Sat.Jun 18, 2022 - Fri.Jun 24, 2022

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The John Hughes Plagiarism Scandal

Plagiarism Today

On June 9th, Anna Katharine Verney at the Guardian Australia published a lengthy analysis of the John Hughes book The Dogs. The book was on the longlist for the Miles Franklin prize, widely considered to be the highest literary prize in Australia. However, according to The Guardian, the book contained many similarities to a 2017 English translation of the book The Unwomanly Face of War by Svetlana Alexievich.

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Each trademark application has a unique blueprint

Erik K Pelton

A lot of design and planning goes into the drafting and filing of a trademark application at the USPTO, each application has a unique blueprint. The post Each trademark application has a unique blueprint appeared first on Erik M Pelton & Associates, PLLC.

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Digital Trails: How Bungie Identified a Mass Sender of Fake DMCA Notices

TorrentFreak

Earlier this year, Bungie and its enthusiastic Destiny fan community were plunged into chaos. Using the DMCA’s takedown process as a weapon, persons unknown sent copyright notices to YouTube, claiming that the targeted videos should be taken down for infringing Bungie’s rights. YouTube began removing videos, including some uploaded by high-profile Destiny content creators.

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Design Patent: Invalid as Unduly Functional

Patently-O

by Dennis Crouch. Golden Eye Media USA v. Evo Lifestyle Products ( Fed. Cir. 2022 ) (nonprecedential). Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. This style of bag is known as a “trolly bag” in the UK and is used in shopping carts (trollies) to maintain order in reusable fashion.

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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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Using the Copyright Small Claims Board to Fight Essay Mills

Plagiarism Today

In December 2020, the United States government passed the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). The act, to put it simply, created the Copyright Small Claims Board (CCB), a “small claims court” to hear copyright infringement disputes. In the one and a half years since, the U.S. Copyright Office has been working to launch the board.

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Sustainable and inclusive growth: A weekly briefing

McKinsey Operations

A new era is possible—one that sees growth and societal benefits as complementary goals that reinforce each other. Our weekly digest of McKinsey insights explores the topic.

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Amicus Brief filed in Vans v. MSCHF

Likelihood of Confusion

This is an important trademarks / free speech case. I got in on an edge of it! The post Amicus Brief filed in Vans v. MSCHF appeared first on LIKELIHOOD OF CONFUSION™.

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Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction

IP Watchdog

On June 8, 2022, Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun sent a letter to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal expressing concern about so-called “patent thickets” and requesting that she consider changes to the USPTO regulations and practices to address perceived problems with patent examination. The senators asked the USPTO to issue a notice of proposed rulemaking (which presumably must include new draft regulations) or at a minimum, a public r

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CX without design only gets you halfway

McKinsey Operations

When mapping out the customer journey, combining traditional CX practices with user-centered design processes has proven to bring the greatest value.

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MANGA Plus Invites Users to Confess Piracy & Name Most-Used Pirate Sites

TorrentFreak

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade. However, powered by a global Internet and passionate fans with translation abilities, scanned copies of manga titles first trickled and then flooded into the West, creating a massive market and future demand for this Japanese cultural product where none previously existed.

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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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Content Moderators’ Lawsuit Over Traumatic Work Fails Again–Aguilo v. Cognizant

Technology & Marketing Law Blog

This case involves Cognizant, a business process outsourcer (BPO) that performed content moderation work for Facebook. (Cognizant has since exited the field). In 2021, a federal court dismissed a putative class action lawsuit against Cognizant for trauma experienced by the content moderators. See Garrett-Alfred v. Facebook. Some of the content moderators in that case filed a new lawsuit in state court, which Cognizant removed back to federal court, where the court dismisses it again.

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3 Count: Shape of Legal Costs

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ed Sheeran and Co-writers Awarded £900,000 in Costs Over Copyright Case. First off today, PA Media at The Guardian reports that Ed Sheeran and his co-authors has been warded more than £900,000 ($1,100,000) in court costs and fees over a failed copyright claim that targeted the song Shape of You.

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Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

SpicyIP

Justice Pratibha Singh of the Delhi High Court, vide judgment dated 3 June 2022 in Vishal Pipes Limited v. Bhavya Pipe Industry , held that all the IPR disputes, irrespective of their valuations, should be listed before the commercial district court judges. If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not.

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Paris Hilton is One of the First Defendants at the ‘Small’ Copyright Claims Board

TorrentFreak

Last Thursday, the US Copyright Claims Board went live. Through this venue, hosted at the Copyright Office, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

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Senators Urge Copyright Office to Reject DLC Request for Delayed Payments to Songwriters

IP Watchdog

A bipartisan group of senators on Friday sent a letter to Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, expressing their concern about a letter sent by the Digital Licensee Coordinator (DLC) to the Office requesting that any obligation of DLC member companies to make retroactive royalty payments to copyright owners as a result of an imminent decision be delayed.

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Strengthening collaboration in the European space ecosystem

McKinsey Operations

European space partnerships are complex, spanning multiple countries and organizations. A new approach can help all participants unite behind shared goals.

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How to Look Good at the Cost of Your Successor (Please Don’t!)–Part 2

Christopher Roser

This is the second post in this short three-post series on how to look good while driving the plant into the ground. Again, the following is intended more of a warning on how NOT to do it, even though I fear some may use it as a checklist. My hope is that even more see. Read more. The post How to Look Good at the Cost of Your Successor (Please Don’t!

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DMCA Subpoena to Unmask Twitter User Hits Fair Use & Constitutional Roadblock

TorrentFreak

Around October 2020 a Twitter user called ‘ MrMoneyBags ‘ began posting critical messages targeting billionaires. Brian Sheth, the former President of Vista Equity Partners, a private equity fund based in Austin, Texas, received special attention. MrMoneyBags posted six tweets accompanied by photos, with added commentary relating to Sheth’s wealth and his alleged lifestyle. “Brian Sheth has upgraded in his personal life.

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CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

On June 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S. Design Patent No.

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New operations management systems for a digital world

McKinsey Operations

Now is the time to redefine management disciplines with a modern tool kit powered by technology. The organizations that embark on this journey sooner will achieve the benefits from a culture of innovation.

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IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

SpicyIP

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure.

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Brazil’s Targets ‘Metaverse’ Piracy in Latest “Operation 404” Crackdown

TorrentFreak

In the fall of 2019, Brazilian law enforcement agencies conducted a large anti-piracy campaign codenamed ‘Operation 404,’ referring to the well-known HTTP error code. With help from law enforcement in the United States and the United Kingdom, the authorities took down more than a hundred sites and apps, while several suspects were arrested. In the following years, several new waves of anti-piracy action followed.

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Why the Golden Bear is Actually Going to Court: Nicklaus Company v Jack Nicklaus

IPilogue

Andrew Masson is an IPilogue Writer and 2L JD candidate at Osgoode Hall Law School. . One of the biggest names in golf that is not Tiger Woods, Jack Nicklaus is being sued by Nicklaus Companies L.L.C. for breach of a $145 million deal for the exclusive use what is being incorrectly reported as “name, image, and likeness (NIL)”. Nicklaus, also known as The Golden Bear, is 82 years old and widely regarded as one of the greatest golfers of all time.

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Are personalized vitamins the future of wellness?

McKinsey Operations

Two fast-growing vitamin companies, HUM Nutrition and Vous Vitamin, are betting on personalization. Listen to their CEOs discuss the biggest trends in consumer health and wellness.

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‘In Good Hands’: As Hirshfeld Reflects on His Long Career, Vidal Preps for USPTO’s Future

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal and outgoing Acting Deputy Director Drew Hirshfeld joined IPWatchdog’s CEO and Founder Gene Quinn today to discuss Hirshfeld’s nearly 30-year career with the Office, as well as Vidal’s philosophy as she embarks on her journey as the new Director. Vidal emphasized the importance of dialogue in shaping USPTO practices and processes but said she also will not wait around indefinitely on input over doing “what’s right for the country.

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Anti-Piracy Jobs From £10/hr to ‘Let’s Talk ££’, There’s No Shortage in the UK

TorrentFreak

Alongside the explosion of online piracy services over the last couple of decades, new anti-piracy companies have emerged offering to dampen down the flames. Most have their own specialties and target markets, with some even claiming to be 99% or 100% effective in one area or another. The reality is that no sane person invests time and money into a company with a mission to ensure its own demise.

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The metaverse, NFTs and IP rights: to regulate or not to regulate?

WIPO Magazine

Over the last year, the metaverse and NFTs have fueled debates about their anticipated global impact and the question of whether there is an urgent need for new regulations to adapt to these new innovations.

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Proposed climate rule signals new era for real estate

McKinsey Operations

The SEC’s draft regulation would require all public companies to disclose emissions and risks related to their real estate. Here’s why the real-estate industry should move preemptively.

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What legal lines can’t NFTs cross? The Nike v StockX lawsuit may provide answers

IPilogue

Anita Gogia is an IPilogue Writer and an incoming 2L JD Candidate at Osgoode Hall Law School. On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike alleges that StockX is selling unauthorized non-fungible tokens (“NFTs”) of Nike sneakers. These issues are novel in their involving the metaverse.

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Torrent Site Blockades Don’t Change Old Piracy Habits Right Away

TorrentFreak

In March, a Dutch court ordered local ISP Delta to block access to the torrent sites 1337x, LimeTorrents, YTS, RARBG, Kickasstorrents and EZTV. In addition to the main domains, a long list of proxies and mirrors are included as well. And if new domains pop up, these can be swiftly blocked too. This is the second site blocking order in the Netherlands and a big win for local anti-piracy outfit BREIN.

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Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights. As the court discussed, Around December 2021, defendant Mason Rothschild created digital images of faux-fur-covered versions of the luxury Birkin handbags of plaintiffs Hermes International and Hermes of Paris, Inc.

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Managing financial crime risk in digital payments

McKinsey Operations

To face down the financial-crime threat, payments service providers can learn from banks while utilizing their own advanced technological skills.

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More “Transformativeness” Run Amok

The Illusion of More

Jeff Sedlik has been a fine art and commercial photographer for over 30 years and has served as an expert witness in more than 400 copyright cases. But until celebrity tattoo artist Katherine Von Drachenberg (Kat Von D) inked his famous portrait of Miles Davis in 2017, he had never been in court as a […]. The post More “Transformativeness” Run Amok appeared first on The Illusion of More.

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Takedown Notice Wipes Game Boy Advance Emulator From GitHub

TorrentFreak

Playing games using browser-based emulators is a niche pastime of some of the most dedicated gamers. For Game Boy Advance fans there are a few websites that offer this option, albeit without permission from Nintendo. While emulators that utilize all of their own code don’t break the law, they can face legal issues when packaged with pirated ROMs and distributed to the public.

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Recent Study Shows How Companies That File Trademarks are More Profitable

Erik K Pelton

Trademark filings at the USPTO generally track the economy and act as a predictor of the economy. In this episode Erik shares details of a recent study showing how companies that invest in trademark protection are more likely to show better returns. The post Recent Study Shows How Companies That File Trademarks are More Profitable appeared first on Erik M Pelton & Associates, PLLC.

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