Thu.Jan 26, 2023

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The Copyright Claims Board in 2023

Plagiarism Today

It's a new year for the Copyright Claims Board. Here's a look at the trends and changes to watch out for in 2023. The post The Copyright Claims Board in 2023 appeared first on Plagiarism Today.

Copyright 193
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Illegal Streaming Detector Cars Can’t Track Firesticks Wrapped in Tin Foil

TorrentFreak

Early January, anti-piracy group FACT and West Mercia Police announced they would be visiting addresses in the UK to warn people away from pirate IPTV services. Police had obtained a customer list from a service they raided last year and, since many people hand over their real details to pirate services, tracking down some subscribers would’ve been trivial.

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3 Count: Safaera Settlement

Plagiarism Today

Bad Bunny reaches preliminary settlement in Safaera case, USCO software glitch hits AI-generated comic and Prenda lawyer to remain in prison. The post 3 Count: Safaera Settlement appeared first on Plagiarism Today.

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Domain Registry Takes Sci-Hub’s.SE Domain Name Offline

TorrentFreak

By offering free access to millions of ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. The site is used by researchers from all over the world to access papers they otherwise have a hard time accessing. For some, the site is essential to their work. Major academic publishers such as Elsevier, Wiley, and American Chemical Society are not happy with the rogue research library.

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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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ITIF Report: The U.S. Underestimates China as an ‘Imitator’ Rather Than an Innovator at Its Own Peril

IP Watchdog

On January 23, the Information Technology & Innovation Foundation (ITIF) published a report entitled Wake Up, America: China is Overtaking the United States in Innovation Output, which applies innovation and industrial performance metrics for comparing relative innovation outputs from foreign technological rivals China and the United States. The report, produced by ITIF’s Hamilton Center on Industrial Strategy, is the latest indicator that China is close to surpassing the United States in t

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Outcomes of Prominent NFT Disputes in the U.S May Give Rise to New Interpretations of Canadian Trademark Law

IPilogue

Areeb Daimee is a 2L JD candidate at the University of Western Ontario Faculty of Law. With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademark law in relation to NFTs. These disputes are a recent and growing issue in intellectual property law that requires Canadian courts’ examination.

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Creator Spotlight with Cartoonist and Illustrator Mark Monlux

Copyright Alliance

This week we’d like to introduce cartoonist and illustrator Mark Monlux. Be sure to visit his online store, and follow him on both Instagram and Twitter. What was the inspiration […] The post Creator Spotlight with Cartoonist and Illustrator Mark Monlux appeared first on Copyright Alliance.

Copyright 104
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Author Talks: Prepare your business for the cross-sector ecosystem economy

McKinsey Operations

After years of client impact, two McKinsey senior partners write the playbook for leveraging disappearing sector siloes into a multitrillion-dollar ecosystem strategy.

Business 104
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District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101

The IP Law Blog

In Pictometry International Corp. v. Roofr, Inc., 1-21-cv-01852 (DDE Jan. 19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds.

Patent 98
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How to Enforce Trademarks Without Spending Much Money or Time

Patent Trademark Blog

Are there inexpensive ways to enforce trademarks? Yes, it is possible to enforce trademarks without much money. You need to know how to use certain platforms and governmental agencies to your advantage, but don’t expect everything to be free. You can use a cost-effective strategy for registering and enforcing trademarks, but a reasonable investment will be required.

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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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Something New: PTAB Tackles Section 101 Patent Eligibility

JD Supra Law

It's not often that we write about pharmaceutical patents on this blog, and even less often that we blog here about PTAB decisions. The former is a function of the Federal Circuit's decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int'l Ltd., 887 F. 3d 1122 (Fed. Cir. 2018) (holding that virtually all method of….

Patent 97
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Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent

IP Watchdog

Bristol Myers filed a lawsuit Monday claiming AstraZeneca has infringed on a patent related to its Yervoy cancer drug. The pharmaceutical company launched the suit in the United States District Court for the District of Delaware. Bristol Myers claimed AstraZeneca’s Imjudo cancer treatment infringes on its patent and that AstraZeneca failed to first obtain a license or permission.

Patent 83
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Me, Myself, and (A)I: Copyright Office to Focus on AI Authorship

JD Supra Law

According to a recent interview in December 2022, the U.S. Copyright Office (the "Office") signaled that it would focus in 2023 on "legal grey areas" surrounding copyrightability of works generated in conjunction with artificial intelligence ("AI") tools. While the agency is standing by its conclusion that copyright cannot be registered for a work created exclusively by an AI, according to Shira Perlmutter, the Register of Copyrights and director of the Office, the Office is considering the.

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New York Court Finds Playlist Patent Ineligible as Abstract

IP Watchdog

On January 24, the U.S. District Court for the Southern District of New York held EscapeX IP LLC’s U.S. Patent No. 9,009,113 patent ineligible as being directed to an abstract idea. The patent covers a process for allowing users to upload “dynamic albums” to be stored on their devices. The district court granted Block, Inc.’s (better known as music streaming platform Tidal) motion to dismiss the patent infringement suit pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

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Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

Introduction To Colour Marks In India Oscar Wilde famously said: mere colour can speak to the soul in a thousand different ways. He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Words, numbers and labels are considered traditional marks, whereas position, texture, smell, sound, and colours are considered non-traditional marks.

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Never too Late: If you missed the IPKat last week!

The IPKat

A remarkably focused Kat If you missed last week's IP posts, this is the perfect time to catch up. Copyright Kateryna Militsyna and Liubov Maidanyk unpacked the major legislative changes brought by the new Ukrainian Law on Copyright and Related Rights , adopted in December 2022. Neil Wilkof focused on the phenomenon of the cross-media franchise. This phenomenon illustrates the commercial potential of derivative works within the copyright system.

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Mayer Brown, Pandora Face Sanctions Bid In Comedians' Suit

IP Law 360

Mayer Brown LLP and its client Pandora Media LLC "misleadingly" quoted or paraphrased evidence in an antitrust complaint against Spoken Giants LLC, the licensing agency said Wednesday in a bid for sanctions against the firm and streaming company.

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Life-centric banking with an analytics edge

McKinsey Operations

Bank Jago’s Peterjan van Nieuwenhuizen explains the value a life-centric banking approach has for AI banks.

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Cardi B Trial Over Racy Mixtape Cover Needs Redo: Plaintiff

IP Law 360

A California man who couldn't convince a federal jury that rapper Cardi B misappropriated his likeness by using his enormous back tattoo on a racy cover of an old mixtape wants a do-over of his trial, citing several allegedly prejudicial missteps, including the exclusion of her testimony in a defamation case against a YouTuber in Atlanta.

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Fourth Circuit Finds “Re-registration” of a Domain Can be Cybersquatting—A Prudential Clarification to the ACPA

JD Supra Law

The Fourth Circuit’s decision yesterday in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823, F.4th (4th Cir. Jan. 24, 2023), provides important clarification on the application of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) (ACPA)—with the Fourth Circuit joining the majority of federal circuits in ruling that “re-registrations” of domain names are subject to the ACPA.

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Jack Daniel's Dog Toy Case May Clear Up Fuzzy IP Issue

IP Law 360

With a dog toy parodying a Jack Daniel's bottle at issue, the U.S. Supreme Court’s upcoming ruling in Jack Daniel’s v. VIP Products may finally provide guidance on delineating expressive works from commercial products, a challenge that has previously forced courts to decide this issue on a case-by-case basis, says Bruce Isaacs at Signature Resolution.

IP 75
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AI Ethics and the Law, a Webinar for the Digital Supercluster

Barry Sookman

I had the pleasure earlier today to participate in a Webinar with Carole Piovesan on the important topic of AI Ethics and the Law. It was a presentation for the Digital Supercluster and was attended by the ecosystem of individuals and organisations associated with that supercluster as well as other superclusters such as the Scale AI supercluster. A copy of our respective slides are shown below. … The post AI Ethics and the Law, a Webinar for the Digital Supercluster appeared first on Barry

Law 63
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Ex-Army Reservist Gets 8 Years For Acting As Chinese Agent

IP Law 360

A Chinese national and former U.S. Army reservist has been sentenced to eight years in prison for acting as an unregistered foreign agent for China, trying to collect information to be used to recruit Chinese nationals working as engineers and scientists, including some working for defense contractors.

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Kattison Avenue/Katten Kattwalk | Issue 2

JD Supra Law

We’re delighted to welcome in 2023 with our second crossover edition of Katten Kattwalk/Kattison Avenue. In this combined winter issue, we cover top issues affecting brands in fashion, retail and advertising. On the hot topic of ESG (environmental, social, and governance) issues, our lead article covers greenwashing and sustainability claims. Next, we introduce you to our new colleague and a pro in this space, Chris Cole, who has deep family ties to the fashion industry and whose practice.

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Gibson, Rival Guitar Maker Cut Deal To End IP, Antitrust Suit

IP Law 360

Guitar maker Gibson Brands and its longtime rival founded by ex-employees have agreed to settle claims accusing the former of anticompetitive actions and counterclaims accusing the latter of trade secret theft, the parties told a Michigan federal court Tuesday.

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TDM and Brazilian Copyright: recent developments

Kluwer Copyright Blog

Image by Pexels from Pixabay Introduction: Brazilian Copyright Framework and the existing L&Es Brazil has signed most Intellectual Property (IP) law Treaties, but notably it has not adhered to the WIPO Copyright or the WIPO Phonogram and Performance Treaties. The main national legal instrument for copyright is the Brazilian Copyright Law ( Law n. 9.610/98 ), which is complemented by the software protection legislation.

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[Video] Patent Licensing Tips and Takeaways

JD Supra Law

Once a month, we cover an interesting topic in 60 seconds. This month, partners Richard Goldstucker shares his takeaway from Farah Cook's and Michelle Tyde's 'The Licensing Journal' article on patent licensing. * The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This video is for general information purposes and is not intended to be and should not be taken as legal advice.

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Transferring Domicile from One Country to Another

Cogency Global

What this is: Let’s talk about why you would want to transfer your company’s domicile (also known as re-domiciliation) from one country to another, and if you can keep your company intact while doing so. What this means: You may find better flexibility in doing business in your new domicile, or better tax laws. Offshore financial centers, like the British Virgin Islands and the Cayman Islands, often practice re-domiciliation, and it is permitted by Delaware law.

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[Video] Webinar | Trademark & Copyright 2022 Year in Review

JD Supra Law

2022 was another big year for interesting trademark and copyright cases and developments. Over the past year there were cases involving a variety of important issues, including the First Amendment, fair use, non-fungible tokens (NFTs), extraterritorial rights of the Lanham Act, copyright registration errors, data scraping, and more. On January 25, please join Fish & Richardson principals Cynthia Walden, Kristen McCallion, Vivian Cheng, and John McCormick for our annual Trademark & Copyri

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Expecting the “Unexpected”: Asserted Claims Found Invalid After Allegedly “Unexpected Results” Suggested in Prior Art References

LexBlog IP

In Vanda Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc. , 2022 WL 17593282 (D. Del. Dec. 13, 2022) the district court held that all patent claims asserted against defendants Teva and Apotex were invalid for obviousness.

Art 52
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Not Hiring, but…

Likelihood of Confusion

I (in my role as head of a small law firm) do get a lot of letters and emails of inquiry. It’s interesting to see what comes my way. I. The post Not Hiring, but… appeared first on LIKELIHOOD OF CONFUSION™.

Law 52
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Australian Patent Filings Declined Slightly in 2022, but Held at Historic Highs by Strong International Interest

LexBlog IP

In 2022, for the second year running, the number of standard patent applications filed in Australia exceeded 30,000. While there was a slight decline of 0.5% compared with 2021, filings remained at a historic high. This was, however, primarily due to continuing growth of nearly 1% in applications originating overseas. Applications from Australian residents fell by 16.6%, returning to around the same level as between 2016 and 2020 following a bumper year in 2021 that was driven substantially by a

Patent 52
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Bursting the Bubble on Prosecution Delays

JD Supra Law

Addressing a case where a patent owner filed hundreds of applications as part of a strategy to maintain extraordinarily lengthy patent coverage, the US Court of Appeals for the Federal Circuit affirmed a district court’s determination that the patent owner had engaged in a calculated and unreasonable scheme to delay patent issuance. Personalized Media Comms., LLC v.

Patent 52
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District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101

LexBlog IP

In Pictometry International Corp. v. Roofr, Inc., 1-21-cv-01852 (DDE Jan. 19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds.

Patent 52
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PTO Introduces Intellectual Property Identifier Tool

JD Supra Law

On January 18, 2023, the US Patent & Trademark Office announced the launch of its new Intellectual Property (IP) Identifier tool. This tool is designed for those who are less familiar with IP and assists users in determining whether they have IP and identifies what IP protections are available to support their business, invention or brand.….