Thu.Jun 09, 2022

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UK court discusses copyright protection of fictional characters and defences for parody and pastiche

The IPKat

Derek "Del Boy" Trotter (fictional) Can a fictional character be protected as a self standing copyright work? If so, what is the test to be applied? In a judgment handed down yesterday - Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) - the Intellectual Property Enterprise Court (IPEC) answered 'yes' and applied guidance derived from EU law, including the decision of the Court of Justice of the European Union (CJEU) in Cofemel (Katposts here ).

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Committed innovators: How masters of essentials outperform

McKinsey Operations

New research shows that innovation leaders are rapidly ascending beyond their peers by comprehensively committing themselves to delivering net new growth at scale.

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Trending Sources

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The Biden Administration’s Neutrality Position on SEP Remedies is a Good Move

IP Watchdog

On June 8, the Biden Administration announced a detente on the issue of standard essential patents (SEPs) through coordinated statements made by the United States Patent and Trademark Office (USPTO), Department of Justice Antitrust Division, and National Institute of Standards and Technology (NIST). The casual reader, or reader who only quickly glanced at the headlines, might be mistaken into believing the Biden Administration had declared war on SEP owners due to the Administration rescinding t

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Black representation in the beauty industry

McKinsey Operations

Black beauty consumers and brands face deep challenges when it comes to equity. Removing those barriers can lead to greater opportunity for everyone in the industry.

Branding 129
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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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Top Gun Copyright Lawsuit—A Real Dog Fight or Destined to Flameout?

IP Watchdog

On June 6, Paramount Pictures got its tower buzzed for copyright infringement in the U.S. District Court for the Central District of California over the blockbuster film of the summer, Top Gun Maverick. According to the allegations in the complaint, in 1983, author Ahud Yonay wrote a magazine story about the real-life exploits of two naval fighter pilots entitled, “Top Guns.

Copyright 119
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Growth sprouts for SMEs in e-commerce

McKinsey Operations

Small and medium-size enterprises (SMEs) can capture a share of Europe’s booming online home-and-garden market—if they fine-tune customer insights and build new capabilities.

Marketing 104

More Trending

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Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Technology & Marketing Law Blog

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Academic researchers can also fit this paradigm. Many of these businesses legitimately fill important niches in the competitive space, but others are sketchy or outright illegitimate, such as Cambridge Analytica.

Contracts 104
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Choosing the Right IP to Protect Fashion Goods

JD Supra Law

It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to watch the market, pick a successful product, ship a sample to an overseas manufacturer, and sell the knockoffs once they arrive in port.

IP 102
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4 NFT Business Models Already Changing Our Economy

IP.com

Blockchain’s potential (predicted to grow from a $4.67 billion market in 2021 to $163.83 billion by 2029) is evident in the technology’s many benefits. Blockchain offers a decentralized marketplace with. The post 4 NFT Business Models Already Changing Our Economy appeared first on IP.com - IP Innovation and Analytics.

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New rules: Request examination of Canadian patent applications before October 3, 2022

JD Supra Law

Rules amending the Patent Rules1 were registered on June 2, 2022 and will largely come into force on October 3, 2022. The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are similar to draft rules published for public comment in 2021 and discussed in our previous article.

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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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Algorithmic propagation: do property rights in data increase bias in content moderation? – Part II

Kluwer Copyright Blog

Image by Gerd Altmann from Pixabay. This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. The first part of this post briefly discussed the concept of bias and examined the role of property rights in data and factual information, with a focus on copyright. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Dir

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USPTO Implements Climate Change Mitigation Pilot Program

JD Supra Law

In a notice published last week in the Federal Register (87 Fed. Reg. 33750), the U.S. Patent and Trademark Office announced the implementation of the Climate Change Mitigation Pilot Program, "which is designed to positively impact the climate by accelerating the examination of patent applications for innovations that reduce greenhouse gas emissions" and "encourage research, development and innovation in the climate space.

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A blog just for knockoffs

Likelihood of Confusion

If trademark infringement is of any interest to you, you have to bookmark Counterfeit Chic, which describes itself as a blog “about the culture of the copy within the multi-billion. The post A blog just for knockoffs appeared first on LIKELIHOOD OF CONFUSION™.

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The Who, What, Why, and How of NFTs, the Metaverse, and IP

JD Supra Law

Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the basics of blockchain technology and opportunities in the metaverse as well as enforcement strategies for protecting digital assets.

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Unbundling value: How leading insurers identify competitive advantage

McKinsey Operations

For US life insurers to address new and old challenges, they need a fresh approach to their business model and how they create value.

Business 110
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[Webinar] Your Legal Guide to NFTs, the Metaverse, and Web3 - June 14th - 16th, 1:00 pm - 2:00 pm ET

JD Supra Law

Non-fungible tokens (NFTs), the metaverse, and Web3 bring with them a host of new legal challenges in such areas as IP, securities law, tax, and advertising. As NFTs revolutionize the digital landscape and global economy, it is crucial to stay ahead of the game by remaining informed. Join us for a three-part webinar series that will guide you through the legal issues you must navigate in the next phase of the digital revolution, including NFTs, the metaverse, and Web3.

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Built to last: An interview with Jennifer Lin of Trimble

McKinsey Operations

Trimble’s chief platform officer discusses how becoming more tech-forward will help the industry become more sustainable, efficient, and attractive to younger generations.

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Legal regulation of artificial intelligence in Kazakhstan and abroad

JD Supra Law

The development of artificial intelligence (AI) technologies and their widespread use in personal and business needs is growing every year. However, in the absence of adequate laws regulating its use significant risks can arise. .

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Workflow of the Future: Copyright & Standards

Velocity of Content

Standards are powerful — the use of standards in research and engineering workflows can ensure everyone’s safety, support the reliability of research outputs and safeguard digital and physical infrastructure. At CCC, we help those who rely on information in collaboration workflows, such as journal articles and other content, and we create solutions for those producing content as well.

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CROs and biotech companies: Fine-tuning the partnership

McKinsey Operations

Emerging biotechnology companies are less satisfied than large pharmaceutical companies with their contract research organizations (CROs). How can CROs raise their game with this key segment?

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Nuwanthi Dias on CTV’s Ask the Expert

Nelligan Law

Reading Time: < 1 minute. Nuwanthi Dias joins CTV’s Ask the Expert to answer commonly asked questions about creating a Will and planning your estate. Part 1: Part 2: Part 3: The post Nuwanthi Dias on CTV’s Ask the Expert appeared first on Nelligan Law.

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How to manage the coming wave of investment in capital projects

McKinsey Operations

About $130 trillion is expected to flow into infrastructure upgrades over the next five years. How can companies spend that most efficiently?

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

The Board has affirmed 96 of the first 100 Section 2(d) refusals that came before it on appeal this year. Here are three more for your consideration. How do you think they came out? [Results in first comment]. In re Jeanette Conrad-Ellis , Serial No. 90002764 (June 2, 2022) [not precedential] (Opinion by Judge Mark Lebow) [Section 2(d) refusal of THE BLACK DIAMOND SERIES for "a series of fiction books for teen girls, excluding cartoon science fiction books and comic books" [SERIES disclaimed] in

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A CFO’s perspective on sustainable, inclusive growth

McKinsey Operations

In the current challenging environment, how can CFOs and other business leaders continue to deliver sustainable, inclusive growth?

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Amway Awarded $13M Interest In Copyright Coverage Row

IP Law 360

An AIG unit that was ordered to reimburse Amway for a 2015 copyright infringement suit must pay an additional $13 million to cover penalty and prejudgment interest, a Michigan federal court ruled, bringing the five-year coverage dispute to a close.

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Infrastructure leaders need new capabilities to move toward net-zero emissions

McKinsey Operations

As the infrastructure sector increases its focus on sustainability, leaders must acquire and hone capabilities to manage new complexities in delivering projects on time and within budget.

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IP Forecast: '60 Seconds' Car Copyright Saga Rolls Into LA

IP Law 360

A federal judge in Los Angeles is scheduled next week to hold a hearing on whether the Ford Mustang featured in the movie “Gone in 60 Seconds” starring actor Nicolas Cage is a copyright-protected character like the Batmobile. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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SoCal IP Law Institute MCLE meeting of June 13, 2022 – CAFC re: Intrinsic Evidence on Indefiniteness and Sanctions; and CAFC re: Damages Calculation.

CoCal IP Law Institute

Please join us on Monday, June 13, 2022 at 12:00 pm, where we will discuss recent Court of Appeals for the Federal Circuit action regarding Intrinsic Evidence on Indefiniteness and Sanctions; and regarding Damages Calculation. For CAFC Clarifies Analysis of Intrinsic Evidence on Indefiniteness, Affirms PTAB’s Denial of Sanctions, please see: ClearOne v Shure.

Law 75
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Netflix, Dark Horse Settle Artist's 'Umbrella Academy' IP Suit

IP Law 360

Netflix and Dark Horse Comics have reached a confidential settlement with an artist to resolve a copyright lawsuit over a fishbowl-headed character in "The Umbrella Academy" TV series, according to a filing Wednesday in Texas federal court.

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Visit the Reopened National Inventors Hall of Fame Museum

U.S. Department of Commerce

Visit the Reopened National Inventors Hall of Fame Museum. June 9, 2022. KCPullen@doc.gov. Thu, 06/09/2022 - 12:24. Intellectual property. Post by. Kathi Vidal. The National Inventors Hall of Fame (NIHF) Museum is now open to the public! Located at the USPTO headquarters in Alexandria, Virginia, there is something for everyone inside the storied walls of this tribute to American innovation and ingenuity.

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Viacom Scores $6M Damages Win In SpongeBob IP Suit

IP Law 360

A Texas federal judge has ordered an owner of a now-closed Rusty Krab pop-up restaurant and bar to fork over $6 million as part of an intellectual property suit from Viacom International over SpongeBob SquarePants.

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Catering to Asian consumers

McKinsey Operations

The latest Consumer Pulse Survey reveals an optimism unmoved by current economic and geopolitical challenges, though sentiment may be shifting. How can retailers and consumer goods companies keep pace?

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Litigants Eager To Prove The Song Remains The Same

IP Law 360

Recent lawsuits against Ed Sheeran and Dua Lipa, alleging their hit songs infringed others' copyrights, suggest that, despite the difficulty of proving musical plagiarism has occurred, the appetite for this type of litigation may be growing, says Nick Eziefula at Simkins.

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News from the Global Infrastructure Initiative: June 2022

McKinsey Operations

Welcome to the June 2022 edition of Voices on Infrastructure, which focuses on building resilient infrastructure supply chains.

Editing 81
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Difference Between Trademark And Design Registration In India

IP and Legal Filings

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. While trademark protects any unique mark which helps in establishing the source of the product, design safeguards the ornamental and aesthetic values of the same which can comprise any composition made by lines, patterns colors, etc, At times, the line between their difference seems to fade and it may get confusing to make an accurate decision between the two.