Wed.Mar 08, 2023

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“The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”: Will it Become Law?

Hugh Stephens Blog

Last fall, in October, the Canadian Senate gave Third Reading to Bill S-208, “The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”. That legislation, sponsored by Senator Patricia Bovey, a distinguished art historian by profession, (former director of the Winnipeg Art Gallery and the Art Gallery of Greater Victoria, Adjunct … Continue reading "“The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”: Will it Become Law?

Law 246
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$1 Million Book Project Cancelled Due to Plagiarism

Plagiarism Today

Santa Clara County has cancelled a plagiarism-filled book project and says that it spent over $1 million on the now-cancelled book. The post $1 Million Book Project Cancelled Due to Plagiarism appeared first on Plagiarism Today.

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Why Some Trademarks Receive More Protections Than Others

Erik K Pelton

A trademark can be anything that indicates the source of a business’ products or services. However, not all trademarks are created equal – which is where creativity and context come into play. Erik shares more details in this podcast. The post Why Some Trademarks Receive More Protections Than Others appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: Omi in a Prison

Plagiarism Today

Omi in a Hellcat sentences to 5 and a half years in prison, Quad9 loses DNS blocking appeal and Twitter suspends a user over a DMCA dispute. The post 3 Count: Omi in a Prison 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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Generative AI: Unlocking the future of fashion

McKinsey Operations

While still nascent, generative AI has the potential to help fashion businesses become more productive, get to market faster, and serve customers better. The time to explore the technology is now.

Marketing 144
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DNS Resolver Quad9 Loses Global Pirate Site Blocking Case Against Sony

TorrentFreak

In 2021, Sony Music obtained an injunction ordering DNS resolver Quad9 to block the popular pirate site Canna.to. The injunction , issued by the District Court of Hamburg, required the Swiss DNS resolver to block its users from accessing the site to prevent the distribution of pirated copies of Evanescence’s album “ The Bitter Truth “ Quad9 Appeals Site Blocking Injunction The Quad9 Foundation fiercely opposed the injunction.

Music 142

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Omi in a Hellcat Handed 66 Months in Prison For Pirate IPTV, Forfeits $30m

TorrentFreak

After entering a guilty plea some time ago, former pirate IPTV service operator Bill Omar Carrasquillo was sentenced Tuesday in a Philadelphia court. Last month the U.S. government called for 15.5 years in prison for crimes related to Carrasquillo’s pirate IPTV service, Gears TV, which was shut down by the FBI in 2019. That was still a far cry from the 500+ years thrown around in the earlier stages of the case, but after causing an estimated $167 million in damages to TV providers Charter

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Better late than never? Not if you want to avoid acquiescence!

The IPKat

There can be many reasons for not taking action against a trade mark infringement, such as budget limitations or an unattractive risk-reward ratio. But not taking action may have serious consequences. Consider a trade mark owner who has acquiesced, for a period of five successive years, to third party's use of a later registered trade mark, while being aware of such use.

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Facts, Not False Political Narratives, Should Drive American Competitiveness

IP Watchdog

Innovation is the foundation of America’s ability to compete in a global economy, and the cornerstone of America’s foundation is our patent system. This is especially true when it comes to American leadership in life sciences. Yet, Washington is debating proposals, driven by political narratives, that will limit the availability of patents and that fail to consider the impact on innovation and American competitiveness.

Inventor 120
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Digital transformation to achieve operational excellence

McKinsey Operations

Using principles of operational excellence, empowering workforces, and adding digital processes to production can help companies achieve new levels of performance.

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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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Legal Tug-Of-War: Protecting Privilege in Privacy Breach Disputes

IPilogue

Sally Yoon is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. M. Imtiaz Karamat is an IP Osgoode Alumnus and an Associate at Deeth Williams Wall LLP. This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason.

Privacy 106
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Pharma Companies, U.S. Government Spar Over Application of Section 1498 to Patent Infringement Claims Against Moderna’s COVID-19 Vaccine

IP Watchdog

On March 2, U.S. District Judge Mitchell S. Goldberg of the District of Delaware received several filings related to the impact of the U.S. government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S. patented invention.

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Winzo v Google- Missed Opportunity to Detail out Disparagement

SpicyIP

[This post has been authored by SpicyIP Intern Tanvi Agarwal. Her previous post can be accessed here. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] Image from here. With the growth of competitive businesses around the world, industries are indulging in practices to promote their own goods to make it more attractive for consumers.

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Creator Spotlight with Author Tad Crawford

Copyright Alliance

This week we’d like to introduce you to author Tad Crawford. To find out more about Tad and to order any of the books discussed in this blog post, visit […] The post Creator Spotlight with Author Tad Crawford appeared first on Copyright Alliance.

Blogging 104
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Building purpose-led businesses: An interview with Ingrid Johnson

McKinsey Operations

For Ingrid Johnson, president of Sun Life Asia, helping clients achieve financial security starts with building businesses under a common purpose.

Business 116
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AuthWallet sues financial transaction industry for patent infringement

JD Supra Law

AuthWallet brought suit against Amarillo National Bank, Cullen/Frost Bankers, Inc., Fiserv, Inc. in the Western District of Texas on February 22, 2023. AuthWallet has also sued Omni Hotels Management Corporation, Hotels.com and Small Luxury Hotels of the World Management, Inc. in other Texas Federal Courts in 2022. Earlier, AuthWallet sued credit card processors for infringing different patents on similar technology.

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Why urgency is critical for injunctive relief in Greece

IAM Magazine

Under the Greek Patent Law, European patent applicants can enjoy provisional protection against potential infringers, so long as they successfully carry out certain formalities and can justify that their request is sufficiently urgent.

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Patent on Controlling Access to Drug Delisted from Orange Book

JD Supra Law

On February 24, 2023, in Jazz Pharms., Inc., v. Avadel CNS Pharms., LLC, the U.S. Court of Appeals for the Federal Circuit affirmed the United States District Court for the District of Delaware’s grant of an injunction directing Jazz Pharmaceuticals, Inc. (“Jazz”) to delist U.S. Patent 8,731,963 (“the ’963 patent”) from the Orange Book.

Patent 98
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Renaissance Hotel Holdings Inc. vs. B. Vijay Sai and Ors.

IP and Legal Filings

Introduction The Respondents were sued by the Appellant, the owner and holder of the trademark “RENAISSANCE,” seeking a permanent injunction against the use of the allegedly infringing trademark “SAI RENAISSANCE” and any other marks that are confusingly similar to the Respondents’ mark, “RENAISSANCE.” The Appellant learned that the Respondents were operating two hotels in Bangalore and Puttaparthi, noting that they had imitated their design, signage, and

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Lebron is a Security, Giannis, and Luka, and Kyrie too?

JD Supra Law

In February 2021, an NFT for a 13-second video of a Lebron James dunking a basketball sold for $208,000. Because past and present wilt before Lebron’s greatness; because he contains multitudes. Also because Lebron is a security?

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Three Recent TTAB Inter Partes Decisions, Briefly Noted.

The TTABlog

Here are three recent TTAB rulings in three inter partes proceedings: a Section 2(d) case, a Section 2(e)(1) mere descriptiveness case, and a Section 2(f) case. I present only the bottom line outcome in each, inviting you, dear reader, to explore the further if you are so inclined. Wood-Mizer, LLC v. Norwood Industries Inc. , Cancellation No. 92067329 (March 2, 2023) [not precedential] (Opinion by Judge Thomas W.

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Regents of the University of Minnesota v. Gilead Sciences, Inc. (Fed. Cir. 2023)

JD Supra Law

The Supreme Court's (re)consideration of the enablement requirement expected in its decision later this year in Amgen v. Sanofi may be the most closely watched patent case since AMP v. Myriad Genetics. But in a decision handed down on Monday, Regents of the University of Minnesota v. Gilead Sciences, Inc., the Federal Circuit reminded us that the principles and considerations that form the basis for the Federal Circuit's recent enablement jurisprudence originated in that Court's analysis of the

Patent 98
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2022 Economic Census is Underway. Have you responded?

U.S. Department of Commerce

2022 Economic Census is Underway. Have you responded? March 8, 2023 KCPullen@doc.gov Wed, 03/08/2023 - 10:03 Post by Robert Santos The March 15, 2023 deadline to respond to the 2022 Economic Census is fast approaching! Have you responded yet? Let me tell you why it’s important to do so. The economic census is, by far, the most comprehensive measure of our U.S. economy.

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Takeaways from the Hermès Litigation over MetaBirkins NFTs

JD Supra Law

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners.

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ITC Votes To Ban Peloton Imports, In Dish Win

IP Law 360

The U.S. International Trade Commission voted Wednesday to advance a ban on imports of workout devices manufactured by Peloton and other companies, following accusations that their products rip off streaming technology developed by Dish Network subsidiary Sling TV.

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Your New AI Coworker: How Working with AI Raises New Patent and Copyright Challenges

JD Supra Law

The machines aren’t coming for your job — they’re here to help. But when humans work with artificial intelligence (“AI”) assistance, who owns the final product? If a person uses an AI tool to invent, is that person the inventor? If a person uses an AI tool to write a new book, is that person the author?

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3 Reasons Why Reframing Can Create Juror Backlash

IP Law 360

Though reframing jurors' existing negative perceptions of your client or product can be an important trial tool, this strategy can also backfire if it fails to consider how people may react to overt persuasion attempts or perceived deception, say Nick Polavin and Jill Leibold at IMS Consulting.

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Our Progress Towards Pay Equity To Date  

Nelligan Law

Reading Time: 2 minutes Introduction International Women’s Day (“IWD”) celebrates the social, economic, cultural and political achievements of women worldwide. This year’s IWD takes place today, March 8, 2023, with the theme #EmbraceEquity , which focuses on how equity must be at the forefront of discussions on inclusion and diversity, rather than focusing on equality alone.

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Researcher Slams Copyright Office's 'Absurd' Args Over AI Art

IP Law 360

An artificial intelligence researcher on Wednesday urged a D.C. federal judge not to toss his challenge of the U.S. Copyright Office's rejection of his application for a computer-generated image, saying copyright law does not limit protection to human authors.

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From bench to bedside: Transforming R&D labs through automation

McKinsey Operations

Laboratory technology has been a steady runner in the world of pharmaceuticals, rather than a racing star—until now. A series of innovations points toward exponential gains in R&D productivity.

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Fla. NIL Law May Cue State Publicity Right Deregulation Trend

IP Law 360

A new Florida name, image and likeness law that significantly reduces prohibitions on colleges, athletic departments and coaches from participating in endorsement deals is a sign of a possible trend of state deregulation of student-athletes' publicity rights — and an attractive development for businesses, says Drew Dorner at Duane Morris.

Law 75
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‘Bottled it’: Aldi light-up gin bottle design infringes Marks & Spencer’s UK registered design

JD Supra Law

On 31 January 2023, the IPEC held that Aldi had infringed M&S’s registered design for gin bottles. The court was not swayed by Aldi’s argument that a number of the features of the bottle, such as the light in the base of the bottle, were solely dictated by technical function and so should be disregarded, finding instead that these technical and economic constraints were consequences of aesthetic choices.

Designs 52
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TikTok Wanted To 'Hitch' Wagon To Stitch Editing, Jury Told

IP Law 360

An attorney for Stitch Editing told a California federal jury during closing arguments on Wednesday that the trademark infringement trial evidence showed TikTok named its video editing tool "Stitch" because it wanted to "hitch their wagon" to his client's valuable name, while a TikTok lawyer said the word is generic.

Editing 73
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SAVE THE DATE – 16th Annual USPTO Design Day Announced for May 4, 2023

JD Supra Law

Save the Date to Attend the 16th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

Designs 52
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Benton Heir Says He Was Kept In Dark On Streisand Sale

IP Law 360

A descendant of artist Thomas Hart Benton said Wednesday in a trial against UMB over its trusteeship of Benton's estate that when the Missouri bank made plans to show numerous artworks to Barbra Streisand for possible purchase, he was neither asked for consent nor kept informed.

Artwork 72