Sat.Nov 12, 2022 - Fri.Nov 18, 2022

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The Bizarre Copyright Battle Over Supercalifragilisticexpialidocious

Plagiarism Today

For most people, the word Supercalifragilisticexpialidocious has exactly one context, the 1964 film Mary Poppins and the famous hybrid live action/animated scene that it was featured in. The word and the song that it titles has remained a part of our lexicon for nearly sixty years and, despite being a famous tongue-twister (so much so, it was featured in a recent Mental Floss episode on the topic ), has been on the tongues of generations.

Copyright 342
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The Golden Ratio of Trademark Protection

Erik K Pelton

The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. We’ve been using the phrase, Making Trademarks Bloom since 1999® and using sunflowers for at least 10 years in our marketing, and I recently learned about the golden ratio and sunflowers.

Trademark 147
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“Anna’s Archive” Opens the Door to Z-Library and Other Pirate Libraries

TorrentFreak

When the file-sharing revolution hit the mainstream well over a decade ago, many site operators and users positioned ‘sharing’ as an ideology. This altruistic belief has started to fade in recent years. For most pirate sites and services, money is the main driver, with piracy as the means to that end. There are some notable exceptions of course, especially in the publishing industry where free access to knowledge is advocated by Sci-Hub, LibGen, and others.

Privacy 145
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Global flows: The ties that bind in an interconnected world

McKinsey Operations

Economic and political turbulence have prompted speculation that the world is already deglobalizing. But the evidence suggests that global integration is here to stay, albeit with nuance.

Marketing 143
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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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Why Impersonation is Difficult to Stop

Plagiarism Today

Many years ago, I had a minor issue with impersonation. Someone on Twitter, likely a bot, was using my profile picture and a similar-ish name to sell “essay writing” services. I caught it quickly thanks to their use of hashtags I track. The account had only posted a few tweets and had almost no followers. I’m pretty sure no one was actually fooled. .

Privacy 254
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The Biggest Change to Trademark Applications in Many Years

Erik K Pelton

Beginning in December 2022, the USPTO is implementing the most significant change to the trademark application process in many years. Listen for more details about the changes and their impacts on trademark applicants. For more about the trademark application process, see [link]. The post The Biggest Change to Trademark Applications in Many Years appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147

More Trending

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Taking a skills-based approach to building the future workforce

McKinsey Operations

Our work with the Rework America Alliance highlights how a skills-based approach can help US employers expand talent pools and retain great workers—even through economic uncertainty.

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Lessons from DeviantArt’s AI Debacle

Plagiarism Today

Last week, DeviantArt announced the launch of its new artificial intelligence (AI) art creation tool , DreamUp. However, that launch was not greeted the way that they had hoped. Rather than excitement, DeviantArt’s DreamUp was greeted with user backlash. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool.

Artwork 227
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Board of Appeal case law against the description amendment requirement starts to mount up (T 2194/19)

The IPKat

It is almost a year since publication of T 1989/18 made waves in the European patent community with its finding that the requirement to amend the description in line with the claims lacked legal basis. Since T 1989/18 we have had a number of Board of Appeal decisions on both sides, finding either legal basis or a lack of legal basis for the description amendment requirement.

Law 127
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Google and Amazon Helped the FBI Identify Z-Library’s Operators

TorrentFreak

A few hours ago, the U.S. Department of Justice unsealed the indictment and complaint against two alleged operators of Z-Library. Following an FBI investigation, the authorities pinpointed Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects. The two were arrested in Argentina and now await potential extradition to the United States.

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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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Digital twins: Flying high, flexing fast

McKinsey Operations

Digital design and product development can provide new ways to solve complex problems. Getting implementation right means thoughtfully translating big ideas into boots on the ground.

Designs 138
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3 Count: Top Gun 2.5

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘Top Gun: Maverick’ Copyright Suit Flies On As Paramount’s Motion To Dismiss Denied. First off today, Dominc Patten at Dedline reports that Paramount has failed in an early bid to get the lawsuit over Top Gun: Maverick dismissed as the judge ruled that such a dismissal at this point would be premature.

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Prosecution Delays and Patent Term Adjustment on the Rise Again

Patently-O

by Dennis Crouch. In the standard case, a US utility patent will expire 20 years from its effective filing date. But, there are several circumstances that might alter the patent term. As a consequence, only a minority of patents fit the standard. One circumstance involves unduly delayed patent prosecution that results in “patent term adjustment” or PTA under 35 U.S.C. 154(b).

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YouTubers Must Pay $3.5m Damages For Uploading 10-Minute Movie Edits

TorrentFreak

Setting aside two hours to watch a movie can be a luxury these days, especially when the busiest among us claim they can guzzle 200 TikTok videos in much less than that. So-called ‘Fast Movie’ channels appear to offer some middle ground. Popular mainstream movies lasting a couple of hours are edited down to around 10 minutes and then uploaded to YouTube.

Editing 140
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Five trends to watch in the edtech industry

McKinsey Operations

The adult edtech sector is evolving as quickly as it is growing. Significant changes are taking place in M&A opportunities, geographic hotspots, user demands, and the enterprise market.

Marketing 132
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3 Count: Unicolors Redux

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. First off today, Steve Brachmann at IPWatchdog reports that the Ninth Circuit Court of appeals has affirmed the validity of Unicolors’ copyright registration but handed H&M a key victory when it comes to potential damages.

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What Is Ikigai?

Christopher Roser

Recently, the Japanese word ikigai has been popping up as a way to find happiness. While not quite a manufacturing theme, it is related to industry and to Japanese culture, and hence I decided to write a blog post about it. It is a lot of hubbub around a few good (but not new) ideas, Read more. The post What Is Ikigai? first appeared on AllAboutLean.com.

Blogging 122
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ACE Takes Aim at 9anime, Soap2day, Flixtor & Other High-Profile Piracy Targets

TorrentFreak

There’s no denying the many victories of the Alliance for Creativity and Entertainment ( ACE ) over the past few years. The anti-piracy group, which represents the major Hollywood studios and other prominent rightsholders such as Apple, BBC, Canal+, Sky, and Netflix, systematically hunts down key piracy players. ACE is well-connected with law enforcement agencies worldwide and continues to expand with the addition of new members.

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What matters most? Six priorities for CEOs in turbulent times

McKinsey Operations

With economic troubles mounting, it’s a time to tighten belts and put on hard hats. But don’t forget the jet pack, to accelerate into the next phase of growth.

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[Guest post] French ruling on transposition of the principle of appropriate and proportionate remuneration

The IPKat

The IPKat is pleased to host this guest contribution by Katfriend Ludovico Bossi (Tavella Studio di Avvocati) on yesterday’s decision of the French Council of State, which found the French transposition of Article 18 of the DSM Directive [IPKat posts here ] … inappropriate. Here’s what Ludovico writes: French ruling on transposition of the principle of appropriate and proportionate remuneration by Ludovico Bossi Yesterday, by Decision n° 454477 , the French Conseil d’État stated that Directive (

Contracts 120
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Regeneron Files Amicus Brief in Support of CVC and Reversal in Interference No. 106,115*

JD Supra Law

Biotechnology company Regeneron Pharmaceuticals, Inc. filed an amicus curiae brief at the Federal Circuit in support of the appeal by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") of the Patent Trial and Appeal Board's decision to award priority to Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party for claims reciting eukaryotic embodiments of CRISPR-Cas9 (see "PTAB Grants Priority.

Patent 117
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Man Used Stolen Netflix Credentials to Acquire Content For Torrent Site

TorrentFreak

As part of a campaign against torrent sites in Denmark, local anti-piracy group Rights Alliance (Rettigheds Alliancen) targeted several members-only torrent trackers. Early November 2021, the Public Prosecutor for Special Economic and International Crime (SØIK) announced that six people had been arrested following criminal referrals by Rights Alliance.

Copying 134
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Becoming indispensable: Moving past e-commerce to NeXT commerce

McKinsey Operations

A successful transition to the next horizon of digital commerce requires companies to get real about being customer first and make some hard choices.

Marketing 130
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Registering a trade mark even if you think that copyright is for losers? Not bad faith, says (finally) EUIPO BoA

The IPKat

Banksy's Laugh Now But One Day We’ll Be In Charge A while ago The IPKat reported [ here and here ] on a string of cancellations of elusive artist Banksy ’s EU trade mark (EUTM) registrations relating to some of their best-known artworks. The reason? Among other things, that such registrations would have been made in bad faith in accordance with Article 59(1)(b) EUTMR.

Artwork 120
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Workshop on Patent Opposition in the Pharmaceutical Field [Kochi, December 4-8]

SpicyIP

We are pleased to inform you that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), and Third World Network are organizing a workshop on ‘Patent Oppositions in the Pharmaceutical Field’ from December 4- 8, 2022 in Kochi, Kerala. The deadline for applications is November 19, 2022. There are no registration fees and travel plus accommodation will be arranged by the organizers through scholarships.

Patent 116
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VPN Restrictions Are Problematic, App Association Tells U.S. Government

TorrentFreak

VPNs are valuable tools for people who want to access the Internet securely and with decent privacy. These services are vital for whistleblowers, activists, and citizens rebelling against Government oppression. The latter has become clear once again in recent months, with Iran pulling out all the stops to block VPN services that dare to offer protesters a window to the rest of the world.

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Starting strong: Making your CEO transition a catalyst for renewal

McKinsey Operations

The best CEOs use the first six to 12 months of their tenure as a moment of great personal transition and institutional renewal. There are four keys to success.

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Artificial Intelligence Patenting: Top Challenges and Key Considerations

JD Supra Law

In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications.

Patent 107
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Protecting Indigenous Artists Against Infringement and Appropriation

Copyright Alliance

The Copyright Alliance is thrilled to celebrate Native American Heritage Month 2022 by honoring the diverse history, heritage, and culture of Native American and Indigenous Peoples. Copyright is rooted in […]. The post Protecting Indigenous Artists Against Infringement and Appropriation appeared first on Copyright Alliance.

Copyright 106
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Trademark Law Moves Online: “MetaBirkin” Updates

IPilogue

Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. Imagine a Birkin bag – an iconic, timeless piece that arguably embodies luxury. Now make it digital, cover it in fur and sell it as a non-fungible token (NFT) called “MetaBirkin” for at least 3.8 Ethereum (about $6900 Canadian). Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon?

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Unlocking the potential of chief diversity officers

McKinsey Operations

Demand has boomed for heads of diversity in the United States—but so has turnover. Here’s how companies can reshape a role vital to navigating today’s turbulent social and economic climate.

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What the King of NIL Can Teach Us

JD Supra Law

Since the National Collegiate Athletic Association (NCAA) suspended its Name, Image, and Likeness (NIL) rules in June 2021, college athletes across the country have had the opportunity to profit by striking NIL deals to endorse everything from car dealerships to cereal. And NIL deals aren’t just for the Bryce Youngs and Suni Lees of the world; you don’t have to be internationally recognizable to profit from your athletic abilities.

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In Gonzalez v. Google, SCOTUS Should Look Beyond the Term “Recommendations”

The Illusion of More

In October, the Supreme Court granted cert in two cases that may limit the immunity granted to internet platforms under Section 230 of the Communications Decency Act. Both Gonzalez v. Google and Twitter v. Tamneh, arise from plaintiffs seeking to hold platforms accountable for “target recommendations” of material associated with acts of international terrorism, but […].

Law 103
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What is the date of separation when you and your spouse disagree?

Nelligan Law

Reading Time: 2 minutes Child support, spousal support, and the division of property are just some of the issues that can arise from the breakdown of a relationship. In the face of having to reconcile these areas of dispute, the date of separation is often thought to be the easy part. Unfortunately, this is not always the case. My spouse and I disagree on the separation date.

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Toward a sustainable, inclusive, growing future: The role of business

McKinsey Operations

To make the world as sustainable and inclusive as we hope, a certain kind of economic growth will be necessary—and companies will play a vital role in generating it.

Business 106