Sat.Oct 01, 2022 - Fri.Oct 07, 2022

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Why Bots Shouldn’t Decide Copyright Cases

Plagiarism Today

Last week, a judge in the Ed Sheeran Thinking Out Loud case denied a motion for summary judgment , setting the case on the path toward an eventual trial. The case pits Sheeran against Structured Asset Sales, a company that owns a one-third stake in the copyrights of Ed Townsend. Townsend, along with Marvin Gaye, co-wrote the song Let’s Get it On , which the plaintiffs argue was infringed by Sheeran’s hit.

Copyright 247
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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

Intellectual Property Law Blog

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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Erik’s #1 Tip Filing a Trademark Application

Erik K Pelton

The following is an edited transcript of my video #1 Tip When Applying For Trademark Registration. Of all of the tips that I’ve given over the years, there’s one that is far and away the most important tip when applying for trademark registration: the number one thing you can do to help your trademark application is work with an experienced attorney.

Trademark 147
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The fight against money laundering: Machine learning is a game changer

McKinsey Operations

To realize the full benefits of machine learning and advanced analytics in anti–money laundering, institutions need AML experts, strong data science talent, and reliable data sources in the fight against this type of financial crime.

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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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Tattoos and Copyright: A Potent Combination

Plagiarism Today

Last week, a jury awarded a victory to tattoo artist Christine Alexander in her long-running case against the video game company Take-Two Interactive. Alexander is responsible for some of the tattoos on WWE star Randy Orton. Take-Two, as part of their ongoing WWE 2K series, featured those tattoos on Orton’s digital representation in several of its games.

Copyright 200
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The House of Commons Committee Process is Broken

Michael Geist

Over the past year, I have watched an unhealthy amount of House of Commons and Senate committee hearings. In fact, in recent months I may have watched more of the Standing Committee on Canadian Heritage than Netflix, given hearings on Bill C-11, C-18, and the Laith Marouf issue. Having watched many hours – and appeared multiple times before that committee and others – it is time to declare the system broken.

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RIAA Thwarts Yout’s Attempt to Declare YouTube-Ripping Legal

TorrentFreak

Downloading audio and video is prohibited by YouTube’s terms of service but there are numerous ‘stream-ripping’ sites available on the web that do just that. These services are a thorn in the side of music industry outfits, who see them as a major piracy threat. The operators of these stream-ripping tools disagree and point at the variety of legal uses instead.

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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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Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Aaron Perzanowski , University of Michigan Law School. Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton.

Blogging 132
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Proper Copyright Notice

Erik K Pelton

The following is an edited transcript of my video Proper Copyright Notice. While this podcast is predominantly about trademark issues, I do from time to time like to talk about other intellectual property issues, especially copyright issues. Today, I want to share what a proper copyright notice looks like, because I do get asked this quite frequently.

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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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Hosting a Pirate Streaming Site on GitHub Isn’t the Best Idea

TorrentFreak

Running a pirate streaming site might sound complex but with help from pre-coded scripts and illicit video databases, it can be done with minimal effort. The real challenge is driving traffic to a site while ensuring it also stays online. 1.3m TikTok Views. WishFlix nailed the first part of that equation. The French streaming site actively campaigns on social media where it has booked some impressive results.

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3 Count: Melted Chocolate Bunnies

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: PS5 Has Seemingly Been Jailbroken, and People are Already Installing PT on It. First off today, Ryan Leston at IGN reports that, two years after its release, modders may finally be making progress at jailbreaking the PlayStation 5 (PS5), which may lead to pirated games and other unauthorized software being usable on the platform.

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The future of automotive computing: Cloud and edge

McKinsey Operations

The rise of 5G and edge computing will create new opportunities along the automotive supply chain. How can semiconductor companies and other stakeholders capture it?

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Litigation Blackmail: Sanctions for Gaming IPR System

Patently-O

by Dennis Crouch. OpenSky Indus v. VLSI , IPR 2021-1064 (Before Dir. Vidal). Stepping-in like a court of equity, Dir. Vidal today issued a Precedential Order finding that OpenSky had abused the IPR process. OpenSky filed its IPR petition soon after VLSI won a $2 billion judgment against Intel. At that point though, OpenSky offered to work on behalf of either VLSI or Intel.

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Kat Von D, Think Before You Ink

IPilogue

Ariel Goldberg is a 1L JD Candidate at Osgoode Hall Law School. Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. Back on February 7, 2021, award-winning professional photographer Jeffrey B. Sedlik (“Sedlik”) filed a complaint in the U.

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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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Digital twins: What could they do for your business?

McKinsey Operations

Less waste, shorter times to market, constant customer insights: the advantages of applying digital twins are many—if you get the conditions right.

Business 139
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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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3 Count: French Anti-Pirates

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: WWE, Video-Game Maker Owe Artist for Depicting Wrestler’s Tattoos, Jury Says. First off today, Blake Brittain at Reuters reports that tattoo artist Catherine Alexander has emerged victorious in a recent trial against Take-Two Interactive over the use of tattoos she created in a video game.

Licensing 170
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DNS Providers as Piracy Fighters? Enforcement Groups Weigh Options

TorrentFreak

Given the extreme financial power and political leverage held by the world’s largest entertainment companies, most obstacles can be pushed aside or simply rolled over. But exceptions do exist. In the fight against piracy, not only do the smallest gains require an unusual effort but they’re increasingly dependent on the cooperation of third parties, usually those in the online tech sector.

Music 126
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Tribute Blog in Memory of Former Register of Copyrights Marybeth Peters?

Copyright Alliance

The Copyright Alliance, along with countless members of the copyright community, warmly remembers former Register of Copyrights Marybeth Peters, who passed away on September 29 at the age of 83. […]. The post Tribute Blog in Memory of Former Register of Copyrights Marybeth Peters? appeared first on Copyright Alliance.

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IEEE Approves Pro-Patent Holder Policy Updates

IP Watchdog

On Friday afternoon, the IEEE Standards Association Board of Governors (IEEE SA BOG) announced they had taken action to update the Patent Policy for IEEE standards development. The updates, which will not go into effect until January 1, 2023, appear at first glance to be minimal, but will likely have an extraordinarily positive impact for patent owners.

Patent 124
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Sustainability in global transaction banking: A market imperative

McKinsey Operations

Sustainable financial products can propel revenue growth for banks and contribute substantially to businesses’ progress in meeting global climate goals. But success requires a strategic approach.

Marketing 123
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DMCA Scammers Exploit Sites Linked to Mental Health Issues to Boost SEO

TorrentFreak

For website operators trying to get information into the public eye, the last thing they need are legal threats claiming that they’ve infringed someone’s copyrights. Copyright lawsuits have a reputation of being expensive to defend so, when threatened, most people take the easiest way out. A new wave of copyright complaints being sent out right now offer an extremely easy off-ramp for supposed infringers.

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How to Avoid Trademark Infringement

LexBlog IP

An accusation of trademark infringement is an expensive and time-consuming inconvenience. Before using or registering a trademark for a logo or catchy slogan for your business or product, you must ensure no one else had already trademarked something similar or has been using it before you did for the same type of business. The last thing you want is to invest a lot of time, money, and effort in selecting the right trademark only to.

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USPTO Suspends Attorney-Sponsored Accounts Connected to Foreign Sponsorship Scam

IP Watchdog

Earlier this week, the U.S. Patent and Trademark Office (USPTO) suspended the sponsored accounts of two U.S. attorneys who loaned their name and bar credentials to an Indian law firm so they could file trademark submissions in violation of USPTO rules. The Indian firm used the names of the American attorneys to pose as U.S.-based attorneys and represent clients in trademark registration.

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Toxic workplace behavior and employee burnout: Fix one, fix both

McKinsey Operations

Jerks at Work author Tessa West shares research and insights about the damaging effect of toxic behavior in the workplace and offers strategies for effectively coping with it.

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United States: USPTO Grants Registration of SCOTCH WHISKEY as Certification Mark

JD Supra Law

The United States Patent and Trademark Office (USPTO) has granted the application of the Scotch Whisky Association (SWA or Association) to register SCOTCH WHISKY as a certification mark for “whisky produced in Scotland according to specific standards.” Originally published in the INTA Bulletin, August 10, 2022. Please see full Document below for more information.

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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.

Licensing 111
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Vidal’s Solution to OpenSky Abuse Encourages PTAB Extortion

IP Watchdog

There is a reason many stakeholders believe the Patent Trial and Appeal Board (PTAB) has been weaponized against patent owners. From the very outset, the first Chief Judge of the PTAB famously, or infamously, stated that if the tribunal was not doing some “death squadding” they were not doing their jobs; a rebuke to then Federal Circuit Chief Judge Randall Rader’s observation that the PTAB was nothing more than a death squad for patents.

Patent 119
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Five learnings from CTOs and tech leaders on their cloud strategies

McKinsey Operations

Recent interviews with tech executives and cloud-program leaders at 50 companies shows a gap between cloud aspirations and cloud adoption—and unclear strategy to close it.

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Manufacturing Opens More Doors to Women

U.S. Department of Commerce

Manufacturing Opens More Doors to Women. October 6, 2022. KCPullen@doc.gov. Thu, 10/06/2022 - 13:30. Manufacturing. The following is a cross-post from the U.S. Census Bureau. U.S. manufacturing experienced a substantial decline in employment from 2000 to 2010 due largely to the 2008 Great Recession but rebounded – until the Covid-19 pandemic hit in 2020.

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[Audio] Machine Learning for Environments with Bad Actors

JD Supra Law

Machine learning is a powerful tool being used in countless industries and technologies. There are, however, “Bad Actors” who have attempted to exploit this technology in ways that aren’t ideal. Joining us is Birhanu Eshete, Assistant Professor of Computer Science at the University of Michigan-Dearborn. Birhanu is a researcher and educator with vast experience in trustworthy machine learning, cybercrime analysis, and cyber threat intelligence.

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In re Smith: The Federal Circuit Jumps the Shark

IP Watchdog

Last June, Gene Quinn published an iconic article, “Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome,” in which Mr. Quinn evokes Lewis Carrol’s White Queen, “who was known to have sometimes ‘believed six impossible things before breakfast’” to describe the ridiculous nature of the Yu. v. Apple decision.

Art 115