Mon.Jun 06, 2022

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3 Count: Christmas in June

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Mariah Carey Sued Over Copyright on Mega-Hit “All I Want for Christmas Is You” First off today, Helen Ray at CBS News reports that Mariah Carey is being sued for $20 million over her hit holiday song All I want for Christmas is You. The lawsuit was filed by musician Andy Stone, known artistically as Vince Vance and the Valiants, accusing Carey of infringing a song he wrote of the same name before hers

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The importance of purpose: An interview with Acha Leke

McKinsey Operations

A senior partner in McKinsey’s Johannesburg office and chairman of the firm’s Africa region shares his views on purpose, untraditional paths, and why people must be not only good mentors but also good protégés.

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Trending Sources

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Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration

IP Watchdog

On June 2, Dr. Stephen Thaler filed a complaint in the U.S. District Court in Washington, D.C. naming as defendants both the United States Copyright Office (USCO) and Shira Perlmutter, in her official capacity as Register of Copyrights and Director of the USCO. The complaint marks the start of a new phase of Thaler’s attempts at obtaining a copyright registration for “A Recent Entrance to Paradise,” an AI-generated work that is the output of Thaler’s AI system known as Creativity Machine.

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Yout.com Operator Rejects Deal Offered By Brazil’s Criminal Prosecutor

TorrentFreak

Over the past few years, stream-ripping service Yout.com has fought legal battles on several continents. The most prominent lawsuit was filed by the site’s operator, American developer Johnathan Nader, who took the RIAA to court in an attempt to have the site declared legal. Criminal Prosecution. The RIAA case is still pending but, in the meantime, Yout has other battles to attend to.

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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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“In victory, you deserve champagne”: PDO “Champagne” wins against “Champanillo”

The IPKat

When does a third-party sign unlawfully evoke the denomination “Champagne” ? The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). The court found that “Champanillo” is an evocation of “Champagne” and thus an infringement under the EU law on geographical indications (GIs).

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How virtual work is accelerating innovation

McKinsey Operations

The age of assuming that innovation requires physical proximity is over. Innovators are embracing a new model.

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More Trending

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The Privacy Commissioner Of Canada Releases Interpretation Bulletin On Sensitive Personal Information

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on June 1, 2022. On May 16, 2022, the Office of the Privacy Commissioner of Canada (the OPC) released an Interpretation Bulletin on sensitive information (the Bulletin), which summarizes general principles from judicial decisions and the OPC’s findings to date to guide organizations in meeting their compliance requirements under th

Privacy 105
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IP.com Releases IQ Ideas Plus™ Version 2.0

IP.com

IP.com proudly announces its most recent update to IQ Ideas Plus™, our idea capture and assessment software designed to facilitate inventor problem-solving while shortening time to market. IQ Ideas Plus. The post IP.com Releases IQ Ideas Plus™ Version 2.0 appeared first on IP.com - IP Innovation and Analytics.

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Ubisoft’s ‘FOR HONOR’ loses trade mark battle before EU General Court

The IPKat

Enter the world of online gaming and you will most likely discover games such as Ubisoft’s Assassin’s Creed , Watch Dogs , and Far Cry. When I played Ubisoft’s For Honor in 2017, I chopped, smashed, and stabbed more medieval bodies than I could ever image, but little did I know that its relevance would resurface again in 2022, although this time in a courtroom.

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The Law Bytes Podcast, Episode 129: Farhan Mohamed and Jeff Elgie on Why Canadian Independent News Publishers Want the Government to Fix the Online News Act

Michael Geist

In the two months since the Online News Act was introduced it has received limited coverage and sparked little debate. Last week, Bill C-18 began to attract attention as over 125 small and medium sized Canadian publishers began to sound the alarm , calling on the government to fix the bill by addressing concerns around fairness and transparency. Farhan Mohamed of Overstory Media andFarhan Mohamed of Overstory Media Jeff Elgie of Village Media are two of Canada’s most successful and innovative lo

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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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Startup funding in logistics: Focused investment in a growing industry

McKinsey Operations

Funding for logistics startups almost doubled in 2021—here’s where investors are focusing.

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Healthy Oceans Matter: Join NOAA in Celebrating National Ocean Month

U.S. Department of Commerce

Healthy Oceans Matter: Join NOAA in Celebrating National Ocean Month. June 6, 2022. KCPullen@doc.gov. Mon, 06/06/2022 - 11:36. Fisheries and aquaculture. The ocean connects us all. From the air we breathe to the food we eat; our magnificent ocean touches every aspect of our daily lives. Each year, the National Oceanic and Atmospheric Administration (NOAA) celebrates our shared ocean throughout the month of June.

Designs 90
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Building products in the digital age: It’s hard to ‘get smart’

McKinsey Operations

Opportunity or threat? Innovation is perceived as a double-edged sword in the building products sector, but the winners will be those who dare to take risks.

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Research: Businesses Whose R&D Generates Software Must Decide: Open-Source or Patent Protection

IP Close Up

With software representing as many as 63% of new U.S. inventions, businesses of all types are faced with the decision to protect their developments with Continue reading.

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CJEU Advocate General Recommends Clarifying What Constitutes Trademark ‘Use’ by Online Intermediaries

IP Watchdog

On June 2, the Court of Justice of the European Union issued a press release discussing the results of the Advocate General’s opinion on two actions filed by French footwear designer Christian Louboutin, one in Luxembourg and another in Belgium, against the Amazon group (Amazon) alleging trademark infringement. As detailed in the opinion, Amazon regularly advertises red-soled platform shoes which are for sale on its platform without the consent of Louboutin.

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CAFC Affirms TTAB' s LEHMAN BROTHERS Ruling of No Abandonment and Likelihood of Confusion

The TTABlog

The CAFC affirmed the TTAB's decision [ TTABlogged here ], sustaining an opposition to registration of the mark LEHMAN BROTHERS for beer, spirits, and bar and restaurant services, on the ground of likelihood of confusion with the identical mark used for various financial services. The appellate court upheld Appellee Barclays' likelihood of confusion claim and dismissed Appellant Tiger Lily's counterclaims challenging Barclays' application to register the mark for financial services on the ground

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CAFC Affirms California Court’s Claim Construction and Damages Calculation in Flash Drive Infringement Suit

IP Watchdog

On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the U.S. District Court for the Central District of California from an appeal by Kingston Technology Company LLC, in which the district court held that Kingston willfully infringed U.S. Patent No. 6,926,544 (‘544 patent) and awarded $7,515,327.40 in compensatory damages.

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Does My Business Get a Tax Break for Buying a Car?

Legal Zoom

If you purchase a vehicle for your business, it pays to understand the nuances of current tax law. How can you use Section 179 and bonus depreciation to maximize your tax deduction? Here's how to get a bigger tax break for buying a car.

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'Top Gun: Maverick' Flies Right Into IP Danger Zone, Suit Says

IP Law 360

Family members of the writer who wrote the story on which the hit 1986 movie "Top Gun" was based has filed a copyright lawsuit over its newly released sequel, "Top Gun: Maverick.

IP 75
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How Meta’s Patent Team Tackles Inventor Diversity

JD Supra Law

THE CHALLENGE: Traditionally, the idea of a Fortune 50 company engaging a big law partner would bring to mind white male professionals focused solely on bottom-line objectives. But recent movements advocating for change in the workplace have empowered passionate diversity, equity and inclusion leaders in both industries to change that image. In order to facilitate real progress, Meta and its outside legal team have come together with shared priorities to tackle historical barriers and.

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What Writer Wants Is High Court To Hear 'What Men Want' Suit

IP Law 360

A screenwriter who lost his case alleging that Paramount's hit rom-com "What Men Want" ripped off his unproduced script now wants the U.S. Supreme Court to take a look at the "dangerous recent trend" of quick dismissals of copyright cases that are affirmed by the Ninth Circuit.

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Crackdown on Gambling Ads Featuring Sports Stars: New Advertising Rules

IP Tech Blog

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. Under the current rules, gambling ads are prohibited only if they appeal ‘ particularly’ to under-18s, which CAP considers means if an ad is likely to appeal more to under-18s than to adults.

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Music Co. Wants Lil Yachty's TM Suit Over NFTs Tossed

IP Law 360

A U.K.-based music company is asking a California federal court to toss a trademark infringement suit alleging the business used rapper Lil Yachty's likeness and name without authorization to raise money for a line of nonfungible tokens, arguing it does not have sufficient connections to the Golden State for the court to have jurisdiction.

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Beyond the distribution center

McKinsey Operations

New fulfillment models are reinventing retail operations to keep up with customer demand.

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StockX Defends Authentication Process Amid Nike NFT Suit

IP Law 360

Sneaker resale marketplace StockX on Monday staunchly defended its authentication program after Nike accused the online platform of selling counterfeit sneakers, telling a New York federal judge the reasoning behind the retailer's latest claims are "suspicious at best.

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Recent Hot Topics and Developments in Trade Secrets Law

JD Supra Law

There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below.

Law 55
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How In-House Legal Leaders Can Drive Corporate Growth

IP Law 360

Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

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The Manner in Which the Invention was Made

Patently-O

by Dennis Crouch. T0day’s oral arguments in Thaler v. Vidal was not too exciting. Court focused on the terms “individual” that was added to the Patent Act during the AIA and likely determinatively ends the case: The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. 35 U.S.C. s100(f).

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Revealed: the law firms with the best records defending patents at the PTAB

IAM Magazine

Docket Navigator data shows Seattle-based Perkins Coie has racked up both the lowest institution rate and the lowest unpatentability rate in patentee-side IPR work since 2013.

Law 52
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June 6, 2022 Patent of the Day

LexBlog IP

June 6, 2022 Patent of the Day. June 6, 2022, is the 78th anniversary of the D-Day landing at Normandy. Among the thousands of people who contributed to its success was inventor Andrew Higgins. Higgins was a boat builder and his low draft boat hull design, patented in 1939, (U.S. Patent No. 2,144,111) was well suited for landing in shallows and on beaches without damaging the propeller.

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Violation of Etsy License Agreement Leads to Copyright Infringement Suit

Indiana Intellectual Property Law

Guilford, Indiana – Plaintiff Tara Mapes is a well-known photographer specializing in fashion and fine art photography. She also sells digital backgrounds for photographers through an Etsy store called Enchanted Eye Creations by Tara Mapes. The limitations on the license under which she sells the digital backgrounds on her Etsy store is listed in numerous locations.

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Russia Introduces Tools for Russian Persons to Continue Use of Foreign IP Rights without Consent from Rightsholder

JD Supra Law

Russia has recently taken measures to allow its companies to continue the use of foreign intellectual property rights without consent from the rightsholder. Payments for this use will now be made to a special “O” account opened in an authorized Russian bank instead of directly to the rightsholder.

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Rising Star: WilmerHale's Andrew Danford

IP Law 360

Andrew Danford of WilmerHale played a leading role in helping Apple Inc. get a $506 million infringement judgment against it thrown out on appeal, and helped Genentech prevail in high-profile biosimilar litigation and related Patent Trial and Appeal Board cases over its blockbuster breast cancer drug Herceptin, earning him a spot among the intellectual property practitioners under age 40 honored as Law360 Rising Stars.

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New BPCIA Complaint: Genentech Files Suit Against Tanvex Regarding its Proposed Herceptin Biosimilar

JD Supra Law

Genentech filed a complaint yesterday against Tanvex in the U.S. District Court for the Southern District of California, alleging infringement of three patents under the BPCIA based on Tanvex’s submission of an aBLA for TX05, a proposed biosimilar of HERCEPTIN (trastuzumab). Genentech asserts that Tanvex’s process for manufacturing TX05 infringes three patents: U.S.

Patent 52
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A World of Books

Velocity of Content

Book markets everywhere have much in common, from the challenges of online commerce to bestseller lists dominated by authors with internationally recognized brands. Of course, national differences remain despite globalization. As part of the recent US Book Show , I took a world tour of book publishing with journalists and analysts who cover developments in Africa, Asia, Europe, the Middle East, and South America.