Wed.Sep 21, 2022

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3 Count: Disney Defeat

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Disney Loses Bid to Dismiss ‘Muppet Babies’ Reboot Copyright Suit. First off today, Winston Cho at The Hollywood Reporter Esquire reports that Disney has failed to dismiss an ongoing case against it over the 2018 reboot of the Muppet Babies TV show. The lawsuit was filed by Jeffrey Scott, who was a screenwriter of the original 1984 series.

Licensing 187
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What is the Trademark Public Advisory Committee (TPAC)?

Erik K Pelton

Many do not realize the importance of the Trademark Public Advisory Committee (TPAC) at the USPTO. This committee has a critical role and lens into the world of trademark. Watch this episode as Erik shares more about the committee and its functions. The post What is the Trademark Public Advisory Committee (TPAC)? appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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Green Advances in a Grey Industry

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Concrete jungles around the world illustrate the man-made burden on the planet. Concrete is a carbon-intensive ingredient in construction and makes up at least 8% of man-made CO? emissions. When it comes to industrial processes, cement manufacturing produces the highest amount of CO?

Law 104
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Mexican Muralism—The Origins and Revolution of Street Art

Copyright Alliance

Art integrates itself so keenly into our lives and surroundings that it can often go unappreciated or unnoticed. From the playlist at your local coffee shop to the chalk drawings […]. The post Mexican Muralism—The Origins and Revolution of Street Art appeared first on Copyright Alliance.

Art 101
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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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Author Talks: Africa is not a country

McKinsey Operations

News, entertainment, and even charity campaigns tend to promote a stereotypical image of Africa that ignores its nuance and history. Dipo Faloyin is correcting this narrative.

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Understanding the Role of Preprints & Postprints & The Version of Record

Velocity of Content

As with my earlier post on the overall role of peer review in the scholarly and scientific publishing process, for Peer Review Week 2022 we are reposting this series and including some updated information on the topics we covered: An article in Nature Medicine suggests access to preprints might be good for patient outcomes. I am not so sure; another looks at how the role of preprints shifted during the years of peak COVID.

Editing 98

More Trending

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Why the Online News Act is a Bad Solution to a Real Problem, Part One: The Risk to Free Flow of Information

Michael Geist

Since its introduction in early April, the Online News Act (Bill C-18) has flown below the public’s radar screen. There have been a few op-eds and considerable coverage on my blog (I’ve posted here , here , here , here , here , here , here , here and released podcasts on the bill with Sue Gardner and independent digital media publishers Farhan Mohamed and Jeff Elgie ) but Canadian Heritage Minister Pablo Rodriguez has largely been content to rush the bill through the parliamentary pr

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Disclaimer and Dedication

Patently-O

The chart above shows the number of disclaimed/dedicated patents per year going back to 1995. Every year it has been a relatively small number, and for each instance there is usually some strategic reason for the disclaimer. As you can see, FY2022 is figuratively off the charts–almost triple any year since 2005. I have not yet figured out whether the change here reflects some important change in practice or just a statistical anomaly.

Patent 76
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Why the Online News Act is a Bad Solution to a Real Problem, Part Two: Encouraging Clickbait and Low Quality Journalism With No “News Content” Standards

Michael Geist

The first post in this series on Bill C-18 , the Online News Act, focused on the problematic approach to what constitutes “making news content available”, as it encompasses everything from indexing to linking to news stories without reproducing the actual text. The approach raises serious risks to the free flow of information online and expands the law far beyond reasonable expectations of what “use” of news articles might mean.

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Tuesday Tiddlywinks

The IPKat

The IPKat's weekly round-up of various IP events, courses and opportunities coming up is here! " cool cat? " by jenny downing is licensed under CC BY 2.0. EVENTS WIPO - Sixth Session of the WIPO Conversation on Intellectual Property and Frontier Technologies - 21-22 September 2022 – hybrid The World Intellectual Property Organization (WIPO) will hold the Sixth Session of the WIPO Conversation on Intellectual Property and Frontier Technologies (formerly WIPO Conversation on IP and AI ) from 21 to

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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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District Court Grants Dismissal of Due Process Case Against Former USPTO Officials

IP Watchdog

A Tennessee district court judge on Monday granted a number of former U.S. Patent and Trademark Office (USPTO) officials’ motion to dismiss a case brought by Martin David Hoyle and B.E. Technology alleging violation of the plaintiffs’ constitutional right to due process under the Fifth Amendment. Hoyle filed the suit in the Western District of Tennessee’s Western Division in August 2021 against former USPTO Director Michelle Lee and a number of other former USPTO officials for allegedly deprivin

Designs 73
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AIPPI Congress (Report 3): Soft IP update, wine & IP and the metaverse

The IPKat

A view of the SF sky that many Congress attendees did not see during the panel sessions While the AmeriKat was busy with voting machines and preparing the final draft of the trade secrets resolution, Katfried Hans Eriksson ( Partner, Westerberg & Partners in Sweden) was busily attending and taking notes for IPKat readers on the soft IP panel sessions.

IP 76
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Accelerating the transition to net-zero travel

McKinsey Operations

Despite the best intentions, many travel companies are struggling to reduce their emissions fast enough. A report by McKinsey and Skift provides four practical recommendations.

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How the America Invents Act has hurt SMEs

IAM Magazine

As the legislation celebrates 10 years, Michael Renaud, Jonathan Engler and Jessica Perry of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo analyse a decade of data to reveal that, far from helping small businesses by improving patent quality, it has only succeeded in driving them out of US district courts.

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How aerospace and defense players can win in aftermarket services

McKinsey Operations

McKinsey research points to five central priorities—all grounded in data—for improving aftermarket services in aerospace and defense.

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Prosecution Pointer 347

LexBlog IP

On September 30, the USPTO’s new Patent Public Search tool (PPUBS) is replacing four legacy tools—Public-Examiner’s Automated Search Tool (PubEAST), Public-Web-based Examiner’s Search Tool (PubWEST), Patent Full-Text and Image Database (PatFT), and Patent Application Full-Text and Image Database (AppFT). Existing links to U.S. patents and U.S. pre-grant publications in PatFT and AppFT will be terminated following the retirement of these services.

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The third age looms – Why impact will shape the next generation of sustainable finance

Herbert Smith Freehills

Although one of the most touted investment trends, impact investing remains plagued by misconceptions and regulatory confusion. We look back over the three eras of sustainable investing and argue impact will unlock a new ambition for progressive finance. Like the different geological ages of earth, sustainable investing has continually developed in cycles, each shaped by another dominant concept.

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Color Us Majorly Surprised – Company Gets the FTC to Change Its Press Release

LexBlog IP

A few weeks ago, we wrote about an interesting development in what had been a fairly standard Federal Trade Commission (FTC) Made in the USA (MUSA) settlement. In short, the company had some major beef with the FTC’s press release about its case. The company and its owner filed a motion to get out of its settlement and to make the FTC change its press release, which, among other things, accused the company of “ lying.”.

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USPTO Permanently Switching To Patent Public Search Tool

IP Law 360

The U.S. Patent and Trademark Office will be officially retiring four legacy search tools at the end of the month, replacing them with the new patent public search tool, the agency has announced.

Patent 52
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California Passes Law to Protect Children’s Data Online

LexBlog IP

California Governor Gavin Newsom signed the California Age-Appropriate Design Code Act (the Act) into law last week. This new law will require those online service providers likely to be accessed by children under 18 years old to comply with heightened privacy requirements, including incorporating privacy-by-default and privacy-by-design into their products.

Law 52
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What New Colo. Noncompete Law Means For Employers

IP Law 360

Mary Will and Jill Zender at Faegre Drinker discuss key elements of a newly effective Colorado law that adds further restrictions to the use of worker noncompete agreements, explain what types of contracts are still permissible in the state, and share employer compliance tips.

Law 52
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Beware! Trademark Solicitations

JD Supra Law

Unsuspecting trademark owners are paying unnecessary trademark “renewal fees” that are not what they seem to be when first viewed. We are seeing continued efforts by companies attempting to confuse unsuspecting trademark owners into paying thousands of dollars in false renewal fees. Please see full Publication below for more information.

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How the America Invents Act has hurt SMEs

IAM Magazine

As the legislation celebrates 10 years, Michael Renaud, Jonathan Engler and Jessica Perry of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo analyse a decade of data to reveal that, far from helping small businesses by improving patent quality, it has only succeeded in driving them out of US district courts.

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Google Adwords And Infringement Of Trademarks

IP and Legal Filings

The internet is booming nowadays and with that the online shopping, online ticket bookings, online games, etc have become popular. But how do the businesses are so famous without marketing? If they do marketing, then how it is regulated and who does it? These are some of the questions which comes to our mind when we think about online platforms and their business models.

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Estoppel; Pre-SAS Partial Institution Cases; and Rethinking Caltech

Patently-O

by Dennis Crouch. The PTAB is the busiest patent court in the country. The Board cancels lots of patent claims, but also regularly sides with patentees in the Final Written Decision (at least as to some claims). Post-IPR estoppel attaches to the cleared-claims and prevents the petitioner (or privies) from later challenging the validity of those claims on grounds actually raised in the IPR as well grounds the petitioner “reasonably could have raised during the inter partes review.”

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An Analysis On Conflict Between Advertisement Tax & GST

IP and Legal Filings

The Karnataka High Court in one of their recent judgement in matter of Hubballi Dharwad Advertisers Association (R) v. State of Karnataka [1] (2022 (5) TMI 401) gave a verdict which states that “there is no conflict between the power to levy GST under GST laws and the power of Municipal Corporation to levy Advertisement Tax under Section 134 of the Karnataka Municipal Corporations Act, 1976 (‘KMC Act’, for brevity).”.

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AI Inventor Poll

Patently-O

Question presented in Thaler v. Vidal: "Whether an artificial intelligence can be an inventor for purposes of patent law, which implicates the most fundamental aspects of patent law, namely, the nature of inventorship and therefore whether AI discoveries can be patented." — Dennis Crouch (@patentlyo) September 20, 2022. If you are thinking about this from the corporate level, check out my new book chapter: Dennis Crouch, Legal Fictions and the Corporation as an Inventive Artificial

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Winding Up of A Company: How Winding up Is Different From Dissolution

IP and Legal Filings

Winding up is the process under which liquidation of a company is carried out. During winding up, the company ceases to do business as in the usual course. An administrator, called as a liquidator is appointed and he takes control of the company. In other words, it can be said that winding up is a process whereby the life of the company has ended and its property is administered for the benefits of the creditors and members of that company.

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Avanci 2G-4G patent programme covers over 80% of connected auto market after deals surge

IAM Magazine

Honda, Toyota and Nissan among the major manufacturers to become licensees, three weeks after deadline for securing $15 per unit rate ended

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Key Adaptations For Law Firms Amid Quiet Quitting Movement

IP Law 360

While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

Law 40
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Next WDTX chief judge unlikely to overturn random patent case assignment order

IAM Magazine

With rumours swirling, IAM spoke exclusively to US District Judge Fred Biery who is among those poised to take on more IP litigation

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Many ways to skin a cat (Pt 2): South Africa’s Constitutional Court upholds the declaration on the unconstitutionality of parts of the Copyright Act

The IPKat

As IPKat readers may recall, the BlindSA ’s pursuit of other legal means to achieve its aim of using copyright exceptions to legitimise unlicensed access to copyright-protected works for visually impaired persons was successful at the High Court. As this Kat reported here , a High Court in Gauteng Division in 2021 granted a motion filed by BlindSA in Blind SA v Minister of Trade, Industry and Competition (14996/21) challenging the constitutionality of South Africa's current Copyright Act on the

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Next WDTX chief judge unlikely to overturn random patent case assignment order

IAM Magazine

With rumours swirling, IAM spoke exclusively to US District Judge Fred Biery who is among those poised to take on more IP litigation

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Blawg Review from the Great Pacific Northwest

Likelihood of Confusion

Blawg Review this week is hosted by one of us (thanks for the link!) — Michael Atkins, the one and only Seattle Trademark Lawyer, whose blog engagingly still features his. The post Blawg Review from the Great Pacific Northwest appeared first on LIKELIHOOD OF CONFUSION™.

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University Dean Cleared in Plagiarism Probe

Plagiarism Today

In October 2021, Andrew Azzopardi and a student he was mentoring, Andrew Camilleri, published a literature review entitled Risk and Protective Factors in Violent Youth Crime in the first edition of the journal Studies in Social Well-being. . However, in November that same year, the article became the subject of controversy as two researchers, Saviour Formosa and Janice Formosa Pace, both from the same university as Azzopardi, claimed that parts of the article were plagiarized from their earlier