Thu.Dec 08, 2022

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3 Count: Radio Trio

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Trio Of Radio Groups Sued By GMR Challenge Copyright Infringement Claims. First off today, Inside Radio reports that a trio of radio organizations have hit back at a lawsuit filed by Global Music Rights, saying that the claims are an example of “shotgun pleading” and are bound by the statute of limitations.

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Can an Emoji Be Registered as a Trademark?

Erik K Pelton

The following is an edited transcript of my video “Can an Emoji Also Be a Trademark?” Here at EMP&A, we recently had a lot of fun developing and launching our own emoji icon. Be sure to check out the video at erikpelton.tv to see the emoji: a smiley face with glasses featuring two ® symbols instead of eyes. We thought this was a playful, creative icon to use in videos, on social media, and elsewhere: such in the footer of our website , in some of our posts on Twitter, Instagram

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Pirate IPTV Man Charged After Police Raid Caught Suspect Red Handed

TorrentFreak

After gaining serious momentum over the past seven years, the pirate IPTV phenomenon is now a major challenge for the entire audiovisual entertainment market. While at times unpredictable, pirate subscriptions are now viewed as a credible market alternative. When compared to packages offered by legal providers, they are more comprehensive and less restrictive.

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Collateral Estoppel between IPRs

Patently-O

by Dennis Crouch. Google v. Hammond Development , — F.4th — ( Fed. Cir. 2022 ). We have an important IPR collateral estoppel decision from the Federal Circuit. The basic outcome here is that issues litigated and decided in one IPR will be seen as fixed and finally decided as between the parties in future IPRs. For family member patents, the courts will ask if the first case answered the same patentability questions at issue as the second case.

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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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EU Adds Mega, FMovies and DDoS-Guard to “Piracy Watchlist”

TorrentFreak

Following the example of the United States, the EU began publishing its very own piracy watchlist a few years ago. The ‘Counterfeit and Piracy Watch List’ is compiled by the European Commission. As in the US, it relies on stakeholder groups to nominate several problematic sites and services for inclusion. The third iteration of the EU watchlist, published a few days ago, provides an overview of some of the most problematic sites and services.

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AI and Copyright: AI Policies Must Respect Creators and their Creativities

Copyright Alliance

The exponential development of Artificial Intelligence (AI) systems represents a profound achievement of the digital age that brings with it tremendous opportunities. In fact, many in the creative community are […]. The post AI and Copyright: AI Policies Must Respect Creators and their Creativities appeared first on Copyright Alliance.

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More Trending

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Study on Copyright and Scientific Publications: Encouraging Access and Re-use

Kluwer Copyright Blog

Image by Mediamodifier from Pixabay. In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. The study analyses the relationship between EU copyright law and access to and reuse of scientific publications, including open access, as well as potential legislative and institutional initiatives to address the limitations on access and re-us

Copyright 108
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Designing out of difficult times

McKinsey Operations

Design matters—and not just in good times. CEOs who embrace design can enhance strategy and better navigate this age of volatility.

Designs 127
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USPTO and US Copyright Office To Conduct a Joint Study on Intellectual Property Law and Policy Issues Related to NFTs

JD Supra Law

On November 23, 2022, the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to non-fungible tokens (NFTs).

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Ho, Ho, Ho and Fa-La-La-La-La: Christmas Patents

The IP Law Blog

A lot of people have gotten patents for things related to Christmas. Here are some of the most interesting ones I’ve found. There are a number of patents intended to help parents convince children that Santa has been there. One of these is U.S. patent no. 5,523,741 for a “Santa Claus Detector.” This patent covers a Christmas stocking that contains a light bulb or LED, a battery to power the light, and a hidden switch that turns on the light.

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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Brand Protection and Enforcement Considerations for Trademark Owners in the Metaverse

JD Supra Law

In Short - The Situation: The metaverse provides new commercial opportunities for businesses to reach consumers and creates new challenges for protecting and enforcing brands in a virtual environment.

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Big Cost, Smaller Benefit: Government Modelling Pegs Likely Bill C-18 Revenues at Less Than Half of Parliamentary Budget Officer Estimates

Michael Geist

Canadian Heritage Minister Pablo Rodriguez has touted Bill C-18, the Online News Act, as critical for Canada’s media sector, but government’s internal modelling suggests there will be limited benefits for most news outlets. Earlier this fall, the Parliamentary Budget Officer estimated that it would generate $329 million per year, with over 75% of that revenue going to broadcasters such as Bell, Rogers, and the CBC.

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Interchangeable Biosimilars: In a Battle of Safety vs. Cost, Where Does Sen. Lee Stand?

JD Supra Law

Henrik Ibsen's 1882 play, An Enemy of the People, engendered an aphorism having a longer lifetime than the play itself (except amongst the literati) which is unfortunate, because the play has some lessons about human nature that arise frequently, particularly in politics.

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Investing in Georgia today for the economy of tomorrow

McKinsey Operations

Georgia’s economy is thriving. Investments to resolve long-term structural challenges can help sustain jobs and opportunities for all Georgians and keep the economy resilient.

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Canada Extends Copyright Term to Comply With “New NAFTA”

The Illusion of More

As part of its commitment under the USMCA Trade Agreement, Canada has now extended its copyright term of protection from life-of-the-author plus fifty years to life-of -author plus seventy years, thereby harmonizing this aspect of its copyright law with the United States, the EU nations, the UK, and others. Canadian trade and IP expert Hugh […].

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Playing offense with green tech to achieve net-zero emissions

McKinsey Operations

Technology holds the key to unlocking decarbonization by identifying emission hot spots and pinpointing the areas of biggest impact.

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Patent Owner Scores Partial Win Against Google at CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision partially reversing and partially affirming a Patent Trial and Appeal Board (PTAB) decision that had found Google failed to prove certain claims of Hammond Development International’s U.S. Patent No. 10,270,816 unpatentable. Hammond’s patent covers “a communication system that allows a communication device to remotely execute one or more applications.”.

Patent 72
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Risk and resilience priorities, as told by chief risk officers

McKinsey Operations

Amid the storm of crises and disruptions, leading financial institutions are recognizing risk’s strategic and resilience-building role.

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NBA Star Luka Doncic Drops Bid To Erase Mom's TM

IP Law 360

Dallas Mavericks star Luka Doncic has ended the fight with his mother over her rights to a trademark bearing his name, according to a Thursday filing by the Trademark Trial and Appeal Board.

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The board’s role in building resilience

McKinsey Operations

Boards of directors can help executive teams build the foresight, response, and adaptation capabilities they need to manage future shocks.

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IP Forecast: Del. Judge To Keep Probing Patent Biz Ownership

IP Law 360

Delaware's top judge is set to hold another hearing next week in an investment company's fight against his controversial disclosure requirements, which could torpedo one of the firm's billion-dollar lawsuits against Intel. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Author Talks: How to connect inner self with outer success

McKinsey Operations

Columbia professor Hitendra Wadhwa shares how to nurture the one resource that never fails: your inner voice.

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Fed. Circ. Won't Shut Down Del. Judge's Patent Funding Probe

IP Law 360

The Federal Circuit refused Thursday to make a Delaware federal judge nix his probe into who is funding a patent owner's infringement litigation against Buzzfeed, Bloomberg and other media companies over content streaming technology, finding that a writ of mandamus is not the only pathway to protect confidential documents.

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TTAB Grants Petitions for Cancellation of Registrations for the Color Pink for Hip Joint Implants on the Ground of Functionality

The TTABlog

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. This blog post will make no similarly exhaustive attempt to summarize the decision, but instead will repeat the conclusions along with some of the reasoning.

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Broadcasters, Musicians Still Fighting Over Radio Rights

IP Law 360

Broadcasters are fighting a bill advanced this week in a U.S. House panel to expand copyright protections for songs to cover airtime on local radio stations, but proponents said the measure is needed to properly compensate musicians.

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ct orders injunctive relief against misleading rewording of geographical origin claim

43(B)log

Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP, 2022 WL 17477602, No. 16 C 03401 (N.D. Ill. Dec. 6, 2022) A jury found that BBK aka HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA) in its packaging and promotional activities for its tobacco rolling paper products. Republic sought a permanent injunction against various public statements; the court mostly granted its request.

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Pa. Cannabis Co. Didn't Pay For Plant Growth IP, Firm Says

IP Law 360

Maitri, a company that runs a Pittsburgh marijuana dispensary, swiped trade secrets from a biotech firm that specializes in plant propagation and withheld payment for laboratory consultation services before breaking their business deal, according to a new federal lawsuit.

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Talent in a changing market: What now?

McKinsey Operations

High turnover, shrinking pipelines, inflation—the talent market remains in flux. Here’s what you should be doing differently.

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Competition and consumer developments round-up 2022 for the consumer sector: A year of change with more to come

Herbert Smith Freehills

Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. New competition rules for supply chain agreements – More flexibility for distribution models and online sales restrictions relaxed. On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the

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How AI can assist in Asia’s net-zero transition

McKinsey Operations

AI is one of the key enabling technologies in addressing sustainability challenges in Asia, says Michael Zeller, head of AI Strategy and Solutions at Temasek.

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Inequitable Conduct Claim Can Progress Even After the Case Is Complete

LexBlog IP

In Parallax Grp. Int’l, LLC v. Incstores LLC , No. 8-16-cv-00929, 2022 U.S. Dist. LEXIS 157921 (C.D. Cal., August 16, 2022), the district court judge granted-in-part Parallax’s Motion to Dismiss All Claims and Counterclaims and for Entry of Final Judgment but denied the motion with respect to the inequitable conduct counterclaims, allowing that issue to go forward in the context of an anticipated fees motion.

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The Four Things that Companies Need to Know About Protecting Trade Secrets

JD Supra Law

Protecting trade secrets is critical for any company. Being proactive and consistent is the best way to keep your company’s secrets safe. Keeping Your Trade Secrets Secret - It is critical for new businesses (and established ones) to have their technical and business leadership and legal counsel identify trade secrets and develop a plan to protect them.

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Barnes & Thornburg Grows IP Team With Cantor Colburn Atty

IP Law 360

Barnes & Thornburg LLP has strengthened its intellectual property department with the addition of a former Cantor Colburn LLP partner and current president-elect of the Georgia Asian Pacific American Bar Association, the firm announced Wednesday.

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The Prevailing Winds of Public Interest: Tailoring Injunctive Relief in Patent Litigation Through Carve Outs

JD Supra Law

Grants of permanent injunctions in U.S. district court patent litigation remain uncommon since the landmark decision in eBay v. MercExchange. LexMachina’s 2021 Patent Litigation Report highlights that courts grant fewer than fifteen permanent injunctions annually in the U.S. One such injunction was recently granted in Siemens Gamesa Renewable Energy A/S, v.

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Airbnb or VRBO Account Deactivation or Termination: How to get Back on Airbnb or VRBO If You Are Kicked Off.

Traverse Legal Blog

Has your account on Airbnb or VRBO account been suspended, deactivated, or terminated? Well, look at this is happening more and more frequently. Airbnb Account Deactivation. My name is Enrico Schaefer, I’m an attorney representing hundreds of Airbnb hosts and property managers. Airbnb does retain the right to remove you from the platform if you breach the terms of service, the policies, or the standards.

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