Tue.Jun 28, 2022

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Who the Copyright Claims Board May Help the Most

Plagiarism Today

Earlier this month, the Copyright Claims Board (CCB) began accepting cases. The long sought after copyright small claims court , the CCB can hear cases where the damages are less than $15,000 per work or $30,000 in total. While the full usefulness of the CCB remains up in the air, especially considering that respondents can simply opt out of the proceedings, that hasn’t stopped claims from pouring in.

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How NOT to Protect Your Trademark?

Erik K Pelton

In this week’s whimsical episode, Erik takes a sarcastic approach about what NOT to do in order to protect a trademark. Press the play button and discover his insights and learn why Erik’s family thinks he is a sarcasm expert. The post How NOT to Protect Your Trademark? appeared first on Erik M Pelton & Associates, PLLC. In this week’s whimsical episode, Erik takes a sarcastic approach about what NOT to do in order to protect a trademark.

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Trending Sources

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3 Count: House Party

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: BET Must Face Copyright Claim Over ‘House Party’ Web Show. First off today, Blake Brittain at Reuters reports that Black Entertainment Television (BET) will have to face a copyright infringement lawsuit by Walkie Check Productions over BET’s Instagram Live show House Party.

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Piracy Domains Seized By US Because Verisign & GoDaddy Are American

TorrentFreak

Last week, Brazilian law enforcement agencies announced a new wave of Operation 404. The anti-piracy initiative began in 2019 and with the assistance of law enforcement agencies in the United States and United Kingdom, Brazilian authorities claim to have put hundreds of websites and apps out of action via blocking and domain seizures. Department of Justice Announces Seizures.

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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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Meet the psychological needs of your people—all your people

McKinsey Operations

Too many employers pay too little heed to the needs of the lower earners in their company. Here’s why—and how—they should shift gears.

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Another Court Says Section 230 Applies to Retweeting–Holmok v. Burke

Technology & Marketing Law Blog

Holmok teaches at Lakewood High School. Virag tweeted: “When I was in his engineering class, I had been a part of a few reports filed against him. Some being racial and some being sexist. Nothing was ever done.” Burke retweeted Virag’s tweet and added “@Lakewood_LHS.” Holmok sued Burke for retweeting Virag’s tweet. The court dismisses per Section 230.

More Trending

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How the operating model can unlock the full power of customer experience

McKinsey Operations

By embedding customer experience within the organization and its operating model, companies can provide superior customer experience and realize tangible business impact.

Business 123
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Amazon Brand Protection Report Details Major Anticounterfeiting Investments But Small Businesses Want Stronger Policing Against Knock-Offs

IP Watchdog

Earlier this month, e-commerce giant Amazon.com issued its latest Brand Protection Report detailing steps taken by the tech titan to reduce the tide of counterfeit products being sold to consumers around the globe. While the report identifies several concrete steps taken by Amazon to prevent knock-offs from being listed for sale, there are plenty of questions that yet remain as to whether Amazon is genuinely committed to eliminating sales of fake branded products that the company has been known

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Alleged Copyright Violations: LSO v NCA Exam Guru

IPilogue

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In March, the Law Society of Ontario (LSO) announced that it would cancel its March 2022 licensing examinations , citing information that “strongly indicat[ed] that examination content [had] been improperly accessed by some candidates” and evidence of “potential involvement of third parties in this activity.

Copyright 118
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How to Look Good at the Cost of Your Successor (Please Don’t!)–Part 3

Christopher Roser

This is the last of my three posts on how to benefit at the cost of your successor. And again, please don’t. This is more of a warning on how to damage the plant for the benefit of the manager. And again, I hope rather than someone using this as a to-do list, someone uses. Read more. The post How to Look Good at the Cost of Your Successor (Please Don’t!

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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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The six secrets of profitable airlines

McKinsey Operations

What airlines can learn from the small group of carriers that yield consistently strong results.

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A Conversation Between Copyright Alliance CEO Keith Kupferschmid and Register of Copyrights Shira Perlmutter About the Copyright Claims Board?

Copyright Alliance

With the launch of the new Copyright Claims Board (or CCB) on June 16 within the U.S. Copyright Office, Copyright Alliance CEO Keith Kupferschmid spoke with Register of Copyrights Shira […]. The post A Conversation Between Copyright Alliance CEO Keith Kupferschmid and Register of Copyrights Shira Perlmutter About the Copyright Claims Board? appeared first on Copyright Alliance.

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Response to Request for Quote Held Commercial Offer for Sale, and Invention Invalid

JD Supra Law

In Junker v. Medical Components, Inc., the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed. In particular, a letter was sent that included pricing information, payment terms, shipping conditions and bulk pricing options, which the court held are typical of commercial contracts.

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Forward Thinking on war in Ukraine, inflation, and cooperation in a fractured world with Jean Pisani-Ferry

McKinsey Operations

An eminent European economist discusses the economic challenges arising from the war in Ukraine, the spreading economic turbulence, and the need to work together to nurture global public goods.

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Federal Court finds Janssen’s macitentan combination therapy patent valid

JD Supra Law

On May 31, 2022, the Federal Court released a decision by Justice Pallotta in a patent infringement action pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations in relation to macitentan (Janssen’s OPSUMIT). The Court found claims 21-31 (the Asserted Claims) of Canadian Patent No. 2,659,770 (the 770 Patent) valid and granted a declaration of infringement: Janssen Inc v Sandoz Canada Inc, 2022 FC 715.

Patent 97
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The Missing Bill C-18 Charter Statement: Why Did the Justice Department Remove the Document Confirming the Online News Act Includes Payments for Internet Linking?

Michael Geist

Last Tuesday, Justice Minister David Lametti tabled his department’s Charter statement for Bill C-18, the Online News Act. The statement was posted briefly on the department’s website , but within hours was pulled from the site and began to generate a 404 error. By the end of the week, reference to the Bill C-18 Charter statement was removed from the Justice site altogether.

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Two US Senators Solicit Study of Intellectual Property Rights Related to NFTs

JD Supra Law

On June 9, 2022, Sens. Patrick Leahy (D-Vt.) and Thom Tillis (R-N.C.) sent a letter to the directors of the U.S. Patent and Trademark Office (PTO) and the U.S. Copyright Office requesting a study of intellectual property (IP) issues related to non-fungible tokens (NFTs). Citing their roles as leaders of the Judiciary Subcommittee on Intellectual Property and the growing use of NFTs across different fields, Sens.

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Converge IT and OT to turbocharge business operations’ scaling power

McKinsey Operations

The IT/OT stack can be a major stumbling block in digital transformation. Or, with the right changes, it can be the key to unlocking digital at scale.

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A Royal Circuit Split: Supreme Court Will Decide on “Prince Series” Copyright Controversy

JD Supra Law

The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince Series,” a collection of silkscreen prints by Andy Warhol, are fair use of photographs by Lynn Goldsmith under the transformative use doctrine.

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Protective Orders and Joint Defense Agreements

Patently-O

by Dennis Crouch. Static Media LLC v. Leader Accessories LLC and Jen-Feng (Jeff) Lee ( Fed. Cir. 2022). Back in 2018, Static Media sued Leader Accessories in W.D. Wisconsin for infringing its U.S. Design Patent D771,400, covering an ornamental design for a stadium seat. The case ended with a summary judgment of non-infringement. The district court found a large number of similar prior art designs and thus narrowly construed the potential infringement window.

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The McKinsey Crossword: Future Leaders | No. 82

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Data-Driven Decisions Start with Building Trust

Velocity of Content

The post Data-Driven Decisions Start with Building Trust appeared first on Copyright Clearance Center.

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Instagram Photo Embedding Fight Lands In 9th Circ.

IP Law 360

The Ninth Circuit has been asked to revive a proposed class action challenging how easily Instagram lets websites embed photos, with two photographers arguing that a lower court relied on an outdated test that has been rejected by "virtually every court" considering the same issue.

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USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) has published its study on patent eligibility jurisprudence in response to a March 2021 request from Senators Thom Tillis (R-NC), Mazie Hirono (D-HI), Tom Cotton (R-AR) and Chris Coons (D-DE). The study, titled “Patent eligible subject matter: Public views on the current jurisprudence in the United States,” is based on more than 140 comments received following a USPTO request of July 9, 2021, and unsurprisingly concluded that high-tech and computer-re

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DOJ Announces It Will Not Charge CFAA Violations for Good-Faith Security Research

Trading Secrets

The Department of Justice recently announced a revision of its policy concerning charging violations of the Computer Fraud and Abuse Act (the “CFAA”). Following recent decision from the Supreme Court and appellate courts that seemingly narrow the scope of civil liability under the CFAA, the DOJ’s new policy may likewise limit criminal prosecutions under the law.

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CAFC Reverses Contempt Finding for Disclosures of Confidential Discovery Information to Develop Joint Defense Strategy

IP Watchdog

On June 28, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Static Media LLC v. Leader Accessories LLC reversing a contempt finding entered in the Western District of Wisconsin over alleged violations of a protective order from a design patent infringement case between Static and Leader. Circuit Judge Jimmie Reyna authored a brief dissent from the majority opinion, arguing that Leader’s disclosure of certain confidential information with another company

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Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith

JD Supra Law

On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted from an original photograph of Prince taken by Lynn Goldsmith.

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In search of fashion’s sustainability seekers

McKinsey Operations

As eco-conscious generations become more financially stable, brands will need to keep up with increasing demand for sustainable fashion practices.

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Latest Federal Court Cases - June 2022 #3

JD Supra Law

Novartis Pharms. Corp. v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. June 21, 2022) - In this week’s Case of the Week, the Federal Circuit granted panel rehearing of and vacated its prior decision in Novartis Pharms. Corp. v. Accord Healthcare, Inc., 21 F.4th 1362 (Fed. Cir. 2022).

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Election Year Fight Looms Over Copyright Legislation; Issues Reflect Creators’ Concerns and Industry Biases

IP Close Up

Are internet content aggregators little more than public utilities or must they take a more active part in combating fake news and hate speech carried Continue reading.

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A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

Image by Pete Linforth from Pixabay. Introduction. On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. This legal instrument will horizontally set rules applicable to the relationship between manufacturers and users of Internet of Things (IoT) devices.

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Welcome Carter Rickard!

LexBlog IP

This week, we welcome Carter Rickard to OG+S as our Administrative Assistant for the summer! Carter goes to Iowa-Grant High School (Go Panthers!). He plays third base on their baseball team, and last year, as a Freshman, he won gold at state in Forensics. For his gold-medal run, he did Moments in History, and his topic was “Women in government during the 1980s.” Our guess is that he spoke very little about the big hair and oversized shoulder pads and more about the big impact they ma

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Patent reform

Likelihood of Confusion

I joke about patents here, but it’s from love, believe me. If you have anything to do with intellectual property law, however, you are likely to get buttonholed by someone. The post Patent reform appeared first on LIKELIHOOD OF CONFUSION™.

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Text of Decision in Walkie Check v Viacom, SDNY decision denying MtD in Copyright Action Regarding “House Party” Show

LexBlog IP

From the decision: Defendants’ Motion to Dismiss Plaintiff’s Complaint. filed by BET Productions IV, LLC, ViacomCBS Inc., Black Entertainment Television LLC. For the foregoing reasons, Defendant s’ motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff has adequately stated a claim for copyright infringement and may thus pursue discovery on this claim.

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USPTO Issues Report On Patent Eligibility Comments

IP Law 360

The U.S. Patent and Trademark Office issued a report to Congress Tuesday highlighting public comments the agency received on the state of patent subject matter eligibility law, with commenters across the spectrum agreeing that it needs to be consistent, clear and predictable.