Mon.Mar 20, 2023

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If You Use a Ghostwriter, You Need to Check for Plagiarism

Plagiarism Today

As more allegations of plagiarism in Dr. David Agus' books come out, attention is shifting to the person who actually wrote them. The post If You Use a Ghostwriter, You Need to Check for Plagiarism appeared first on Plagiarism Today.

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Zippyshare Quits After 17 Years, 45m Visits Per Month Makes No Money

TorrentFreak

When file-hosting service Zippyshare showed its first signs of life in September 2006, accessing the site using an iPhone was impossible; the smart phone’s existence wouldn’t be announced for another four months. Zippyshare’s success was built on solid yet basic foundations; straightforward free hosting of files, via a clean interface, at zero cost to the user.

Marketing 145
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3 Count: Nonexclusive License

Plagiarism Today

Lawsuit against artist dismissed, filmmakers want former VPN operator arrested, and Nickelback wins long-running case over Rockstar. The post 3 Count: Nonexclusive License appeared first on Plagiarism Today.

Licensing 190
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What is Gen Z?

McKinsey Operations

Generation Z comprises people born between 1996 and 2010. This generation’s identity has been shaped by the digital age, climate anxiety, a shifting financial landscape, and COVID-19.

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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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Major Labels Want ISP to Pay Additional $12 Million in Piracy Liability Case

TorrentFreak

Last fall, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

Music 120
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Can ChatGPT Be Used for Patent Search Work?

IP Watchdog

Recently, ChatGPT (Generative Pre-trained Transformer), an artificial intelligence (AI) chatbot program developed by OpenAI, has become a popular topic, attracting much attention and discussion. Its applications in the fields of natural language processing and text analysis have been well documented and have aroused great interest. It can be used to generate various language models, such as natural language texts, dialogues, and question-answering.

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Fans and Trust and Trust by Fans Are Essential for AI to Succeed

The Trichordist

By Chris Castle [This post first appeared on MusicTechPolicy] We are told that artificial intelligence is a powerful tool that may end up being either the end… Read more "Fans and Trust and Trust by Fans Are Essential for AI to Succeed"

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Thaler Suit Against Copyright Office Asks for Analog Reading of Statute

The Illusion of More

Last February, the U.S. Copyright Office rejected the registration application filed by Stephen Thaler for a visual work entitled “A Recent Entrance to Paradise.” Thaler averred that the image was generated by an AI he designed called “Creativity Machine,” and on that basis, the Office affirmed the longstanding doctrine that copyright rights only attach to […] The post Thaler Suit Against Copyright Office Asks for Analog Reading of Statute appeared first on The Illusion of More.

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GlaxoSmithKline Files Amicus Brief in Amgen v. Sanofi

JD Supra Law

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35 U.S.C. § 112(a). While these circumstances themselves might motivate amici to file briefs with the Court to weigh in on the Question Presented, the Federal Circuit's trend in recent years to apply more tightly the strictures of Section 112 to chemical, biotechnology, and.

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How to improve liquidity accuracy at a time of economic uncertainty

McKinsey Operations

To address rising interest rates and continued economic uncertainty, now is the time for CFOs and treasurers to take a more structured and systematic approach to liquidity accuracy.

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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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Panel on Jack Daniels argument at AU-WCL, March 22

43(B)log

IP at the Supreme Court Series: Jack Daniel’s Properties, Inc. v. VIP Products LLC March 22 | 5:00 - 6:30pm EDT | Hybrid | NT01 | Reception to Follow Registration Required Moderated by Professor Christine Farley American University Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court.

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One year into the BIL: Catalyzing US investments in energy

McKinsey Operations

The legislation provides an opportunity to improve the country’s clean-power infrastructure. More than a year since its signing, we take stock of announced funding, programs, and the road ahead.

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Canadian Chamber of Commerce Warns on Government-Backed Bill C-18 Motion: “A Serious Threat to the Privacy of Canadians”

Michael Geist

Later today, the Standing Committee on Canadian Heritage will vote on a government-backed motion that would compel Google and Facebook to disclose private third-party communications dating back years that could sweep in the private communications of thousands of Canadians. The motion, which is obvious retribution for opposing Bill C-18, is a stunning attack on the privacy of Canadians and could have a chilling effect on public participation.

Privacy 81
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Reimagining public health programs to deliver equitable impact

McKinsey Operations

By placing equity at the center of public health programs, government agencies could more effectively address disparities and improve health outcomes for all Americans.

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Ownership Claim Over NFT Sotheby's Sold For $1.5M Tossed

IP Law 360

A New York federal judge dismissed a Canadian entity's lawsuit claiming to own Quantum, a digital artwork certified by a non-fungible token that Sotheby's sold for $1.47 million, saying on Friday it appeared the litigation is an "attempt to exploit open questions of ownership in the still-developing NFT field.

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Lessons in leadership: Removing barriers to get more women in tech

McKinsey Operations

Judith Spitz founded Break Through Tech to enroll more women, especially women of color, in computer science courses and connect them with companies that might otherwise overlook them.

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YouTube Says Composer Seeks To 'Gut' DMCA In Piracy Suit

IP Law 360

YouTube and its parent company Google LLC are urging a California federal judge to reject a Grammy-winning composer's "dystopian vision" of the Digital Millennium Copyright Act in her bid to secure an early win in a proposed class action over mass copyright infringement.

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Only Some of the Claims are Invalid

Patently-O

by Dennis Crouch Hantz Software v. Sage Intacct (Fed. Cir. 2023) (non-precedential) The district court sided with the defendant Sage, dismissing the complaint for lack of eligibility. In a short opinion, the Federal Circuit has largely affirmed, but made an important caveat — that the district court held only that claims 1 and 31-33 are invalid.

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What To Know Before Justices Hear Jack Daniel's TM Fight

IP Law 360

The U.S. Supreme Court is set to dig into the intersection of trademark law and free speech on Wednesday, hearing arguments over a Jack Daniel's-inspired dog toy revolving around poop humor. Here's what you need to know.

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National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

IP Tech Blog

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. “FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own advertising” to create marketing from a consumer protection and truth-in-advertising standpoint.

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Yahoo Finance Infringes Social Media Patent, Suit Says

IP Law 360

InvesTrex LLC, the patent holder for an "investor social networking website," continued its litigation spree in Delaware federal court with a lawsuit against Yahoo Inc., the latest entity that it accuses of ripping off the idea for a platform that lets users sign up to chat about financial instruments while tracking data such as stock prices.

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TTAB Orders Cancellation of Safety Helmet Registrations Due to Lack of Acquired Distinctiveness

The TTABlog

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. The Board noted that "[t]he Respondent’s failure to comply with its discovery and disclosure obligations plays a pivotal role in our determination.

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DC Circ. Mulls Copyrighted Regulations For 2nd Time

IP Law 360

The D.C. Circuit didn't seem sure where to land Monday on whether transparency group Public.Resource had violated copyrights by distributing 184 private industry rules that were later made into federal law on the case's second trip up to the appellate level.

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How to entice travelers to change tack to track

McKinsey Operations

Understanding what informs transport choices is the first step to encouraging a shift to trains.

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New Era Cap Maker Reaches Deal With Rival In Trademark Suit

IP Law 360

Sports hat maker New Era Cap LLC on Monday reached a deal in its January suit accusing a competing brand of selling apparel caps with its flag design, filing a consent decree in which the competitor agreed not to use the mark.

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NLRB to Release Memo Clarifying Impact of McLaren Macombs on Confidentiality and Non-Disparagement Restrictions

Trading Secrets

The Board sent shockwaves through employment law in its February 21, 2023, decision in McLaren Macomb , which held that simply offering a draft settlement agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA”). We previously blogged about the McLaren decision and encourage you to read that post for a summary of the decision.

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Chinese Site's Use Of Amazon Servers Keeps IP Suit Alive

IP Law 360

A New York federal judge has ruled that a Chinese real estate listing website's use of Amazon's web servers is enough to force it to face claims that it broke U.S. copyright laws in a suit accusing it of copying more than a hundred Wall Street Journal, MarketWatch and Mansion Global articles without paying for them.

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Cloud computing services not subject to PST says BC court: Hootsuite Inc. v British Columbia (Finance)

Barry Sookman

Are cloud computing services subject to provincial sales tax? According to a recent decision of the BC Supreme Court in Hootsuite Inc. v British Columbia (Finance) , 2023 BCSC 358 the cloud computing services AWS Support, EC2 and S3, and AWS direct connect are not subject to provincial sales tax under the Provincial Sales Tax Act , S.B.C. 2012, c. 35 [ PSTA ].

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Catching Up With Delaware's Chancery Court

IP Law 360

Ketchup, cannabis and a controversial Florida law were at the heart of rulings and court proceedings last week in Delaware's Chancery Court. Also seen on the docket: potential settlements of litigation involving Groupon and Madison Square Garden Entertainment, allegations of "secret" investors in Houghton Mifflin's merger with Veritas Capital, and an award of one more buck per share for Mindbody shareholders.

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video on company's YouTube channel was informational, not commercial speech

43(B)log

WatsonSeal Marketing LLC v. Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 5:22-cv-649-LCB (N.D. Ala. Mar. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Here, the court finds a YouTube video noncommercial despite some reasonably solid connections to profit-seeking. WatsonSeal Marketing sued for false advertising under the Lanham Act, tortious interference with business relations under Alabama law, and unjust enrichment under Alabama law, bu

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Yuga Labs Gets Counterclaims Trimmed, Wins Fees In TM Suit

IP Law 360

A California federal judge on Monday threw out the bulk of an artist's counterclaims in Yuga Labs Inc.'s trademark suit against him over its Bored Ape Yacht Club non-fungible token collection, finding that the claims don't hold up under California law and ordering them to cover Yuga's attorney fees.

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Massive Medical Device Recall Leads to Lawsuit

LexBlog IP

In February 2022, Exactech recalled hundreds of thousands of knee and ankle replacement devices that were implanted into patients between 2004 and 2022. The knee and ankle inserts had inadequate packaging that failed to protect the parts from exposure to oxygen before being implanted into the body. Oxidation can cause the inserts to significantly degrade over time, leaving many patients in pain and facing the possibility of revision surgery.

Law 52
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Suit Against Starz Over Strip Club TV Drama Heads To Calif.

IP Law 360

A Georgia federal judge on Monday agreed to transfer a suit accusing TV network Starz and others of ripping off a cabaret-based stage play with the televised drama "P-Valley" to California federal court, finding the transfer was proper because many "key witnesses" live in California.

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Marty Schwimmer, old man of IP blogs, still alive

Likelihood of Confusion

The Trademark Blog Is Five Years Old (hat tip to Welch)! That’s the equivalent of 84 in blog years. I would never have thought he’d last this long when I. The post Marty Schwimmer, old man of IP blogs, still alive appeared first on LIKELIHOOD OF CONFUSION™.

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Fed. Judge Cites Backlog 'Crisis' In Declining To Merge Suits

IP Law 360

A California federal judge on Monday rejected a Walmart supplier's motion to consolidate two cases stemming from a patent dispute over a disposable razor invention and to delay the trial, citing the district's "overwhelming case load" that's forced him into a "substantial backlog of over 100 fully briefed, submitted motions.