Sat.Mar 25, 2023 - Fri.Mar 31, 2023

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Why the Internet Archive Lost

Plagiarism Today

On Friday, a judge ruled in favor of the publishers against the Internet Archive. Here's why the Internet Archive lost that case. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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How Do You Pronounce a Trademark?

Erik K Pelton

While there is no correct way to pronounce a trademark according to USPTO guidelines, sound and possible pronunciations are important considerations to make when developing a brand. Erik explains more in this podcast. The post How Do You Pronounce a Trademark? appeared first on Erik M Pelton & Associates, PLLC. While there is no correct way to pronounce a trademark according to USPTO guidelines, sound and possible pronunciations are important considerations to make when developing a brand.

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Z-Library Raises Tens of Thousands of Dollars to Keep its Pirate Library Running

TorrentFreak

Z-Library has become the go-to site for many readers in recent years by providing access to millions of books, for free. The site’s continued ability to do so was put to the test late last year when U.S. law enforcement seized over 200 domain names connected to the site. Two alleged Z-Library operators were arrested as part of a criminal investigation.

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Indigenous Art Under Licence: One Solution to the Problem of Theft of Indigenous Cultural Expression and Trade in Fake Indigenous Art (And WIPO is Working on Others)

Hugh Stephens Blog

Last fall I wrote about the ongoing problem of trade in fake Indigenous art. This applies to many genres and communities but is a particular problem in the Pacific Northwest, where I live, because of the richness of the art forms and their popularity among the public.

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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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5 Easy Mistakes Made by Filers at the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board has received it's 400th case. However, common mistakes are keeping a lot of cases from being heard. The post 5 Easy Mistakes Made by Filers at the Copyright Claims Board appeared first on Plagiarism Today.

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What is a Trademark Registration “Presentation Copy”?

Erik K Pelton

The following is an edited transcript of my video What is a Presentation Copy of a Trademark Registration? One of the recent changes at the USPTO in 2022 was the transition to electronic registration certificates. For any trademark that now becomes registered, the recipient automatically receives an electronic version of the registration certificate, and the USPTO no longer mails out a physical copy.

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Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing

IP Watchdog

The International Trade Commission (ITC) conducted an all-day hearing today featuring a range of stakeholders with interests in the World Trade Organization’s (WTO) pending decision on extending what has come to be known as the TRIPS [Agreement on Trade-Related Aspects of Intellectual Property Rights] waiver from strictly COVID-19 vaccine technologies to COVID-19 related therapeutics and diagnostics.

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The Birth, Death and Legacy of Alan Smithee

Plagiarism Today

The name Alan Smithee is one of the most infamous in Hollywood and, for a man who doesn't exist, he has a long and storied history. The post The Birth, Death and Legacy of Alan Smithee appeared first on Plagiarism Today.

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Competition in Canada Takes Another Hit: Government Gives Go Ahead for Rogers – Shaw Merger

Michael Geist

Innovation, Science and Industry Minister François-Philippe Champagne has worked hard to fashion himself as a future party leader based on boundless energy to sell Canada the world. Indeed, Champagne’s oft-repeated stories of cold calls that resulted in investments by companies such as Volkswagen and Moderna paint a picture of a minister jetting around the world in support of the Canadian economy.

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Taking fear out of innovation

McKinsey Operations

The risk and ambiguity inherent in innovation can make employees shy away from it. Creating an innovation culture where risk-taking is embraced must start at the top.

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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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Sony Music Has Serious Concerns About AI-Synthesized Vocals

TorrentFreak

Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well. From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted ? And can an AI be trained on copyrighted works without limitation? Before ChatGPT and other AI tools started to dominate the news, the music industry had already shared its concerns over the potential threats posed to its busi

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3 Count: Victorious Gambino

Plagiarism Today

The Internet Archive loses case against book publishers, Childish Gambino wins the This is America lawsuit and more. The post 3 Count: Victorious Gambino appeared first on Plagiarism Today.

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China Gains on Top Filers at European Patent Office

IP Watchdog

U.S. companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. The index showed that U.S. patent applications numbered 48,088, a 2.9% increase from 2021. However, China's filings jumped by 15.1% over 2021, keeping it in fourth place out of the top five countries of origin for applications and narrowing the gap between it and Japan, the number three filer.

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The next frontier of customer engagement: AI-enabled customer service

McKinsey Operations

AI-enabled customer service is now the quickest and most effective route for institutions to deliver personalized, proactive experiences that drive customer engagement.

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Major Publishers Mull Legal Action Against Pirate Ebook Platform

TorrentFreak

There’s something special about professionally produced textbooks. From the information inside to the tactile feel of the paper, textbooks can be items of beauty. Unfortunately, reality rains on the parade more than just a little. Textbooks are bulky, woefully underpowered for mass research purposes, and then suddenly out date for any number of reasons.

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3 Count: Not the Rock

Plagiarism Today

Movie/TV studios reach settlement in pirate site case, Chinese authorities shutter anime site and GTA 6 leaks result in copyright notices. The post 3 Count: Not the Rock appeared first on Plagiarism Today.

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The Latest Bill C-11 Debate: Sacrificing Freedom of Expression for Quebec Culture Lobby Support

Michael Geist

The Bill C-11 debate continued for hours in the House of Commons yesterday with a dispiriting discussion featuring MPs from all sides ignoring or exaggerating the implications of the bill. The debate often seemed to gravitate to two polar opposites: either the bill is China or North Korea-style censorship or it has no implications for freedom of expression and the regulation of user content.

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Space: The missing element of your strategy

McKinsey Operations

The space sector is at an inflection point similar to what commercial air travel experienced after World War II and the internet saw in the 1990s. Is your company ready to capture the opportunity?

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Meta’s Anti-Piracy Deal: How Facebook & Broadcasters Kill Live Pirate Streams

TorrentFreak

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Social media platforms like Facebook are admittedly quick and easy, but such positives are quickly overwhelmed by extraordinary privacy issues, not to mention centralized control. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

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3 Count: Dead Doll

Plagiarism Today

Judge sides with photog in case against Deadly Doll, Mediaset signs anti-piracy partnership with Meta and Art Basel targets NFT knockoffs. The post 3 Count: Dead Doll appeared first on Plagiarism Today.

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A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use

IP Watchdog

Following the Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v. VIP Products LLC last week, I was reminded of an article I penned years ago for Cardozo Arts & Entertainment Law Journal exploring the boundaries of parodies when up against allegations of trademark infringement and dilution. That article observed: "Many of the trademark parody cases do not spend time analyzing what a parody is.

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U.S. Copyright Office Launches New Artificial Intelligence Initiative

JD Supra Law

The U.S. Copyright Office published new guidance on the registration of works containing artificial intelligence ("AI")-generated material and announced public roundtables on the intersection of AI and copyright.

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Canadian ISPs Blocked Pirate IPTV & Logged Customer IP Addresses

TorrentFreak

When the first pirate site blocking applications began to gather momentum in Europe, those concerned about where it all might lead spoke of slippery slopes and thin ends of wedges. More than 15 years later, judges in dozens of countries have not only approved blocking injunctions that target static sites but are also happy to hand down flexible orders designed to rapidly counter new domains, proxies, and mirrors.

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The Bizarre Battle Over Dark and Darker

Plagiarism Today

A battle between two South Korean video game developers has been going on for nearly two years and has taken some very wild turns. The post The Bizarre Battle Over Dark and Darker appeared first on Plagiarism Today.

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U.S. Government Sides with Teva in Skinny Label SCOTUS Fight

IP Watchdog

The U.S. Solicitor General on Wednesday filed an amicus brief with the United States Supreme Court advising it to grant Teva Pharmaceuticals’ petition for writ of certiorari relating to generic manufacturers’ liability for infringement through the use of “skinny labels” on generic drugs. The SG’s brief said that the U.S. Court of Appeals for the Federal Circuit (CAFC) got it wrong, and that the decision could upend the careful balance contemplated by the Hatch-Waxman Amendments between incentivi

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5 Quick Tips about Annual Reports in Puerto Rico

Cogency Global

What this is : In Puerto Rico, filing an annual report is a legal requirement for corporations and limited liability companies (LLCs) to maintain compliance with the government and keep their status in good standing. What this means : The annual report provides the Puerto Rico Department of State with important information about the entity, such as its name, registered agent and financial data.

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CD Projekt’s Legal Pressure Pushes GOG-Games to The Dark Web

TorrentFreak

As the creator of The Witcher series and Cyberpunk 2077, game developer CD Projekt won the hearts of millions of gamers. The Polish company also scored points when it spoke out against DRM on numerous occasions, including the ‘FCKDRM’ campaign promoted by its game distribution service GOG. The anti-DRM stance is laudable but also has its drawbacks.

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3 Count: 138% Raise

Plagiarism Today

BMI wins a major victory at rate court, Nigeria gets a new copyright act and Kick streamers flout copyright law. The post 3 Count: 138% Raise appeared first on Plagiarism Today.

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Fulfilling the potential of US higher education

McKinsey Operations

With bold, decisive action, the US higher education sector could expand its impact, deliver on its promise of more-equitable outcomes, and improve the nation’s economic competitiveness.

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Third Circuit follows Second in protecting medical journals against trade libel claims

43(B)log

Pacira Biosciences, Inc. v. American Soc’y of Anesthesiologists, Inc., F.4th -, 2023 WL 2621131, No. 22-1411 (3d Cir. Mar. 24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable.

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MPA, Amazon & Apple Win $30m in Damages Against Pirate IPTV Services

TorrentFreak

Operators of pirate IPTV services in the United States risk prison sentences and civil copyright infringement lawsuits when things don’t go to plan. The recent 66-month sentence handed to YouTuber ‘Omi in a Hellcat’ is one example with a particularly hefty price tag – $30+ million in restitution. IPTV services operated by Texas resident Dwayne Johnson weren’t as big or as profitable, but certainly important enough for Hollywood to step in with overwhelming resources

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IPIC and National Research Council Collaborates to Create the IP Assist Program for SMEs

IPilogue

Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. The National Research Council of Canada (NRC) Industrial Research Assistance Program (IRAP) and the Intellectual Property Institute of Canada (IPIC) have partnered to offer the IP Assist program for Canadian small and medium-sized enterprises (“SMEs”). IPilogue readers may have seen Serena Nath ’s recent coverage of another CIC program, ElevateIP , which provides funding for a similar purpose through a different

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SpicyIP Tidbit: Additional Records Allowed Before Framing of the Issues Says the Delhi High Court

SpicyIP

Image from here Recently, on 6th March 2023, in Bennett Coleman & Co. vs ARG Outlier Media Pvt Ltd , a case concerning trademark infringement the Delhi High Court allowed the application for placing additional documents on records. But what makes this case worth tidbit- ing is the court’s open remarks and clarifications on adding new documents on record.

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Winning in China: Top priorities for global apparel and fashion brands

McKinsey Operations

Despite a challenging landscape, China remains one of the most attractive markets in the world for multinational companies that can strike a balance between global and local.

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MPA and RIAA Megaupload Lawsuits Are Now ‘Inactive’

TorrentFreak

More than a decade has passed since Kim Dotcom’s file-storage empire Megaupload collapsed after becoming the prime target in a high-profile law enforcement operation. The U.S. Government booked an early result in 2015 when programmer Andrus Nomm was handed a one-year prison sentence following a plea deal. The case lit up again last year when two of the three remaining defendants, Mathias Ortmann and Bram van der Kolk, signed an agreement to be charged in New Zealand and avoid extradition t