Fri.Mar 10, 2023

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Stop wasting your most precious resource: Middle managers

McKinsey Operations

In the modern workplace, middle managers face many challenges. A new survey finds three areas where organizations can better support their managers and help them accomplish more.

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ESPN & beIN Accused of Stealing Fan’s Viral ‘Ancelotti Chewing Gum’ Video

TorrentFreak

Viral videos are big business. Therefore it’s no surprise that specialized companies emerged to help the lucky few to monetize their viral content. These companies typically take care of licensing and legal issues. This is also the case with Videohat , which uses the ‘catchy’ tagline “Rights = Money” Unfortunately, however, getting paid isn’t always straightforward.

Licensing 109
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Entrepreneur First CEO Matt Clifford on early stage talent investing

McKinsey Operations

One of Europe’s top talent investors talks about his unique approach to backing companies before they exist and how to find the “edge” in a potential founder.

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YouTuber Owes Money to YouTube for Ill-Conceived Deplatforming Lawsuit–Daniels v. Alphabet

Technology & Marketing Law Blog

Daniels goes by the name “Young Pharaoh.” [An aside: how do you feel about the “pharaoh” invocation? Their empires relied upon slavery, so it seems troubling to me.] He claims YouTube shadowbanned and demonetized him because of MAGA-ish content. Represented by lawyers Maria Cristina Armenta and Credence Elizabeth Sol (who keep expanding their oeuvre of failed lawsuits against Internet services), Daniels claimed YouTube had to comply with 1983 because YouTube became a stat

Blogging 106
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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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ChatGPT and the Underlying Copyright Malady

SpicyIP

ChatGPT, a chatbot, and its outputs have been in the limelight for quite some time, with discussions surrounding the chatbot’s overall impact on the future. Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated.

Copyright 105
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The Consequence of Mandated Payments for Links: Facebook Confirms It Will Drop News Sharing in Canada Under Bill C-18

Michael Geist

Google has been in the spotlight for the past few weeks with reports that it has been testing removal news links from search results. The move sparked outrage from MPs , who grilled executives earlier today at Canadian Heritage committee. But now it appears Google has company: the Globe and Mail reports that Facebook has confirmed that it will remove news sharing from its platforms if Bill C-18 passes in its current form.

More Trending

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Domain names and fair use

Likelihood of Confusion

The continuum of defenses to claims sounding in trademark that runs from free speech, through fair use to nominative fair use is a longtime topic of interest around here, from. The post Domain names and fair use appeared first on LIKELIHOOD OF CONFUSION™.

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Does Generative AI Need to Infringe Copyright to Create?

JD Supra Law

Within only a few days of launching, OpenAI’s ChatGPT had millions of users in awe. Using a simple question-and-answer chat structure, a user can ask the ChatGPT bot a question on any topic, or request it to fulfil a range of demands, including writing poems, essays and songs, or even suggesting dinner recipes based on a set list of ingredients.

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UK Govt: Piracy ‘Snitch’ Campaign Not Ideal During a Cost of Living Crisis

TorrentFreak

After reading hundreds of copyright reports, anti-piracy studies, lobbying documents, and submissions to government and law enforcement agencies, anything that strays from the norm tends to stand out. Last month the Industry Trust For IP published ‘Taking a Whole Society Approach to Infringement in the UK’, a report promoting ‘collaboration’ and ‘understanding’ to reduce piracy levels in the UK.

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A New Dawn for Copyright in AI-Generated Works?

JD Supra Law

On February 21, 2023, the Copyright Office eclipsed its prior decisions in the area of AI authorship when it partially cancelled Kristina Kashtanova’s registration for a comic book titled Zarya of the Dawn. In doing so, the Office found that the AI program Kashtanova used—Midjourney—was primarily responsible for the visual output that the Office chose to exclude from Kashtanova’s registration.

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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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[Guest post] Critical review of recent design case law by the General Court

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on some recent EU design case law. Here’s what Henning writes: Critical review of recent design case law by the General Court by Henning Hartwig Since 1 May 2019, under Article 58a (1) Statute of the Court of Justice of the European Union (CJEU), an appeal brought against a decision of the General Court concerning a decision of an independent Board of Appeal of Europea

Designs 96
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How digital tools could boost efficiency in African health systems

McKinsey Operations

By expanding their use of digital health tools, African health systems could realize up to 15 percent efficiency gains by 2030 and reinvest the savings to improve access and outcomes.

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Section 22 Vs Section 26 And Section 27: The Contrasting Sections Of Copyright Law

IP and Legal Filings

Introduction It is an established notion that in case of a cinematograph film (Section 26) or a sound recording (Section 27), the Copyright stays for as long as 60 years, while literary or musical works enjoy Copyright for the lifetime of author and 60 years thereafter (Section 22). Now the first thing that pops into the mind: “whether such protection is enough?

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Buyouts at Hachette, HarperCollins

Velocity of Content

Big 5 publishers Hachette Book Group (HBG) and HarperCollins have begun offering voluntary severance packages to employees with long-term service. According to UK book trade publication The Bookseller , the offer is to staff over 50 years old and with at least 15 years’ service and is exclusive to US-based employees Click below to listen to the latest episode of the Velocity of Content podcast.

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Author Talks: IBM’s Ginni Rometty on leading with ‘good power’

McKinsey Operations

Ginni Rometty shares her strategies for managing conflict, finding growth in discomfort, and remaining grounded in ambition to make you proud of not only what you do, but how you do it.

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Christmas Light Patent Wars: Customer Infringement Notices and Free Speech

IP Watchdog

As James Madison once said, “Our First Amendment freedoms give us the right to think what we like and say what we please. And if we the People are to govern ourselves, we must have these rights, even if they are misused by a minority.” Not often do such lofty constitutional principles intersect with patent litigation. But the Federal Circuit’s decision in Lite-Netics, LLC v.

Patent 75
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Unfair Method In Digital Lending And Rbi’s New Norms On It

IP and Legal Filings

Introduction The Reserve Bank of India ( “RBI” ) has recently came up with a framework agreement to regulate digital lending in India. [i] The primary objective behind such a regulation is to deal with new and emerging challenges in digital lending landscape such as unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices used by lending platforms.

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Call for Applications: IPilogue Senior Editor & Writers (Summer 2023)

IPilogue

We are pleased to announce openings for IPilogue Senior Editors and Writers for Summer 2023! If you are passionate about writing or editing, or you are interested in building your presence or being published in IP law, this is a great opportunity for you. Senior Editor (1- 2 positions available) IPilogue Senior Editors review contributors’ content before it is approved by the Managing Editor and posted by the Content Manager on the website.

Editing 81
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Mintz EnergyTech Update: New Hydrogen Patents Data Released

JD Supra Law

Mintz EnergyTech Update: New Hydrogen Patents Data Released - The European Patent Office (EPO) and International Energy Agency (IEA) have now released “Hydrogen Patents for a Clean Energy Future” – a comprehensive report on innovation in clean-energy hydrogen technologies over the past two decades according to global patent filings.

Patent 68
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How data can help tech companies thrive amid economic uncertainty

McKinsey Operations

Amid rising pressure on tech companies to boost performance, better data management can pave the way to sustainable growth.

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Edible Drops Claims In TM Suit Against Cannabis Co.

IP Law 360

Edible Arrangements LLC and its parent company have dropped a trademark suit against the makers of "Incredibles" cannabis products, while the defendants have agreed to drop their counterclaims in the suit.

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"TM-compliant" ads not shown to be nominative fair use

43(B)log

World Axe Throwing League, Inc. v. Cold Steel Inc., 2023 WL 2372059, No. 2:20−cv−11407 JAK (Ex) (C.D. Cal. Feb. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league.

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'We Cannot Go On Like This': CEO Vexes Samsung Trial Judge

IP Law 360

The CEO of a talent management company suing Samsung for trademark infringement spent a combative day on the witness stand Friday, frequently veering off-topic under cross-examination and giving long answers that were often stricken, prompting the California federal judge overseeing the trial to lament, "We cannot go on like this.

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Scaling green businesses: Next moves for leaders

McKinsey Operations

New challenges—and opportunities—have emerged for green business builders. A set of actions could help companies scale during these uncertain times.

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Roblox Sees Part Of Avatar Toy IP Case Trimmed

IP Law 360

A California federal judge has refused to throw out various claims that online game platform Roblox made in a suit alleging WowWee sold toys based on Roblox's avatars, but agreed to trim parts of the case.

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On the cusp of a new era: Global flows, energy, and the supply cycle

McKinsey Operations

In this episode of Friends of Europe’s #CriticalThinking Live, we chat to Sven Smit, chair of McKinsey Global Institute, about the new era into which the world has entered and its effects on society.

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High Court Again Asked To Review Fed. Circ.'s 1-Line Orders

IP Law 360

A one-time Qualcomm engineer whose patent company is accusing YouTube of ripping off a collection of his early web-era patents is the latest to ask the U.S. Supreme Court to look at the Federal Circuit's use of one-sentence Rule 36 rulings, this time in appeals of Patent Trial and Appeal Board decisions invalidating video playback patents.

Patent 73
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Other Barks & Bites for Friday, March 10: TikTok Beats Trademark Infringement Claims; USPTO and USDA Collaborate to Increase Agricultural Competition; IP Offices Celebrate International Women’s Day

IP Watchdog

This week in Other Barks & Bites: The United States International Trade Commission (ITC) bans Peloton and other companies from importing streaming fitness devices that infringe on a Dish patent; the United States Patent and Trademark Office (USPTO) launches a program to expedite patent applications for first-time filers; and a district court awards Gilead Sciences $175 million in damages for HIV medication fraud.

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Stripes vs Stripes: Adidas Loses Trademark Case Against Thom Browne

IPilogue

Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. In a battle of the stripes, athletic fashion giant Adidas went head-to-head with American luxury fashion brand Thom Browne in a court case that tested the delicate balance between protecting a company’s branding and allowing for creativity and competition in the marketplace.

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Full Court Press: NIKE Files Trademark Infringement Lawsuit Against BAPE

JD Supra Law

Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force 1, Air Jordan, and Dunk designs, for which it has registered and common law trade dress rights.

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McKinsey Survey: The Return of the Greater Bay Area Traveler to Hong Kong

McKinsey Operations

Hong Kong’s recent re-opening is an opportunity to restore its status as a shopping destination for Mainland travelers—but challenges remain.

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Stryking Noncompete Preliminary Injunction

JD Supra Law

The US Court of Appeals for the Sixth Circuit upheld a district court’s grant of a preliminary injunction restricting a former employee from working for conflicting organizations or communicating with a competitor’s counsel. Stryker Emp. Co., LLC v. Abbas, Case No. 22-1563 (6th Cir. Feb. 16, 2023) (Clay, Bush, JJ.; Sutton, C.J.) The Court found that the preliminary injunction was an appropriate measure to protect the plaintiff’s confidential information that was consistent with the employee’s.

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USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction

LexBlog IP

By: Michelle Emeterio and David Barker USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. § 1052) in refusing to register Elster’s mark that used a living individual’s name, because it impermissibly restricted free speech.

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Arnall Golden Expands In Atlanta, DC With Trio Of IP Attys

IP Law 360

Arnall Golden Gregory LLP has added two of counsel to its Atlanta and Washington offices and hired an associate in D.C. — that trio of attorneys focusing on intellectual property law in separate industries, including entertainment and pharmaceutical IP issues — the firm announced Thursday.

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The DMCA Subpoena Remains Invaluable

JD Supra Law

When tackling the problem of unauthorized resellers on Amazon.com and other e-commerce websites, one of the biggest hurdles faced by brands is unearthing a reseller’s identity. Resellers are able to hide behind DBA’s, various storefront names, and other shell entities, making it difficult to know the true person or entity behind the reseller.