Sat.Jul 30, 2022 - Fri.Aug 05, 2022

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The Challenge of Determining Podcast Plagiarism

Plagiarism Today

On July 26, journalist and author Jonathan M. Katz took to Twitter to call out the Chilluminati Podcast for allegedly plagiarizing from his book, Gangsters of Capitalism. Hey @ChilluminatiPod : any particular reason you've chosen to straight up plagiarize my book, GANGSTERS OF CAPITALISM, instead of telling your $12K/month worth of Patreons or your various ad buyers up front where you got your content from?

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When Should I Apply for Trademark Registration?

Erik K Pelton

The following is an edited transcript of my video When Should I Apply for Trademark Registration? One of the most frequent questions I get is “When should I begin the process to start applying to register my trademark as a business owner?” The answer, almost all the time, is now. That moment, of course, can be at a variety of different stages for a business, and that’s what I want to review here.

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Beyoncé brings all the samples to the yard and they're like.it's been licenced

The IPKat

Beyoncé has received backlash on her latest album “Renaissance,” which has resulted in the removal of a sample from her song “Energy” – but not for legal reasons. Headlines such as “Beyoncé Has Removed A "Milkshake" Sample From Her Song "Energy" After Kelis Called It Theft” and “…for allegedly failing to seek permission for usage” suggest that Beyoncé used the sample without the rights clearance, but this is not the case.

Music 143
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The Federal Circuit’s ‘CAR T-Cell’ Decision: Courting a Disaster for American Innovation

IP Watchdog

The only president ever to obtain one, Abraham Lincoln knew the essential role patents have played in the scientific and technological innovations that have driven American growth and prosperity since the founding of the republic. Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history.

Invention 140
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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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Can We Reexamine the Role of Blockchain in Copyright Now?

Plagiarism Today

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive. Though the book is rare and valuable, with approximately 10 copies made, previous ones sold for approximately $28,000, making Spice DAO’s purchase more than 100 times the going rate.

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Trademarks: Measure Twice Cut Once

Erik K Pelton

Borrowing from the world of carpentry, Erik uses the “Measure Twice, Cut Once” metaphor to explain its analogy to the world of trademark protection. Watch or listen to this episode to discover the meaning behind this metaphor. The post Trademarks: Measure Twice Cut Once appeared first on Erik M Pelton & Associates, PLLC. Borrowing from the world of carpentry, Erik uses the “Measure Twice, Cut Once” metaphor to explain its analogy to the world of trademark protection.

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CAFC ‘Unambiguously’ Backs USPTO in AI as Inventor Fight

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly. Judge Stark authored the opinion.

Inventor 134
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Activision Accused of Plagiarism in Upcoming Dog Operator Design

Plagiarism Today

On July 27, Activision published a series of patch notes and an announcement about mid-season content that was being added to their games. Among the elements being introduced to Call of Duty: Warzone was a series of new operators, including one named Loyal Samoyed , an anthropomorphic dog in combat gear. However, the launch ended up attracting some unwanted attention as, several days later, it was pointed out that Loyal Samoyed bore an uncanny resemblance to an earlier work by concept artist Sai

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Lawyer Sanctioned for Failing to Play Call of Duty

JD Supra Law

Since at least 1984’s The Last Starfighter, videogame players have dreamed that the time they spent playing games would be rewarded. Recently, a federal judge supplied the inverse, sanctioning a lawyer for failing to play enough Call of Duty.

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Why Nintendo Uses the DMCA to Take Down Piracy-Enabling SigPatches

TorrentFreak

Nintendo has been tackling videogame piracy for a very long time but a lot of water has gone under the bridge since the simplicity of the SNES-based Super Wild Card. These days Nintendo has multiple attack vectors to cover, from bringing down commercial groups such as Team-Xecutor to blocking sites that distribute pirated Switch ROMs. As a result, the Japanese gaming giant often finds itself taking action under the DMCA but as a case from late last week shows, that isn’t necessarily straig

Copyright 136
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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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Tillis, Leahy Introduce Legislation Mandating Reports, USPTO Improvements on Patent Quality

IP Watchdog

Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) today announced the introduction of the Patent Examination and Quality Improvement Act of 2022, which is aimed at “evaluat[ing] and improv[ing] the patent examination process and the overall quality of patents issued by the USPTO,” according to a press release. Last week, Tillis told IAM that he would be introducing legislation to reform U.S. patent eligibility law, which is still to come.

Reporting 134
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3 Count: Bridgerton’s Musical

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Netflix Slams Unofficial ‘Bridgerton’ Musical Creators in Copyright Infringement Lawsuit. First off today, Larisha Paul at Rolling Stone reports that Netflix has filed a lawsuit against a duo of musicians alleging that they violated an agreement and staged live performances of their album the Unofficial Bridgerton Musical.

Music 193
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SOCAN v ESA: Royalties in the Age of Streaming

IPilogue

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On July 15, 2022, the Supreme Court of Canada (“SCC”) released its decision for the case Society of Composers, Authors and Music Publishers of Canada (“ SOCAN ”) v. Entertainment Software Association (“ ESA ”). The unanimous decision written by Justice Rowe clarified provisions of the Copyright Act (the “Act ”) , ruling that the Act only requires users to pay one royalty fee to stream works online as opposed to

Music 122
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VeePN Agrees to Block Torrent Traffic and Pirate Sites on U.S. Servers

TorrentFreak

Over the past year, a group of independent movie companies filed a series of lawsuits against VPN providers. The makers of films such as “I Feel Pretty,” “Once Upon a Time in Venice” and “Dallas Buyers Club” accuse these services of turning a blind eye to piracy or actively promoting it. Filmmakers Sue VeePN. VeePN has become the latest target in this legal effort.

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CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction

IP Watchdog

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in A. O. Smith Corp. v. Bradford White Corp. which affirmed rulings from the District of Delaware that A. O. Smith’s patent covering a hot-water heater system was both infringed by Bradford White and not invalid. The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification.

Patent 128
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3 Count: Last-Minute Settlement

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Major Record Labels and ISP Settle Piracy Lawsuit One Day Before Trial. First off today, Ernesto Van der Sar at Torrentfreak writes that the former internet service provider Bright House has reached a last-minute settlement with a group of major record labels, averting an imminent trial.

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Five ways that life science companies can build tech talent

McKinsey Operations

For life science companies to meet their digital ambitions, they must strengthen their technology skills. In a challenging market, emphasizing value propositions can attract first-rate talent.

Marketing 122
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Twitch Falsely Flags Project Zomboid’s In-Game Siren as Copyright Infringement

TorrentFreak

Over the years, Twitch streamers have been increasingly targeted by DMCA takedowns , which can cause quite a fuss. Many of these copyright complaints are legitimate, meaning that streamers use copyrighted content without permission. However, there are plenty of mistakes too. This week, a group of popular Spanish-speaking streamers organized a gaming event featuring “ Project Zomboid “ This is a big deal for the indie game but, unfortunately, it was partly ruined by what appears to be

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Seventh Circuit Throws Out Antitrust Suit Against AbbVie in Welcome Victory for Patent Rights

IP Watchdog

The U.S. Court of Appeals for the Seventh Circuit agreed with a district court earlier this week that neither a settlement agreement between AbbVie and a number of generic biologics companies, nor the 132 patents owned by Abbvie covering its blockbuster drug, Humira, violate the Sherman Antitrust Act. This holding, which is significant in its own right, also has broader implications for patent-antitrust analysis.

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3 Count: Bright House Begins

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Latest Majors v ISP Copyright Case Heading to Trial Next Week. First off today, Chris Cooke at Complete Music Update reports that the case between the major record labels and the now-former internet service provider Bright House is heading to a trial this week as the judge has ruled on some last-minute pre-trial motions.

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What is leadership?

McKinsey Operations

Leadership is a set of mindsets and behaviors used to engage and enable people to align on a collective direction, and work together to accomplish shared goals while adjusting to changing environments.

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SmoothStreams IPTV Shut Down By MPA/ACE After Secret Legal Process

TorrentFreak

Pirate IPTV services disappear on a regular basis but when SmoothStreams.tv ran into trouble mid-July, there were ominous signs that this wasn’t just a regular technical problem. One early confusion was that not all of SmoothStreams’ channels had gone dark and presumably some kind of raid would’ve ensured a complete shutdown of the platform.

Reporting 134
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Federal Circuit Delivers Amazon a Win, Vacating Jury Verdict that Echo Induced Infringement

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday reversed a district court’s denial of judgment as a matter of law (JMOL) to Amazon of no induced infringement and vacated a jury verdict finding that it had induced infringement of Vocalife LLC’s patent for a method of enhancing acoustics. Judge Hughes authored the opinion. The asserted patent was U.S.

Patent 118
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3 Count: My Avastar

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Roblox Sues WowWee Over New Doll Range My Avastars. First off today, Toyworld reports that Roblox has filed a lawsuit against the toy maker WowWee alleging that WowWee’s new line of dolls violates both their copyrights and trademarks. WowWee, in partnership with Gamefam, created a line of personalized dolls that are meant to resemble a person’s avatar in the Roblox-based role playing game My Avastars:

Artwork 162
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BREAKING: Fed. Circ. Rules AI Can't Be Named Inventor On Patents

IP Law 360

The Federal Circuit on Friday rejected a researcher's bid to name an artificial intelligence machine he created as an inventor on two patents, ruling that the Patent Act is unambiguous that only human beings qualify as inventors.

Inventor 115
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Major Record Labels and ISP Settle Piracy Lawsuit One Day Before Trial

TorrentFreak

Three years ago, several of the world’s largest music companies including Warner Bros and Sony Music sued Internet Provider Bright House Networks. With backing from the RIAA, the record labels accused the provider of not doing enough to stop pirating subscribers. Specifically, they alleged that the ISP failed to terminate repeat infringers. Ever since the complaint was filed the parties have gone back and forth in court with various arguments and accusations.

Music 131
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Tillis’ Promised Patent Eligibility Bill Would Overrule Myriad, Mayo

IP Watchdog

Today, Senator Thom Tillis (R-NC), the Ranking Member of the Senate IP Subcommittee, released the first draft of the Patent Eligibility Restoration Act of 2022, which if enacted would, at a minimum, overrule the Supreme Court’s decisions in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107 (2013) and Mayo Collaborative Services v.

Patent 115
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In case you didn’t already know, don’t do anything in bad faith!

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 18, 2022, the Federal Court of Canada released its decision for Beijing Judian Restaurant Co. v Wei Meng. That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise inv

Trademark 115
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Network effects: How to rebuild social capital and improve corporate performance

McKinsey Operations

People’s professional networks have shrunk since the onset of the COVID-19 pandemic, while companies’ attrition and hiring challenges are growing. To help reverse these trends, people and organizations will need to manage workplace interactions more intentionally. Here’s how.

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LaLiga & Movistar Will Block IPTV Pirates, No Court Process Needed

TorrentFreak

Spanish top-tier football league LaLiga is a corporate giant. During the 2020/21 season, LaLiga clubs achieved revenues of almost 3.2 billion euros and with the assistance of LaLiga’s own anti-piracy division , the football group only wants to see that increase. Owned by Telefónica, one of the world’s largest telecoms and internet companies, Movistar Plus+ is the largest TV subscription platform in Spain.

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The Beijing Intellectual Property Court’s rejection of a deceptive trade mark application: ‘THE QIXIA APPLE BRANDY’

The IPKat

A deceptive sign is not eligible for trade mark registration. Such rule, in the Trade Mark Law of China ( TMLC ), is directly stipulated in Article 10.1 (7): None of the following signs may be used as trade marks: (…) (7) Those that are deceptive and are likely to mislead the public in terms of the quality, place of production or other characteristics of the goods; How does this provision apply when the sign at issue is in a foreign language, e.g., English?

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Government Of Canada Introduces Bill C-26 That Proposes To Enact The Critical Cyber Systems Protection Act

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on June 29, 2022. On June 14, 2022, the Government of Canada introduced Bill C-26 , An Act Respecting Cyber Security , which would enact the Critical Cyber Systems Protection Act (the CCSPA) to establish a regulatory cyber security framework and improve baseline security for vital public systems and services.

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Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. It’s usually on the receiving end of the “I came up with it first!” claims that successful shows tend to attract like a magnet.

Music 110
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CloudStream-3 Piracy App Taken Down By Sky UK DMCA Notice

TorrentFreak

One criticism of legitimate streaming platforms such as Netflix, Disney+ and Prime Video, involves content discovery. Even if people subscribe to all three, there’s no official way to carry out a unified search and view in one app. This issue isn’t unique to legal platforms. Pirate sites also have their own libraries and while they’re nowhere near as restricted as their licensed counterparts, the ability to search multiple resources from one interface is definitely considered a

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[Guest post] 'Made in Italy' and false indications of origin under the scrutiny of the Italian Supreme Court

The IPKat

The IPKat has received and is pleased to host the guest contribution below by Anna Maria Stein (Eversheds Sutherland), who comments on two recent decisions of the Italian Supreme Court concerning use of the designation 'Made in Italy'. Here's what Anna Maria writes: 'Made in Italy' and false indications of origin under the scrutiny of the Italian Supreme Court by Anna Maria Stein Clearly 'Made in Italy' The protection of 'Made in Italy' and indications of origin of products has been the object o

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