Thu.May 19, 2022

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TikTok Announces New Video Citation Tools

Plagiarism Today

Yesterday, TikTok announced that it has launched new tools that it says will help creators better attribute original creators , including a tool that enables users to tag creators in the video’s caption, rather than just in the comments or description. . The idea is simple. TikTok users, when uploading a video, can tap the “Videos” button to give credit to another video on the site.

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Court: Foreign Torrent Site Operator Can Be Sued in the US

TorrentFreak

In 2019, the makers of the superhero film “Hellboy” (HB Productions) filed a lawsuit against torrent site MKVCage at a Hawaii federal court. The movie company accused the site and its operator of promoting and distributing pirated copies of the movie, demanding to put an end to the activity. The lawsuit had an almost immediate effect as MKVCage became unreachable soon after the case went public.

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Trending Sources

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3 Count: Hey Mickey!

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: How Toni Basil Got the Rights to ‘Mickey’ Back. First off today, Pamela Chelin at Variety reports that the 9th Circuit Court of Appeals has granted a significant victory so singer Toni Basil, granting her sole copyright in her 1981 debut album, which included the hit song Mickey.

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Quantum computing just might save the planet

McKinsey Operations

Exponentially more powerful machines could make possible major reductions in emissions, putting the goal of limiting global warming within reach.

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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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CRTC Chair Confirms Bill C-11 Captures User Content, Will Take Years to Implement

Michael Geist

CRTC Chair Ian Scott appeared before the Standing Committee on Canadian Heritage yesterday and Bill C-11 proved to be a popular topic of discussion. The exchanges got testy at times as Scott seemingly stepped outside of his role as an independent regulatory by regularly defending government legislation, even veering into commenting on newspapers, which clearly falls outside the CRTC’s jurisdiction.

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Justin Bieber’s 10,000 hours next song to be sued for copyright infringement

IPilogue

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. Justin Bieber and Dan + Shay are next in a line of artists to face allegations of copyright infringement — after Ed Sheeran and Dua Lipa. A group of plaintiffs sued the musicians in the United States District Court in California over their 2019 release “ 10,000 Hours ,” alleging that they “ stole the core portion ” of the 1973 song “ The First Time Baby is a Holiday ” (“ First Time

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CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded three decisions of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) that had found Google failed to prove the relevant claims of IPA Technologies, Inc.’s patents to be unpatentable. The CAFC found that the PTAB “failed to resolve fundamental testimonial conflicts in concluding that the relied-upon reference was not prior art.

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The net-zero transition in the wake of the war in Ukraine: A detour, a derailment, or a different path?

McKinsey Operations

The invasion of Ukraine will, at least initially, complicate the transition path to a net-zero economy, but this tragic development could still prove to be a turning point in accelerating progress in the medium run.

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Patent Filings Roundup: Petitions on Key Dupe Patents Denied Under Fintiv; Taxidermy Patent Filings Stuffed

IP Watchdog

It was a slow week at the Patent Trial and Appeal Board (PTAB) and a fast one in the district court, with 82 new patent complaints and 85 terminations, but just 18 patent filings at the PTAB. Those few filings were mostly a battery company challenging Maxell patents, a few bigger NPE cases, and Apple and Samsung filing against assertor Smart Mobile Technologies from the middle of last year.

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My SCOTUS Amicus Brief on Texas HB20’s Unconstitutional Transparency Requirements

Technology & Marketing Law Blog

Last week, the Fifth Circuit Court of Appeals dissolved the existing injunction against Texas HB 20, the so-called social media censorship law, in a one-sentence order. The entire order says: “IT IS ORDERED that appellant’s opposed motion to stay preliminary injunction pending appeal is GRANTED.” This order shocked the world for several reasons.

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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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How economic-development organizations can seize funding opportunities

McKinsey Operations

By harnessing funds from the American Rescue Plan Act, economic-development organizations have an opportunity to effect significant change in their communities—if they can organize themselves first.

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[Guest Post] The African Group’s Proposal on a Work Program on Limitations and Exceptions Moves Forward in WIPO’s Committee on Copyright

The IPKat

Last month, Katfriends Desmond Oriakhogba and Dick Kawooya provided a highlight of the key portions of the Work Program on Limitations and Exceptions (L&Es) proposed by the Africa Group to WIPO's Standing Committee on Copyright and Related Rights (WIPO-SCCR). The 42nd session of the WIPO SCCR was held from 9 to 13 May 2022. Desmond and Dick were in attendance as part of the delegation of the Electronic Information for Libraries (EIFL).

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CFO perspectives on leading agile change

McKinsey Operations

CFOs across industries and regions came together virtually to discuss the impact and the challenge of leading an agile transformation journey.

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Trademark Bully or Meritorious Plaintiff? Taco John’s vs. Taco Chon

JD Supra Law

A trademark infringement lawsuit filed in Minnesota by Taco John’s against Minnesota Mexican restaurant Taco Chon Mexican Grill is heating up in federal court and the court of public opinion. Taco John’s is a large restaurant franchise founded in the late 1960s, with more than 300 locations centered in the mid-western United States.

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Procurement, early warning systems, and the next disruption

McKinsey Operations

A pandemic, inflation, and geopolitical conflict are affecting global supply chains. We offer an approach companies can use to avoid product shortages and mitigate the effects of price volatility.

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IP+T Intelligence Newsletter - Q2 2022

JD Supra Law

Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and cybersecurity grab the headlines, U.S. courts have increasingly forced companies to disclose valuable inside information even when no case is pending.

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These IP Boutique Firms Are Dominating PTAB Work

IP Law 360

Three intellectual property boutiques picked up the most work at the Patent Trial and Appeal Board over the last three years, with attorneys from the firms saying their patent-specific focus makes them a go-to for PTAB matters over general practice firms.

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Dr Thaler seeks special leave to appeal to the High Court from the Full Federal Court of Australia decision which held that an Artificial Intelligence machine cannot be named an inventor on a patent application

JD Supra Law

Background - Dr Stephen Thaler applied for a patent application with his AI device, known as DABUS or the Device for Autonomous Bootstrapping of Unified Sentience. DABUS was recorded as an inventor. Dr Thaler submitted that the invention was autonomously generated by the AI.

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The Dangers of a Poorly Written Defensive Publication

IP.com

Publishing defensively is a strong IP strategy that offers unique benefits when compared to patents. However, in order to fully realize the potential strengths of defensive publications, you must treat. The post The Dangers of a Poorly Written Defensive Publication appeared first on IP.com - IP Innovation and Analytics.

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How CCC and Aries Collaborate to Streamline and Improve OA Workflows for Authors

Velocity of Content

The transition to Open Access (OA) business models and subsequent funding mandates have introduced many challenges for publishers, including an additional level of complexity to their publishing workflows. One significant outcome of these new mandates was the need for publishers to manage various article processing charges (APCs), which lead to the development of Copyright Clearance Center’s (CCC) to develop RightsLink for Scientific Communications (RLSC).

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Guest Book Review: Intellectual Property Risk Management

The IPKat

This review of Intellectual Property Risk Management by Donal O’Connell is kindly provided by Professor Ruth Soetendorp. Ruth is an IP Educator. She is Professor Emerita and Associate Director of the Centre for Intellectual Property Policy & Management at Bournemouth University. She currently teaches intellectual property management at Bayes Business School, City University of London, and is the first Visiting IP Professor at University of the Arts London.

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Judge Explains Refusal To Dismiss 'MetaBirkins' NFT Suit

IP Law 360

A New York federal judge has expanded on why he won't dismiss Hermes' trademark fight with the designer of the "MetaBirkins" nonfungible token series, saying that a Second Circuit test for balancing free speech and trademark rights applies to the case.

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citing Green Guides, court finds "sustainable" fish claim plausibly misleading

43(B)log

Rawson v. ALDI, Inc., 2022 WL 1556395, No. 21-cv-2811 (N.D. Ill. May 17, 2022) Rawson alleged that at least once a month for the last four years, she bought Atlantic Salmon products from ALDI with the label: “Simple. Sustainable. Seafood.” She alleged that, instead, “ALDI sources its salmon from large industrial fish farms that use environmentally destructive and unsustainable practices,” details of which I omit.

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New Ariz. Cyberattack Info Sharing May Be Worth The Burden

IP Law 360

A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

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Asian American and Native Hawaiian/Pacific Islander Heritage Month: NOAA Scientist and NIST Mathematician Lead Efforts in Ecology, Data Encryption

U.S. Department of Commerce

Asian American and Native Hawaiian/Pacific Islander Heritage Month: NOAA Scientist and NIST Mathematician Lead Efforts in Ecology, Data Encryption. May 19, 2022. KCPullen@doc.gov. Thu, 05/19/2022 - 14:19. Environmental data. Asian Americans, Native Hawaiians, and Pacific Islanders contribute thousands of years of cultural heritage and tradition to the United States and advance the nation in all areas, including science, technology, engineering, and mathematics.

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The short and sorry history of online content moderation – NJSBA CLE panel presentation

Likelihood of Confusion

I told you I was doing this here. And it was loads of fun! The post The short and sorry history of online content moderation – NJSBA CLE panel presentation appeared first on LIKELIHOOD OF CONFUSION™.

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NetChoice v. Paxton: Briefs are in.

Patently-O

NetChoice, LLC v. Ken Paxton, Attorney General of Texas , 21A720 (Supreme Court 2022). I previously wrote about the Texas Social Media Censorship Law known as HB20. A portion of the case is pending before the Supreme Court on an emergency motion to vacate the 5th Circuit’s recent decision allowing the law to come into force even as it is being challenged.

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Choreographer Challenges Fortnite’s Use of His Copyrighted Dance Moves

The IP Law Blog

A recent case filed by famous choreographer Kyle Hanagami is set to test the boundaries of copyright law in video games and on social media. Mr. Hanagami is a popular choreographer with a large YouTube presence. He won the 2020 iHeart Music Award for Favorite Music Video Choreography for BlackPink’s “Kill This Love” and holds the title for YouTube’s most viewed choreography video of all time.

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Déjà vu Decision on Likelihood of Confusion

JD Supra Law

The US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a trademark suit that was essentially identical to a previous lawsuit that was dismissed based on a finding of lack of confusion. Springboards to Education, Inc. v. Pharr San Juan Alamo Independent School District, Case No. 21-40336 (5th Cir. May 10, 2022) (Willett, Engelhardt, Wilson, JJ.).

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Master the Remote Creative Job Interview

Art Law Journal

Technology has radically transformed how and where we work — along with the creative job interview process. Once an opportunity to meet in person, your creative job interview is likely to be virtual these days, whether or not the job is WFH. In some ways, remote interviews are not too different from in-person ones: the company wants to see if you’re a good fit for the role — and you want to see if the company is a good fit for you.

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Choreographer Challenges Fortnite’s Use of His Copyrighted Dance Moves

JD Supra Law

A recent case filed by famous choreographer Kyle Hanagami is set to test the boundaries of copyright law in video games and on social media. Mr. Hanagami is a popular choreographer with a large YouTube presence. He won the 2020 iHeart Music Award for Favorite Music Video Choreography for BlackPink’s “Kill This Love” and holds the title for YouTube’s most viewed choreography video of all time.

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OM Weekly Digest 19/05/22

Olartemoure Blog

19/05/22 – IP&T. Until June 3, companies, organizations in the productive sector, unions and business associations from any region of the country, individually or in groups that have identified a sophistication and/or technological development project, may participate in the SENAInnova call: Productivity for companies. SENAInnova is a program created by SENA and Colombia Productiva with available resources of up to 18,000 million COP to co-finance between 45 and 90 projects.

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May 2022 Public Commission Meeting – Meet Commissioner Bedoya, Plus Blasts from the Past, Endorsements and an FTC Legend

LexBlog IP

In February 2020, the Federal Trade Commission (FTC) announced that it was going to reexamine the Endorsements and Testimonial Guides (Guides) and sought comment on whether and how the Guides should be changed, including addressing issues involving reviews, affiliate links, children’s perceptions and changes in technology. Two very long years later, the FTC has proposed some real changes to the Guides , which will be subject to another round of comment.

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The Halo Effect Won’t Cure Lack of Final Judgment

JD Supra Law

The US Court of Appeals for the Federal Circuit dismissed the appeal of a disappointed movant seeking prejudgment interest and a new damages trial after concluding that the district court did not enter an appealable final order despite closing the case nearly three years before the appeal was filed. Halo Electronics, Inc. v. Bel Fuse Inc., Case No. 2021-1861 (Fed.

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Viatris and Biocon Biologics Launch Bevacizumab Biosimilar ABEVMY in Canada

LexBlog IP

On May 19, 2022, Viatris Inc. and Biocon Biologics Ltd. announced that ABEVMY, a bevacizumab biosimilar, is now available in Canada. According to the press release, Viatris and Biocon Biologics co-developed ABEVMY, which references Roche’s AVASTIN (bevacizumab), a recombinant humanized monoclonal antibody that selectively binds to human vascular endothelial growth factor (VEGF) and neutralizes its biologic activity.