Wed.Jun 01, 2022

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Google Answers Question About Plagiarized Content, Kind Of

Plagiarism Today

Earlier this week, search engine optimization (SEO) expert Muhammad Awais took to Twitter to ask Google’s John Mueller a seemingly simple question: Is there any specific percentage of plagiarism that is acceptable in content? Mueller’s response was, to put it mildly, curt and direct. Acceptable by whom? Why not aim for none? — johnmu.xml (personal) (@JohnMu) May 30, 2022.

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CRTC Chair Ian Scott Confirms It Yet Again: Bill C-11 Includes Regulatory Power On User Content

Michael Geist

The Online Streaming Act hearings at the Canadian Heritage committee continued yesterday with testimony from several notable witnesses, including CRTC Chair Ian Scott. Scott had appeared before the committee several weeks earlier, confirming that Bill C-11 contains a provision that captures user content regulation, acknowledging that “as constructed, there is a provision that would allow us to do it as required.” That statement would not ordinarily be controversial since the inclusio

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3 Count: Spinrilla Right Round

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Majors and Spinrilla Set Out Jury Selection Questions as Copyright Dispute Proceeds. First off today, Chris Cooke at Complete Music Update reports that jury selection has begun in the impending trial of the mixtape sharing service Spinrilla and the major record labels.

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The Spirit of Lehman Brothers

Patently-O

by Dennis Crouch. Tiger Lily Ventures Ltd v. Barclays Capital Inc. ( Fed. Cir. 2022 ). LEHMAN BROTHERS has a bad name for triggering the US economic collapse in the mid 2000s. But, as they say ‘any publicity is good publicity.’. Barclays purchases a number of Lehman Brothers businesses and accompanying goodwill back in 2008 as part of the bankruptcy proceedings.

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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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Supreme Court Restores Injunction Against Texas HB 20!–NetChoice v. Paxton

Technology & Marketing Law Blog

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. The vote was 5-4, with Barrett, Breyer, Kavanaugh, Roberts, and Sotomayor voting to reinstate the injunction, and Alito, Gorsuch, Kagan, and Thomas voting to drop the injunction. Justice Alito wrote a dissent joined by Gorsuch and Thomas but not Kagan.

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Mega Reports Surge in Copyright Takedown Requests

TorrentFreak

A year after Megaupload was shut down, Kim Dotcom launched a brand new file-hosting service called Mega. In the years that followed the New Zealand-based entrepreneur cut his ties with the company but Mega continued to expand. The platform, which has a strong privacy focus, is now the go-to file storage platform for millions of people. Most of these users store perfectly legitimate files on Mega but like many other services of its kind, it’s being abused by pirates as well. 1,187,646 Taked

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Patent Suits Drop 33% from 2013; 2021 Damages Awards are More Than $1 Billion less than 2012

IP Close Up

Despite the high economic relevance of innovation and explosive invention growth reflected in the number of patents issued annually by the United States Patent and Trademark Continue reading.

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Forward Thinking on measuring the value of the digital age with Avinash Collis

McKinsey Operations

Born in India and now a professor in Texas, Avinash Collis talks about his work on creating a data dashboard that will enable us to measure the true value of the digital age.

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Decentralized Domains: Metaverse Land Grab

JD Supra Law

As the metaverse continues to become a more established marketplace, and consumers become more familiar with non-fungible tokens (NFTs), NFT marketplaces, decentralized domains, bitcoin, crypto wallets and the blockchain, it is no surprise that intellectual property (IP) owners are starting to see an increase in unauthorized uses of their trademarks and copyrights.

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TTABlog Test: Are Drinking Game Equipment and Sports Balls Related for Section 2(d) Purposes?

The TTABlog

The USPTO refused registration of the mark BREWSKI (in standard characters) for "Equipment sold as a unit for playing drinking games comprised of an apparatus for holding multiple cups," finding confusion likely with the registered mark BREWSKI BROTHERS for "sports balls" [BROTHERS disclaimed]. On appeal, applicant maintained that the marks engender different commercial impressions because BROTHERS is the dominant term in the cited mark, and further that the goods are significantly dissimilar, s

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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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Recent Privacy Regulations Concerning Automated Decision-Making Systems: Implications on AI Commercialization

IPilogue

Luna Li is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. Prior to the Covid-19 pandemic, academic discussions indicated that artificial intelligence (AI) would signify the fourth industrial revolution with tangible economic benefits and potential privacy concerns. With remote work becoming the new norm , there is a growing reliance on digital technologies that lack sufficient transparency and legal oversight.

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Intense Legal Battle Over Moderna COVID-19 Vaccine Heats Up

JD Supra Law

Patent Infringement Case- The pharmaceutical company Moderna finds itself in an intense a legal battle regarding its popular Covid vaccine. Plaintiffs Arbutus Biopharma and Genevant Sciences are attempting to hold Moderna accountable for patent infringement.

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Moving the needle on burnout: What does the data say?

McKinsey Operations

The interactive illustrates the opportunity for employers to address key workplace factors (toxic workplace behavior, inclusivity, supportive growth environment, and sustainable work) and the potential impact on key outcomes (work engagement, job satisfaction, burnout symptoms, and intent to leave).

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Delta-8 THC Offers a Path to Trademark Protection

JD Supra Law

A recent federal appeals court decision has shed light on the legal status of delta-8 tetrahydrocannabinol (“delta-8 THC”) and its implications for cannabis brand owners. The United States Court of Appeals for the Ninth Circuit held that delta-8 THC falls squarely within the definition of “hemp” under the 2018 Farm Act, and is therefore lawful, despite its psychoactive properties.

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Human capital at work: The value of experience

McKinsey Operations

Human capital represents two-thirds of wealth for the average individual—and work experience contributes almost half of that value.

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Supreme Court of Canada denies leave to appeal refusal of NHP licence for BOLUOKE

JD Supra Law

On May 12, 2022, the Supreme Court of Canada dismissed an application by Canada RNA Biochemical (C-RNA) for leave to appeal (Docket No. 39994) a decision of the Federal Court of Appeal relating to the refusal of a Natural Health Product (NHP) licence for C-RNA’s oral lumbrokinase capsules (BOLUOKE).

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Renewed calls for Legislative Changes to Support Military Victims of Sexual Assault, Harassment and Discrimination

Nelligan Law

Reading Time: < 1 minute “Women should no longer feel like guests in the Canadian Armed Forces” states former Supreme Court Justice Louise Arbour in her report released May 30, 2022 which provides 48 recommendations to address what she describes as a “deeply deficient culture” within the Canadian military. The third report to be written on this issue in seven years concludes a year of work during a period when many senior Canadian military officers have been investigated for sexual misconduc

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Nourishing equity: Meeting Black consumers’ needs in food

McKinsey Operations

Retailers and restaurants have an opportunity to give Black consumers equitable access to the foods they want.

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CAFC Upholds Barclays’ Claim to LEHMAN BROTHERS Marks

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential trademark decision upholding a Trademark Trial and Appeal Board (TTAB) ruling that sustained two oppositions filed by Barclays Capital Inc. against Tiger Lily Ventures’ applications for registration of the standard character mark “LEHMAN BROTHERS.” The court also affirmed the dismissal of Tiger Lily’s opposition to Barclays’ application for registration of the LEHMAN BROTHERS mark and dismissed Barclays’ cross-a

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Governors-elect have transition teams. What about their cabinets?

McKinsey Operations

Unlike newly elected governors, top appointees and officials typically start their jobs without the backing of a transition team. Still, with a strategic approach, they can hit the ground running.

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Interim USPTO Process Moves the Needle on Transparency – But Predictability May Suffer Without Further Guidance

IP Watchdog

In a blog post on May 24, just over a month after being sworn in, Director Kathi Vidal stated that one of her priorities is to “accelerate change and communications by adopting interim processes and procedures while [the USPTO] work[s] to finalize.” A mere two days later, the U.S. Patent and Trademark Office (USPTO) issued one such interim process for Patent Trial and Appeal Board (PTAB) decision circulation and internal PTAB review.

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Reflections on 20 years of McKinsey on Finance—and three challenges ahead

McKinsey Operations

Revolutionary innovations, brilliant ideas, and climate imperatives will change everything—except the fundamentals of finance and economics.

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Fed. Circ. Says No To 'Lehman Brothers' TM On Whiskey

IP Law 360

Barclays successfully blocked a small liquor company from lampooning the Lehman Brothers name on whiskey bottles Wednesday, with a precedential opinion from the Federal Circuit that the trademarks had not been abandoned after the firm's collapse in 2008.

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Taiwanese legislature passes amendments to manage CMOs

IAM Magazine

Revisions to the Copyright Collective Management Organisation Act aim to introduce greater transparency in managing CMOs, while also striving to improve their licensing efficiency with users.

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US polyethylene price evolution and what to expect

McKinsey Operations

Prices for petrochemicals in the United States have increased significantly, even beyond what fundamentals would dictate.

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Why joining NATO could boost intellectual property in the Swedish and Finnish defence industries

IAM Magazine

Neither Sweden nor Finland are currently members of NATO, but joining and subsequently entering the agreement to safeguard the secrecy of inventions related to defence would give domestic defence companies access to new markets.

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PTAB Adjusts Internal Review Process

LexBlog IP

New Internal Committee Structure to Appease Critics. Last week the PTAB announced a change to its internal handling of decisions. That is, while previously PTAB management reviewed certain decisions to ensure consistent treatment of relatively uncommon issues, that duty is now being passed to rank-and-file PTAB judges. Why would anyone care about this (other than me), and why the change?

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China’s market watchdog releases 2022 Legislative Plan

IAM Magazine

The legislative projects covered in the Plan are categorised either as Category I or Category II. It is essential that Category I projects are submitted for compliance checks and internal scrutiny by the deadline to prevent them being demoted to Category II.

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Update: New Russian Decree Restricts Ability of Foreign Rightsholders to Collect License Payments

JD Supra Law

Russian President Vladimir Putin signed Decree No. 322 “On Temporary Regime For Performance of Obligations Towards Certain Rightsholders” on May 27, prohibiting Russian residents from making license payments to foreign bank accounts of rightsholders residing in “unfriendly states” or otherwise supporting sanctions against Russia.

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Who is leading the 5G patent race?

IAM Magazine

Licensing of 5G SEPs promises to become a highly lucrative market, making the 5G patent race more competitive than ever before – although the latest 5G patent data shows that the question of who is currently winning it remains unclear.

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Wine Labels Battle Over Wine Descriptions

JD Supra Law

On April 1, 2020, Napa Valley’s JaM Cellars (JaM) filed a complaint against The Wine Group (Group), the producer of the well-known boxed wine Franzia, in the U.S. District Court for the Northern District of California. According to the complaint, JaM is suing the Group for trademark infringement and unfair competition.

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Fried Frank IP Litigation Leader Joins Kelley Drye In DC

IP Law 360

The former head of Fried Frank Harris Shriver & Jacobson LLP's intellectual property litigation group will join Kelley Drye & Warren LLP in Washington, D.C., the firm announced Wednesday.

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Latest Federal Court Cases - May 2022 #4

JD Supra Law

Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir. May 27, 2022) In a return to the Federal Circuit, this case again sets precedent concerning Patent Office Director review of Patent Trial and Appeal Board (PTAB) decisions.

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How to Choose a US National Phase Firm: PCT to US National Stage Entry

Patent Trademark Blog

What should PCT applicants look for in a US national phase firm? When it comes to entering the US national phase, PCT applicants have a lot of options. Should you go with a big firm or small firm? Can a boutique IP firm handle US patent filings for a large client? How can you tell if a US national phase firm has experience with issues specific to PCT and national stages?

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Contemporary Issues in Indigenous Intellectual Property

Chicago IP

On Friday, June 3, 2022 from 12:00 p.m. to 1:00 p.m. CT, the Diversity, Equity, and Inclusion Committee of the Intellectual Property Law Association of Chicago (IPLAC) will hold a panel discussion on Contemporary Issues in Indigenous Intellectual Property. The program will cover the use of trademarks by Indigenous nations for economic development, the protection of cultural heritage via copyrights, and the ongoing efforts to protect genetic and traditional knowledge in the pharmaceutical industr