Tue.Nov 22, 2022

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Britain’s Proposed Approach to Text and Data Mining (TDM) for AI: How Not to do It (A Lesson for Canada and Others).

Hugh Stephens Blog

Last month I wrote about the emerging phenomena of AI-generated art through widely available programs such as DALL-E 2, Stable Diffusion and others, and of the threat they pose to artists, designers, photographers and others who depend on the protection of copyright to earn their livelihood. This also includes musicians and writers. Artificial Intelligence (AI) … Continue reading " Britain’s Proposed Approach to Text and Data Mining (TDM) for AI: How Not to do It (A Lesson for Canada and O

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3 Count: Wriggling Worms

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Shenseea Hit With Second Copyright Lawsuit For US$450,000 Over ‘Foreplay’ Video. First off today, Claudia Gardner at DancehallMag reports that Jamaican dancehall artist Shenseea is facing a copyright infringement lawsuit filed by Stephanie Sarley, a visual artist who accuses Shenseea of infringing the copyrights of three of her pieces.

Artwork 169
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Think Like a USPTO Trademark Examiner Does

Erik K Pelton

What does an examiner at the USPTO consider when they review a trademark application? And how does it impact drafting and filing an application to register a trademark? Learn more in this episode from former USPTO examiner Erik Pelton. The post Think Like a USPTO Trademark Examiner Does appeared first on Erik M Pelton & Associates, PLLC. What does an examiner at the USPTO consider when they review a trademark application?

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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

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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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A 5 Month Check-In on the Copyright Claims Board (CCB)

Technology & Marketing Law Blog

I prepared these statistics on November 18, 2022, roughly 5 months after launch. Total number of cases: 247. This continues to imply a run rate of about 600 cases per year, or less than 2 cases per day. According to this site , plaintiffs are represented in 69 cases (28%). Unsurprisingly, lawyer-represented plaintiffs are clearing the CCB’s initial screening at about 2x the rate of pro se plaintiffs.

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Movie Studios Awarded $51.6m Piracy Damages Against IPTV Service Nitro TV

TorrentFreak

In April 2020, Columbia Pictures, Amazon Content Services, Disney Enterprises, Paramount Pictures, Warner Bros. Entertainment, plus three companies owned by Universal, filed a copyright infringement complaint at a California district court. The plaintiffs alleged that Nitro TV offered subscription packages consisting of thousands of live and title-curated television channels available twenty-four hours a day, seven days a week, throughout the United States and abroad.

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A Copyright Alliance Thanksgiving 2022

Copyright Alliance

It’s been over seven years now since I first took on the role as CEO of the Copyright Alliance. For most of those seven years, during the Thanksgiving season, I’ve […]. The post A Copyright Alliance Thanksgiving 2022 appeared first on Copyright Alliance.

Copyright 110
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NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications

IP Watchdog

The New York Intellectual Property Law Association (NYIPLA) filed an amicus brief last Thursday in the U.S. Supreme Court in In re Grand Jury. The petition was filed in April this year, presenting the Supreme Court with the question of whether communication involving both legal and non-legal advice should be protected by attorney-client privilege. The question has broad implications for attorney-client privileges, especially for intellectual property lawyers, says the NYIPLA brief.

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ACE Shuts Down Major Live Streaming Sports Sites and Settles with Operator

TorrentFreak

While pirated Hollywood blockbusters often score the big headlines, other industries have also been battling piracy over the years, sports organizations included. Research has shown that sports piracy is prevalent around the world, with more than half of all sports fans regularly using unauthorized services. Football, also known as soccer in some parts of the world, is particularly problematic.

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In the boardroom with Alison Watkins: CEOs, boards, and leading through crisis

McKinsey Operations

Alison Watkins, who is a board member of CSL, the Reserve Bank of Australia, and Wesfarmers, believes that there is growing alignment—and a healthier balance—between CEOs and board members.

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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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Supreme Court of Canada affirms record-setting $645M patent infringement award in Dow v Nova

JD Supra Law

In an 8-1 majority ruling released today, the Supreme Court of Canada (SCC) has affirmed the record-setting $645M patent infringement award in Dow v Nova. The Supreme Court dismissed Nova’s appeal of the earlier decisions of the Federal Court (2017 FC 350 and 2017 FC 637), and Federal Court of Appeal (2020 FCA 141), wherein….

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Shaping the future of Thai banking: Reinventing purpose to ignite growth

McKinsey Operations

With new opportunities on the horizon, the Thai banking industry could ignite new growth and invigorate its profitability by redefining its meaning and purpose, reinventing its traditional role, and making bold and innovative operational changes.

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Miles Davis Tattoo Trial Stayed For High Court's Warhol Ruling

IP Law 360

A California photographer's suit against celebrity tattoo artist Kat Von D over her use of the photographer's portrait of musician Miles Davis in a tattoo was put on hold by a California federal judge Monday to await a pending U.S. Supreme Court ruling over Andy Warhol's portraits of music icon Prince.

Music 98
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Just The Beginning For Patent Waivers? WTO Issues Precedential Decision Sending Shock Waves Throughout the IP World

JD Supra Law

Overview - In March 2020, the world was upended and faced with unimaginable challenges. The COVID-19 pandemic posed threats that had not been experienced in the United States since the smallpox epidemic over 100 years ago. Nations across the globe were forced to act fast in their individual and collective efforts to combat the spread of the disease.

IP 98
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Unlocking the potential of public-service digitization

McKinsey Operations

Legislation governing public services can affect the potential for digitization. Digital-compatibility checks leveraging “rules as code” could help.

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Last Week In The Federal Circuit (November 14-18): No Disclaimer For You!

JD Supra Law

Some of you may remember the Federal Circuit’s decision from a few (actually 5!) years ago holding that patent owner statements made in an IPR proceeding may “support a finding of prosecution disclaimer during claim construction.” That decision left unresolved an important question—whether disclaimer statements apply in the same IPR proceeding in which they’re made.

Patent 98
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Literature Monitoring: A Critical Tool for Pharmacovigilance in Life Sciences

Velocity of Content

For life science companies of any size, the detection, assessment, and prevention of adverse effects of their products/devices is not only important for maintaining patient safety, consumer trust, and overall market share, but also essential to ensuring they are in compliance with the requirements of the FDA, EMA and other regulatory bodies. A key component of successfully meeting the requirements these companies and their pharmacovigilance (PV) teams face is literature monitoring.

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Alternative Reasoning for Supreme Court's Life Sciences Subject Matter Eligibility Jurisprudence

JD Supra Law

Last week, IP Law360 published an erudite and provocative article by Joseph Matal and his colleagues regarding the Supreme Court's recent subject matter jurisprudence in the context of earlier decisions in the 19th and early 20th Centuries (see "How Mayo V. Prometheus Strays From Patent Precedent"). .

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What is exascale computing?

McKinsey Operations

Exascale is the next milestone in computing. It’s a higher level of computer performance that will have unprecedented impact on society and the economy.

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Leaders in NOAA Elevate Native American Voices to Foster Education on Indigenous Issues and Culture

U.S. Department of Commerce

Leaders in NOAA Elevate Native American Voices to Foster Education on Indigenous Issues and Culture. November 22, 2022. KCPullen@doc.gov. Tue, 11/22/2022 - 11:38. During National Native American Heritage Month, the Department of Commerce is paying tribute to the sacrifices, contributions, and achievements of Native Americans and honoring their cultural heritage.

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‘Seeing Jimi at the Crossroads’ – A Real Life Encounter

IP Close Up

Thanksgiving this year coincides with the 80th birthday of one of the creative geniuses of the 20th century, Jimi Hendrix. I had the opportunity to Continue reading.

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Ready to Make An Offer: Reasons Why You Should Make Your Agreement Conditional

Nelligan Law

Reading Time: 4 minutes. So, you’re finally ready to take the plunge and put an offer in on your dream home or future rental property. In addition to the usual madness that unfolds throughout your day, you now have to turn your mind to putting an offer in a home. The simple, less complex solution to the madness is to speak to your real estate lawyer and/or realtor.

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Early patent licensing strategy, investment helped GE Licensing revolutionise LED displays

IAM Magazine

As its PFS licensing programme turns 10, GE’s IP executives reflect on lessons learned in cracking a brand new market

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Toyota’s Master Craftsmen: Takumi

Christopher Roser

You may have heard of Takumi at Toyota. Takumi in general are highly skilled artisans that excel in their craft. Despite Toyota mass-producing cars using lots of machines, they also employ hundreds of Takumi. This blog post takes a deeper look at what a Takumi is, and why they are so important for Toyota and. Read more. The post Toyota’s Master Craftsmen: Takumi first appeared on AllAboutLean.com.

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Five big technology transformation ideas for oil and gas CEOs

McKinsey Operations

Only 30 percent of oil and gas companies have successfully scaled digital manufacturing. But a few digital transformation ideas can help oil and gas CEOs achieve real impact on production KPIs.

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Abbott Tries Again To Sink HIV Test Patent

IP Law 360

Abbott Laboratories says that a Novartis patent covering a method for replicating DNA that allegedly was used in its HIV tests should never have been issued in the first place, since it cites patent paperwork that dates to 1984, when "the scientific community had much to learn about AIDS.

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The McKinsey Crossword: Cued Up | No. 103

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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5 Principles For Better Professional Development Programs

IP Law 360

The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

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Author Talks: PepsiCo’s Mauro Porcini talks meaningful design and mentorship

McKinsey Operations

PepsiCo chief design officer Mauro Porcini explains how designers and nondesigners alike can push the boundaries of innovation every time they create.

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Cos. Should Start Thinking About IP Protection For Quantum

IP Law 360

Matt Marrone at McAndrews Held discusses intellectual property and business considerations around the cutting-edge quantum computing technology that is set for explosive growth, as the rules are decided in real time.

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TTABlog Test: Is THREEGUN Confusable With THERAGUN For Massage Apparatus?

The TTABlog

Therabody, Inc. opposed an application to register the mark THREEGUN (in slightly stylized form) for various medical devices and products, including massage apparatus, on the ground of likelihood of confusion with its registered mark THERAGUN for various medical devices, including massage apparatus. So, the goods overlap, but what about the marks? How do you think this came out?

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USPTO, Copyright Office Announce Joint Look Into NFTs

IP Law 360

The U.S. Copyright Office and the U.S. Patent and Trademark Office announced Tuesday they're seeking comments on intellectual property concerns stemming from the growing use of digital assets known as NFTs, or non-fungible tokens, with plans to hold public roundtables in January to gather feedback.

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Trademarking Gestures: Usain Bolt’s Trademark of Iconic Pose

IPilogue

Michelle Mao is an IPilogue Writer and a 2L student at Osgoode Hall Law School. You may recall Usain Bolt’s subtle but impactful tweet on August 23, 2022, adding a trademark emoji to his iconic quote, “To the World”. That tweet spoke to his trademark of his iconic “lightning” celebration pose, indicating Bolt’s possible plans to create merchandise using his iconic celebrity power and image.

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GameStop, Belk Strike Deal To End Poaching Suit

IP Law 360

Belk Inc. has reached a settlement with GameStop Corp. and two former executives accused of trying to poach the department store's top talent, according to a joint filing Tuesday agreeing to dismiss the case in North Carolina federal court.

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Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry

Trading Secrets

In Seyfarth’s seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth partners Jeremy Cohen and Kevin Mahoney focused on trade secret and client relationship considerations in the banking and financial services industry. As a conclusion to this webinar, we compiled a summary of takeaways: When it comes to protecting your secrets, “an ounce of prevention is worth a pound of cure.