Mon.Dec 12, 2022

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5 Ways Copyright Has Shaped the Holidays

Plagiarism Today

The holiday season is upon us, and it’s safe to say that festivities are kicking into high gear. However, as you enjoy your favorite seasonal traditions, it’s important to remember that, just like most things in our lives, copyright has had a role in shaping it. Whether it’s a movie becoming a holiday classic due to it being (briefly) in the public domain, holiday songs still very much under copyright, multiple legal questions around a children’s classic or some long-running myths that have chan

Copyright 262
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AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight

Hugh Stephens Blog

A quarter of a century ago, the internet was going to bring us wonderful things. The hubris of Silicon Valley was incarnated in the cyberlibertarian rantings of so-called internet guru John Perry Barlow and his “Declaration of the Independence of Cyberspace”.

Art 246
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3 Count: Triller Fight

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Triller Confirms Owing Sony $2Million, Vows to Pay Less for Music. First off today, Bruce Houghton at Hypebot reports that the video sharing and social networking service Triller has hit back in a lawsuit filed by Sony Music Entertainment, saying that it did nothing wrong even as it acknowledges a $2 million debt to the company.

Music 177
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The Value of a Great Logo

Erik K Pelton

The following is an edited transcript of my video The Value of a Great Logo. Great logos can be very powerful marketing tools for big businesses and the smallest of businesses as well. A great logo is memorable and can convey a message about the business, the brand, and the products or services to the customer in a way that the words can’t or that enhance what the words the brand itself would convey.

Branding 147
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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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Best of 2014: Redskins decision: The present judges the past

Likelihood of Confusion

Originally posted on June 18, 2014. I’ve been writing about the dispute over the REDSKINS trademark on this blog more or less since the beginning of the blog itself. Today. The post Best of 2014: Redskins decision: The present judges the past appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 133
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High Court Asks Solicitor General for Views on Genius-Google Copyright Preemption Case

IP Watchdog

The U.S. Supreme Court today invited the Solicitor General’s views in a copyright case that asks the High Court to grant a petition on the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?” The petition was brought by ML Genius Holdings (Genius), an online platform for transcribing and annotating song lyrics, against Google and LyricFind, which Genius claims breached

Copyright 124

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Post-AIA Applications

Patently-O

by Dennis Crouch. The America Invents Act became law in September 2011, but the first-to-invent provisions only took effect for patent applications filed after March 16, 2013. Most US utility applications claim back to an earlier application filing: either prior utility patent application, provisional patent application, PCT application, or foreign patent application.

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Tencent, video games, the metaverse and diversity: an insider’s view

WIPO Magazine

Jia Wang, Deputy Director of the Technology Service for the North Americas Team within Tencent’s interactive entertainment group, discusses the future of video games and the role IP plays in her work.

IP 111
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What Unauthorized Manipulation of Starlink Signals Teaches Us About the Importance of IP

IP Watchdog

Starlink signals can be manipulated. In fact, they already have been, by unauthorized third parties. The agents are proclaiming their success and letting the world know that there is nothing Starlink can do about it. I’m inclined to agree. A professor at the University of Texas has found a way to use Starlink signals to develop a new global navigation technology that would operate independently of GPS or its European, Russian, and Chinese equivalents (Starlink’s terminals have also been successf

IP 111
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Yout Seeks Clarification on the Legality of Youtube-DL Based Software

TorrentFreak

Two years ago, the RIAA caused outrage by taking down the open source YouTube-ripping tool youtube-dl from GitHub. The RIAA cited the DMCA’s anti-circumvention provisions, arguing that the tool could be used to download their artists’ musical works from YouTube, in breach of copyright. With little supporting case law in the United States, the RIAA referenced a German court ruling instead.

Music 100
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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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ITC Monthly Wrap-Up: November 2022

JD Supra Law

This month’s ITC wrap-up reviews a recent Commission opinion that examines the evidence a complaint needs to proffer to satisfy Section 337’s domestic industry requirement. Certain Televisions, Remote Controls, and Components Thereof, Inv. No. 337-TA-1263, Comm’n Op. (Nov. 30, 2022).

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How To File A US Design Patent Based On Foreign Priority

Patent Trademark Blog

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date. If the delay past the 6-month deadline is unintentional, an applicant might be able to file a late US design application with a priority claim by the 8-month date from the foreign priority date.

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Federal Circuit Patent Watch: IPR disclaimers are binding in later proceedings but not in the proceeding in which it is made

JD Supra Law

Precedential Federal Circuit Opinions - 1. VLSI TECHNOLOGY LLC v. INTEL CORPORATION [OPINION] (2021-1826, 11/15/22) (Chen, Bryson, Hughes) - Bryson, J. Affirming in part, reversing in part, and remanding unpatentability of challenged claims in IPR proceedings. First, the Court rejected patent owner’s argument that the Board failed to acknowledge and give proper weight to the district court’s claim construction for the term “force region.”.

Patent 98
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Recipes for a Healthy Information Diet

Velocity of Content

In the final weeks of 2022, Velocity of Content is looking back at the past twelve months of programs. Too much information. If that’s driving you insane, then you should know there are ways to focus and filter for information success. Dr. Tracy Brower , a sociologist and author of two books exploring happiness, fulfillment, and work life, say we can all be more selective about the choices we make over how we consume information.

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USPTO Introduces Cancer Moonshot Expedited Examination Pilot Program

JD Supra Law

The Cancer Moonshot Expedited Examination Pilot Program (the new Pilot) will accord special status (earlier examination) to patent applications directed to technologies to prevent cancer and cancer mortality. The new Pilot replaces the Cancer Immunotherapy Pilot Program, which expedited examination for cancer immunotherapies and had been in place since mid-2016.

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Arbitration and mediation: resolving patent licensing disputes in the world of standardized technology

WIPO Magazine

Standardized technology ensures the digital devices we use every day communicate seamlessly. The so-called standard essential patents that underpin a technology standard and the terms under which they are licensed can trigger legal disputes. Arbitration and mediation offers notable benefits in handling them.

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The Law Bytes Podcast, Episode 150: How Will Canada Regulate News and Streaming – My Appearance on TVO’s The Agenda

Michael Geist

The government’s two big Internet bills – Bill C-11 and Bill C-18, both made significant advances late last week. The Senate Transport and Communications committee concluded months of hearings on Bill C-11 by agreeing to about 25 amendments, notably including a change to the scope of user content regulation that is designed to limit the application to sound recordings as well as the removal of a provision that critics feared would limit CRTC independence.

Law 87
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Green trademarks and the risk of greenwashing

WIPO Magazine

With climate change, demand for goods that are sustainably produced and environmentally friendly is rising, with many companies embracing green marketing. Kathryn Park explores how brands can go green the right way and avoid the perils of greenwashing.

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The Show Must Go On – AI Developments in Music

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. This past summer, Amazon made headlines when it announced an update that would make Alexa capable of impersonating deceased family members , just after hearing under a minute of audio. While people are still unsure as to whether this is heartwarming or just plain creepy, AI continues to evolve, with recent developments showing its ability to not only mimic human speech but also singin

Music 94
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DMCA Section 1201 Still Constitutional Says Circuit Court

The Illusion of More

The Electronic Frontier Foundation (EFF) was dealt a significant (possibly fatal) blow in its longstanding endeavor to have the courts abolish the entirety of DMCA Section 1201 as an unconstitutional violation of the First Amendment. The case Matthew D. Green, et al. v. United States Department of Justice was filed in July of 2016, and […]. The post DMCA Section 1201 Still Constitutional Says Circuit Court appeared first on The Illusion of More.

Law 78
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Tips from the National Weather Service on Staying Safe During a Winter Storm

U.S. Department of Commerce

Tips from the National Weather Service on Staying Safe During a Winter Storm. December 12, 2022. KCPullen@doc.gov. Mon, 12/12/2022 - 13:07. Winter storms can bring snow, sleet, and freezing rain across the entire United States and its territories. Even Hawaii gets snow in its Big Island, and major cities as far south as Atlanta and Dallas have been paralyzed by snow and ice.

Designs 74
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Turning commitments into action on the 1.5? pathway

McKinsey Operations

In this episode, Mark Carney, co-chair of GFANZ, talks to our host Cindy Levy, a senior partner at McKinsey & Company. They discuss the challenges facing financial institutions on this journey and how to speed up the net-zero transition.

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'We Buy Ugly Houses' Says HGTV Steps On 'Ugly House' TM

IP Law 360

The house-flipping company known for its "We Buy Ugly Houses" advertising on Monday accused a new HGTV television series of infringing its "Ugliest House" trademark and confusing consumers, the latest suit filed in the franchisor's decadelong trademark defense campaign.

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What is a recession?

McKinsey Operations

A recession is the part of an economic cycle that involves an economic contraction.

Contracts 107
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Edible's Bid To Drop TM Suit A 'Misdirection,' Opponents Say

IP Law 360

Edible Arrangements' attempt to voluntarily toss its lawsuit targeting Incredibles-brand cannabis products is a transparent bid to avoid an "inevitable" summary judgment defeat and fee obligations in a trademark case it knows it can't prove, the target of the suit said Sunday.

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European talent is ready to walk out the door. How should companies respond?

McKinsey Operations

Like their global peers, Europeans are thinking more about quitting, exacerbating a high job vacancy rate and a skills gap. New research shows how companies can emphasize “people factors” that workers say they need.

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Top Firms Make Growth A Priority For 2023

IP Law 360

Law firm leaders are heading into 2023 with caution, anticipating a tighter budget in preparation for a prolonged period of economic challenge, but some BigLaw firms are planning to grow next year, with leaders eyeing opportunities to expand businesses to new locations and add to their attorney headcounts.

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AD-ttorneys@law - December 2022

JD Supra Law

TTAB Emancipates “Queen of Christmas” from Mimi - Mariah Carey lets mark registration go unchallenged - Breakdown - Mariah Carey takes a lot of guff for.strange behavior. We won’t review the stories here; poring over Carey’s eccentricities has been a hobby of the entertainment press for years now and we don’t have to take part.

Law 65
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Beach Boys Singer Asks Federal Judge To Sanction Rival Atty

IP Law 360

Beach Boys singer Michael Love and his family asked a Nevada federal judge on Friday to sanction his former lawyers for withholding documents and preventing them from contacting key witnesses in a long-running dispute over attorney fees related to their previous representation of the singer.

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Digital transformations in energy retail: A shift toward advanced platforms

McKinsey Operations

More energy retailers are transforming their digital platforms to cut costs and to stay competitive. We explore approaches to platform transformation and key questions to consider before embarking on a transformation journey.

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Justices Ask SG To Weigh In On Genius-Google Lyric IP Feud

IP Law 360

The U.S. Supreme Court sought input from the U.S. solicitor general Monday on lyric provider Genius' contract breach suit against Google over song transcriptions that ended up being preempted by what Genius argues is an unclear provision under federal copyright law.

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Leadership lessons: Becoming a software company

McKinsey Operations

Every company needs to become a software company to compete in the digital age. Here’s how some leaders have made that journey.

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Federal Courts Should Adopt Supreme Court's Amicus Stance

IP Law 360

The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

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This Week in Washington IP: Pride in Patent Ownership Bill Back on Senate Agenda, IPWatchdog Webinar Reviews Vidal’s Impact on PTAB, and USPTO Hosts Boardside Chat with Deputy Director

IP Watchdog

This week in Washington IP news, the Senate Judiciary Committee is holding an Executive Business Meeting in which they will discuss the Pride in Patent Ownership Act, while several Senate subcommittees hold hearings related to American manufacturing, diversity in entrepreneurship, and increasing access to capital in underserved markets. Elsewhere, IPWatchdog is hosting a webinar discussing USPTO Director Kathi Vidal’s tenure, the USPTO will host a virtual Boardside Chat with Deputy Director Derr

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Fed. Circ. Rulings That Gave Patent Law A New Spin In 2022

IP Law 360

Keith Grady at Tucker Ellis looks at critical 2022 Federal Circuit rulings and their impact on patent law, including the February Caltech v Broadcom decision expanding estoppel rules relating to inter partes review practices and the June Centripetal Networks v. Cisco Systems clarification on blind trusts.