Wed.Mar 29, 2023

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The Birth, Death and Legacy of Alan Smithee

Plagiarism Today

The name Alan Smithee is one of the most infamous in Hollywood and, for a man who doesn't exist, he has a long and storied history. The post The Birth, Death and Legacy of Alan Smithee appeared first on Plagiarism Today.

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How Do You Pronounce a Trademark?

Erik K Pelton

While there is no correct way to pronounce a trademark according to USPTO guidelines, sound and possible pronunciations are important considerations to make when developing a brand. Erik explains more in this podcast. The post How Do You Pronounce a Trademark? appeared first on Erik M Pelton & Associates, PLLC. While there is no correct way to pronounce a trademark according to USPTO guidelines, sound and possible pronunciations are important considerations to make when developing a brand.

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3 Count: Dead Doll

Plagiarism Today

Judge sides with photog in case against Deadly Doll, Mediaset signs anti-piracy partnership with Meta and Art Basel targets NFT knockoffs. The post 3 Count: Dead Doll appeared first on Plagiarism Today.

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Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing

IP Watchdog

The International Trade Commission (ITC) conducted an all-day hearing today featuring a range of stakeholders with interests in the World Trade Organization’s (WTO) pending decision on extending what has come to be known as the TRIPS [Agreement on Trade-Related Aspects of Intellectual Property Rights] waiver from strictly COVID-19 vaccine technologies to COVID-19 related therapeutics and diagnostics.

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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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Taking fear out of innovation

McKinsey Operations

The risk and ambiguity inherent in innovation can make employees shy away from it. Creating an innovation culture where risk-taking is embraced must start at the top.

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Meta’s Anti-Piracy Deal: How Facebook & Broadcasters Kill Live Pirate Streams

TorrentFreak

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Social media platforms like Facebook are admittedly quick and easy, but such positives are quickly overwhelmed by extraordinary privacy issues, not to mention centralized control. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

More Trending

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Private equity turns to resiliency strategies for software investments

McKinsey Operations

As CIOs report shifts in software spending, investors may want to refocus their efforts on growing opportunities in cybersecurity, data and analytics, and automation.

Reporting 106
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China Shuts Down Major Manga Piracy Site Following Complaint From Japan

TorrentFreak

Rightsholders and anti-piracy groups in Japan are committing considerable resources to their fight against online piracy. While no targets are off limits, site owners who operate inside Japan present fewer challenges than those based overseas. A new report from anti-piracy group CODA indicates that with persistence and smart tactics, solutions can be found in difficult overseas regions.

Reporting 100
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Scalping consumers

Likelihood of Confusion

Private-label branding is a huge topic, and a very interesting one. I wrote a huge post about it here, focusing on Hellman’s (or, for you westerners, Best Foods) mayonnaise lookalikes. The post Scalping consumers appeared first on LIKELIHOOD OF CONFUSION™.

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The Importance of Data for AI

Velocity of Content

Thomas Kuhn, an American physicist and self-described “practicing historian of science”, has emphasized the critical role of “paradigms” in The Structure of Scientific Revolutions, a seminal work devoted to the history of science. In his work, paradigms are characterized by “universally recognized scientific achievements that for a time provide model problems and solutions to a community of practitioners.

Art 98
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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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U.S. Copyright Office Cancels Registration for AI-Generated Art, Issues AI-Related Registration Guidance

JD Supra Law

The United States Copyright Office, like other government agencies and private-sector entities, is reckoning with the implications of artificial intelligence. In February, the Office canceled an artist’s copyright registration for a comic book after it discovered that the images in the work had been created using artificial intelligence.

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Now Released: 2022 Best Places to Work in The Federal Government

U.S. Department of Commerce

Now Released: 2022 Best Places to Work in The Federal Government March 29, 2023 DJohnson3@doc.gov Wed, 03/29/2023 - 15:35 Department of Commerce Ranked 4 th in Best Places to Work Amongst Large Agencies The Partnership for Public Service and Boston Consulting Group joined the Washington Post to release the 2022 Best Places to Work in the Federal Government rankings: Top 10 edition.

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Never too Late: If you missed the IPKat last week!

The IPKat

If you missed last week's posts, it's not too late to catch up. Copyright Chijioke Okorie reported that Nigeria amended its Copyright Act to ratify outstanding copyright treaties. The Copyright Act 2022 is aimed inter alia at protecting the rights of authors and providing appropriate limitations and exceptions to guarantee access to creative works. An attentive Kat Trade marks and GIs Anastasiia Kyrylenko reviewed a recent decision issued by the Italian Supreme Court.

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The Dongle Budget: What Prioritizing a Common Cell Phone Charging Port Says About Canadian Digital Policy

Michael Geist

Deputy Prime Minister and Finance Minister Chrystia Freeland released the government’s 2023 budget yesterday with a raft of new spending initiatives and subsidies for “clean tech” to match developments in the United States. Budgets have become policy mapping documents where the government identifies its priorities for the coming year, often accompanied by plans to incorporate them into the Budget Implementation Act, where they are virtually guaranteed to pass with limited Parliamentary overview

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The Supreme Court grapples with patent enablement

JD Supra Law

The Supreme Court heard oral arguments in Amgen v. Sanofi yesterday in an extended session with arguments from the parties and the U.S. government. The Justices showed a great deal of interest, albeit with some difficulty, in making sure that they properly understood the complexity of the genus at issue.

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TTABlog Test: Is EVERWILD For Distilled Spirits Confusable With EVERCLEAR for Alcoholic Beverages?

The TTABlog

Luxco, Inc. opposed applications to register EVERWILD (in standard form) and EVERWILD SPIRITS & design , both for "distilled spirits," claiming likely confusion with its registered mark EVERCLEAR for alcoholic beverages except beer. The Board found the involved goods to be legally identical, but what about the marks? How do you think This came out?

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Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?

IP Tech Blog

The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. The complaint alleges that the so-called Fintiv factors – initially set forth in two opinions designated by the former Director as precedential and recently clarified by Director memo and decisions – were improperly issued because they were not pr

Patent 57
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[Audio] Is Your Life Sciences Patent Enabled? The U.S. Supreme Court Is Considering That Question

JD Supra Law

The U.S. Supreme Court is considering whether an Amgen patent is invalid for not meeting the enablement requirements of Section 112(a). It claims antibodies by functional antigen binding and does not disclose the full range of antibody sequences. Three Procopio IP Partners--experts in patent prosecution and patent litigation--discuss the background of the case, in particular how the High Court’s decision may impact the ability to obtain certain life science, chemical and pharma patents and how.

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ITC Confronts Divergent Views On Expanding COVID IP Deal

IP Law 360

The U.S. International Trade Commission heard starkly different opinions Wednesday on a proposal to let developing countries override patents on COVID-19 treatments and tests, with drugmakers warning the move would chill innovation and health advocates saying it's needed to ensure equitable access to pandemic-fighting measures.

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Moving from a Non-Compete Mindset to Protecting Company Trade Secrets

JD Supra Law

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit new and require the rescission of all non-compete agreements as an “unfair method of competition.” The proposed rule defines a non-compete agreement as “a contractual term between an employer and employee that typically blocks the employee from working for a competing employer, or starting a competing business, within a certain geographic area and period of time after resignation or termination.”.

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SG Sides With Teva In High Court Skinny Label Patent Case

IP Law 360

The U.S. solicitor general said Wednesday that the U.S. Supreme Court should grant Teva's request for review of a Federal Circuit decision on so-called skinny labels for pharmaceuticals, saying the appellate court's finding threatens the availability of lower-cost generic drugs.

Patent 52
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The Future of Copyright Protections of AI-Generated Art

Intellectual Property Brief

Interest in AI-generated art has increased in the past few months and this exposure has built a market that has raised concerns of the US Copyright Office and corporations to further test and determine the copyrightability of AI-generated art. The United States (“U.S.”) copyright system allows individuals, and corporations, to receive copyright protections for; original.

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Apple Can't Kill Battery Patent Under Alice, Judge Says

IP Law 360

A California federal judge has rebuffed Apple's bid to wipe out a battery patent asserted against it in infringement litigation over its widely used smartphones and tablets, snuffing out the iPhone maker's claims that the technology is uninventive.

Patent 52
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5 Key Takeaways - 2023 Trademark Seminar: Anatomy of a Rebrand

JD Supra Law

This panel will examine the process of a corporate rebrand, and walk through some of the trials, tribulations, and triumphs you can expect with a rebrand. With the following key considerations, you’ll be equipped to support your business in its next rebrand initiative. Please see full article below for more information.

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Saul Ewing Adds IP Counsel From Gallet Dreyer In NY

IP Law 360

Saul Ewing LLP has expanded its intellectual property practice in New York with an attorney who focuses on representing athletes, artists and other creative clients, the firm announced Tuesday.

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[Event] 18th Annual Paragraph IV Disputes - April 19th - 20th, New York, NY

JD Supra Law

Hosted by ACI, 18th Annual Paragraph IV Disputes Conference returns to New York City for another exciting year with curated programming that not only addresses the hot topics, but also puts them within the context of pre-suit considerations, case filings, final adjudication, and every step in between.

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Shirt Doesn't Mimic Rolling Stones Lip Logo, Apparel Co. Says

IP Law 360

A North Carolina apparel company known for its printed T-shirts is suing to protect one of its designs after the merchandisers behind Universal Music Group accused it of ripping off the Rolling Stones logo, defending the lips and tongue on its shirts as distinct from the iconic image associated with the rock band.

Music 52
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The USPTO’s Transition to Electronic Patent Grants

JD Supra Law

In its ongoing efforts to modernize patent examination practices, the United States Patent and Trademark Office (USPTO) has announced it will transition to electronic patent grants (eGrants) and discontinue mailing traditional paper copies of a letters patent.

Patent 52
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CLE: CIPLIT Faculty Lecture Series:  Amgen v. Sanofi

LexBlog IP

On Thursday, March 30, 2023 from 12:00 p.m. to 1:00 p.m. the Intellectual Property Law Association of Chicago (“IPLAC”) and DePaul University’s Center for Intellectual Property Law & Information Technology (CIPLIT®) will host a lecture series on the Amgen v. Sanofi case. Join Professor Joshua Sarnoff (DePaul University College of Law), John M.

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The Blooming Field of IP at the New England Cannabis Convention in Boston

JD Supra Law

Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring this industry on par with other advanced industries that rely on IP to protect innovation and provide commercial advantage.” [link] After attending the New England Cannabis Convention.

IP 52
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Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?

LexBlog IP

The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. The complaint alleges that the so-called Fintiv factors – initially set forth in two opinions designated by the former Director as precedential and recently clarified by Director memo and decisions – were improperly issued because they

Patent 52
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What’s AI Got to Do with Fashion?

JD Supra Law

With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game. Less than six months since ChatGPT hit the scene, it’s obvious generative AI is here to stay and is already upending how business is done.

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The Blooming Field of IP at the New England Cannabis Convention in Boston

LexBlog IP

This post was originally published on Seyfarth’s The Blunt Truth blog. Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring this industry on par with other advanced industries that rely on IP to protect innovation and provide commercial advantage.” After attending the New England Cannabis Convention (“NEC

IP 52
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The Supreme Court Hears Arguments About the Enablement Standard in Amgen v. Sanofi

JD Supra Law

The Supreme Court heard arguments this week in Amgen v. Sanofi, the closely-watched case involving the enablement standard for patent claims, particularly as applied to functionally-defined genus claims. The question raised by Amgen’s petition is whether the Federal Circuit’s long-standing articulation of the enablement requirement – that the specification must enable those skilled in the art….

Art 52
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CLE: CIPLIT Faculty Lecture Series:  Amgen v. Sanofi

Chicago IP

On Thursday, March 30, 2023 from 12:00 p.m. to 1:00 p.m. the Intellectual Property Law Association of Chicago (“IPLAC”) and DePaul University’s Center for Intellectual Property Law & Information Technology (CIPLIT®) will host a lecture series on the Amgen v. Sanofi case. Join Professor Joshua Sarnoff (DePaul University College of Law), John M. Augustyn (Leydig, Voit & Mayer, Ltd.) and Eric J.