Tue.Jun 21, 2022

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The John Hughes Plagiarism Scandal

Plagiarism Today

On June 9th, Anna Katharine Verney at the Guardian Australia published a lengthy analysis of the John Hughes book The Dogs. The book was on the longlist for the Miles Franklin prize, widely considered to be the highest literary prize in Australia. However, according to The Guardian, the book contained many similarities to a 2017 English translation of the book The Unwomanly Face of War by Svetlana Alexievich.

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Paris Hilton is One of the First Defendants at the ‘Small’ Copyright Claims Board

TorrentFreak

Last Thursday, the US Copyright Claims Board went live. Through this venue, hosted at the Copyright Office, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

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3 Count: Small Claims, Open Doors

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge in Maryland Strikes Down Library e-Book Law. First off today, Hillel Italie at the Associated Press reports that a judge in Maryland has shot down a law that would have required publishers to make e-books available on “reasonable terms” to libraries in the state.

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MANGA Plus Invites Users to Confess Piracy & Name Most-Used Pirate Sites

TorrentFreak

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade. However, powered by a global Internet and passionate fans with translation abilities, scanned copies of manga titles first trickled and then flooded into the West, creating a massive market and future demand for this Japanese cultural product where none previously existed.

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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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Recent Study Shows How Companies That File Trademarks are More Profitable

Erik K Pelton

Trademark filings at the USPTO generally track the economy and act as a predictor of the economy. In this episode Erik shares details of a recent study showing how companies that invest in trademark protection are more likely to show better returns. The post Recent Study Shows How Companies That File Trademarks are More Profitable appeared first on Erik M Pelton & Associates, PLLC.

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Book Review: Intellectual Property as a Complex Adaptive System

The IPKat

This Kat is delighted to review “ Intellectual Property as a Complex Adaptive System ” (eds. Anselm Kamperman Sanders and Anke Moerland, 2021), the latest publication within EIPIN series of Edward Elgar. The book opens with Anselm Kamperman Sanders and Anke Moerland advancing their vision as to why intellectual property (IP) must be regarded as a complex adaptive system (CAS).

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‘In Good Hands’: As Hirshfeld Reflects on His Long Career, Vidal Preps for USPTO’s Future

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal and outgoing Acting Deputy Director Drew Hirshfeld joined IPWatchdog’s CEO and Founder Gene Quinn today to discuss Hirshfeld’s nearly 30-year career with the Office, as well as Vidal’s philosophy as she embarks on her journey as the new Director. Vidal emphasized the importance of dialogue in shaping USPTO practices and processes but said she also will not wait around indefinitely on input over doing “what’s right for the country.

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New operations management systems for a digital world

McKinsey Operations

Now is the time to redefine management disciplines with a modern tool kit powered by technology. The organizations that embark on this journey sooner will achieve the benefits from a culture of innovation.

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What legal lines can’t NFTs cross? The Nike v StockX lawsuit may provide answers

IPilogue

Anita Gogia is an IPilogue Writer and an incoming 2L JD Candidate at Osgoode Hall Law School. On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike alleges that StockX is selling unauthorized non-fungible tokens (“NFTs”) of Nike sneakers. These issues are novel in their involving the metaverse.

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Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights. As the court discussed, Around December 2021, defendant Mason Rothschild created digital images of faux-fur-covered versions of the luxury Birkin handbags of plaintiffs Hermes International and Hermes of Paris, Inc.

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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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Building Black-owned brands to accelerate prosperity

McKinsey Operations

Black-owned businesses are crucial to America’s long-term prosperity, but they face long-time challenges. How can McKinsey’s Next 1B accelerator help create a more inclusive environment for Black entrepreneurs?

Branding 108
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How to Look Good at the Cost of Your Successor (Please Don’t!)–Part 2

Christopher Roser

This is the second post in this short three-post series on how to look good while driving the plant into the ground. Again, the following is intended more of a warning on how NOT to do it, even though I fear some may use it as a checklist. My hope is that even more see. Read more. The post How to Look Good at the Cost of Your Successor (Please Don’t!

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Safeguarding green steel in Europe: Facing the natural-gas challenge

McKinsey Operations

European steelmakers need to reconsider their decarbonization strategies because of rising natural-gas and electricity prices, as well as potential limitations on the natural-gas supply.

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Spoonful of Commercial Success Overcomes Obviousness Rejection

JD Supra Law

The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica Lineberry. The PTAB found sufficient commercial success in the form of sales data, and that such success was directly attributable to the unique features of the Applicant’s product.

Patent 98
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Redefining the modern CEO

McKinsey Operations

COVID-19 and other recent global crises have necessitated a redefinition of the role of 21st century leaders. In this McKinsey Future of Asia Podcast episode, we explore what it takes to be an excellent CEO in today’s ever-changing and challenging global environment.

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Sheeran To Get £1M Costs In 'Shape Of You' Copyright Suit

IP Law 360

Ed Sheeran won £916,000 ($1.2 million) to cover costs after he prevailed in a lawsuit that alleged he had copied another band with his hit "Shape of You," despite claims he withheld evidence, a London court ruled Tuesday.

Copying 98
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The cloud as a strategic ecosystem for innovation and growth

McKinsey Operations

In this interview, Deutsche Börse’s chief information officer and chief operating officer explains how the company’s ongoing cloud journey is defining its digital transformation.

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Last Week In The Federal Circuit (June 13-17): A Concentration Claim Construction

JD Supra Law

It’s officially the start of summer, but the Federal Circuit is still hard at work: last week the Court issued a few precedential opinions, several non-precedential decisions, and a handful of affirmances without opinion from the Court’s June argument sitting. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.

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Ivan’s IP

Likelihood of Confusion

Boing Boing reports on a chilling development: The Kremlin is using Russia’s new anti-software-piracy laws to target dissident media outlets and shut them down. This is an eerie echo of. The post Ivan’s IP appeared first on LIKELIHOOD OF CONFUSION™.

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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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Behind the Scenes: Building CCC Expert View

Velocity of Content

Since May of 2020, we have seen over 2000 articles per week published on COVID-19. That’s a lot of new information to absorb and digest. And of course, with COVID, we have not only the problem of too much information too quickly, but the urgency–especially back in Spring 2020–to find answers and experts now. It was this context that provided CCC the impetus to take some experimental work we were doing in-house on data pipelines and build a COVID author graph.

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Decision on American Axle Within the Week

Patently-O

by Dennis Crouch. The country is awaiting big non-patent cases from the U.S. Supreme Court that we expect sometime over the next week or so. Most notably is the abortion case of Dobbs v. Jackson Women’s Health Org. No patent decisions are expected, but the Court will consider whether to grant certiorari in the lingering eligibility petition in American Axle & Manufacturing, Inc. v.

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Getting paid to play? Copyright, contract, and the rewards for UGC

Kluwer Copyright Blog

Image by Egnez via Pixabay. Users are increasingly prolonging the lifespan and value of a video game past its initial release date through user-generated content (UGC). The little-understood phenomenon of ‘watching other people play games’ is now a commonplace fact of life online. This phenomenon is responsible for creating game influencers, and those game influencers have also in turn created derivative game industries (see e.g., the story of Rocket League , now a world-famous eSport).

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Evolving ecosystems: Advanced analytics in shrimp aquaculture

McKinsey Operations

The latest innovations in digital ecosystems can help standardize, automate, and optimize farming practices.

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How Small Business Owners Can Cope with Inflation and a Possible Recession

Legal Zoom

Helpful tips for the small business owner to survive a bear market, rising inflation and a possible recession.

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Fish Ranked Highly in Chambers Associate 2022 Satisfaction Survey

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is pleased to announce that the firm has been ranked by Chambers Associate in the organization’s 2022 Associate Satisfaction Surveys. The surveys seek to identify the best firms for junior associates across a wide range of metrics, including career development, pro bono, diversity, and overall satisfaction. Fish was recognized in the following categories: Associate Satisfaction – Top 50 Leading Firm.

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Vidal Pledges Action Soon On IPR Denials, Director Review

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal said Tuesday that policy announcements on key issues like inter partes review denials and director reviews are coming "sooner rather than later," and that she's aiming to craft policies that are "best for the country.

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Seven LGBTQ+ Changemakers in Film and Television

Copyright Alliance

According to Glaad, in 2022, almost 12% of regular characters on broadcast TV programs and series are members of the LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, and more) community, a […]. The post Seven LGBTQ+ Changemakers in Film and Television appeared first on Copyright Alliance.

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'Blade Runner' Artist's Estate Seeks To Keep Suit Against Atty

IP Law 360

The family of late movie-poster artist John Alvin said a Pennsylvania attorney shouldn't be able to slip its lawsuit claiming he improperly tried to sell the original art for a famous "Blade Runner" poster, since the family told a federal court it had sufficiently made the case the art belonged to John Alvin's estate.

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Juno Petition Asks SCOTUS to Clarify Written Description Standard

IP Watchdog

Juno Therapeutics last week petitioned the U.S. Supreme Court, asking it to review an August 2021 decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) that reversed a jury verdict for Juno and Sloan Kettering Institute for Cancer Research, wiping out a $1.2 billion judgment for the entities. The CAFC found that the jury’s verdict with respect to written description was not supported by substantial evidence.

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Google Drops Challenge To France's €500M Publishing Fine

IP Law 360

Google has agreed to withdraw its appeal of a €500 million ($525 million) fine from France's antitrust watchdog for breaching injunctions and unfairly negotiating with the country's news publishers, according to an announcement Tuesday.

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Tax Preparation Tips for Small Businesses

Legal Zoom

You aren't alone if you don't look forward to filing taxes – but tax season doesn't have to be a nightmare. Advance planning and solid organization can help your business navigate successfully and smoothly through tax season.

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Supreme Court Snubs Engineer's Appeal In Winch IP Fight

IP Law 360

The U.S. Supreme Court rejected Tuesday an engineer's appeal of a Federal Circuit decision that axed his ??$1.8 million jury win against a theatrical winch maker that he argued took away his company's right to a trial by a jury.

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Breaking: Global COVID-19 IPR waiver approved

JD Supra Law

Last Friday 17 June 2022, the WTO member states came to an agreement on the long negotiated TRIPS Waiver. In its annual 6 days conference (the Ministerial Conference), the WTO member states agreed that all developing country members (the Eligible Member States) may authorise the production of a patented COVID-19 vaccine without the consent of the patent owner.

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Justin Bieber's Wife Faces TM Suit Over New Skincare Co.

IP Law 360

The wife of pop star Justin Bieber was hit with a trademark lawsuit on Tuesday accusing her of launching her new beauty brand "Rhode" even after allegedly trying — and failing — to secure trademark rights from a fashion brand of the same name that says it "simply cannot compete with her immense fame and following.