Wed.Oct 05, 2022

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3 Count: Textbook Piracy

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Shopify Settles Textbook Publishers’ Lawsuit Over Alleged Piracy. First off today, Blake Brittain at Reuters reports that the ecommerce platform Shopify has settled a lawsuit filed by textbook publishers that alleged the service turned a “blind eye” to piracy on its platform.

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Anatomy of An Appeal to the TTAB

Erik K Pelton

An appeal to the Trademark Trial and Appeal Board (TTAB) can be an important tool when appropriate and when there is a strong reason to believe that perhaps the examiner’s decision can be overturned. In this episode we cover some basics about ex parte appeals, including the costs and timeline. The post Anatomy of An Appeal to the TTAB appeared first on Erik M Pelton & Associates, PLLC.

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The SNL/Charmin Bears Plagiarism Controversy

Plagiarism Today

Last weekend, Saturday Night Live had the debut of its 48th season. However, in addition to the usual conversation surrounding the show’s host and musical guest, there was more than a little discussion about plagiarism. The conversation focused primarily on a sketch entitled Charmin Bears, which focused on the Charmin Bear family from the commercials.

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Earthlink Will Ask Wholesale Providers to Block Pirate Site YTS

TorrentFreak

Over the past two decades, online piracy has proven a massive challenge for the entertainment industries. Some copyright holders have tried to go after individual pirates in court but, increasingly, third-party intermediaries are targeted as well. There are several lawsuits pending in US courts, where rightsholders accuse Internet providers of not doing enough to stop piracy.

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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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Using Analytics to Assess the Effectiveness of Common Patent Prosecution Practices

IP Watchdog

Lawyers should always be trying to look at things from new and different angles to gain an edge. We owe it to our clients, and honestly, we should do it for ourselves, because it makes practicing more fulfilling. In an effort to spice up my patent law life, I have become especially interested in patent analytics over the past few years—that’s right, I just used “patent analytics” and “spice up” in the same sentence.

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Creative Commons and NFTs – is CC licensing compatible with the new technologies?

Kluwer Copyright Blog

Photo by Markus Winkler. On 9 September 2022, Creative Commons issued their new FAQs on NFTs. This article provides a brief overview of the use of Creative Commons licensing in relation to NFTs based on the Creative Commons’ FAQ page linked above. Creative Commons Licensing. Most of you may well be familiar with the concept of Creative Commons licensing, but to reiterate, Creative Commons (CC) is a not-for-profit copyright licensing organisation.

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Winning corporate clients with great onboarding

McKinsey Operations

An often-overlooked aspect of customer experience in corporate banking represents an opportunity for competitive differentiation, greater efficiency, and revenue growth.

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China Holds Trading Platform Liable for Sales of Infringing NFTs

IPilogue

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On April 20, 2022, China released a first-of-its-kind judgment on a dispute over the alleged infringement of a non-fungible token (“NFT”) published on a trading platform. The dispute arises from a copyrighted image known as “ Pang Hu Getting Vaccinated ,” a cartoon depiction of a tiger receiving a vaccination.

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Hungry and confused: The winding road to conscious eating

McKinsey Operations

Half of consumers call healthy eating a top priority; one-third say sustainable eating is too. But to satisfy consumers’ commitment to eating more healthily, food producers and retailers need to get innovative.

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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part Two of Three

JD Supra Law

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry.

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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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Author Talks: Turn your work enemies into allies

McKinsey Operations

Whether you’re being interrupted in meetings or challenged at every turn, Amy Gallo shares tactics for getting value out of difficult work relationships.

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The Struggle is Real: Federal Trademark Registration for Cannabis and Hemp-Derived Food and Beverages Remains Illusive

JD Supra Law

Although commercial use of a trademark alone triggers rights in a mark, wise business owners endeavor to take advantage of the added benefits and protections conveyed by federal registration. One of the most important benefits of federal trademark registration is a presumption that a registered mark is valid and protectable, but only lawful use of a mark in commerce can give rise to federally protectable trademark rights.

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Limiting The Scope Of Representation Is Critical For Lawyers

IP Law 360

A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

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How BrightSource Protects the IP behind its Solar Energy Systems

JD Supra Law

Solar power is one of the “green” alternatives to fossil fuels that will help our world address its energy needs. In one hour, the Sun hits the Earth with more energy than is consumed worldwide in a year, according to ClimateScience.org. Yet harnessing this solar energy is complex: engineering solutions include both Solar Photovoltaics (Solar PV) technology and solar thermal methods such as Concentrated Solar Power (CSP).

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Supreme Court Urged To Review Bacardi's 'Untameable' TM

IP Law 360

Liquor maker Lodestar Anstalt has urged high court justices to take up its axed trademark suit against rival Bacardi over taglines for competing spirits, arguing that the Ninth Circuit misapplied U.S. trademark law by linking protection to the product on which a mark is used.

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[Video] Fashion Counsel: Privacy in the Retail Fashion Industry

JD Supra Law

Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam to discuss what companies can do to be prepared, especially concerning chat box bots, cookies, advertising technology, and the Metaverse.

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WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Kluwer Copyright Blog

It seems inevitable that UK copyright law will change at some stage. It increasingly appears that judges are waiting for a case which requires the inconsistencies between EU and UK copyright law to be addressed. Unfortunately, the recent decision in WaterRower v Liking [2022] EWHC 2084 (IPEC) was not that case, despite many reporting in the aftermath of the decision that UK copyright has been extended to protect a rowing machine as a ‘work of artistic craftsmanship’. .

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DISH Wins $26.5m Pirate IPTV Judgment But Might Not Get a Penny

TorrentFreak

Following more than a year of legal action, DISH Network has booked yet another big money win against yet another pirate IPTV provider targeting the United States. DISH filed its complaint against My Indian TV in a New York district in August 2021, describing the defendant as a global pirate television service. The broadcaster said that the IPTV platform transmitted channels originating from India and Pakistan to customers in the United States, violating the exclusive licenses it holds for the e

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Deputy Secretary Graves Leads U.S. Delegation to ITU and Addresses Importance of Closing the International Digital Divide and Electing U.S. Candidate Doreen Bogdan-Martin as ITU Secretary-General

U.S. Department of Commerce

Deputy Secretary Graves Leads U.S. Delegation to ITU and Addresses Importance of Closing the International Digital Divide and Electing U.S. Candidate Doreen Bogdan-Martin as ITU Secretary-General. October 5, 2022. ASowah@doc.gov. Wed, 10/05/2022 - 11:04. From September 25—29, 2022 U.S. Deputy Secretary of Commerce Don Graves traveled to Bucharest, Romania to serve as the Senior U.S.

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Alleged SmoothStreams IPTV Operators Accused of Contempt of Court

TorrentFreak

When SmoothStreams disappeared offline mid-July, subscribers to the service went through the usual cycle of assumptions. From temporary technical problems to a full-blown law enforcement raid, no one seemed to know anything for sure. Over the next two weeks, a picture began to emerge. SmoothStreams had been raided but not as part of any criminal action.

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How consumer-packaged-goods companies can drive resilient growth

McKinsey Operations

Consumer behavior keeps shifting, the economy is weakening, and inflation remains high. Yet consumer-packaged-goods companies have the opportunity to thrive amid uncertainty.

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ITC Monthly Wrap-Up: September 2022

Fish & Richardson Trademark & Copyright Thoughts

September saw six complainants file seven new Section 337 complaints with the Commission: OPEX Corporation filed a complaint against HC Robotics and Invata, Inc., in Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof (II) , Dkt. No. 3638; Vego Garden, Inc., filed a complaint against numerous respondents in Certain Raised Garden Beds and Components Thereof , Dkt.

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Romania’s opportunity to turn sustained growth into long-lasting prosperity

McKinsey Operations

By taking action to boost savings rates, Romania could increase GDP by around 10 percent by 2050.

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Game Co. Ubisoft Takes Aim At Assassin's Creed Counterfeits

IP Law 360

Ubisoft Entertainment SA has hit online retailers with an Illinois federal suit accusing them of selling counterfeit merchandise using the company's Assassin's Creed video game trademarks.

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[PODCAST] JAMS Neutrals Discuss the Advantages of ADR in Resolving IP Disputes

JD Supra Law

In this podcast, JAMS neutrals Judge Elizabeth Laporte and Tom Creel give listeners a deeper look into the role alternative dispute resolution (ADR) plays in intellectual property disputes. They examine the options available to parties and the customizations offered by each one. Furthermore, they discuss their personal experiences overseeing intellectual property (IP) disputes and what strategies might be advantageous for different parties, such as incorporating JAMS International Rules into.

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5th Circ. Takes Up Atty Fees In Wrestler's Failed IP Suit

IP Law 360

Activision Blizzard Inc. should be awarded attorney fees after a Texas jury found the company's Call of Duty character David "Prophet" Wilkes did not infringe pro wrestler Booker T's "G.I. Bro" copyright, the video game company told the Fifth Circuit during oral arguments Wednesday.

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Keeping pace with change: Insights from the core of consumer companies

McKinsey Operations

Insights from nearly 1,500 managers at North American consumer companies pinpoint areas that could improve performance and make operations more nimble.

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The Conundrum Concerning Perceived Partiality and Financial Incentives in the AIA Review Process

IP Watchdog

There is a surge of protests in the air and increased cries of “structural bias” concerning the Patent Trial and Appeal Board’s (PTAB’s) granting of patent reviews, fueled by the July report issued by the U.S. Government and Accountability Office (GAO) revealing that 75% of surveyed PTAB judges said that control by office directors and Board management affected their autonomy.

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Where’s Waldo: Global Discovery and Finding a Corporation

Patently-O

by Dennis Crouch. This post is about using U.S. Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. In 1938, the Federal Rules of Civil Procedure were adopted in the U.S., including powerful and expansive procedures for automatic disclosures and forced discovery.

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Matthew Sharp

Herbert Smith Freehills

Profile Picture : First Name : Matthew. Last Name : Sharp. Job Title : Associate (Australia). Phone Number : +44 20 7466 2863 +44 20 7466 2863. Email : Email matthew.sharp@hsf.com.

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Intellectual Property Rights Involved in Advertising Campaigns

Kashishipr

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Therefore, brands and businesses need to be aware of Intellectual Property Rights (IPRs) that come into action when it comes to drafting and finalizing the content of an advertisement or running an advertising campaign.

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How companies can transform their ESG practices using intangible assets

IAM Magazine

Organisations cannot afford to be indifferent to their environmental, social and governance practices. Intangible assets offer a unique framework for adding value and calming doubts about return on investment for shareholders.

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NBA, NHL, MLB Launch Trademark Suits Against E-Sellers

IP Law 360

The NBA, MLB and NHL filed three separate lawsuits in Illinois federal court Wednesday alleging infringement of their copyrights and trademarks by online sellers located in China and other countries.

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Judgment day: could UPC judges harmonise international patent law?

IAM Magazine

The imminent appointment of judges to the UPC has sparked debates over whether and how far patent law across Europe might be coordinated and how, if successful, it could transform the EU patent law landscape

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SG's Take On Patent Enablement Seen As An Expansion

IP Law 360

In urging the U.S. Supreme Court to reject an appeal by Amgen involving the patent enablement requirement, the U.S. solicitor general has stated an expansive view of the provision that may be impossible for some inventions to meet, experts say.

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