaning or elements of ridicule and humour, which may d.

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'Brilliant' GW Law Patent Scholar Dmitry Karshtedt Dies At 45

IP Law 360

George Washington University Law School professor and preeminent patent law scholar Dmitry Karshtedt, whose work on biologics patents is currently bolstering multiple U.S. Supreme Court petitions, has died at age 45, Law360 has confirmed.

Law 98
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IPO Diversity in Innovation Toolkit

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.

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Courts Provide Guidance on the Depiction of Real-World Works Including Video Games

JD Supra Law

Many video games are marketed on the photorealism of their imagery and graphics. However, depending on the depiction, developers and publishers may need to worry about the underlying intellectual property rights in that depiction. Recent court decisions addressing tattoos and tractors in video games show growing intellectual property litigation around real-world designs appearing, even incidentally, in the digital world.

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RJ Reynolds Wants New Trial After $95M Vape Patent Verdict

IP Law 360

Nearly two months after a North Carolina federal jury declared that R.J. Reynolds owes Philip Morris' parent company $95 million for copying its pod-style vape design, the tobacco behemoth is telling the court it deserves a new trial.

Copying 98
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Sustainable spaces: Countering climate risk in capital projects

McKinsey Operations

By taking a deeper, more comprehensive approach to understanding risk, companies can mitigate climate hazards and build resilience into the life cycle of their infrastructure and capital projects.

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Less Than 10% Of Patent Trial Teams Are Led By Women

IP Law 360

Even amid increased attention to gender disparities in the legal profession, the percentage of first chair trial lawyers in patent cases who are women increased only slightly from 2010 to 2019 and remains at less than 10%, a new analysis has found.

Patent 98
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Heritage Minister Pablo Rodriguez Tweets Video Suggesting it Shows Creator Support for Bill C-11, But the Video Pre-Dates the Bill By Nearly a Year

Michael Geist

Canadian Heritage Minister Pablo Rodriguez’s credibility took another hit yesterday with an exceptionally misleading tweet on Bill C-11. The tweet featured a video of artists encouraging Canadians to seek out Canadian content, which Rodriguez used to tweet “I’m hearing so many stories from artists about how Bill #C11 will make a real difference for artists.

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Highlights From CCC’s OA Innovation Seminar Series

Velocity of Content

This article originally appeared in Publishing Perspectives , re-published with permission. Over the last decade, scholarly publishing has moved toward Open Access business models, driving enormous change across all stages of the research workflow. In the UK and across Europe especially, and in North America as well, publishers turn to technology and organizational innovation to achieve sustainability.

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Air Sports Law : A Safety Shield

IP and Legal Filings

Introduction. India is a country known for the countless sports played throughout its territories. Recently, the demand for adventurous sports has passionately promoted the growth of air sports activities such as air-racing, aerobatics, aeromodelling, hang gliding, paragliding, paramotoring and skydiving etc. Such sports have significantly developed in India due to its extensive geographical expanse, diverse landscape and suitable weather conditions.

Law 83
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Fish & Richardson Names Julie DuBois Chief Financial Officer

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson has named Julie DuBois as its new chief financial officer. DuBois will oversee the firm’s financial operations and strategy across its 14 offices. DuBois has over 30 years of financial management experience in professional services, including RBC Wealth Management, where she held positions in finance as well as strategy for the U.S.

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Key trends in US logistics according to 70 CXOs

McKinsey Operations

The sector’s brightest minds have shed light on three key trends that logistics providers could implement in the face of market disruptions.

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Rethinking academic conferences

The IPKat

Following the previous Katpost [ here ] which raised some questions about the effectiveness of academic conferences, I received a number of direct responses from readers leading to some constructive conversations on the topic. [A selection of anonymised quotes is provided below]. Thinking of solutions now! Image: Riana Harvey The overwhelming feeling from readers was an agreement in favour of rethinking academic conferences - many expressed similar and additional concerns to those that I raised

Law 78
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Why bad strategy is a ‘social contagion’

McKinsey Operations

Author and academic Richard Rumelt explains how to develop strategies that aim to solve problems rather than simply state ambitions.

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Distributing Cases in W.D.Tex.

Patently-O

On July 25, 2022, W.D.Tex. Chief Judge Garcia issued a unique order regarding assignment patent cases filed in Waco Texas federal court. Prior to that order, all Waco cases were assigned to Judge Albright. Many accused infringers complained that Albright was taking cases to trial to quickly and after some political pressure Judge Garcia issued this new order that going forward any patent actions filed in Waco will be distributed randomly to one of twelve W.D.Tex.

Patent 72
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Shipping rates are finally falling. Will they reach prepandemic levels?

McKinsey Operations

Steve Saxon explores why container rates have fallen and how shippers and carriers can safeguard themselves against future uncertainty.

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Overbroad State Right-to-Repair Bills Would Violate Federal Copyright Law

IP Watchdog

The right-to-repair movement has been making strides in recent years, as many states are now contemplating bills that would require electronic device manufacturers to make their parts, tools and know-how available to device owners and independent repair shops. While the goal of expanding repair opportunities for consumers is certainly laudable, repair advocates are pulling a fast one when it comes to the federal copyright law implications of their preferred state legislative solutions.

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Accelerating the green transition through finance

McKinsey Operations

Achieving net zero will require substantial investment. Addressing the B20’s International Advocacy Caucus, McKinsey’s Bob Sternfels shared green-finance ideas.

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Online Jeweler's TM Suit Partly Survives Against Rival

IP Law 360

An Illinois federal judge on Wednesday refused to toss jeweler Bella Cosa's trademark lawsuit against a competitor over its Belle Cose jewelry brand, while determining that it doesn't have personal jurisdiction over one of the defendants who lives out of state.

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Amici Back Jump Rope Company in Supreme Court Case

IP Watchdog

Three amici filed briefs last week in Jump Rope System’s petition asking the U.S. Supreme Court to review a U.S. Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability. Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

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Gibson TM Win Shows Delays Don't Bar Injunction

IP Law 360

Gibson v. Armadillo Distribution, in which a Texas federal court recently imposed an injunction for trademark infringement after a 40-year filing delay, demonstrates that it may never be too late for a trademark holder to pursue and assert its rights, say Vikram Mathrani and Bea Swedlow at Honigman.

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Cocoa/cacao? More like tomay-to/tomah-to, court rules

43(B)log

Lee v. Mondelez Int’l, Inc., 2022 WL 16555586, No. 22-cv-1127 (LJL) (S.D.N.Y. Oct. 28, 2022) Lee sued over Green & Black’s dark chocolate products, which advertise specific percentages of “cacao” on their front label, such as 60%, 70%, and 85% cacao. The front labels also announce that the products are “made with the finest Trinitario cacao beans” or “fine Trinitario cacao beans.

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'Dad, Disney Took Your Song': Suit Says 'Frozen II' Stole Tune

IP Law 360

"Some Things Never Change," a song from Disney's "Frozen II," ripped off the melody, rhythm, tempo, chords and lyrics of a decades-old song from a Georgia singer-songwriter so blatantly that his 11-year-old daughter recognized the copyright theft the first time she heard it, a California federal court suit alleged Tuesday.

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The Alice Test for Patent Ineligibility in Practice, Part Two: The Federal Circuit Affirms a Dismissal

LexBlog IP

In a recent post , I discussed a September Federal Circuit decision ( Cooperative Entertainment v. Kollective Technology ) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. v. CLS Bank test. Just weeks after that ruling, the Federal Circuit in IBM v.

Patent 59
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The Alice Test for Patent Ineligibility in Practice, Part Two: The Federal Circuit Affirms a Dismissal

IP Tech Blog

In a recent post , I discussed a September Federal Circuit decision ( Cooperative Entertainment v. Kollective Technology ) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. v. CLS Bank test. Just weeks after that ruling, the Federal Circuit in IBM v. Zillow ruled on another appeal from a dismissal on eligibility grounds in a case also involving IT patents.

Patent 57
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The Sound of Silence: Take Two

JD Supra Law

In claiming a negative limitation, where the specification is silent as to that limitation, the written description requirement for support is a showing of inherency. So says a June 2022 split decision of the re-constituted panel of the Federal Circuit Court of Appeals on rehearing and reversal of Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc.

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How to Increase Profitability and Retain Customers in the Insurance Industry

LexBlog IP

Insurers have a variety of ways to improve profitability and retain customers. These strategies include increasing net income and reinsuring more risk. These strategies also involve raising additional capital. Some companies try to improve their customer service by focusing on one or two areas. Other companies employ a combination of methods. Regardless of the strategy, insurers will often seek to maintain a high level of capacity in order to avoid large losses.

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Here’s How You Can Maintain Your Trademark Registration in India

Kashishipr

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Firstly, it is imperative to understand what a trademark is and how it differs from other forms of Intellectual Property (IP).