Thu.Jul 21, 2022

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3 Count: Back in Black

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Lofi Girl Disappeared from YouTube and Reignited Debate Over Bogus Copyright Claims. First off today, Kai Mcnamee and Michael Levitt at NPR reports that the popular YouTube channel Lofi Girl was briefly taken offline due to what is being described as false copyright claims.

Music 243
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Long “Rhode” Ahead, Hailey Bieber

IPilogue

Ariel Goldberg is an incoming 1L JD candidate at Osgoode Hall Law School. While Hailey Bieber’s new skin care brand Rhode promises “ happy and hydrated skin, ” the brand itself has a blemish: an alleged trademark infringement. On June 21,2022, Rhode-NYC, LLC. (“Rhode-NYC”) filed a complaint in the U. S. District Court for the Southern District of New York against Hailey Bieber and her companies RHODEDEODATO CORP. and HRBEAUTY, LLC for trademark infringement.

Branding 119
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Trending Sources

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A Different Kind of Plagiarism Resolution

Plagiarism Today

Last week, a plagiarism scandal rocked the Guggenheim Bilbao and their Basque Artist Program. The original allegations were published by Hannah Swayze , a producer who worked on the short film Blue by artist dayday. According to the claims, the Spanish artist Gala Knörr used the film as inspiration for her painting entitled Young Cowboy Gazing. . Specifically, Swayze claimed that the opening shot of Blue was the clear inspiration for Knörr’s piece and that the similarities between the two were u

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One Month Snapshot: How the CCB is Working So Far

Copyright Alliance

It’s only been a little over a month since the new small copyright claims tribunal, the Copyright Claims Board (CCB), started taking claims. Claimants have been keeping the CCB busy […]. The post One Month Snapshot: How the CCB is Working So Far appeared first on Copyright Alliance.

Copyright 117
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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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Artificial Intelligence Enters Stem Cell Research

JD Supra Law

A major step forward in using Artificial Intelligence (AI) for scientific discovery in the field of stem cell research was recently reported, reflecting the continued growth of the technology and stressing the need for clarification on patents for AI-generated work.

Reporting 117
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YouTube Processed Nearly 1.5 Billion Content-ID Claims in 2021

TorrentFreak

To protect copyright holders, YouTube regularly removes, disables, or demonetizes videos that allegedly contain infringing content. For years, little was known about the scope of these copyright claims but that changed last December when the streaming platform published its first-ever transparency report. YouTube Copyright Transparency. The report covered the first six months of 2021 and YouTube recently released the second edition, which means that we now have access to the full-year statistics

Reporting 116

More Trending

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Author Talks: Lead like a girl

McKinsey Operations

Dalia Feldheim says managers and executives, regardless of gender, can combat widespread burnout by embracing conventionally feminine leadership traits.

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Amicus Filings in Biogen v. Mylan Urge SCOTUS to Eliminate Uncertainty in Drafting Patents to Satisfy Written Description Requirement

IP Watchdog

Last week, the U.S. Supreme Court received several amicus briefs filed in support of the petition for writ of certiorari filed in Biogen International GmbH v. Mylan Pharmaceuticals Inc. If cert is granted, this case will ask the nation’s highest court to clarify the written description requirement under 35 U.S.C. § 112. The appeal follows a contentious decision this March from the U.S.

Patent 105
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Electronic Gaming Podcast | Employment Issues - Barath Chari and Jason Storck

JD Supra Law

What’s the difference between an employee and an independent contractor? Does it matter that you hired an engineer for your game in another country? What’s a PIIA? Wilson Sonsini Partners Jason Storck and Barath Chari know the answers. With the pandemic causing the largest remote work experience the world has ever seen, Barath and Jason share their wealth of experience to provide the critical details to keeping a gaming company safe.

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Cannabis Co. Blocked From Selling 'Skittles' Edibles

IP Law 360

A California federal judge has signed off on a consent decree between the makers of Skittles and Starburst and the owner of a cannabis edibles company, with the deal stipulating that the cannabis company stop selling products that mimic the candies' logos, in addition to monetary penalties.

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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Protecting Your Insurance Brands in the Metaverse

JD Supra Law

Insurance has the potential to play a significant role in the metaverse, which is often defined as an immersive environment designed to be an extension or replica of the real world. For example, we can imagine scenarios where consumers seek insurance policies to protect some of the key aspects of these virtual worlds such as personal data, digital assets and digital property — such as Non-Fungible Tokens (NFTs).

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Is Your Organization Monitoring the Patent Landscape?

IP.com

A patent landscape is a bird’s-eye view of the publishing activity in a specific technology area. The landscape can be further refined with geographic boundaries as well. An analysis of. The post Is Your Organization Monitoring the Patent Landscape? appeared first on IP.com - IP Innovation and Analytics.

Patent 98
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Competition Bureau closes two investigations into pharmaceutical patent litigation settlements

JD Supra Law

On May 20, 2022, the Competition Bureau announced that it closed two investigations into pharmaceutical patent litigation settlement agreements as evidence gathered during the two investigations suggested the agreements did not contravene the Competition Act. The parties and drugs involved were not identified.

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Bridging the advancement gap: What frontline employees want—and what employers think they want

McKinsey Operations

Improving opportunities for low-wage hourly employees to advance their careers can raise US workforce skill levels and give a powerful boost to inclusion.

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Copyright-A Bane For The Students Or A Boon For Copyright Owners?

IP and Legal Filings

Education is a building block or a foundation on which a progressive society can be built. We as a human society are supposed to be achieving excellence and for that, we cannot just seek functional literacy, instead, we need good quality education that is affordable, accessible, equitable and available to all. This is the time when India is going through an upheaval of changes in our education system with the help of different policies of government as well as with the use of different technolog

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Advancing real-world evidence for pharmaceutical companies in Japan

McKinsey Operations

Pharma companies in Japan have an opportunity to obtain value from real-world evidence using advanced analytics and to better ensure patient outcomes.

97
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Hashtags And Trademark

IP and Legal Filings

Today’s world is growing so fast and we humans are becoming completely dependent upon the technology If you’ve spent any length of time on any social media site in the previous few years, you’ll recognise three facts. For starters, social media is become an essential marketing platform for the majority of firms. Second, social media platforms are always developing online marketing tools to assist firms in reaching out to present and future clients.

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Copyright & TM Cases To Watch In The Second Half Of 2022

IP Law 360

The U.S. Supreme Court is considering a fair use case over Andy Warhol's portraits of the music icon Prince, and federal courts are grappling with the first wave of lawsuits involving nonfungible tokens. Here are the top copyright and trademark cases to keep an eye on in the second half of 2022.

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Preliminary Injunction and Patent License Disputes

Patently-O

by Dennis Crouch. Symbiont Nutrition, LLC v. BJM Feed Ingredients, LLC , 1 CA-CV 21-0218 ( Ariz. App. 1st Div. May 19, 2022 ). Symbiont’s US Patent No. 9,446,094 covers a method of extruding corn into a resulting “hydrophilic, low-vitreous, gelatinous feedstuff” that is fed to dairy cattle. Apparently this process leads to increased digestion of the starch content.

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Five levers to optimize energy spent and risks for industrials

McKinsey Operations

Optimizing energy procurement and risk management in a volatile energy market is key to staying resilient.

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FTC Further Scrutinizes Use of Non-Competes in Merger Transactions

Trading Secrets

The Federal Trade Commission (FTC) recently set its sights squarely on non-compete agreements in merger transactions, making them ripe for further scrutiny. In a Consent Order issued June 14, 2022, the FTC ordered GPM Investments LLC and its parent company ARKO Corp. to roll back provisions it deemed “anticompetitive” in GPM’s May 2021 acquisition of 60 Express Stop retail fuel stations from Corrigan Oil Company.

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In sickness and in health: How health is perceived around the world

McKinsey Operations

A new McKinsey Health Institute survey examines the views of residents in 19 countries on their physical, mental, social, and spiritual health.

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9th Circ. Says Vietnamese Streamer Must Face IP Case In US

IP Law 360

The Ninth Circuit ruled Thursday for the second time in a decade that a lower court made the wrong call in deciding that a copyright case against a major Vietnamese music streamer does not belong in California federal court.

Music 75
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Industrial Design vs Product Design

Biswajit Sarkar Copyright Blog

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. They mainly focus on the appearance, functionality and manufacturability of an article. As a result of such work, customers receive attractive products that appeal to the eye, thus, elevating their experience and value.

Designs 69
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Reddit Moderator Wins Injunction In Crypto TM Dispute

IP Law 360

A New York federal judge has blocked two cryptocurrency sellers and a podcaster from using a name invoking the alleged creator of bitcoin that is similar to the title of a forum on Reddit.

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Meta v. Meta – Battle Over Name and Logo in Digital Space

JD Supra Law

The Complaint - Facebook’s corporate entity Meta Platforms has been sued for trademark infringement based on the corporate name “Meta” which it adopted in October 2021. Since 2010, MetaX LLC has developed experiential and immersive technologies using augmented, virtual, and extended reality for special events and promotional use. MetaX’s clients include Red Bull and Twitter, and its installations have been featured at Coachella and SXSW.

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Olympic Figure Skaters Settle Copyright Spat With Composers

IP Law 360

Figure skating pair Alexa Knierim and Brandon Frazier have agreed to settle a copyright suit over their use of a cover of "House of the Rising Sun," a folk song made popular by Bob Dylan and The Animals, according to a notice filed Thursday in California federal court.

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House IP Subcommittee Drills Down on GAO’s Preliminary Findings that PTAB Judges are Being Influenced by USPTO Leadership

IP Watchdog

The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet today held Part II in a series of hearings to consider reforms to the Patent Trial and Appeal Board (PTAB) 10 years after it was created by the America Invents Act (AIA). The hearing, titled “The Patent Trial and Appeal Board After 10 Years, Part II: Implications of Adjudicating in an Agency Setting,” coincided with the release of a preliminary report by the U.S.

IP 59
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Cannabis Co. Gets Win In Tobacco Rival's TM Suit

IP Law 360

An Arizona federal judge handed cannabis grower Central Coast Agriculture Inc. a win in a trademark suit filed by BBK Tobacco & Foods LLP over the use of CCA's "Raw Garden" brand, finding that the brand was not likely to be confused by consumers for BBK's own "RAW" brand.

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PTO Director’s Fintiv Guidance Gives Petitioners New Tools to Avoid Discretionary Denial

JD Supra Law

The Patent Trial and Appeal Board's 2020 Apple Inc. v. Fintiv Inc. decision established six factors that guide its discretionary denial of an inter partes review or post-grant review petition in view of a parallel court case. The Fintiv factors give significant weight to scheduling decisions of the trial court, including the proximity of the court's trial date, or Fintiv factor 2, and whether the court has granted a stay, or Fintiv factor 1.

Patent 59
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Meta Hit With Suit Over 'Exponential Infringement' In Reels

IP Law 360

Meta Platforms was hit with a lawsuit by a music label alleging that the social media giant has been encouraging users to "steal" the label's music when making videos on Facebook and Instagram.

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Tableware Designer Gets Heavenly Results on Its Pearly Plates

JD Supra Law

The US Court of Appeals for the Fifth Circuit reversed a district court decision, reversing the dismissal of a copyright claim based on lack of standing and finding ownership of the copyright in the claimant based on an assignment of that claim. The Fifth Circuit also found that the plaintiff had a protectible trade dress under the Lanham Act based on secondary meaning.

Designs 55
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Must Your Client Pay An Opponent's Expert For Prep Time?

IP Law 360

For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

Law 75
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A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use

JD Supra Law

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic works featuring the art of Pablo Picasso. The Court’s analysis ultimately resulted in a reversal of the district court’s ruling for the defendants against whom the French judgment was sought.

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Rapper 6ix9ine Hit With TM Suit Over Stage Name

IP Law 360

Rapper Tekashi69, now known as 6ix9ine, has been accused of infringing the trademark of another rap artist who says that he's been going by the name Six9 for years.