Tue.Mar 21, 2023

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3 Count: Uncontrolled Lending

Plagiarism Today

The Internet Archive has tough day in court, major labels seek extra damages from Grande and The Weeknd settles a song case. The post 3 Count: Uncontrolled Lending appeared first on Plagiarism Today.

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Internet Archive’s Copyright Battle with Book Publishers Nears Climax

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is a non-profit organization that scans physical books, which can then be lent out to patrons in an ebook format. Staying true to the centuries-old library concept, only one patron at a time can get a copy.

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Plagiarism in Pop Culture: American Auto

Plagiarism Today

In the sitcom American Auto, the company's designer and lawyer respond comically bad to a fear of being wrongly accused of plagiarism. The post Plagiarism in Pop Culture: American Auto appeared first on Plagiarism Today.

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What will it take for nuclear power to meet the climate challenge?

McKinsey Operations

Nuclear power can be an important part of the energy transition. Scaling the industry to meet increasing electricity demand will require leaders to mobilize quickly and efficiently.

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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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All Inventors are Human; All Humans are Inventors

Patently-O

by Dennis Crouch Petitioners in Thaler v. Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? Thaler Petition for Writ of Certiorari. Only a court with substantial hubris would be willing to take-on this case, but I’m confident that the Supreme Court is up for the task.

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‘It’s Raining Cats and Caterpillars!: How a Lack of Evidence Killed the CAT’

IPilogue

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? Apparently, the cat has been let out of the bag on this one. On January 10th, 2023, the Federal Court of Appeal released one of its first trademark decisions of the year in Puma SE v Caterpillar Inc. , 2023 FCA 4.The Fe

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CCC’s RightFind Cite It Reference Management Software Now Available for PowerPoint

Velocity of Content

In response to overwhelming client feedback, CCC is excited to announce that we are making it easier than ever to automatically manage references when working in Microsoft PowerPoint. Life science companies trust RightFind Cite It to simplify reference management by formatting citations with relevant styles in Microsoft Word, and now these important capabilities are available for PowerPoint.

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Trademark Insight 02/2023 – European Union & Germany Current trademark law decisions from Alicante, Luxembourg and Germany.

JD Supra Law

Dear Readers, Last month again saw some interesting decisions, which we have compiled for you in the current issue of TRADEMARK INSIGHT. Below you will find our summaries of decisions of the BPatG, the EUIPO Boards of Appeal and the EUGC. Decisions dealing with graphical representation and distinctiveness of a "positional tactile mark", invalidity of a repeat application due to bad faith as well as right-preserving use of a smiley 3D mark are likely to be particularly exciting.

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Generative AI Tools Can Present IP Risks, But They’re Manageable

IP Intelligence

The sudden increase in news coverage of generative artificial intelligence (AI) tools like ChatGPT and Midjourney has employees excited to discover how these accessible tools can make their jobs easier. Employers are concerned about the legal implications of using such tools, and they are exploring different approaches for their own AI usage policies.

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To AI or Not to AI: U.S. Copyright Office Clarifies Options

JD Supra Law

The U.S. Copyright Office has weighed in with formal guidance on the copyrightability of works whose generation included the use of artificial intelligence (AI) tools. The good news for technology-oriented human creative types: using AI doesn’t automatically disqualify your work from copyright protection.

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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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The Government’s Fishing Expedition: Why the Bill C-18 Motion Establishes a Dangerous Precedent For Those Who Dare to Oppose Legislation

Michael Geist

The Canadian Heritage committee moved ahead yesterday with a Bill C-18 motion that should strike fear in any group that participates in the political process. In a chaotic few minutes toward the end of the meeting, Liberal MP Anthony Housefather introduced a new motion that removed some of the worst of the authoritarian-style provisions previously proposed by the Parliamentary Secretary to the Minister of Canadian Heritage that demanded the private communications of potentially thousands of Ca

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Patent Poetry: US Copyright Office: Use of AI Must Be Disclosed

JD Supra Law

The US Copyright Office has issued a statement of policy to clarify its practices for examining and registering works that contain material generated by the use of artificial intelligence (AI) technology. AI is very much in the news these days, as seemingly every week brings new developments like GPT-4.

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How to Use a Qualification Matrix

Christopher Roser

In my last post, I described how to build a qualification matrix (also skill matrix, competence matrix, or Q-Matrix). In this post I will go into more detail on how to use a qualification matrix. By itself, the qualification matrix is a pretty simple but useful tool. This post will help you to get the. Read more The post How to Use a Qualification Matrix first appeared on AllAboutLean.com.

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Celebrating Women in Tech: Women Inventors

JD Supra Law

There is an impressive number of everyday (and not-so-everyday) items invented by women. While we would have liked to feature them all, we chose five for today's Celebrating Women in Tech segment.

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Investing in real estate

Nelligan Law

Reading Time: < 1 minutes Due dilligence is key Investing in real estate can be a great way to create a new stream of income, but it’s not without its risks. Without proper due diligence, those investing in real estate can face both legal and financial consequences that can quickly counteract any potential gains. This applies to every type of investment whether you want to be a landlord to residential tenants, start an AirBnB, or invest in a commercial property.

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Copyrightability of AI-Generated Works

JD Supra Law

In recent months, we have been saturated with media coverage involving artificial intelligence (“AI”). Almost daily there are articles about AI platforms including DALL-E, Midjourney, Stable Diffusion and ChatGPT, alternatively heralding AI as a great resource or a fearsome scourge to humanity.

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The Handwriting is on the IP Wall: Inventors and Content Creators are in the Same Sinking Boat

IP Close Up

When it comes to declining respect for intellectual property rights inventors and content creators, such as photographers, musicians and writers, as well as some trademark Continue reading

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Sound of Silence: Petition to the Supreme Court, Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc

JD Supra Law

Novartis and Accord Healthcare, Inc. are embroiled in a patent infringement suit concerning Novartis’ blockbuster multiple sclerosis drug Gilenya. Our previous articles Sound of Silence: Claiming Negative Limitations, and Sound of Silence: Take Two discussed two related decisions: Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., 21 F.4th 1362 (Fed.

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Want to Create Sustainable Art? Here is Your Comprehensive Guide.

Art Law Journal

Explore the world of sustainable art and learn about eco-friendly materials and practices for environmentally conscious artists. Join the movement to create a greener future in the art industry.

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Last Week In The Federal Circuit (March 13 – March 17): A reminder that motivation doesn’t need to be found in the prior art references themselves

JD Supra Law

The Court had a busy week as the weather begins to turn, and those with school-aged kids begin to plan for spring break. This week we look at the Court’s latest reminder that obviousness is a flexible analysis, so below we provide our usual weekly statistics and a brief discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.

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Women’s History Month: Science is for Everyone

U.S. Department of Commerce

Women’s History Month: Science is for Everyone March 21, 2023 KCPullen@doc.gov Tue, 03/21/2023 - 16:52 By Dr. Jeanette Davis, Marine Microbiologist and Policy Advisory, National Oceanic and Atmospheric Administration (NOAA) My name is Dr. Jeanette Davis. I am Marine Microbiologist and Policy Advisor to the Deputy Undersecretary at the Commerce Department’s National Oceanic and Atmospheric Administration (NOAA).

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The McKinsey Crossword: Room for Expansion | No. 120

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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Post Malone Inks 11th-Hour Deal Ahead Of 'Circles' IP Trial

IP Law 360

Post Malone and an artist who claims he helped write the rapper's hit song "Circles" reached an out-of-court settlement Tuesday morning just ahead of a California federal jury trial that was set to commence.

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Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act

IP Watchdog

The U.S. Supreme Court today heard oral arguments in Abitron Austria GmbH v. Hetronic International, Inc., which asks the Court to consider whether the U.S. Court of Appeals for the Tenth Circuit erred in applying the Lanham Act extraterritorially to Abitron’s foreign sales, “including purely foreign sales that never reached the United States or confused U.S. consumers.

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Pot Candy Co. Ordered To Stop Selling Nerds Knockoffs

IP Law 360

A Colorado federal judge has ordered a cannabis edibles maker to stop producing and selling products that infringe the Nerds, Runts and Trolli copyrights, as well as to destroy any of its existing infringing products and disgorge its profits to the holder of those trademarks.

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CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (Summer 2023)

IPilogue

Please send your completed applications to ipinnovationclinic@osgoode.yorku.ca. The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities.

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Generative AI Tools Can Present IP Risks, But They’re Manageable

LexBlog IP

The sudden increase in news coverage of generative artificial intelligence (AI) tools like ChatGPT and Midjourney has employees excited to discover how these accessible tools can make their jobs easier. Employers are concerned about the legal implications of using such tools, and they are exploring different approaches for their own AI usage policies.

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Today at noon EST: free HLS webinar on developing professionalism in students

43(B)log

Developing Professionalism in Students Register here: [link] Noon EST, March 21 What is professionalism for a lawyer? How can we as teachers help students develop professional identities in ways that honor their diversity and commitments? Norms of professionalism can be exclusionary, even when our students adapt consciously and strategically to them.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

Here are three recent appeals from Section 2(d) refusals. As previously mentioned, a former TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the involved goods and services. How do you think theses three cases came out? [Results in first comment]. Better Life Nutritional Supplements, LLC , Serial No. 90389844 (March 13, 2023) [not precedential] (Opinion by Judge Cindy B.

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Rare Enforcement Notice Issued by UK Advertising Regulator for “Hot Air” Ads

IP Tech Blog

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating. As noted in our previous blog , the ASA recently banned a number of ads which suggested that electric plug-in mini heaters would save consumers money while quickly and efficiently heating a room.

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Widening Circuit Split, Eleventh Circuit Decides Retroactive Damages Are Recoverable for Timely Copyright Claims

LexBlog IP

The U.S. Court of Appeals for the Eleventh Circuit widened a circuit split regarding whether a plaintiff may obtain damages for copyright infringement occurring more than three years before filing suit pursuant to the three-year statute of limitations under the Copyright Act, 17 U.S.C. § 507(b). Joining the Ninth Circuit and disagreeing with the Second Circuit, the Eleventh Circuit held that under its circuit’s discovery accrual rule for copyright claims, a copyright plaintiff may rec

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The Impact that the FTC's Proposed Ban on Non-Compete Agreements will have on Trade Secrets

JD Supra Law

Many employers in Massachusetts use non-competes to protect their intellectual property. Non-compete agreements may be overly broad for that narrow purpose but their virtue is that it is much easier to detect their violation than it is to detect the violation of non-disclosure agreements and non-solicitation agreements.

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White & Case Adds 10-Atty IP Team From Paul Hastings

IP Law 360

White & Case LLP has hired a 10-lawyer group, led by intellectual property litigation partners Yar Chaikovsky and Phil Ou, from Paul Hastings LLP to expand its West Coast presence, the firm announced Tuesday.

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A Later-Filed Unattacked Registration Establishes Priority in Board Proceedings

LexBlog IP

In a precedential decision, The Trademark Trial and Appeal Board (“TTAB”) refused to reconsider its decision sustaining an opposition to registration of the mark “LOVETTE” on the basis of likelihood of confusion with the mark “NNENNA LOVETTE.” Nkanginieme v. Appleton , 2023 TTAB LEXIS 64 (TTAB Mar. 7, 2023). In its request for reconsideration Applicant, Lovette Appleton, argued that the TTAB had improperly found that priority was not at issue based on Opposer&

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Patent Climate Change Program Targets Greenhouse Gas Emissions

JD Supra Law

In June 2022, the US Patent and Trademark Office (“USPTO”) launched the Climate Change Mitigation Pilot Program (the “Program”). This program was enacted to support President Biden’s January 27, 2021 Executive Order, which emphasized that “[t]here is little time left to avoid setting the world on a dangerous, potentially catastrophic, climate trajectory.