Sat.Jun 18, 2022 - Fri.Jun 24, 2022

article thumbnail

The John Hughes Plagiarism Scandal

Plagiarism Today

On June 9th, Anna Katharine Verney at the Guardian Australia published a lengthy analysis of the John Hughes book The Dogs. The book was on the longlist for the Miles Franklin prize, widely considered to be the highest literary prize in Australia. However, according to The Guardian, the book contained many similarities to a 2017 English translation of the book The Unwomanly Face of War by Svetlana Alexievich.

article thumbnail

Each trademark application has a unique blueprint

Erik K Pelton

A lot of design and planning goes into the drafting and filing of a trademark application at the USPTO, each application has a unique blueprint. The post Each trademark application has a unique blueprint appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Design Patent: Invalid as Unduly Functional

Patently-O

by Dennis Crouch. Golden Eye Media USA v. Evo Lifestyle Products ( Fed. Cir. 2022 ) (nonprecedential). Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. This style of bag is known as a “trolly bag” in the UK and is used in shopping carts (trollies) to maintain order in reusable fashion.

article thumbnail

Sustainable and inclusive growth: A weekly briefing

McKinsey Operations

A new era is possible—one that sees growth and societal benefits as complementary goals that reinforce each other. Our weekly digest of McKinsey insights explores the topic.

140
140
article thumbnail

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?

article thumbnail

Using the Copyright Small Claims Board to Fight Essay Mills

Plagiarism Today

In December 2020, the United States government passed the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). The act, to put it simply, created the Copyright Small Claims Board (CCB), a “small claims court” to hear copyright infringement disputes. In the one and a half years since, the U.S. Copyright Office has been working to launch the board.

Copyright 291
article thumbnail

Paris Hilton is One of the First Defendants at the ‘Small’ Copyright Claims Board

TorrentFreak

Last Thursday, the US Copyright Claims Board went live. Through this venue, hosted at the Copyright Office, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

Copyright 140

More Trending

article thumbnail

Amicus Brief filed in Vans v. MSCHF

Likelihood of Confusion

This is an important trademarks / free speech case. I got in on an edge of it! The post Amicus Brief filed in Vans v. MSCHF appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 138
article thumbnail

3 Count: Small Claims, Open Doors

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge in Maryland Strikes Down Library e-Book Law. First off today, Hillel Italie at the Associated Press reports that a judge in Maryland has shot down a law that would have required publishers to make e-books available on “reasonable terms” to libraries in the state.

article thumbnail

MANGA Plus Invites Users to Confess Piracy & Name Most-Used Pirate Sites

TorrentFreak

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade. However, powered by a global Internet and passionate fans with translation abilities, scanned copies of manga titles first trickled and then flooded into the West, creating a massive market and future demand for this Japanese cultural product where none previously existed.

article thumbnail

Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

SpicyIP

Justice Pratibha Singh of the Delhi High Court, vide judgment dated 3 June 2022 in Vishal Pipes Limited v. Bhavya Pipe Industry , held that all the IPR disputes, irrespective of their valuations, should be listed before the commercial district court judges. If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not.

IP 126
article thumbnail

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.

article thumbnail

Book Review: Intellectual Property as a Complex Adaptive System

The IPKat

This Kat is delighted to review “ Intellectual Property as a Complex Adaptive System ” (eds. Anselm Kamperman Sanders and Anke Moerland, 2021), the latest publication within EIPIN series of Edward Elgar. The book opens with Anselm Kamperman Sanders and Anke Moerland advancing their vision as to why intellectual property (IP) must be regarded as a complex adaptive system (CAS).

article thumbnail

CX without design only gets you halfway

McKinsey Operations

When mapping out the customer journey, combining traditional CX practices with user-centered design processes has proven to bring the greatest value.

Designs 137
article thumbnail

Takedown Notice Wipes Game Boy Advance Emulator From GitHub

TorrentFreak

Playing games using browser-based emulators is a niche pastime of some of the most dedicated gamers. For Game Boy Advance fans there are a few websites that offer this option, albeit without permission from Nintendo. While emulators that utilize all of their own code don’t break the law, they can face legal issues when packaged with pirated ROMs and distributed to the public.

Copying 133
article thumbnail

Senators Urge Copyright Office to Reject DLC Request for Delayed Payments to Songwriters

IP Watchdog

A bipartisan group of senators on Friday sent a letter to Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, expressing their concern about a letter sent by the Digital Licensee Coordinator (DLC) to the Office requesting that any obligation of DLC member companies to make retroactive royalty payments to copyright owners as a result of an imminent decision be delayed.

Copyright 124
article thumbnail

Why the Golden Bear is Actually Going to Court: Nicklaus Company v Jack Nicklaus

IPilogue

Andrew Masson is an IPilogue Writer and 2L JD candidate at Osgoode Hall Law School. . One of the biggest names in golf that is not Tiger Woods, Jack Nicklaus is being sued by Nicklaus Companies L.L.C. for breach of a $145 million deal for the exclusive use what is being incorrectly reported as “name, image, and likeness (NIL)”. Nicklaus, also known as The Golden Bear, is 82 years old and widely regarded as one of the greatest golfers of all time.

Contracts 119
article thumbnail

Are personalized vitamins the future of wellness?

McKinsey Operations

Two fast-growing vitamin companies, HUM Nutrition and Vous Vitamin, are betting on personalization. Listen to their CEOs discuss the biggest trends in consumer health and wellness.

121
121
article thumbnail

Torrent Site Blockades Don’t Change Old Piracy Habits Right Away

TorrentFreak

In March, a Dutch court ordered local ISP Delta to block access to the torrent sites 1337x, LimeTorrents, YTS, RARBG, Kickasstorrents and EZTV. In addition to the main domains, a long list of proxies and mirrors are included as well. And if new domains pop up, these can be swiftly blocked too. This is the second site blocking order in the Netherlands and a big win for local anti-piracy outfit BREIN.

IP 128
article thumbnail

CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

On June 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S. Design Patent No.

article thumbnail

Compulsory licensing for expensive medicines: KCE report

SpicyIP

The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. This report comes at an opportune moment. Public attention for intellectual property rights and the role it plays in the pharmaceutical sector has significantly revived due to Covid 19. The report does not focus on compulsory licenses (CLs) in emergency situations (like the Covid pandemic), but on the potential to use compulsory licenses for ‘excessively p

Licensing 119
article thumbnail

New operations management systems for a digital world

McKinsey Operations

Now is the time to redefine management disciplines with a modern tool kit powered by technology. The organizations that embark on this journey sooner will achieve the benefits from a culture of innovation.

article thumbnail

Megaupload Pair Plead Guilty, Kim Dotcom Turns Anger on Former Friends

TorrentFreak

After 10 years of legal battles following the closure of Megaupload, former executives Mathias Ortmann and Bram van der Kolk want to put their ordeal behind them. The prospect of being extradited to the United States to face copyright infringement, racketeering and money laundering charges proved to be a heavy burden for the men, so when an opportunity emerged to stay in New Zealand, they took it.

article thumbnail

‘In Good Hands’: As Hirshfeld Reflects on His Long Career, Vidal Preps for USPTO’s Future

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal and outgoing Acting Deputy Director Drew Hirshfeld joined IPWatchdog’s CEO and Founder Gene Quinn today to discuss Hirshfeld’s nearly 30-year career with the Office, as well as Vidal’s philosophy as she embarks on her journey as the new Director. Vidal emphasized the importance of dialogue in shaping USPTO practices and processes but said she also will not wait around indefinitely on input over doing “what’s right for the country.

Trademark 119
article thumbnail

IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

SpicyIP

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure.

IP 119
article thumbnail

Proposed climate rule signals new era for real estate

McKinsey Operations

The SEC’s draft regulation would require all public companies to disclose emissions and risks related to their real estate. Here’s why the real-estate industry should move preemptively.

118
118
article thumbnail

Brazil’s Targets ‘Metaverse’ Piracy in Latest “Operation 404” Crackdown

TorrentFreak

In the fall of 2019, Brazilian law enforcement agencies conducted a large anti-piracy campaign codenamed ‘Operation 404,’ referring to the well-known HTTP error code. With help from law enforcement in the United States and the United Kingdom, the authorities took down more than a hundred sites and apps, while several suspects were arrested. In the following years, several new waves of anti-piracy action followed.

article thumbnail

The metaverse, NFTs and IP rights: to regulate or not to regulate?

WIPO Magazine

Over the last year, the metaverse and NFTs have fueled debates about their anticipated global impact and the question of whether there is an urgent need for new regulations to adapt to these new innovations.

IP 117
article thumbnail

What legal lines can’t NFTs cross? The Nike v StockX lawsuit may provide answers

IPilogue

Anita Gogia is an IPilogue Writer and an incoming 2L JD Candidate at Osgoode Hall Law School. On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike alleges that StockX is selling unauthorized non-fungible tokens (“NFTs”) of Nike sneakers. These issues are novel in their involving the metaverse.

article thumbnail

Strengthening collaboration in the European space ecosystem

McKinsey Operations

European space partnerships are complex, spanning multiple countries and organizations. A new approach can help all participants unite behind shared goals.

123
123
article thumbnail

DMCA Subpoena to Unmask Twitter User Hits Fair Use & Constitutional Roadblock

TorrentFreak

Around October 2020 a Twitter user called ‘ MrMoneyBags ‘ began posting critical messages targeting billionaires. Brian Sheth, the former President of Vista Equity Partners, a private equity fund based in Austin, Texas, received special attention. MrMoneyBags posted six tweets accompanied by photos, with added commentary relating to Sheth’s wealth and his alleged lifestyle. “Brian Sheth has upgraded in his personal life.

Fair Use 125
article thumbnail

Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights. As the court discussed, Around December 2021, defendant Mason Rothschild created digital images of faux-fur-covered versions of the luxury Birkin handbags of plaintiffs Hermes International and Hermes of Paris, Inc.

article thumbnail

A Legal View to the Availability of Information about the Health of LGBTQ2IA Communities in Ontario

IPilogue

Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Identification with LGBTQ2IA+ communities is a noted social determinant for broad health inequities. These inequities can include limited access to health care services and a corresponding lack of access to relevant health information. The Government of Ontario recognizes the collection and use of data from minority populations as a critical step in improving social, economic, political, and financial inequities.

article thumbnail

Nature and financial institutions in Africa: A first assessment of opportunities and risks

McKinsey Operations

Africa’s climate resilience can be strengthened by redefining its economic model to leverage natural capital and designing financial systems to redirect critical nature-based investments.

Designs 111
article thumbnail

Anti-Piracy Jobs From £10/hr to ‘Let’s Talk ££’, There’s No Shortage in the UK

TorrentFreak

Alongside the explosion of online piracy services over the last couple of decades, new anti-piracy companies have emerged offering to dampen down the flames. Most have their own specialties and target markets, with some even claiming to be 99% or 100% effective in one area or another. The reality is that no sane person invests time and money into a company with a mission to ensure its own demise.

Cinema 121
article thumbnail

This Week in Washington IP: IPWatchdog Hosts Conversation with Director Vidal; Congress to Discuss Improving Predictability at the PTAB; and Mitigating Risks in New Technologies

IP Watchdog

This week in Washington IP news and events, both the Senate and the House of Representatives hold hearings looking at various aspects of the Patent Trial and Appeal Board (PTAB), including its impact on small businesses as well as ways that predictability and fairness in PTAB proceedings can be restored by Congress. Elsewhere, the American Enterprise Institute explores the current state of the debate over a waiver of international IP rights for COVID-19 vaccines, and IPWatchdog’s President and C

IP 111
article thumbnail

Content Moderators’ Lawsuit Over Traumatic Work Fails Again–Aguilo v. Cognizant

Technology & Marketing Law Blog

This case involves Cognizant, a business process outsourcer (BPO) that performed content moderation work for Facebook. (Cognizant has since exited the field). In 2021, a federal court dismissed a putative class action lawsuit against Cognizant for trauma experienced by the content moderators. See Garrett-Alfred v. Facebook. Some of the content moderators in that case filed a new lawsuit in state court, which Cognizant removed back to federal court, where the court dismisses it again.

Contracts 110