Wed.Jan 18, 2023

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More Public Domain “Triumphs”: Winnie the Pooh “Blood and Honey”, and The Great Gatsby (Zombie Version)

Hugh Stephens Blog

Every year around the beginning of January, a lot of public domain hyperbole hits the airwaves with stories about how our lives are about to be enriched now that such-and-such a work is no longer under copyright protection but has fallen into the public domain.

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3 Count: Getty Joins the Fight

Plagiarism Today

Getty Images sues image AI company, court denies attorneys fees to the RIAA (for now) and the Bored Apes never registered their copyright. The post 3 Count: Getty Joins the Fight appeared first on Plagiarism Today.

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One billion days lost: How COVID-19 is hurting the US workforce

McKinsey Operations

COVID-19 may no longer be a pandemic, but the disease likely reduced the availability of the US workforce by as much as 2.6 percent in 2022—a burden on productivity that could last for years.

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Professor’s Correspondence Over Retractions Ruled Public Record

Plagiarism Today

A college professor attempted to block a records request related to journal retractions. However, the court ruled they should be disclosed. The post Professor’s Correspondence Over Retractions Ruled Public Record appeared first on Plagiarism Today.

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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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Closing the digital divide in Black America

McKinsey Operations

Five steps could help to bring broadband and digital equity to every Black household in the United States—urban and rural—while bolstering efforts to create a more inclusive economy.

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Iconic Fansubbing Site Legendas.tv Shuts Down Voluntarily

TorrentFreak

Every day, millions of people enjoy fan-made subtitles. These files help foreigners to better understand English entertainment and provide the hearing impaired with a way to comprehend audio. These subtitles are often used in combination with pirated films or TV shows, a thorn in the side of entertainment industry companies, who see this as a threat to their business.

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More Trending

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My IP Intensive Experience: From Seminars to CIPO and Beyond

IPilogue

Mac Mok is an IP Innovation Clinic Senior Fellow and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. This semester, I participated in Osgoode’s Intellectual Property (IP) Law and Technology Intensive program (IP Intensive). The IP Intensive starts with a 2 week seminar series where students are exposed to a variety of IP related topics, followed by a 10 week placement at an organization to allow students to

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Kerala High Court on Publishing Judgments and Right to be Forgotten: Some Points to Ponder Upon

SpicyIP

Image from here. While remembrance often occupies a higher pedestal in our social setting, forgetting has its own charm ! There is a reason muscle memory is often linked to remembering when forgetting may also require an active action ! Why all this philosophical fodder suddenly on an IP blog … . Well … there’s a (new?) right in the town called the right to be forgotten (“RTBF”), an antipode of the right to know (or a right to remember, by a logical extension?

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High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel

IP Watchdog

The U.S. Supreme Court yesterday invited the U.S. Solicitor General to provide its views on Apple’s petition asking the High Court to clarify the proper application of estoppel in inter partes review (IPR) proceedings. The case stems from a February, 2022, decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in which the court issued a mixed precedential decision that affirmed, vacated, and remanded in part a decision by the U.S.

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Call of Duty Cheat Makers Tell Judge That Activision is Already Suing Them

TorrentFreak

Early January 2022, Activision filed a lawsuit in the United States against German companies EngineOwning UG and CMN Holdings S.A., several named defendants, and 50 ‘John Does’ Activision claimed that the Call of Duty cheats sold by the defendants are copyright-infringing “circumvention devices” and trafficking in them is illegal under the DMCA.

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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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"no preservatives" plausibly misleading where ingredients had preservative function

43(B)log

Kelly v. Beliv LLC, F.Supp.3d -, 2022 WL 16836985, No. 21-cv-08134 (LJL) (S.D.N.Y. Nov. 9, 2022) Kelly sued Beliv based on the “No Preservatives” claim on its juice-based beverage Nectar Petit, alleging violations of NYGBL §§ 349 and 350 and the corresponding consumer fraud statutes of Connecticut and Massachusetts; violations of the Magnuson-Moss Warranty Act (MMWA); breaches of express warranty and the implied warranty of merchantability; as well as negligent misrepresentation, fraud, and unju

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Ask JeePT: Does ChatGPT replace a traditional trademark availability search?

JD Supra Law

Unless you live under a rock, you have likely heard of ChatGPT, the artificial intelligence-powered chatbox, and the praises being sung regarding its unlimited functions. Ask it anything, they say. Have it summarize research. Draft a contract. Write a book report. “It reminds me of Ask Jeeves,” I told my husband, except the output isn’t just the first page of Google.

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Starting up as a new CFO

McKinsey Operations

Congratulations, you’ve made it—now hit the ground running. Here are seven key mindsets and practices that effective CFOs adopt from day one.

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Do Androids Dream Of Copyright Registration? – AI Art And Copyright

JD Supra Law

If you scrolled through social media during the month of December, you probably saw an explosion of digital self-portraits from your friends and colleagues using the AI-art app, LENSA. LENSA is the latest AI-art app to join the ranks of Midjourney and DALL-E. LENSA uses artificial intelligence to digitize portraits in a variety of categories, from anime to fantasy to “stylish”.

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What is subject matter eligibility?

Patent Trademark Blog

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. You can think of patenting as satisfying at least two conditions: eligibility and uniqueness. If the subject matter is ineligible, it is disqualified from patent protection regardless of how unique it may seem.

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Infographic | Copyright legal dispute

Olartemoure Blog

The legal battle started in 2017 between the estate of Andy Warhol and photographer Lynn Goldsmith , over the use of Goldsmith’s images of the late musician Prince. Goldsmith did a photoshoot of Prince in 1981. In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince.

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Paradise Denied: Copyright (Or Not) In AI-Generated Images

JD Supra Law

The U.S. Constitution provides the basis for copyright protection “by securing for limited times to authors. the exclusive right to their respective writings” in order “[t]o promote the progress of. the useful arts.” But when it comes to images created by artificial intelligence (AI), who is the author? And is the AI-generated image copyrightable at all?

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A year in review: key SEP/FRAND discussions in 2022

IAM Magazine

SEP/FRAND discussions dominated conferences, webinars and symposiums over 2022. This two-part review examines the key takeaways from these conversations, with a special focus on industries where standards subject to SEPs are implemented.

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Top Stories of 2022: #5 to #7

JD Supra Law

After reflecting upon the events of the past twelve months, Patent Docs presents its 16th annual list of top patent stories. For 2022, we identified ten stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and applicants. On Monday, we counted down stories #10 to #8, and today we count down stories #7 to #5, as we work our way towards the top four stories of 2022.

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Ballard Spahr's New Atlanta Leader On Growth, Mentoring

IP Law 360

After taking the reins as managing partner of Ballard Spahr LLP's Atlanta office this month, Richard W. Miller said he is looking to build on the office's strengths in intellectual property and expand its services in other practices while continuing to encourage a hybrid work schedule that enables mentoring young lawyers.

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AI Trends For 2023 - UK Targets Innovation Not Regulation For AI Sector

JD Supra Law

During 2023, the UK will continue to position itself as a leader in the AI sector—by emphasizing support for the AI industry rather than pushing forward a legislative agenda.

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Forward Thinking on the complicated and contentious state of global trade with Chad P. Bown

McKinsey Operations

“This is certainly the most exciting, contentious, uncertain time when it when it comes to trade policy, certainly in my lifetime,” says a leading trade economist. “And I just had one of those big, round number—half century—birthdays, and so I’ve been around for a fairly long period of time.”.

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Will DAOs Be Patent Litigants?

JD Supra Law

Decentralized autonomous organizations (DAOs) are a popular way to organize technical projects. They perform significant work in multiple areas, especially developing crypto financial software systems. As such, they may one day become embroiled in patent litigation, even though such litigation has been rare in the blockchain space.

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part 2

The IPKat

The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) as a “sequel” to his earlier IPKat post discussing the lawsuit brought by BAYC against Ryder Ripps. Here’s what Paolo writes: BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part 2 by Paolo Maria Gangi A few months ago, I discussed the lawsuit that BAYC (Bored Apes Yacht Club), one of the world’s most prominent and well-known NFT projects realized by Yuga Lab, brought against Ryder Ripps

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Key Steps to Protect Your Intellectual Property and Reduce Risk if Your Employees are Using Artificial Intelligence Chatbots

JD Supra Law

ChatGPT may be a popular choice for chatbot development, but it's not without its risks and vulnerabilities. In this article, we'll take a closer look at the potential dangers that ChatGPT users need to be aware of when using ChatGPT to generate content, and which intellectual property issues may arise in that context.

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Topics in Data Management: Part I: Data as a Corporate Asset

Velocity of Content

This is the first of a series of posts on the topic of improving the Data Management practices of an enterprise so that its data can become an asset. Before we explain what we mean by the data being an asset for the enterprise, we should back up and define what we mean by ‘data’ in this context, and talk about why any company would want to collect and govern it in the first place.

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Design Patents are Heating Up at the Federal Circuit

JD Supra Law

Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. D657,093 (“D’093”) for a “Heat Reflective Material,” which as illustrated side-by-side below had been asserted against Seirus’s HeatWave™ material.

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Supreme Court Taking Additional Look at Apple’s Estoppel Petition

Patently-O

by Dennis Crouch The Supreme Court has added a fourth case to its list of potentials for 2023: Apple Inc., v. California Institute of Technology , Docket No. 22-203. The case is extremely important for our patent system because it could define key aspects of the interplay between inter partes review (IPR) proceedings and parallel district court litigation.

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Is virtual care delivering on its promise of improving access?

McKinsey Operations

Although virtual-care adoption has substantially increased, healthcare organizations can pursue additional opportunities to reduce disparities in access.

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My Amicus Brief in Gonzalez v. Google

Technology & Marketing Law Blog

Internet Law is in play at the U.S. Supreme Court, as they will likely hear at least four cases this term. (A possible fifth is the 303 Creative case). The four cases: Gonzalez v. Google, over whether Section 230 applies to algorithmic recommendations. Taamneh v. Twitter, over whether social media services can violate the Anti-Terrorism Act. NetChoice v.

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SG, Levi's And More Back Jack Daniel's High Court TM Fight

IP Law 360

From the Office of the Solicitor General to Levi's to Campbell's Soup, a wide range of voices on Wednesday weighed in on a copyright dispute in the U.S. Supreme Court over whether a dog toy parodying a Jack Daniel's whiskey bottle should be protected by the First Amendment.

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What to expect in US healthcare in 2023 and beyond

McKinsey Operations

Recent developments have complicated the outlook for industry profit pools.

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Vidal Touts Benefits Of Entrepreneurs Identifying IP Early

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal at an event Wednesday emphasized the importance of entrepreneurs obtaining intellectual property to build their businesses and introduced a new agency tool designed to help inventors and businesses take the first steps in that process.

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Dawn Mertineit Named Vice Chair of Intellectual Property Owners Association Trade Secrets Committee

Trading Secrets

Seyfarth partner Dawn Mertineit was recently named Vice Chair of the Trade Secrets Committee for the Intellectual Property Owners Association (IPO). The Trade Secrets Committee focuses on providing practical education to IPO membership and the public on the topic of trade secrets, including presentations, white papers, and form documents. Find more information about the IPO Trade Secret Committee on the IPO website.

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The 7th Circ.'s Top 10 Civil Opinions Of 2022

IP Law 360

Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

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