Thu.Dec 01, 2022

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It’s Official: Canada Extends its Term of Copyright Protection

Hugh Stephens Blog

The announcement itself was a bit of an anticlimax. It was something that had been in the pipeline for months but until the publication of the Order-in-Council dated November 17 (released on November 23), it was still hanging as a piece of unfinished business.

Copyright 246
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Google Addresses Scraped and Spun Content

Plagiarism Today

In a recent Google SEO Office Hours video, Dan Nguyen, from Google’s search quality team, answered a pair of questions that directly addressed content that scraped and/or spun from other material. The first question, at 9:19 in the video, asks, “How should content creators respond to sites that use AI to plagiarize the content, modify it, and then outrank them in search results?”.

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Michael Bynum Names New Defendants in Proposed Amended Complaint to 12th Man Copyright Lawsuit

IP Watchdog

On November 23, sportswriter Michael Bynum and his publishing label Epic Sports filed a motion for leave to file a second amended complaint and a proposed second amended complaint in the Southern District of Texas. The filings seek to revive copyright infringement claims filed by Bynum against employees at Texas A&M University for their roles in unauthorized distributions of Bynum’s biography of E.

Copyright 131
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3 Count: Marge’s Style

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: An Artist Has Vowed to Take Legal Action Against Cardi B for Appropriating His Art For Her Halloween Costume. First off today, Jo Lawson-Tancred at Artnet reports that an Italian artist has threatened legal action against musician Cardi B over an Instagram post of her in a Halloween costume.

Artwork 169
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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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Popular File-Sharing Service Refuses to ‘Filter’ Content as it Fears Overblocking

TorrentFreak

To the global audience, Ulož.to may not be a household name, but in the Czech Republic, it is massive. The file-sharing and hosting service is listed among the most-visited websites in the country, while its mobile apps are frequently used as well. Like many other file storage platforms, Ulož can be used to share a wide variety of files but according to copyright holders, many people abuse the platform to share pirated music, movies, and TV shows.

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Former Commerce, USPTO Heads Push for U.S. to Lead Opposition to Extending WTO’s COVID IP Waiver

IP Watchdog

In a webinar hosted today by the Council for Innovation Promotion (C4IP), the organization’s founders, Andrei Iancu and David Kappos, both former Directors of the U.S. Patent and Trademark Office (USPTO), spoke with former U.S. Secretary of Commerce, Gary Locke, about the increased skepticism surrounding a plan to extend the waiver of intellectual property protections for COVID-19 vaccines under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to COVID-19 diagnostic

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Five lessons from AI on closing quantum’s talent gap—before it’s too late

McKinsey Operations

To ensure organizations have access to the quantum computing talent they need when they need it, leaders will have to upskill workers and create pathways for new talent, just as they did for AI.

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MarkIt to Market® - November 2022

JD Supra Law

Thank you for reading the November 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we address a precedential TTAB decision that presents interesting priority issues relating in particular to the effective date of cannabis applications, and share the open gTLD Sunrise period. We also feature articles from Law360 and Law.com that discuss the Jack Daniel's trademark case headed to the Supreme Court.

Marketing 101
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Supreme Court to Hear Jack Daniel’s Dog Toy Dogfight

The IP Law Blog

The U.S. Supreme Court recently granted Jack Daniel’s petition for review in its case against the makers of “Bad Spaniels,” a dog chew toy that mimics a bottle of Jack Daniel’s whiskey. The dog toy made by VIP Products LLC parodies Jack Daniel’s famous bottle, replacing “Old No. 7” and “Tennessee Whiskey” labeling with “Old No. 2 On Your Tennessee Carpet.”.

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Del. Judge Lists Red Flags To Justify Funding Probe

IP Law 360

Delaware's chief judge has detailed the full story of why he's investigating whether patent monetization entity IP Edge is controlling seemingly unrelated litigation after the patent owners called on the Federal Circuit to intervene.

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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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AstraZeneca AB v. Mylan Pharms., Inc. Symbicort® (Budesonide and Formoterol)

JD Supra Law

Case Name: AstraZeneca AB v. Mylan Pharms., Inc., No. 22-cv-35, 2022 WL 2707729 (N.D.W.V. July 12, 2022) (Bailey, J.) Drug Product and Patent(s)-in-Suit: Symbicort® (budesonide and formoterol); U.S. Patent No. 11,311,558 (“the ’558 patent”).

Patent 98
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IP Forecast: Jury To Hear Apple-Ericsson Licensing Battle

IP Law 360

A federal jury in Marshall, Texas, next week will hear long-simmering arguments from Apple that Ericsson isn't licensing its assortment of cellular patents considered essential to 4G and 5G standards at fair, reasonable and non-discriminatory rates.

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The Value of Open Access in XML Format

Velocity of Content

“Open access has been described as everything from a business model to a movement.” So said my colleague Roy Kaufman a while ago (see video below). Open access (OA) content provides many benefits, not least the ability to collaborate on research more easily and the rights to re-use or build on the learning of others to advance discovery.

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"TACO TUESDAY" Fails to Function as a Trademark for Beer, Says TTAB

The TTABlog

The Board upheld a refusal to register the proposed mark TACO TUESDAY for beer, finding that the term fails to function as a source indicator under Sections 1, 2 and 45 of the Trademark Act. Applicant Monday Night Ventures unsuccessfully argued that the refusal was "illogical and incongruous" because TACO TUESDAY "is not informational at all as it relates to the goods in the application" and the use of the term by restaurants in connection with the sale of tacos on Tuesday is irrelevant.

Trademark 102
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What Is an EIN and Does Your Business Need One

Legal Zoom

An Employer Identification Number (EIN) is relatively easy to obtain and a useful—sometimes mandatory—tool when starting a new business or considering a side business.

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‘Twas The Night Before Christmas: The Dos and Don’ts of Your Holiday Work Party

Nelligan Law

Reading Time: 3 minutes. With the holiday season upon us, ‘tis the season to talk about the night before Christmas we all look forward to at the workplace: the annual holiday work party. These celebrations come in all shapes and sizes: afternoon teas, gift exchanges, ugly sweater competitions, Christmas caroling, dinner, dancing – the possibilities are endless.

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A Tale of Two Readouts: U.S. Escalates Trade Concerns With Canadian Digital Policy as Canada Seeks To Downplay the Issue

Michael Geist

Canadian International Trade Minister Mary Ng and U.S. Trade Representative Katherine Tai met yesterday to discuss Canada-U.S. Trade issues and concerns regarding Canada’s digital policy – most notably a proposed digital sales tax and Bills C-11 and C-18 – continue to mount. The U.S. raised digital policy concern over the summer , specifically citing Bill C-11 with a reference to “ pending legislation in the Canadian Parliament that could impact digital streaming services.

Designs 83
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Procurement in Africa: Exercising a muscle for challenging times

McKinsey Operations

Amid rising costs and increasing demand for raw materials, African companies may need to pull every available lever to maximize procurement efficiency.

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Patent Poetry: Patent Office Announces Climate Change Mitigation Pilot

JD Supra Law

Earlier this year, the US Patent and Trademark Office (USPTO) announced its Climate Change Mitigation Pilot Program.

Patent 98
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Creating an inclusive environment in insurance

McKinsey Operations

As one of the most diverse sectors for entry-level workers, the insurance industry has a unique opportunity to help marginalized people advance. It starts with creating an inclusive environment.

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Bilibili - The Chinese tech company mitigating overseas litigation risks via a patent pool approach

IAM Magazine

General Counsel Nan Liu speaks with IAM about international strategies, NPE threats and the UPC

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Charting the global energy landscape to 2050: Emissions

McKinsey Operations

At the end of COP27, concerns are growing that a 1.5º Pathway is getting out of sight. Our latest Global Energy Perspective offers important insight on how temperature increases vary across scenarios.

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Building Better Brand Deal Agreements For Influencers

IP Law 360

Attorneys can help independent content creators and social media influencers who are offered corporate marketing partnerships negotiate better terms and avoid unexpected liability by knowing common pitfalls in brand deal agreements, says Julian Sarafian at For Creators by Creators.

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How to transform your shipping company

McKinsey Operations

After a few boom years, the global shipping industry faces a potential downcycle—but increased digitization can help companies prepare for volatility.

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10 Things To Know About The Coming EU Unified Patent Court

IP Law 360

When the Unified Patent Court opens next year, it will represent a paradigm shift for adversarial patent proceedings in Europe, and practitioners should familiarize themselves now with this new, centralized litigation system, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

Patent 75
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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

MGFB Properties, Inc. v. Viacom Inc, No. 21-13458 (11th Cir. Nov. 29, 2022) MGFB runs the Flora-Bama Lounge, Package and Oyster Bar on the Florida-Alabama border. “The Lounge has been in operation since 1964 and has gained regional fame by hosting many entertainment and athletic events.” Viacom made the Jersey Shore spin-off MTV Floribama Shore. The court of appeals affirms, on Rogers v.

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YouTube Wants Anti-Piracy Suit Tossed

IP Law 360

YouTube asked a Florida federal court Wednesday to hit the fast-forward button in a suit claiming the video sharing platform pirated several Mexican and Latin American films and grant summary judgment in YouTube's favor.

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painful vaccination is injury for NY GBL purposes

43(B)log

DeCostanzo v. GlaxoSmithKline PLC, 2022 WL 17338047, No. 21-CV-4869 (GRB)(AYS) (E.D.N.Y. Nov. 29, 2022) DeCostanzo’s putative class action alleged that GSK’s ad campaign for the whooping cough vaccine Boostrix misled consumers into believing the vaccine would help prevent transmission of the disease to infants when in fact it increases the risk of unwittingly transmitting the disease (because Boostrix-vaccinated people may acquire and transmit whooping cough despite being asymptomatic).

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November 2022 Roundup of Copyright News

Copyright Alliance

Artificial Intelligence (AI) issues heated up quickly in November, with a major visual arts community and an AI developer making changes to their policies on AI use of copyrighted works […]. The post November 2022 Roundup of Copyright News appeared first on Copyright Alliance.

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Update on Celltrion’s Infliximab Biosimilar

LexBlog IP

Celltrion recently confirmed that it proved the effectiveness of its subcutaneous infliximab biosimilar, RemsimaSC (CT-P13 SC) in two global Phase III trials. The Phase III study was a 54-week study conducted on 438 patients of ulcerative colitis and 343 Crohn’s disease patients. According to Celltrion “[t]he results showed that RemsimaSC demonstrated significantly high efficacy than the placebo group.

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Seventh Circuit Deals (Final) Blow to Suspect Right of Publicity Privacy Class Actions Rising in the Courts

JD Supra Law

Key Points - Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes generally seek to codify the common law right of publicity—the right to prevent the unauthorized use of one’s identity for commercial gain—and have been used to sue companies that sell personally identifiable information to third-party marketers, data aggregators and.

Privacy 52
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Medical Leave and Accommodation for Mental Illness and Addictions

Nelligan Law

Reading Time: 2 minutes. Increasing numbers of employees are struggling with mental illness and addictions in today’s workplaces. The symptoms related to these types of illnesses, including a decline in capacity to handle deadlines; stress; despondence; erratic behavior; inability to concentrate and focus; and fatigue. These symptoms are often perceived and treated by employers as a performance issue, with disciplinary results that, in turn, may worsen the employee’s condition.

Law 52
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Supreme Court to Hear Jack Daniel’s Dog Toy Dogfight

LexBlog IP

The U.S. Supreme Court recently granted Jack Daniel’s petition for review in its case against the makers of “Bad Spaniels,” a dog chew toy that mimics a bottle of Jack Daniel’s whiskey. The dog toy made by VIP Products LLC parodies Jack Daniel’s famous bottle, replacing “Old No. 7” and “Tennessee Whiskey” labeling with “Old No. 2 On Your Tennessee Carpet.” The dispute dates back to 2014 when Jack Daniel’s sent a series of ce

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Worth a thousand words

Likelihood of Confusion

How much use is fair use — i.e., permissible use — when it comes to graphics and photographs you “find” on the Internet? Not too much. As I said a. The post Worth a thousand words appeared first on LIKELIHOOD OF CONFUSION™.

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Limited Stipulation Results In Fintiv Denial

JD Supra Law

Patent Owner, IP Bridge, filed a patent infringement suit against Petitioner, Ericsson, for infringement of seven of its patents directed at radio communication between a base station and a mobile station and related apparatuses and methods. As a result, Petitioner filed several inter partes review (IPR) petitions, including those directed at U.S. Patent Nos. 8,077,594 (“the ‘594 Patent”), 8,385,239 (“the ‘239 Patent”), and 9,137,000 (“the ‘000 Patent”) (collectively, “the Patents”) as being.