Wed.Aug 03, 2022

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The Challenge of Determining Podcast Plagiarism

Plagiarism Today

On July 26, journalist and author Jonathan M. Katz took to Twitter to call out the Chilluminati Podcast for allegedly plagiarizing from his book, Gangsters of Capitalism. Hey @ChilluminatiPod : any particular reason you've chosen to straight up plagiarize my book, GANGSTERS OF CAPITALISM, instead of telling your $12K/month worth of Patreons or your various ad buyers up front where you got your content from?

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Beyoncé brings all the samples to the yard and they're like.it's been licenced

The IPKat

Beyoncé has received backlash on her latest album “Renaissance,” which has resulted in the removal of a sample from her song “Energy” – but not for legal reasons. Headlines such as “Beyoncé Has Removed A "Milkshake" Sample From Her Song "Energy" After Kelis Called It Theft” and “…for allegedly failing to seek permission for usage” suggest that Beyoncé used the sample without the rights clearance, but this is not the case.

Music 143
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3 Count: Last-Minute Settlement

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Major Record Labels and ISP Settle Piracy Lawsuit One Day Before Trial. First off today, Ernesto Van der Sar at Torrentfreak writes that the former internet service provider Bright House has reached a last-minute settlement with a group of major record labels, averting an imminent trial.

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Twitch Falsely Flags Project Zomboid’s In-Game Siren as Copyright Infringement

TorrentFreak

Over the years, Twitch streamers have been increasingly targeted by DMCA takedowns , which can cause quite a fuss. Many of these copyright complaints are legitimate, meaning that streamers use copyrighted content without permission. However, there are plenty of mistakes too. This week, a group of popular Spanish-speaking streamers organized a gaming event featuring “ Project Zomboid “ This is a big deal for the indie game but, unfortunately, it was partly ruined by what appears to be

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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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Lawyer Sanctioned for Failing to Play Call of Duty

JD Supra Law

Since at least 1984’s The Last Starfighter, videogame players have dreamed that the time they spent playing games would be rewarded. Recently, a federal judge supplied the inverse, sanctioning a lawyer for failing to play enough Call of Duty.

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Five ways that life science companies can build tech talent

McKinsey Operations

For life science companies to meet their digital ambitions, they must strengthen their technology skills. In a challenging market, emphasizing value propositions can attract first-rate talent.

Marketing 122

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Government Of Canada Introduces Bill C-26 That Proposes To Enact The Critical Cyber Systems Protection Act

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 29, 2022. On June 14, 2022, the Government of Canada introduced Bill C-26 , An Act Respecting Cyber Security , which would enact the Critical Cyber Systems Protection Act (the CCSPA) to establish a regulatory cyber security framework and improve baseline security for vital public systems and services.

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Tillis’ Promised Patent Eligibility Bill Would Overrule Myriad, Mayo

IP Watchdog

Today, Senator Thom Tillis (R-NC), the Ranking Member of the Senate IP Subcommittee, released the first draft of the Patent Eligibility Restoration Act of 2022, which if enacted would, at a minimum, overrule the Supreme Court’s decisions in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107 (2013) and Mayo Collaborative Services v.

Patent 115
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[Audio] JONES DAY TALKS®: Buckeyes Win: Ohio State Secures Trademark for “THE”

JD Supra Law

The U.S. Patent and Trademark Office has awarded The Ohio State University a trademark for the word “THE,” for use in connection with apparel sold in "channels customary to the field of sports and collegiate athletics". Jones Day partner Meredith Wilkes explains, how the University was able to obtain a registration, and the important lessons the action holds for companies and institutions seeking brand protection.

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Tillis’s 101 reform bill wins plaudits despite flaws

IAM Magazine

The Patent Eligibility Restoration Act of 2022 effectively overturns Supreme Court precedent and provides greater clarity on eligibility but some believe it may require further work

Patent 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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Supreme Court Won’t Fix the Patentability Mess It Created A Decade Ago

JD Supra Law

In 2019 the Federal Circuit reached the extraordinary conclusion, in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, that a patent for a method of making a drive shaft was invalid because it was directed to a natural law. This year, the Supreme Court had an opportunity to correct the Federal Circuit by granting American Axle’s petition for review of this decision.

Patent 98
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Can I Publish Interior Photo of Museum Without Permission?

Dear Rich IP Blog

Interior Entrance to the Department of Interior Dear Rich: Do we need any kind of release to use a photo of an interior entrance in a new and very famous museum for use in a print-only format. The topic of our publication is the museum. The authors found the image on the web. I can’t find any caption with credit / © language. on the web. Getting permission from the photographer would eliminate any risk resulting from your publication.

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Mayor and City Council of Baltimore v. AbbVie Inc. (7th Cir. 2022)

JD Supra Law

A little over two years ago, U.S. District Court Judge Manish Shah sitting in the Northern District of Illinois held that AbbVie did not violate Sections 1 or 2 of the Sherman Antitrust Act by amassing a large number (132) of patents to protect its best-selling drug, Humira® (adalimumab) (see "An Analysis of a Failed Biosimilar Antitrust Class Action").

Patent 98
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Three big moves that can decide a financial institution’s future in the cloud

McKinsey Operations

There’s big value potential in the cloud, but financial institutions with a piecemeal migration strategy may be missing out on capturing its full value.

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U.S. Patent and Trademark Office seeks stakeholder input on Patent Trial and Appeal Board decision-making procedures

JD Supra Law

The U.S. Patent and Trademark Office's interim procedures for reviewing decisions of the Patent Trial and Appeal Board are receiving increased scrutiny. On July 20, 2022, the PTO issued a notice announcing notice-and-comment rulemaking and requesting public comments on several recently implemented interim review procedures.

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A Cautious Welcome: Patent Community Chimes in on Tillis’ Eligibility Bill

IP Watchdog

This morning, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022, S.4734, which would amend the U.S. Patent Act to clarify the application of 35 U.S.C. Section 101 to certain technologies. While the bill was welcomed by many in the intellectual property (IP) community, since it would abrogate or weaken many of the seminal decisions that have arguably caused confusion on eligibility over the last decade-plus, some have called the bill out as being far from perfec

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Rules of the road: Equitably serving Black automotive consumers

McKinsey Operations

Black consumers’ automotive spending is projected to grow, and companies have opportunities to create more equitable experiences.

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Can a Professional Services Firm Limit its Liability by Contract? A Look at Texas, New Mexico, and Oklahoma Law

JD Supra Law

Freeman Law is privileged and proud to serve as outside counsel to various engineering, architectural, and other professional services firms. This segment of Freeman Law focus spans from protecting trade secrets in public information request proceedings to human resource and employment law counsel to strategic review and counsel regarding service agreements of all shapes and sizes.

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Mapping the way: Decarbonizing roads

McKinsey Operations

Road developers and operators have a unique position in the transport industry and can enable significant change around lowering emissions.

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Intern Spotlight Series: Aamer Uddin

U.S. Department of Commerce

Intern Spotlight Series: Aamer Uddin. August 3, 2022. ASowah@doc.gov. Wed, 08/03/2022 - 15:05. Aamer Uddin is an intern at the Office of Public Engagement, Office of the Secretary. In this intern spotlight, he shares about his experience working as a summer intern for the Department of Commerce. This is part four of the seven-part series. Can you share a little bit about yourself and why you chose the U.S.

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DHL on sustainable, customer-centric delivery in the last mile

McKinsey Operations

Deutsche Post DHL’s head of sustainability for German Post and Parcel discusses how the logistics industry can work to decarbonize road transportation and meet consumer expectations.

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A Court Calls Out Congress & the DOJ for Not Clarifying the ADA’s Application to Online Retailers–Martinez v. Cot’n Wash

Technology & Marketing Law Blog

This lawsuit involves the online retailer dropps.com (apparently it sells cleaning products). Martinez claims that the website isn’t ADA compliant. Martinez sued for an Unruh Act violation, predicated on an ADA violation. The court rejects the claim because a “place of public accommodation” does not cover “retail websites without any connection to a physical space.” This is a published opinion, so it sets CA law until it’s superseded.

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Disrupting transport: An interview with Robert Falck of Einride

McKinsey Operations

Einride’s founder and CEO discusses how autonomous technology and digital infrastructure can decarbonize the difficult-to-abate freight industry.

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How The Metaverse Will Affect Business And Legal Processes

IP Law 360

It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq.

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Insights into the 2022 individual health insurance market

McKinsey Operations

In this report, McKinsey’s Center for US Health System Reform shares its analysis of the individual health insurance market and outlines trends in products, plans, and prices from 2014 to 2022.

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Alsup Grants Google Partial Win In Sonos Audio Patent Row

IP Law 360

A Texas federal judge has cleared Google of infringing one claim in a Sonos wireless audio system patent while also declaring the patent invalid, handing the tech giant a win in the latest installment of the companies' sprawling legal fight.

Patent 75
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Introduction: August 2022

McKinsey Operations

Sustainable infrastructure investments in freight transport are growing—and new innovations and markets are paving the road to the future.

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CBD Co. Must Pay Clint Eastwood $2M After TM Suit Loss

IP Law 360

A California federal court Wednesday ordered a Los Angeles CBD company to pay film star Clint Eastwood more than $2 million and forbade it from manipulating web search results and misappropriating Eastwood's name to make users think the actor was endorsing its products.

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News from the Global Infrastructure Initiative: August 2022

McKinsey Operations

Welcome to the August 2022 edition of Voices on Infrastructure, which focuses on technology and sustainability in freight transport.

Editing 84
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YouTube Hit With TM Suit Over Video 'Shorts'

IP Law 360

A U.K.-based film distributor has told a London court that YouTube's short-form video platform mimics the branding of its own ShortsTV service, ramping up an existing trademark dispute.

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Managing capital risk in the race to net zero

McKinsey Operations

How the Great Reallocation of energy and infrastructure investments is driving new strategies for managing uncertainty and risk.

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NBA Case Shows Sports Trade Secret Claims Rarely Win

IP Law 360

NBA star Zion Williamson's recent summary judgment win against his former marketing agency presents a cautionary tale for companies — general concepts publicly discussed or commonly used by other athletes are unlikely to be considered trade secrets as a matter of law, say attorneys at McGuireWoods.

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Unlocking hydrogen’s power for long-haul freight transport

McKinsey Operations

As the demand for hydrogen in transportation increases, it is imperative to develop infrastructure to supply trucks, buses, and cars.

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UK Music Co. Can't Escape Lil Yachty's TM Suit Over NFTs

IP Law 360

A California federal judge on Wednesday declined to toss Lil Yachty's trademark infringement suit against a U.K.-based music company for allegedly using the rapper's name without authorization to raise over $6.5 million in venture capital funds for a line of non-fungible tokens.

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No Fees for Failure to Show “Bad Faith” in Prosecution of Trade Secrets Claim

Trading Secrets

In June 2022, a federal judge sitting in the Southern District of New York issued an order denying defendants Lionbridge Technologies, Inc. (“Lionbridge”) and its parent company HIG Middle Market, LLC (“HIG”) attorneys’ fees and costs related to their assertion that plaintiff Transperfect Global, LLC (“Transperfect”) brought a misappropriation of trade secrets claim under the Defend Trade Secrets Act (“DTSA”) in bad faith.