Mon.Mar 27, 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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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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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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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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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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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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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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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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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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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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"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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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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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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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 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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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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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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PTAB Precedential Ruling: Expert Declaration Devoid of Supporting Evidence Dooms IPR Petition

JD Supra Law

The Patent Trial and Appeal Board recently rejected an inter partes review petition that relied on a conclusory and unsupported expert declaration.

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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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Oral Argument Over Dog Toy Gives the Supreme Court a Lot to Chew On—Distiller Has a [Dog] Bone to Pick with Rogers v. Grimaldi

JD Supra Law

The Supreme Court heard oral arguments on Wednesday in Jack Daniel's Properties v. VIP Products LLC, __ U.S. __ (2023) a case that could transform the way courts evaluate the balance of trademark rights with constitutional freedom of expression.

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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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Deep Dive into Generative AI and What Will Drive Tomorrow

JD Supra Law

Since our last post looking at artificial intelligence and generative AI, we have seen an explosion of activity that can only be referred to as a “hype-cycle.” There is a growing consumer and enterprise appetite for this technology, and more and more companies are jumping on board.

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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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The Long Con Otherwise Known as Prosecution Laches

JD Supra Law

Last week, in Personalized Media Communications, LLC v. Apple, Inc., the Federal Circuit left intact Judge Rodney Gilstrap’s ruling of unenforceability based on prosecution laches and deprived Personalized Media Communications, LLC — a nonpracticing entity — of a paycheck from Apple.

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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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Green Light at the Intersection of First Amendment and Patent-Related Speech

JD Supra Law

Patent owners worry about what they can and cannot publicly say about infringement of their patent rights. Accused infringers may believe that certain public statements by patent owners are actionable on the basis that such statements interfere with business, are defamatory, or both.

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Infrastructure technologies: Challenges and solutions for smart mobility in urban areas

McKinsey Operations

Smart mobility solutions can transform city living and improve quality of life—but are difficult to implement at scale. A collaborative, ecosystem approach could be the way ahead. Insights on Travel, Logistics & Infrastructure Travel, Logistics & Infrastructure

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Blurred lines – when celebrity endorsements can lead to claims of false advertising

JD Supra Law

One way to succeed in business is to build a better mousetrap. An alternative is to get a movie star or an All Black to make an ad telling the world that your mousetrap is totally awesome. By: Dentons

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Winner takes all? Digital in the utility industry

McKinsey Operations

With the utility industry so fragmented across North America, can digital platforms enable it to consolidate at scale, resulting in lower prices, better service, and more satisfied customers? Insights on Electric Power & Natural Gas Electric Power & Natural Gas

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Online Influencers, Knockoff Handbags, Drunk Elephants, and Dog Poop: This Week in Trademark Law at the U.S. Supreme Court

JD Supra Law

The Supreme Court heard oral argument this week in not one, but two trademark cases with huge implications on commercial activity in the U.S. and abroad.

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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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Patent Poetry: Dependent Claims Can Be Both Patentable and Unpatentable

JD Supra Law

The Director of the US Patent and Trademark Office (USPTO) granted rehearing and modified the Final Written Decision of the Patent Trial and Appeal Board (PTAB) after finding that the patentability of a multiple dependent claim should be considered separately as to each of the claims from which it depends. By: AEON Law

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