Thu.Jun 02, 2022

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O Hypocrisy! U of T Sues Tutorial Service for Copyright Infringement After Ripping Off Authors for the Past Decade?

Hugh Stephens Blog

O Hypocrisy, know ye no bounds? That was the thought that flashed into my head when the University of Toronto (U of T) announced that it was suing Easy Group, a Toronto based tutorial service catering mainly to international students, for copyright infringement. According to a bulletin issued by the university, the institution–in concert with … Continue reading "O Hypocrisy!

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‘Copyright Troll’ Threatens Student Paper Over Creative Commons Image

Plagiarism Today

Earlier this week, Mike Hiestand at the Student Press Law Center (SPLC) shared the story of an unnamed school newspaper that is facing a legal threat from a “copyright troll” over the use of an image on their site. . According to the post, the paper was working on an article about the COVID-19 pandemic and sought a stock image that it could use to accompany the writing.

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Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. This opinion is the first I can recall that answers the question squarely, but the most interesting questions get sent to a jury trial. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law.

Copyright 142
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3 Count: Physical Media?

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: California Court Upholds Right to Rent Physical Media. First off today, Brian J. Levy at Kristina Wang at Wilson Sonsini reports that the U.S. District Court for the Central District of California has granted summary judgment in a case involving the rental of physical media.

Copying 194
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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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YouTube and Uploaded Could be Liable For Pirating Users, Court Rules

TorrentFreak

YouTube users upload millions of hours of videos a week. As with any user-generated content site, this also includes copyright-infringing content. The file-hosting platform Uploaded faces similar issues. While it can be used to share legal files, some people use it to share pirated content. This is a thorn in the side of several rightsholders, who argue that YouTube and Uploaded are liable for the infringing activities of their users.

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Failure is not an option: Increasing the chances of achieving net zero

McKinsey Operations

Countries and companies globally are taking action to pursue net-zero emissions, but their plans could easily be derailed by myriad factors. Here are some considerations for helping to keep them on track.

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Navigating inflation in retail: Six actions for retailers

McKinsey Operations

Retailers are facing the possibility of persistent inflation—but they can meet that challenge in ways that streamline operations, retain customers, and drive profitable growth.

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Australia’s Reversal of its DABUS decision on AI-Generated Inventions: How Does this Impact an Imminent Canadian Discussion on AI Inventorship?

IPilogue

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

Invention 111
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Houston as the epicenter of a global clean-hydrogen hub

McKinsey Operations

Clean hydrogen is emerging as a viable way to reach net zero. In the United States, clean-hydrogen efforts in Houston, Texas, could serve as a template for other regions.

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Kat Von D Tattoo Lawsuit Appears Headed to a Jury

Copyright Lately

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. When lighting technician Blake Farmer got a tattoo of Miles Davis from celebrity tattoo artist Kat Von D in 2017, he never could have imagined that the image on his right arm would one day become Exhibit A in a copyright infringement lawsuit.

Fair Use 109
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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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Author Talks: A new way to think about management

McKinsey Operations

Predicting the future is impossible, but traditional business models try anyway. Roger Martin says management leaders need to revisit the whiteboard.

Business 127
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MarkIt to Market® - May 2022: gTLD Sunrise Period Now Open

JD Supra Law

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.

Marketing 103
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District Court Considers Acceptable Limits to Attorney Participation in Drafting of Expert Reports

The IP Law Blog

In Munchkin, Inc. v. Tomy International, Inc., 1-18-cv-06337 (NDIL May. 24, 2022) the Court considered the permissible extent of attorney participation in the preparation of an expert report. The Court did so in response to plaintiff’s motion to exclude the testimony of defendant’s technical expert for failing to prepare his own report. Specifically, plaintiff Munchkin sought to exclude the opinion of defendant TOMY’s technical expert, Jesse Darley, who offered opinions regarding non-infringemen

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The Unitary Patent System: How to Prepare

JD Supra Law

The Unitary Patent system in Europe has been a long time coming. Started in December 2012 by regulations approved by the European Parliament, it will finally apply with the entry into force of the Unified Patent Court (UPC) Agreement. This is expected to occur by the end of 2022 or beginning of 2023, depending on the time required to establish the court’s operations.

Patent 98
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Bell on Bill C-11: Limit Consumer Choice, Weaken Competition, and Legislate Access to Cheap U.S. Content

Michael Geist

Just over 11 years ago, I wrote a column for the Toronto Star titled U.S. Web-Streamed TV Could Change Game for Canadian Broadcasters. The piece argued that Internet streaming of television was in its infancy, but could soon become the norm with major implications for Canadian broadcasters: While the use of the Internet to by-pass Canadian broadcasters is still relatively rare – most U.S. programs bundle the broadcast and Internet rights together – the decision to stream the games di

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[Event] 13th Summit on Biosimilars & Innovator Biologics - June 28th - 29th, Boston, MA

JD Supra Law

This June, join the “who’s who” of the biosimilars and innovator biologics industries as they gather in Boston for ACI’s 13th Annual Summit on Biosimilars & Innovator Biologics.

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Secretary Raimondo Raises Progress Pride Flag and Reaffirms Commerce’s Commitment to Building a More Inclusive Society for All Americans

U.S. Department of Commerce

Secretary Raimondo Raises Progress Pride Flag and Reaffirms Commerce’s Commitment to Building a More Inclusive Society for All Americans. June 2, 2022. KCPullen@doc.gov. Thu, 06/02/2022 - 14:25. In honor of LGBTQI+ Pride Month, Commerce Secretary Gina Raimondo hosted a ceremony today with Commerce employees and announced the Department will fly the Progress Pride Flag at the Herbert C.

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5 Key Takeaways: Current Perspectives Around the Convergence of Life Sciences and IT

JD Supra Law

The Life Science Washington Institute recently celebrated World IP Day 2022 by sponsoring the “IP Symposium: Current Perspectives Around the Convergence of Life Sciences and IT.” Kilpatrick Townsend partners Andrew Serafini and Patrick Njeim joined other thought leaders as featured speakers at the event. Please see full article below for more information.

IP 98
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CAFC Clarifies Analysis of Intrinsic Evidence on Indefiniteness, Affirms PTAB’s Denial of Sanctions

IP Watchdog

On June 1, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in ClearOne, Inc. v. Shure Acquisition Holdings, Inc. affirming a final written decision by the Patent Trial and Appeal Board (PTAB), which found that a substituted claim offered by the patent owner, Shure, was not invalid due to an indefinite claim term. The Federal Circuit also affirmed the PTAB’s decision denying ClearOne’s request to file a motion for sanctions against Shure for the patent owner’s al

Art 81
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Junior Party Broad Files Reply to Sigma-Aldrich Opposition to Broad Preliminary Motion No. 3 in Interference No. 106,133

JD Supra Law

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to designate certain claims deemed in the Declaration as corresponding to the Interference Count as not having such correspondence, under 37 C.F.R. §§ 41.121(a)(1)(i) and 41.207(b)(2).

Designs 97
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Hong Kong – Copyright (Amendment) Bill 2022 Gazetted

The IPKat

Readers may recall that the Government of Hong Kong launched a 3-month consultation on updating Hong Kong’s copyright regime on 24 November 2021 (see here ). Following this consultation, the Government reported that the Copyright (Amendment) Bill 2022 was gazetted on 27 May 2022 (last Friday). A copy of the Copyright (Amendment) Bill 2022 (“the Bill”) can be found here.

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Supreme Court of Canada denies Merck leave to appeal from decision upholding strict interpretation of patent listing deadline

JD Supra Law

Merck sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 224) affirming a Federal Court decision upholding Health Canada’s refusal to add a patent relating to a formulation of Merck’s KEYTRUDA, a biologic drug containing pembrolizumab, to the Patent Register.

Patent 97
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How to Choose Artwork Titles, Keywords, and Descriptions

Art Law Journal

After you’ve put the finishing touches on your masterpiece, figuring out how to market it with a compelling artwork title might be the last thing on your mind. We get it: sometimes, taking care of the nitty-gritty can feel cumbersome. You’re an artist! You’re interested in creating something expressive and impressive. But the reality is, engaging artwork titles, descriptions, and keywords not only help people find your work, they help people connect with it in a more profound way — which means b

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Vidal Tells Tillis and Hirono She’s Working to Curb IPR Abuse

IP Watchdog

Following a late April request by Senators Thom Tillis (R-NC) and Mazie Hirono (D-HI) to then newly-confirmed United States Patent and Trademark Office (USPTO) Director Kathi Vidal asking her to respond to a number of questions surrounding abuse of the inter partes review (IPR) system, Vidal last week sent a letter explaining she is working on the problem.

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The Future Of Legal Ops: Time To Get Serious About Data

IP Law 360

Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

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[Audio] Cross-Border Patent Assignment--How Can Foreigners Obtain Patent Assignments from Chinese Patentees?

JD Supra Law

Hi everyone. This is Peter Zhang. Today, I‘d like to discuss how to fulfill a cross-border patent assignment in compliance with Chinese law, specifically in the scenario of patent assignment from Chinese patentees (applicants) to foreigners. We should be aware that the patent transfer from a Chinese patentee (applicant) to a foreigner involves technology export, so before going through the transfer proceeding with CNIPA, the patentee (applicant) must make the recordal of the technology export.

Patent 70
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'Influencer Cafe' Ripped Off Brand, The Breakfast Klub Claims

IP Law 360

A Houston restaurant called The Breakfast Klub has filed a trademark lawsuit against a California "influencer cafe" it says swiped its brand — even after the U.S. Patent and Trademark Office denied The Breakfast Club's registration for being too similar and the Texas restaurant refused to share the morning meal moniker.

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OM Weekly Digest 06/02/22

Olartemoure Blog

06/02/22 – Andean Community – Trademarks. On 6 May 2022, the Court of Justice of the Andean Community issued a Preliminary Ruling reviewing, among other things, exports as evidence of trademark use within a cancellation proceeding for non-use. The Court highlighted that exporting products, identified with a trademark from Andean Community member countries, constitutes proof of use of the trademark when said exporting meets two conditions: Products are exported from any of the M

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9th Circ. Won't Revive Pandora's Anti-SLAPP IP Defense

IP Law 360

Pandora can't escape a copyright lawsuit brought by members of 1960s rock band The Turtles, with the Ninth Circuit on Thursday holding that the music streaming giant failed to show that the allegations stemmed from conduct that is shielded by California's anti-SLAPP statute.

Music 74
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US Department of Treasury Takes Aim at Non-Compete Agreements

Trading Secrets

On March 7, 2022, the US Department of the Treasury issued a report entitled “The State of Labor Competition,” (the “Report”)[1 ] making clear once again that the regulation of anti-competitive practices, including curtailing the use of non-competition covenants, continues to be a core component of President Biden’s agenda. The Report states that its purpose “is to summarize the prevalence and impact of uncompetitive firm behavior in labor markets,” focusing predominantly on practices that firms

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TTAB Posts June 2022 (Video) Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled six oral hearings for the month of June 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. June 7, 2022 - 11 AM: Spring Meadow Nursery, Inc. v. Plant Development Services, Inc. , Opposition No. 91252622 [Section 2(d) opposition to registration of JEWEL BOX for "live plants, namely, distylium," in view of the registered marks GEM BOX and JUKE

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New Copyright Board Will Start Hearing Cases On June 16

IP Law 360

After some delay, the Copyright Claims Board will finally begin hearing cases on June 16, the U.S. Copyright Office announced Thursday.

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5 Tips for Protecting Your Trade Secrets Without an Enforceable Noncompete Agreement

JD Supra Law

2022 hasn’t been the friendliest year for employers that seek to protect trade secrets with a noncompete agreement. Although many jurisdictions understand the importance of contractually protecting a company’s legitimate trade secrets when an employee leaves the business, employers have seen some trends against such protection over the last two years.

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May 2022 Roundup of Copyright News

Copyright Alliance

The U.S. Copyright Office announced today that the new copyright small claims court, the Copyright Claims Board will open its doors on June 16. The announcement follows last month’s publication […]. The post May 2022 Roundup of Copyright News appeared first on Copyright Alliance.

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Fish & Richardson Named a Top ITC and Life Sciences Firm by Managing IP; Attorneys Named IP Stars

Fish & Richardson Trademark & Copyright Thoughts

Managing IP recently released its 2022 rankings for intellectual property work, recognizing the world’s most prominent IP litigation practices. Fish was ranked as a “Tier 1” firm nationwide in the ITC and Life Sciences IP categories, an achievement that Fish shares with fewer than 10 other firms in each category. The firm was also selected for inclusion on the list of top IP firms in Delaware and Georgia.

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