Mon.Jun 27, 2022

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Kevin Kruse and the Peak Political Plagiarism Scandal

Plagiarism Today

On the surface, the plagiarism allegations against Kevin Kruse are pedestrian. . According to an article published on Reason , roughly six sentences of his 2000 dissertation at Cornell University contained text that was either copied directly or near-verbatim from outside sources that were not cited in the paper. . In an additional blog post , the author points to similar issues, albeit with weaker similarity, in Kruse’s 2015 book, One Nation Under God: How Corporate America Invented Christian A

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Two Big Wins for Site Blocking as a Means to Counteract Online Content Piracy

Hugh Stephens Blog

Site blocking—aka disabling access to copyright infringing websites and services—continues to gain wider acceptance as a useful tool in the fight against online content piracy. Several recent developments provide a good indication of the increasing acceptance of site blocking orders as a tool to dissuade users from accessing copyright infringing online streaming content.

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3 Count: False Takedown

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Bungie Sues Destiny 2 Fraudulent DMCA Takedowns Sender For $7.6m. First off today, Zuhaad Ali at The Games Post reports that video game maker Bungie has filed a lawsuit against an individual named Nicholas Minor over allegations that Minor pretended to be a Bungie representative to file false copyright notices against other YouTubers.

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Transforming advanced manufacturing through Industry 4.0

McKinsey Operations

Manufacturers in industries such as automotive and electronics, nearing the tipping point of digital adoption, are achieving even faster and more sustainable change through Industry 4.0.

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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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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

The IPKat is pleased to host the guest contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on a very recent development concerning NFTs and IP. Here's what Paolo Maria writes: BAYC sues Ryder Ripps over unauthorized minting of NFTs by Paolo Maria Gangi Ryder Ripps The Bored Apes Yacht Club (BAYC) is one of the world’s most prominent and well-known NFT projects by Yuga Labs.

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The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

SpicyIP

We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions.

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The TRIPS Waiver: What Does it Mean to Change the Rules of the Game?

IP Watchdog

A terrible idea – wayward and ill-conceived, criticized by all economic, political and geopolitical fronts – has come to fruition. The World Trade Organization’s (WTO) TRIPs waiver on patents related to COVID-19 vaccines will disincentivize the entire industry from investing in vaccine production. To understand what happens next, let’s understand history first.

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Megaupload Pair Convicted: The Specific Crimes They Admitted in Detail

TorrentFreak

Ten years is a long period of time in anyone’s life so when former Megaupload executives Mathias Ortmann and Bram van der Kolk spotted a light at the end of the tunnel, they understandably took it. After more than a decade of fighting US extradition, the men recently reached an agreement to be charged and sentenced in New Zealand instead. Not having to spend years fighting a criminal case in the United States potentially followed by a decade or two in prison is a victory in itself but havi

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The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

SpicyIP

We’re pleased to bring our readers Part 2 of the series by Surabhi Pande and Devvrat Joshi looking at the proposed draft amendments to the IT Rules, 2021. The first part looked at two specific proposed provisions and argued that they would impact the ability of intermediaries to avail safe harbour provisions. This second part continues the analysis of the draft amendments, looking at some of the remaining provisions and takes issue with the lack of clarity.

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This Week in Washington IP: Potential Impacts of the Copyright Claims Board, Developments in AI Tech and the USPTO’s Inaugural AI/ET Partnership Meeting

IP Watchdog

This week in Washington IP news, subcommittee hearings at the U.S. House of Representatives will explore the leading role that Michigan has taken in addressing cybersecurity risks in state and local governments, as well as ways to promote data privacy despite the growth of biometric tracking systems. Elsewhere, the Hudson Institute takes a closer look at the background and potential impacts of small claims for copyright infringement filed at the recently established Copyright Claims Board, while

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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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USPTO Director Clarifies PTAB’s Application of Fintiv to Limit Discretionary Denials

JD Supra Law

The USPTO has issued interim procedures curbing the PTAB’s discretionary denials over post-grant proceedings associated with parallel ITC proceedings or district court litigation.

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Justices Decline Case Challenging Copyright For Floor Plans

IP Law 360

The U.S. Supreme Court declined to take a case Monday from a group of real estate companies that argued the Eighth Circuit wrongly found floor plans one firm included in marketing materials amounted to architectural drawings protected by copyright.

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THE Ohio State Trademark Registration: Ornamental Features & Consent Agreements

JD Supra Law

On June 21, 2022, The Ohio State University (OSU) obtained a federal trademark registration (U.S. Reg. No. 6,763,118) for the standard character mark THE for “t-shirts, baseball caps, and hats; all of the foregoing being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics.”.

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Occupying trademark

Likelihood of Confusion

So eventually all the “big trademark stories” catch up to you, even if you try to avoid them as you would try to avoid … certain assemblies of people in. The post Occupying trademark appeared first on LIKELIHOOD OF CONFUSION™.

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USPTO Provides Guidance on PTAB Discretionary Denials of Challenges Based on Parallel Litigation

JD Supra Law

On June 22, 2022, the U.S. Patent and Trademark Office issued two documents regarding the Patent Trial and Appeals Board's discretionary denials of post-grant challenges based on parallel litigation: a retrospective study of such denials since 2019 and a prospective interim guidance memorandum from the Director regarding considerations for future decisions.

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How Blockchain will Impact IP, from Data to Deployment

IP.com

As an innovator in a STEM field, you’re almost certainly familiar with blockchain technology and its potential to drive change in your field. Automatically updated and immutable records of the. The post How Blockchain will Impact IP, from Data to Deployment appeared first on IP.com - IP Innovation and Analytics.

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A Textbook Life, By An Author

Velocity of Content

When Dr. Laura Berk began writing her first textbook on child development, her work followed her home from the classroom at Illinois State University. There was research and writing to do, of course, and there were her own children to care for and learn from. At the time, the early-career professor had two young sons, then ages 8 and 11. In May, SAGE Publishing’s US college division announced a new author/publisher partnership with Dr.

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Maybe Don’t Talk About Your CCB Claim on Social Media

The Illusion of More

The copyright small-claim alternative, adjudicated by the Copyright Claims Board (CCB), was intentionally designed to accommodate pro se participants, meaning that both claimants and respondents can represent themselves without hiring attorneys. After all, the foundation of small claims court or alternative dispute resolution is to save money. And indeed, we are seeing some early pro […].

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Dana DuPerron on CTV’s Ask the Expert – The Right to Disconnect

Nelligan Law

Reading Time: < 1 minute. Dana DuPerron breaks down Ontario’s new “Right to Disconnect” policy, and what it means for employer and employees. Part 1: Part 2: Part 3: The post Dana DuPerron on CTV’s Ask the Expert – The Right to Disconnect appeared first on Nelligan Law.

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Opportunity knocks for Europe’s digital consumer: Digital trends show big gains and new opportunities

McKinsey Operations

Despite still high digital adoption rates, our latest Digital Sentiment Survey finds that consumers are uncertain about the future. But clear opportunities for digital growth exist for companies that know where to look.

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Fed. Circ. Says PTAB Erred In Netflix Challenge To DivX Patent

IP Law 360

The Federal Circuit said Monday the Patent Trial and Appeal Board misconstrued a key claim term in a DivX video deblocking patent and ordered the board to take another look at the challenge from Netflix and Hulu, which the board held failed to show the patent was invalid.

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The McKinsey Crossword: Solstice | No. 81

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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What 'The' OSU Trademark Win Means For Businesses

IP Law 360

Ohio State University's successful argument to the U.S. Patent and Trademark Office that the word "The" is essential to its brand gives OSU the opportunity to assert its mark, and college administrators and small T-shirt business owners seeking to establish a brand or business name would do well to utilize a number of tools available to help avoid conflicts, says David Newman at Mahamedi IP.

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Dissolution of a Firm and its Modes

IP and Legal Filings

The Indian Partnership Act, 1932 governs all the rules and regulations on matters relating to partnership. According to Section 4 of the Act, partnership can be defined as the relation between persons who have agreed to come together and share the profits of a business, managed by one on the behalf of others or by all. Persons who have individually come together are called as partners and collectively called as firm and the name under which they are carrying their business is called as firm name

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Yuga Labs Says Alleged NFT Ripoff Is No 'Monkey Business'

IP Law 360

A self-styled conceptual artist is copying and reselling images that are part of the Bored Ape Yacht Club non-fungible token collection, the company behind the trendy digital art series told a California federal court.

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Reconciling The Discrepancies In Initiating IRP Against Personal Guarantors

IP and Legal Filings

The law of insolvency is still in its nascent stage in India. Since its inception, it has constantly been evolving and expanding its various facets. One such is the initiation of the Insolvency Resolution Process (“IRP”) against the Personal Guarantor of a Corporate Debtor (“CD”) before the adjudicating authority viz., the National Company Law Tribunal (“NCLT”), under Section 95(1) of Insolvency and Bankruptcy Code, 2016 (“IBC”).

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Feds Shut Down 6 Websites In Music Piracy Sting

IP Law 360

Prosecutors in Virginia announced Monday that they have "seized" a handful of website domain names that they say were involved in "streaming and downloading copyright-protected content," as part of a larger anti-piracy operation that the federal government is conducting in tandem with prosecutors in Brazil.

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Facebook Held Liable For Using Personal Information Without Consent

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on June 15, 2022. On June 2, 2022, the Supreme Court of British Columbia (the Court) issued its decision in the ongoing class action matter, Douez v Facebook, Inc. , 2022 BCSC 914 , holding that Facebook, Inc.

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Fish & Richardson Pro Bono Team and AALDEF Secure Federal Court Order to Allow Necessary Assistance for Texas Voters 

Fish & Richardson Trademark & Copyright Thoughts

A federal district judge has ruled that the state of Texas must discontinue the use of a new election law that illegally restricts necessary assistance to limited English-speaking and disabled voters at the polls. The order modifies a permanent injunction secured by Fish and the Asian American Legal Defense and Education Fund (AALDEF) in 2018 on behalf of OCA-Greater Houston (OCA-GH), which found that Texas had violated a voter’s right to assistance from a person of their choice under Section 20

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American Axle – Still Waiting

Patently-O

by Dennis Crouch. No decision today in the pending subject matter eligibility case of American Axle v. Neapco. Friday was the last scheduled conference for 2021-2022. However, the Court traditionally holds one additional clean-up conference once it issues all of its merits decisions. If the court follows its past tradition, it will either grant or deny the petition at that final conference.

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Legal implications of LIBOR transition in Banking Industry

IP and Legal Filings

Starting from its inception in the 1970s in the international interbank market for short-term loans, the London interbank rate (“LIBOR) published by the Financial Conduct Authority (FCA) of UK, is a world standard, which reflects the rate for transactions and pricing models with which the banks lend to each other and is currently worth more than $ 350 trillion.

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The Bell Strikes Again

BYU Copyright Blog

On our last post in the Bell saga, we reported that the Court of Appeals ruled against Dr. Keith Bell (“Bell”) and labeled him as a “serial litigant.” Since then, Bell has filed a different lawsuit against another educational institution, making this his 41st such lawsuit of which we are aware.In his Complaint, Bell claims that the Basehor-Linwood High School softball team (“Basehor”) posted Bell’s famous “Winning Isn’t Normal” passage on its Facebook page without his permission.

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Formycon Q1 2022 Financial Results and Announcement of Two New Biosimilar Products

LexBlog IP

Formycon recently announced its sales and earnings figures for the first quarter of 2022. Earnings before interest, taxes, depreciation and amortization (EBITDA) amounted to EUR -4.0 million (Q1/previous year: EUR -1.7 million), which was in line with expectations. According to the press release, the reported revenues were mainly a result of development activities for late-stage biosimilar projects FYB201 (biosimilar candidate for LUCENTIS®), FYB202 (biosimilar candidate for STELARA®),

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Cointreau Settles TM Suit Against Cannabis Co. Canopy

IP Law 360

Liqueur manufacturer Cointreau Corp. has settled its trademark dispute with Cannabis giant Canopy over a CBD-infused sparkling water drink called "Quatreau," according to a notice filed in New York federal court Monday.

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PTAB to Address Reopening Plans Thursday

LexBlog IP

In-Person Hearing are Back. This Thursday (Noon – 1PM(EST)), the next Patent Trial and Appeal Board (PTAB) Boardside Chat webinar will be conducted to discuss plans to re-establish in-person PTAB hearings and tips from judges for successfully arguing in different environments ( connect here ). Topics and speakers for this event include: In-person options for PTAB hearings starting in mid-July – Lead Administrative Patent Judge Christopher Kaiser and PTAB Chief Clerk Erica Swift Tips

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