Thu.Aug 25, 2022

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3 Count: Lover Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Taylor Swift Sued for $1 Million by Memphis-Area Poet for Copyright Infringement. First off today, Lucas Finton at Commercial Appeal reports that Taylor Swift is facing a new copyright infringement lawsuit, this one filed by a Memphis-area poet that accuses Swift of lifting her work.

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‘Pirate’ App Developer Uses DMCA to Remove ‘Stolen’ Copy from GitHub

TorrentFreak

GitHub is no stranger to copyright complaints. Last year, the developer platform removed nearly 20,000 projects in response to DMCA takedown notices. These takedowns can target all sorts of content. Major media companies often complain about software that allows people to access pirated content , for example. However, there are also instances where developers see copies of their own content elsewhere on Github, placed there by others without permission.

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Creating a technology risk and cyber risk appetite framework

McKinsey Operations

Here’s how to build a comprehensive, measurable, and objective end-to-end risk appetite framework as a foundation for managing technology risk and cyber risk.

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Why a Million-Subscriber Channel is Suing YouTube

Likelihood of Confusion

I represent Business Casual in this matter. The post Why a Million-Subscriber Channel is Suing YouTube appeared first on LIKELIHOOD OF CONFUSION™.

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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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Yout.com Site Blocking ‘Whack-a-Mole’ Continues in Peru

TorrentFreak

When ‘pirate’ sites are blocked by ISPs, the operators often get creative and find ways to bypass these restrictions. In Peru, the opposite appears to happen. After the stream-ripping portal Yout.com challenged a local blockade, the authorities simply blocked it again. For the full context, we have to go back more than a year. Last spring local ISPs were ordered to block Yout.com and other stream-ripping sites as a precautionary measure, while the authorities conducted their investig

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CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (2022/23 Academic Year)

IPilogue

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (3-5 positions). It is expected that the majority of the work done by students will relate to patent and/or trademark law.

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No laughing matter – Lawsuits for protection of copyright in Stand-up Comedy

IPilogue

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. Streaming giant Pandora has been hit with multiple copyright infringement lawsuits. In early February 2022, Pandora was sued in a series of lawsuits from the estates of comedians such as Robin Williams, George Carlin, Bill Engvall, and Ron White for publicly broadcasting, reproducing and distributing their copyright protected content without obtaining licenses.

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Creator Spotlight with Singer/Songwriters Mason & Julez

Copyright Alliance

This week we’d like to introduce Mason & Julez. Their newest project is called GOING ON 21 and is currently available on Apple Music. You can also support them on Instagram, TikTok, Spotify, and YouTube. Additionally, […]. The post Creator Spotlight with Singer/Songwriters Mason & Julez appeared first on Copyright Alliance.

Music 101
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How utilities can use advanced analytics to elevate customer experience

McKinsey Operations

Industry players can both lower costs and improve performance by capturing the full value of today’s technologies.

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Trademark Abandonment: Lessons from The Real USFL v. Fox Sports

JD Supra Law

Under the Lanham Act, a trademark is considered abandoned “when its use has been discontinued with intent not to resume such use.” Three consecutive years of nonuse constitutes a prima facie showing of abandonment.

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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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IP Forecast: Comedians' Rep To Fight Pandora's 'Cartel' Claim

IP Law 360

An outfit trying to boost comedians' pay from streaming services is set to argue next week that a California federal judge should dismiss Pandora’s accusations that it's acting like a “cartel leader” in its quest. 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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Copyright Infringement and Personal Jurisdiction Over Foreign Defendants

The IP Law Blog

In Lang Van, Inc. v. VNG Corporation (decided July 21, 2022), the Ninth Circuit addressed the issue of how to evaluate whether a U.S. District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs.

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The Impact of Weaker IP Rights and IP Monetization will be Examined at Two Fall Conferences

IP Close Up

Understanding the meaning of weaker IP rights and commercializing innovation are the focus of major intellectual property events in September and October. The Center for Continue reading.

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The EFF is Patently Wrong

JD Supra Law

The Electronic Frontier Foundation (EFF) is at it again, gaslighting the public in its ongoing crusade against patents. While the EFF does perform some commendable work, mostly in the areas of individual privacy rights, its track record on patents amounts to little more than a hit job.

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Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn

Technology & Marketing Law Blog

hiQ was a data snarfer. Specifically, it was “a ‘people analytics’ company that provided information to businesses about their workforces based on statistical analysis of LinkedIn members’ wholly public profiles.” In May 2017, LinkedIn sent hiQ a C&D and blocked its IP addresses. hiQ sought relief from the courts. In August 2017, the district court: found that hiQ showed a likelihood of irreparable harm, crediting hiQ’s assertion that the survival of its business was

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Intellectual Property 101 for Family Businesses

JD Supra Law

Intellectual Property rights allow a business to protect economically valuable intangible assets. These rights are often among the most important and valuable rights a family business can own; they allow a business to differentiate itself and they confer competitive advantages by representing the government's recognition that certain aspects of the business are exclusive.

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Decisions by the Court as an Institution; or by the Judge as a Human?

Patently-O

by Dennis Crouch. In Novartis Pharm. Corp. v. Accord Healthcare, Inc., 38 F.4th 1013 (Fed. Cir. 2022), the Federal Circuit made a procedurally embarrassing rehearing decision. In its original decision the appellate court sided with the patentee on validity–affirming that the claims satisfied the written description requirement. Novartis Pharm.

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Clean skies for tomorrow: Delivering on the global power-to-liquid ambition

McKinsey Operations

As aviation shifts from fossil to sustainable fuels, power-to-liquid fuel could emerge as a critical pathway, with reductions in greenhouse gas emissions of up to 100 percent.

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Zazzle Owes 'Hundreds Of Millions' For Stolen IP, Artist Says

IP Law 360

Online marketplace Zazzle Inc. reaps hundreds of millions in profits every year on the backs of designers by stealing artists' intellectual property and failing to fairly compensate them, according to a lawsuit filed Wednesday in California federal court.

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Countering inflation: How US P&C insurers can build resilience

McKinsey Operations

As property and casualty insurers in the United States struggle to maintain profitability, executives will need to direct a coordinated response across pricing, underwriting, claims, and other functions.

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TTAB Nixes 'Purple Rain' Energy Drink TM, Citing Prince Song

IP Law 360

The Trademark Trial and Appeal Board has issued yet another precedential ruling — this time in favor of a company tied to the late music icon Prince's estate, which sought to block the registration of the term "Purple Rain" as a trademark for energy bars and drinks.

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Fish Principal Daniel Tishman and Associate April Park Author IP Litigator Article “Two ITC Investigations Highlight Different Avenues for Early Disposition”

Fish & Richardson Trademark & Copyright Thoughts

In the July/August issue of IP Litigator , Fish Principal Daniel Tishman and Associate April Park discuss orders that highlight avenues for an early ruling at the ITC in two investigations: C ertain Digital Set-Top Boxes and Systems and Services Including the Same (Inv. No. 337-TA-1315) and Certain Electronic Exercise Systems, Stationary Bicycles and Component Thereof and Products Including Same (Inv.

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Beware Arguments Based On Implicit Claim Constructions

IP Law 360

The Federal Circuit's recent Wireless Protocol Innovations v. TCT Mobile decision shows the importance of diligent assessment of opposing arguments to determine whether they implicate unproposed claim constructions, says Derrick Carman at Robins Kaplan.

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Vidal Affirms PTAB in Sua Sponte Director Review, Clarifies Interference Estoppel Provisions Do Not Apply to Proceedings Before the PTAB

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal on August 22 issued a decision granting sua sponte Director Review and Affirming the Decision on Institution in Zynga Inc. v. IGT, IPR2022-00199, U.S. Patent No. 7,168,089 B2. Vidal determined that the interference estoppel provision of 37 C.F.R. § 41.127(a)(1) does not apply to trial and preliminary proceedings before the Patent Trial and Appeal Board (PTAB) and the PTAB was correct in holding that Petitioner should not be barred fro

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Engage Associates At Orientation With Thoughtful Activities

IP Law 360

The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

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Patent Filings Roundup: Rare Time Bar Ruling on Merged Entities; VLSI Discloses Structure as Parties Withdraw Joinder Petitions

IP Watchdog

The back-to-school lull is in full effect this week, with 54 district court patent filings, 88 terminations, and 21 new Patent Trial and Appeal Board (PTAB) filings, all inter partes reviews (IPRs), with all filings slightly below average numbers. This week saw more Express Mobile, Inc. institutions at the Board, suggesting that, of the five rather widely asserted assets (hundreds of suits against hundreds of defendants), all five are likely invalid for various reasons.

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Cracking the job code

McKinsey Operations

It may seem counterintuitive for employers to double down on learning and development at a time when workers are becoming more mobile. But recent research across four leading economies suggests that such a strategy is more important than ever, write Christopher Pissarides and Anu Madgavkar in Project Syndicate.

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TTAB Reverses Failure-to-Function Refusal of BLACK BIRTHING BILL OF RIGHTS for Promotional Services

The TTABlog

In a rare reversal of a failure-to-function refusal, the Board overturned the USPTO's refusal to register the mark BLACK BIRTHING BILL OF RIGHTS for "Promoting public awareness of the rights and needs of Black women and birthing persons in connection with maternal and postpartum care by means of public advocacy; Promoting the interests of Black women and birthing persons in connection with maternal and post-partum care by means of public advocacy.

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Hyundai and Kia take Avanci licences ahead of September price hike

IAM Magazine

The two companies, along with Genesis, are the first big Asian auto brands to sign up to the platform’s 2G-4G offering and do so a week before the cost increases from $15 to $20 per vehicle

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On-Sale Bar: The “Critical Date” is Critical

LexBlog IP

In Sysmex Co. v. Beckman Coulter, Inc. , 2022 U.S. Dist. LEXIS 103757 (D. Del. June 9, 2022), Judge Bataillon granted Sysmex’s request to uphold the validity of several claims of two patents even in view of on-sale bar assertions by Beckman Coulter (“BCI”). Read more.

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Welcome, Blogads clickers

Likelihood of Confusion

I’m stuck in a monthlong marketing campaign on Blogads. The rates are really favorable but the diminishing returns are sick-making. So having “spent” the money (well, pledged it — do. The post Welcome, Blogads clickers appeared first on LIKELIHOOD OF CONFUSION™.

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How Does a Simple Agreement for Future Equity Work?

LexBlog IP

How Do SAFEs Work? During the early stages of a business venture, including many technology start-ups, there can be difficulty, on the part of both founders and investors, in assigning a reliable and realistic value to the company. This is due to a number of factors, including the limited history and track record of the startup as well as the unknown future of its business prospects and growth trajectory.

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The Current mRNA/LNP Patent Litigation Landscape

JD Supra Law

Several patent litigations have been filed involving mRNA pioneers such as Moderna, Inc. and BioNTech, Inc. (with Pfizer) over the past year relating to sales of the Moderna and BioNTech/Pfizer COVID-19 vaccine products (Spikevax® and Comirnaty®, respectively). This post provides an overview of those cases, other cases involving other mRNA pioneers, and the overall mRNA patent litigation landscape as of August 24, 2022.

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What’s in the American Data Privacy and Protection Act?

LexBlog IP

Congress is considering omnibus privacy legislation, and it reportedly has bipartisan support. If passed, this would be a massive shake-up for American consumer privacy, which has been left to the states up to this point. So, how does the American Data Privacy and Protection Act (ADPPA) stack up against existing privacy legislation such as the California Consumer Privacy Act and the Virginia Consumer Data Protection Act?

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Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action

JD Supra Law

The US Court of Appeals for the Fifth Circuit affirmed a summary judgment order dismissing a Walker Process monopolization action brought by Ronald Chandler and his oilfield service company Chandler Manufacturing (collectively, Chandler).

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