Sat.Aug 20, 2022 - Fri.Aug 26, 2022

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Why a Million-Subscriber Channel is Suing YouTube

Likelihood of Confusion

I represent Business Casual in this matter. The post Why a Million-Subscriber Channel is Suing YouTube appeared first on LIKELIHOOD OF CONFUSION™.

Business 143
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A Frustrating Pagan Plagiarism Scandal

Plagiarism Today

Earlier this month, Pagan author Mat Auryn took to Twitter to highlight what he said was a very clear case of verbatim plagiarism of his work. According to his tweets and provided images, the book Awakening Your Witchy Intuition & Psychic Abilities , penned by an author using the name Glinda Porter, lifted whole paragraphs from his book, Psychic Witch.

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The Recipe for Strong Trademark Protection

Erik K Pelton

The following is an edited transcript of my video The Recipe for Strong Trademark Protection. The recipe for strong trademark protection is a very simple one. What you need for strong trademark protection is a creative and unique name, register it with the USPTO, use that brand name properly, and enforce and renew it as needed. The ingredients for this recipe are very straightforward and there’s just four of them.

Trademark 147
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Denuvo Promises to Kill Nintendo Switch Emulator Piracy With New Protection

TorrentFreak

Most video gamers will be familiar with the concept of an end-of-level or end-of-game ‘boss’ They take many forms but tend to present as an escalated challenge designed to prevent gamers from progressing any further. Anti-piracy company Denuvo embraces the ‘boss’ concept and drops it on its head. Anyone wanting to play a Denuvo-protected videogame without paying for it will have to defeat Denuvo’s protection right at the very beginning, before the game even starts.

Designs 144
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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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Creating a technology risk and cyber risk appetite framework

McKinsey Operations

Here’s how to build a comprehensive, measurable, and objective end-to-end risk appetite framework as a foundation for managing technology risk and cyber risk.

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3 Count: Grand Theft Copyright

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ex-White House Photographer Sued for Copyright Over His Own Photo: ‘You Can’t Make This Up’. First off today, Bevan Hurley at The Independent reports that former White House photographer Pete Souza says that he is facing legal threats over his use of a photograph he took on his own website.

Copyright 188

More Trending

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‘Pirate’ App Developer Uses DMCA to Remove ‘Stolen’ Copy from GitHub

TorrentFreak

GitHub is no stranger to copyright complaints. Last year, the developer platform removed nearly 20,000 projects in response to DMCA takedown notices. These takedowns can target all sorts of content. Major media companies often complain about software that allows people to access pirated content , for example. However, there are also instances where developers see copies of their own content elsewhere on Github, placed there by others without permission.

Copying 141
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Building the next big experiences

McKinsey Operations

Brian Solis, Salesforce global innovation evangelist, sees curiosity and empathy as integral parts in delivering new experiences in the metaverse. An edited version of the conversation from our ‘Value creation in the metaverse’ report follows.

Editing 135
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3 Count: Lover Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Taylor Swift Sued for $1 Million by Memphis-Area Poet for Copyright Infringement. First off today, Lucas Finton at Commercial Appeal reports that Taylor Swift is facing a new copyright infringement lawsuit, this one filed by a Memphis-area poet that accuses Swift of lifting her work.

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“When Thunder Roars, Go Indoors:” Lightning Safety Advice from NOAA

U.S. Department of Commerce

“When Thunder Roars, Go Indoors:” Lightning Safety Advice from NOAA. August 22, 2022. KCPullen@doc.gov. Mon, 08/22/2022 - 12:54. The following is part of a summer blog series with a focus on summer safety tips from NOAA written by Marissa Pekular (Intern) . A lightning-filled sky is a common sign of summer in many parts of the United States. Lightning is a giant spark of electricity in the atmosphere between clouds, the air, or the ground.

Blogging 135
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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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GOT Prequel “House of the Dragon” Premiered Early on Pirate Sites

TorrentFreak

When it comes to piracy records and juicy headlines, the original Game of Thrones series holds the crown. The popular TV series still holds the record for the largest torrent swarm and its releases caused a significant boost in global piracy traffic. Game of Thrones also made headlines on several occasions when episodes leaked online before their official premiere.

Copying 131
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The digital reinvention of enterprise tech go-to-market

McKinsey Operations

As customers demand both transformational expertise and simplified, self-serve experiences, the traditional enterprise sales playbook is being disrupted from the top down and bottom up.

Marketing 134
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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. Vivek Basanagoudar is a fourth year law student at Jindal Global Law School.

Trademark 130
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GSK Argues Unusual Facts of Case Behind Teva’s SCOTUS Petition Limits CAFC’s Skinny Label Holding

IP Watchdog

On August 19, British brand name pharmaceutical firm GlaxoSmithKline (GSK) filed a brief with the U.S. Supreme Court opposing a petition for writ of certiorari filed by generic drugmaker Teva Pharmaceuticals. Teva’s petition appeals a decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) reinstating a jury verdict that found Teva liable for inducing infringement of GSK’s patents covering the heart failure treatment, Coreg.

Branding 126
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Private Torrent Site User Faces Prison After Sharing 40 Movies

TorrentFreak

The vast majority of BitTorrent users prefer ‘public’ torrent sites such as The Pirate Bay. There are no barriers to entry and no rules to follow. It’s quick and convenient. Private torrent sites work on a membership basis, with an invitation required for entry. Once admitted, users must keep their accounts in good standing, which usually means balancing whatever they download with comparable uploads.

Copyright 133
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Freelance, side hustles, and gigs: Many more Americans have become independent workers

McKinsey Operations

Independent work is booming, the American Opportunity Survey shows. For these workers and society, the upsides and drawbacks are all part of the gig.

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Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273)

Technology & Marketing Law Blog

[I published this anti-AB 2273 op-ed in Capitol Weekly. For more on the problems with AB 2273, see my deep dive and short explainer.]. The California Legislature is aggressively pursuing several wide-sweeping and radical proposals to regulate the Internet. One especially problematic bill is AB 2273, the California Age Appropriate Design Code Act (AADC).

Privacy 126
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Book Review: Once Upon a Time, the Patent

The IPKat

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. I will mention several interesting episodes in this connection covered in Attali’s book. The storyline opens in the 14th-centrury Venice, where guilds are protecting their know-how through mechanisms of secrecy, which do not allow craftsmen to leave the guild (an early form of the "Ho

Patent 123
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Metadata Ruling Gives YouTube a Timely Boost in Content ID Lawsuit

TorrentFreak

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. This metadata might include the name of the person who created the file but it can be much more comprehensive. Photographs may carry metadata identifying the exact location where they were taken, while MP3 files could include the title, artist, album, track number, and BPM, to name just a few possibilities.

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CAFC Snubs Inventor’s Argument that 101 Rejections Violate APA

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision issued today, affirmed a Patent Trial and Appeal Board (PTAB) finding that claims to a computer system for identifying eligibility for Social Security Disability Insurance (SSDI) benefits are invalid as patent ineligible. The opinion was authored by Judge Chen. The case originates from an examiner’s rejection of Jeffrey Killian’s claims of U.S.

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Best of 2014: Consensus in Cleveland

Likelihood of Confusion

First posted on March 12, 2014. Far be it from me to compare myself to the distinguished former Chief Judge of the Federal Circuit, the Hon. Paul R. Michel — The post Best of 2014: Consensus in Cleveland appeared first on LIKELIHOOD OF CONFUSION™.

IP 116
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Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

Technology & Marketing Law Blog

This is one of the dozens of lawsuits alleging that social media services addict kids. Those cases cover the same ground as CA AB 2408 , which recently died in the California legislature. The plaintiffs’ lawyers are proceeding in court anyway. These plaintiffs sued in Oregon. Snap sought to move the case to Central District of California. (Facebook acquiesced to Snap’s motion).

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Yout.com Site Blocking ‘Whack-a-Mole’ Continues in Peru

TorrentFreak

When ‘pirate’ sites are blocked by ISPs, the operators often get creative and find ways to bypass these restrictions. In Peru, the opposite appears to happen. After the stream-ripping portal Yout.com challenged a local blockade, the authorities simply blocked it again. For the full context, we have to go back more than a year. Last spring local ISPs were ordered to block Yout.com and other stream-ripping sites as a precautionary measure, while the authorities conducted their investig

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Moderna sues Pfizer, BioNTech over COVID-19 mRNA Vaccine Patents

IP Watchdog

Moderna sues Pfizer and BioNTech over the mRNA vaccine patents behind the COVID-19 vaccines. Moderna is not seeking to remove Comirnaty® from the market and is not asking for an injunction to prevent future sale, nor damages related to Pfizer's sales for any COVID-19 vaccine used in 92 low- and middle-income countries. Moderna is represented by Wilmer Cutler Pickering Hale and Dorr.

Patent 111
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CALL FOR APPLICATIONS: IP Innovation Clinic Fellows (2022/23 Academic Year)

IPilogue

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (3-5 positions). It is expected that the majority of the work done by students will relate to patent and/or trademark law.

IP 106
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OM Weekly Digest 08/25/22

Olartemoure Blog

08/25/22 – IP Transfer. Colombia’s Sci-Tech Ministry most recently regulated the creation of Spin-Off companies, fostering Innovation, Science and Technology in Higher-Education Institutions. This new regulation establishes four types of spin-off companies that were not defined in current Law. It now opens up new resources for Spin-Off companies thus allowing these organizations to apply for Colombian tax benefits.

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YouTube Fires Back in Content ID Lawsuit Haunted By Fraud Allegations

TorrentFreak

Given the very nature of the platform, right from the start YouTube’s future was never destined for plain sailing across a sea of tranquility, underpinned by promises of equality for all. YouTube’s many achievements are hard to deny. It has provided the tools for ordinary people to achieve extraordinary things, but not all creators and artists are treated equally.

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Introduction to the Metaverse: Regulatory Outlook in China and Singapore

JD Supra Law

“Metaverse” is generally used to describe any virtual world where users can interact using digital avatars. There are seven layers to any metaverse: infrastructure, human interface, decentralization, spatial computing, creator economy, discovery, and experience (such as games, social interactions, esports, theater, and shopping). Users create an avatar and can then enter existing metaverses through a virtual reality headset or from a computer, tablet, or phone.

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No laughing matter – Lawsuits for protection of copyright in Stand-up Comedy

IPilogue

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. Streaming giant Pandora has been hit with multiple copyright infringement lawsuits. In early February 2022, Pandora was sued in a series of lawsuits from the estates of comedians such as Robin Williams, George Carlin, Bill Engvall, and Ron White for publicly broadcasting, reproducing and distributing their copyright protected content without obtaining licenses.

Copyright 106
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Creator Spotlight with Singer/Songwriters Mason & Julez

Copyright Alliance

This week we’d like to introduce Mason & Julez. Their newest project is called GOING ON 21 and is currently available on Apple Music. You can also support them on Instagram, TikTok, Spotify, and YouTube. Additionally, […]. The post Creator Spotlight with Singer/Songwriters Mason & Julez appeared first on Copyright Alliance.

Music 101
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New UFC Copyright Lawsuit Rejects Fair Use Defense For Documentary Makers

TorrentFreak

The UFC’s reputation as the world’s leading mixed martial arts promotion is the result of almost three decades of hard work and unwavering dedication to combat sports. One way or another, grudgingly or not, every MMA fan owes the UFC a debt of gratitude. But there’s a corporate side to the UFC that’s much less palatable and, in many cases, highlights the company’s absolute reliance on the exploitation of IP rights.

Fair Use 102
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How utilities can use advanced analytics to elevate customer experience

McKinsey Operations

Industry players can both lower costs and improve performance by capturing the full value of today’s technologies.

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Litigation as a Source of Profit? Non-Practicing Entities and Patent Litigation

IPilogue

Michelle Mao is an incoming 2L JD student at Osgoode Hall Law school and an IPilogue Writer. Litigation is almost always recommended to be avoided , whether because of the sheer amount of time needed to get a court date, the expensive costs for the client and law firm, or the risks associated with receiving an unfavorable judgement. So why do non-practicing entities (NPEs) act as the exception to the rule?

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Trademark Abandonment: Lessons from The Real USFL v. Fox Sports

JD Supra Law

Under the Lanham Act, a trademark is considered abandoned “when its use has been discontinued with intent not to resume such use.” Three consecutive years of nonuse constitutes a prima facie showing of abandonment.

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OG GTA Dev: Rockstar Hit My GTA Prototype Videos With DMCA Notices

TorrentFreak

It’s no longer a surprise when big videogame developers take escalating legal action against fan coders. Nintendo, for example, has a long history of stomping on projects on the basis they infringe intellectual property rights. From Nintendo’s perspective, there’s nothing to discuss. It enjoys the full support of the law when it decides to protect its intellectual property rights, game over.