Tue.Dec 06, 2022

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3 Count: Not-So Freeplay

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Freeplay Sues CNN Over Music Used in News Reports. First off today, Chris Cooke at Complete Music Update reports that the music production company Freeplay music has filed a lawsuit against CNN, alleging that the news organization used their music in news segments without a license.

Music 181
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World Cup 2022 Trademark Stories

Erik K Pelton

The FIFA World Cup tournament is one of the biggest athletic and global events in the world. With the tournament underway, Erik shares some insights about FIFA trademarks, along with the stars on the pitch – many of who have brands that are not fully protected. The post World Cup 2022 Trademark Stories appeared first on Erik M Pelton & Associates, PLLC.

Trademark 130
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Why Reddit Declined to Remove 173,280 Pieces of Content

Plagiarism Today

Reddit, like any other large site that hosts content uploaded by users, received a massive number of Digital Millennium Copyright Act (DMCA) notices. . In fact, according to their most recent transparency report , that includes some 176,959 notices covering some 738,010 pieces of content in just the first six months of 2022. According to Reddit, these notices resulted in some 564,730 pieces of content being removed, resulting in a “content actionability rate” of 76.5%.

Fair Use 174
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ACE Anti-Piracy Expansion in Europe is More Than Just Another New Member

TorrentFreak

From a standing start in 2017, the Alliance for Creativity and Entertainment is now the largest and most successful anti-piracy coalition on the planet. ACE now reports on developments every few days, but that barely scratches the surface. Official announcements represent just a fraction of its work and behind the scenes, an endless stream of sites, services, and related entities are shutting down under ACE pressure every week.

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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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Groups on Both Sides Slam USTR Support for Delaying IP Waiver Extension Pending ITC Investigation

IP Watchdog

The Office of the United States Trade Representative (USTR) this morning announced support for delaying the deadline to decide whether to extend a waiver of intellectual property rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to diagnostics and therapeutics. The USTR also said it has asked the United States International Trade Commission (USITC) “to launch an investigation into COVID-19 diagnostics and therapeutics and provide information on market dy

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Netflix and Disney Expand Australia’s Piracy Blocklist With Dozens of Domains

TorrentFreak

Pirate site blockades are the preferred anti-piracy tool for many copyright holders around the world. This is also the case in Australia, where blocking injunctions are commonplace today. Today, a group of prominent movie companies including Disney, Netflix, and Village Roadshow, obtained the latest blocking order in Australia’s Federal Court. 52 Pirate Sites, 92 Domain Names.

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Bracing for Impact: Meet Spot, Learn about the Launch of the CAIS and Awarding IP Excellence

IPilogue

Meena Alnajar is an IPilogue Senior Editor, IP Innovation Clinic Senior Fellow and 3L JD Candidate at Osgoode Hall Law School. Photo by Buda Photography. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The conference focussed on “The Future of AI for Society.” While AI is full of exciting possibilities, real-world application and integration are relatively nascent.

IP 106
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The future is now: Unlocking the promise of AI in industrials

McKinsey Operations

Five proven use cases show how artificial intelligence is creating value for advanced industrial companies.

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From Bad to Worse: Senate Committee Adds Age Verification Requirement for Online Undertakings to Bill C-11

Michael Geist

The Senate committee studying Bill C-11 has ramped up the hours devoted to clause-by-clause review with amendments related to user generated content currently up for debate. However, earlier today, just prior to addressing the user content issue, the committee shockingly adopted an amendment that adds age verification for online undertakings to the Broadcasting Act.

Privacy 104
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Do You Have the Rights? How to Maintain Investor Confidence When Using Third-party Intellectual Property

JD Supra Law

Imagine the following scenario: You, as the founder of a business, have spent the past three years building your company. You have been bootstrapping until now, but the company is at a crossroads and in order to grow the company to its full potential, you have decided to turn to venture capital to attract additional funding.

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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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5 Landmark Trademark Infringement Cases of 2022

Intepat

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement.

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If You Have to Explain Your Joke, It’s Not Funny

JD Supra Law

After his recent acquisition of Twitter, Elon Musk announced sweeping changes to the platform. Among them is his crusade to suspend accounts impersonating others unless the account “clearly” specifies the account is for parody.

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What is a house mark?

Patent Trademark Blog

What does house mark mean? Normally, a trademark is tied to a particular product or service. You don’t register a trademark in a vacuum without specifying the goods or services under the mark. A house mark is an exception to this general rule in that it identifies the provider of a wide variety of goods or services. In most cases, the goods or services are identified by a separate trademark.

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[Video] NFTs and Brands in the Metaverse

JD Supra Law

Metaverse, NFTs, and virtual reality are buzzwords that shed light on an exciting technological future, and the immense challenges right owners are facing in this new virtual world. How does the use of brands in the Metaverse relate to traditional brand protection strategies? In how many ways are copyrights created and affected in virtual reality? Can existing regulations be adapted to this new reality to create new legal provisions for the Metaverse in order to grant users and right owners.

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CCC to Host “Workflow of the Future” Virtual Event on Standards & Sustainability

Velocity of Content

CCC will host its next virtual “Workflow of the Future” event on Thursday, 8 December at 11:00 am EST focused on how standards can help organizations meet sustainability goals. Click here to register for the free webcast. Industry experts will discuss how standards help businesses prioritize the environment. They will also explore how standards development organizations (SDOs) are finding new ways to make it easier for engineers and researchers to access these authoritative materials while prote

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No More Bites at the Apple to Satisfy Section 101

JD Supra Law

Ginegar LLC sued Slack Technologies, Inc. for infringing its patents involving instant messaging systems. Judge William H. Orrick previously dismissed Ginegar’s claims for failure to satisfy Section 101 with leave to amend.

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Building digital platforms to enable advanced air mobility

McKinsey Operations

Advanced air mobility could revolutionize passenger transportation, and the digital platforms that support it must be equally innovative.

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PTAB Reverses Course and Finds Challenged Patent Claims Unpatentable in Light of Applicant Admitted Prior Art

JD Supra Law

The Patent Trial and Appeal Board granted a request for rehearing of a final written decision in which it had originally determined that the challenged were not unpatentable. On rehearing, the board found that petitioner’s reliance on applicant admitted prior art (AAPA) was proper because it was not the sole basis of any ground in the inter partes review proceeding.

Art 98
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[Guest post] Conference report: Design & Copyright Law – siblings or rivals?

The IPKat

A few weeks ago, the UNION-IP Designs Commission in association with the UNION-IP Netherlands national group – “Design & Copyright Law: siblings or rival?” held another roundtable session ( Thursday Thingies ), the topic of which related to the overlaps between copyright and design law (details of the event to be found here ). Katfriend Linnéa Hedström (Lind Edlund Kenamets Intellectual Property AB) was also there and has now prepared a report for The IPKat.

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PTAB/USPTO Update - December 2022

JD Supra Law

USPTO Leadership -.This month, Director Kathi Vidal delivered official remarks at the Women’s Entrepreneurship Symposium. USPTO News -.On November 16, the USPTO and the Department of Commerce launched the Women’s Entrepreneurship (WE) initiative, which aims to empower women founders in the United States.

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European machinery companies: Opportunities in recovery from crisis

McKinsey Operations

McKinsey benchmark data highlight challenges for European machinery companies. A response focused on supply chains and sustainability can help.

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It`s Not Only Patents: Planning and Implementing to Protect Innovation

JD Supra Law

For investors in innovation, it is a priority to count on legal mechanisms to secure some level of exclusivity in the exploitation of their innovations, to seek a return on their investment. The first legal alternative at hand is to get a patent for the innovation. However, patents are not the only mechanism to obtain legal protection; other instruments may provide effective legal protection, as long as the innovator plans and implement measures and proceedings, from an early stage, to secure.

Patent 84
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The McKinsey Crossword: A One and a Two and a One and a Two and a One | No. 105

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Copyright Legislation vis-a-vis the Music Industry : A Comparative Study of India and Indonesia

IP and Legal Filings

INTRODUCTION. Good artists borrow, Great artists steal ’ , however no matter how beautifully portrayed, might aptly land you a hefty copyright infringement suit in contemporary times. As society is modernizing, so are the trends of music leading to the evolution of the stance of legal rights revolving around music. The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musici

Music 80
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Author Talks: After founding Grubhub, Mike Evans is still hungry

McKinsey Operations

Grubhub cofounder Mike Evans shares how he started one of the largest food delivery companies in the world and advises budding entrepreneurs on finding success.

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The Van of Nerds in France—Research Laboratories

Christopher Roser

As part of our Van of Nerds tour through France, we also visited two research laboratories. While not shop floors, these are the places to experiment with new technologies. Campus Fab, Bondoufle The Campus Fab in Bondoufle near Paris is an innovative demonstration lab with lots of fancy technology to showcase Industry 4.0, including advanced. Read more.

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Start of Unified Patent Court Sunrise Period Postponed to 1 March 2023

Fish & Richardson Trademark & Copyright Thoughts

On December 5, 2022, the President of the Unified Patent Court (UPC) Court of Appeal, Klaus Grabinski, and the Acting Chairman of the Administrative Committee of the UPC, Johannes Karcher, announced an adjustment of the timeline of the UPC. According to the announcement, the start of the Sunrise Period is postponed by two months to 1 March 2023. The initial roadmap foresaw 1 January 2023 as the beginning of the Sunrise Period, with an entry into force of the UPCA on 1 April 2023.

Patent 77
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As Everyone Expected Years Ago, hiQ’s CFAA Wins Don’t Mean It Can Freely Scrape–hiQ v. LinkedIn (Guest Blog Post, Part 1 of 2)

Technology & Marketing Law Blog

by Kieran McCarthy. [Eric’s note: this is the first of a two-part series on the denouement of the hiQ v. LinkedIn case. This part explains the most recent ruling, a devastating but not unexpected loss for hiQ. The next part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.]. hiQ Labs, Inc. v.

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Albright Orders Google To Put Up $20M Bond Amid Appeal

IP Law 360

U.S. District Judge Alan Albright of the Western District of Texas has ordered Google to post a $20 million bond to cover a jury verdict in a patent case amid appeal, ruling that the company's lawyers haven't put forward enough evidence that the global tech titan — currently worth well over $1 trillion — will remain solvent for the next year.

Patent 75
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Addressing the revolving door in risk

McKinsey Operations

As the field of risk management evolves, the value proposition for employees has to evolve as well.

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MLB's Sanctions Bid Strikes Out With Magistrate Judge

IP Law 360

A New York federal magistrate judge said she thinks lawyers for MLB don't have the goods yet to sanction Sportvision's newer owners for filing an ongoing patent lawsuit over MLB allegedly breaking a lucrative licensing deal.

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Expert Testimony Inconsistent With Agreed-Upon Claim Construction Is Properly Stricken

JD Supra Law

TREEHOUSE AVATAR LLC v. VALVE CORPORATION - Before Lourie, Reyna, and Stoll. Appeal from the U.S. District Court for the Western District of Washington. Summary: The district court did not abuse its discretion in striking expert testimony inconsistent with the court’s claim construction. Nor did the district court err in granting summary judgment of noninfringement after striking the expert testimony.

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DC Circ. Won't Revive Injunction Bids In DMCA Challenge

IP Law 360

Two computer scientists can't revive their injunction requests in their challenge of a provision in the Digital Millennium Copyright Act that bans circumventing digital locks on copyrighted works like books and movies, the D.C. Circuit ruled in a published opinion Tuesday.

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Latest Federal Court Cases - December 2022

JD Supra Law

Treehouse Avatar LLC v. Valve Corp., Appeal No. 2022-1171 (Fed. Cir. Nov. 30, 2022) - In the only precedential patent opinion issued by the Federal Circuit this week, the Court affirmed a district court’s summary judgment ruling that appellee Valve Corporation’s popular “Dota 2” and “Team Fortress 2” online videogames did not infringe Treehouse Avatar’s U.S.

Patent 55
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9th Circ. Revives Evox's $300M IP Suit Against Verizon, Yahoo

IP Law 360

The Ninth Circuit on Tuesday reversed a win for Verizon and Yahoo in a copyright claim over images displayed on Yahoo's Tumblr social networking website, finding that the facts alleged by the creator of the images plausibly pleaded the claim within the bounds of the circuit's Perfect 10 ruling.

IP 75