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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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. (It

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Twitter Hunts Down Github User Who Leaked Company’s Source Code

TorrentFreak

On February 21, 2023, Twitter chief Elon Musk published a tweet suggesting that Twitter’s algorithm would be “ made open source ” before the end of that month.

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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.

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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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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. Copyright News

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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.

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

43(B)log

Pacira Biosciences, Inc. American Soc’y of Anesthesiologists, Inc., F.4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

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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. By: Jones Day

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Centripetal Files Mandamus Petition Following PTAB’s Retaliatory Sanctions for Questioning APJ Financial Interests

IP Watchdog

Last week, cyber threat intelligence firm Centripetal Networks filed a petition with the U.S.

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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.

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Jab We Met (if at all): Do Patent Oppositions and Examination Run on a Parallel track? Delhi High Court to Examine

SpicyIP

In yet another Natco-Novartis matter before the Delhi High Court, a couple of very interesting issues have arisen. While the dispute has been ongoing since 2016, the post will mostly focus on the January 2023 order.

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Dungeons & Dragons: The Campaign for the Open Gaming License

JD Supra Law

Until early 2023, a public disagreement regarding open intellectual property licenses was ongoing between the owner of a significant piece of popular content—the roleplaying game Dungeons & Dragons (D&D)—and the individuals and corporates that engage with it for free.

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Internet Archive Should (but won’t) Quit While It’s Behind

The Illusion of More

On Monday last week, oral arguments were presented in cross-motions for summary judgment in Hachette et al. Internet Archive, and by end-of-business Friday, the court delivered its opinion thoroughly rejecting IA’s fair use defense.

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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.

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What I’ll Be Watching for in the Amgen Oral Arguments

IP Watchdog

On Monday, March 27, the Supreme Court will hear oral argument in Amgen v.

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Bombay High Court Grants (the First?) Section 32 License to Translate a Literary Work in Marathi

SpicyIP

Mirabehn with Gandhi at Darwen, Sharko, 1931. Image from here March is a remarkable month for history and literature buffs because of the whole “ Beware of the ides of March” thing.

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Relax Jack.It’s Only a Joke!

JD Supra Law

Jack Daniel’s Properties, Inc. VIP Products LLC. Docket 22-148) On March 22, 2023, VIP Products LLC told the Supreme Court that its parody Bad Spaniels whiskey-bottle-shaped dog toys do not violate the Lanham Act because they poke fun at large companies that take themselves too seriously.

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"Safe" not puffery in context of electric dog collars

43(B)log

Hernandez v. Radio Systems Corp., EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. 9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe.

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This Week in Washington IP: USPTO Hears from Women Excelling in the Technology Industry; Germany and the United States’ Innovation Future; and the Role of Pharmacy Benefit Managers in the Prescription Drug Supply Chain

IP Watchdog

This week in Washington IP news, the House Subcommittee on Economic Growth, Tax, and Capital Access examines how well creditors are able to identify small businesses that are eligible for additional capital.

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SpicyIP Weekly Review (March 20-March 25)

SpicyIP

[ This weekly review is co-authored with SpicyIP intern Niranjana Biju. Niranjana is a second-year student pursuing B.A. from NUALS, Kochi. She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution.

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You Use It, You Lose (Protection Over) It: Federal Circuit Clarifies Public-Use Bar Requirements

JD Supra Law

Minerva Surgical v. Hologic: Background - The United States Court of Appeals for the Federal Circuit issued a precedential opinion earlier this year in Minerva Surgical, Inc. Hologic, Inc. clarifying the “in public use” bar under pre-America Invents Act 35 USC 102. By: Haug Partners LLP

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The Law Bytes Podcast, Episode 161: Canadian Chamber of Commerce President Perrin Beatty on Why the Government’s Bill C-18 Motion Establishes a Dangerous, Undemocratic Precedent

Michael Geist

Bill C-18, the online news bill whose foundation is mandated payments for links, has unsurprisingly sparked reaction from Google and Facebook that raises the possibility of stopping linking to Canadian news.

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Beyond Publishers

Velocity of Content

Continents famously drift. Tectonic plates floating over the Earth’s crust move slowly, then collide dramatically. In publishing over the last 20 years, such seismic activity has reshaped the landscape, creating new geographies for the book business.

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Blogger? Vlogger? No, just a thug-hugger.

Likelihood of Confusion

Craig Williams reminds us: Blowing up a cop is still illegal, and styling yourself a “vlogger” doesn’t mean you don’t have to cough up pictures you took of some. The post Blogger? Vlogger? No, just a thug-hugger. appeared first on LIKELIHOOD OF CONFUSION™. Blogging

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U.S. Government Files Amicus Brief in Amgen v. Sanofi

JD Supra Law

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35 U.S.C. § 112(a).

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What is agile?

McKinsey Operations

Agile is a way of working that seeks to harness the inevitability of change, rather than resist it. McKinsey Explainers Organizational restructuring Decision-making Change management

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[Guest post] Expected introduction of a full patent examination in Switzerland: Opportunity or burden?

The IPKat

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden?

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Knitpro International vs. Examiner of Trademarks through Registrar of Trademarks

IP and Legal Filings

Introduction Appellant “ Knitpro International ” applied for registration of the shape of a knitting needle in Class 26 in respect of ‘knitting needles and crochet hooks’.

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Alice Put to the Test for Video Surveillance Systems

JD Supra Law

On February 17, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Hawk Technology Systems, LLC v. Castle Retail, LLC that affirmed a district court’s decision to grant defendants’ Rule 12(b)(6) motion to dismiss, finding that U.S. Patent No.

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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. Insights on Operations Service operations

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Google, Geico Good to Go

Likelihood of Confusion

Google and Geico have settled. Originally posted 2014-03-14 10:41:00. Republished by Blog Post Promoter The post Google, Geico Good to Go appeared first on LIKELIHOOD OF CONFUSION™. Keyword Advertising Diversion Google

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Mickey Mouse to Enter Public Domain in 2024

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring.

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The United States Copyright Office Provides Further Guidance on Copyrighting AI-Generated Works

JD Supra Law

The use of artificial intelligence (AI) to generate creative works raises interesting legal challenges to the protection of intellectual property.

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Top priorities for dairy executives in 2023

McKinsey Operations

By focusing on growth, resilience, and sustainability, dairy processors have an opportunity to leverage momentum and engage consumers and customers with a unified story. Agriculture Insights Agriculture Consumer packaged goods Strategic planning Growth Sustainability

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SoCal IP Institute – Two Common Trademark Issues

CoCal IP Law Institute

Two Common Trademark Issues When counseling clients wanting to register trademarks, we evaluate the likelihood an application for registration of the mark will succeed and counsel the client accordingly. One of the issues that often arises in our analysis occurs when a mark is to be used in one way but, while there is no [.] Trademark trademark

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Computer and Internet Weekly Updates for 2023-03-25

Barry Sookman