Sat.Jan 14, 2023 - Fri.Jan 20, 2023

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The Wave of AI Lawsuits Have Begun

Plagiarism Today

The future of AI and copyright is still very uncertain. However, it looks like we may get some answers soon as the lawsuits are pouring in. The post The Wave of AI Lawsuits Have Begun appeared first on Plagiarism Today.

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More Public Domain “Triumphs”: Winnie the Pooh “Blood and Honey”, and The Great Gatsby (Zombie Version)

Hugh Stephens Blog

Every year around the beginning of January, a lot of public domain hyperbole hits the airwaves with stories about how our lives are about to be enriched now that such-and-such a work is no longer under copyright protection but has fallen into the public domain.

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What Are Common Law Trademark Rights

Erik K Pelton

The following is an edited transcript of my video What Are Common Law Trademark Rights? What are common law trademark rights? These are rights that a business receives from using a trademark, brand name, logo, slogan, or some other indicator or source without registering it. There is not a requirement to register it—many businesses begin using their trademarks before they register them.

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What is generative AI?

McKinsey Operations

Generative artificial intelligence (AI) describes algorithms (such as ChatGPT) that can be used to create new content, including audio, code, images, text, simulations, and videos. Recent new breakthroughs in the field have the potential to drastically change the way we approach content creation.

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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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3 Count: Getty Joins the Fight

Plagiarism Today

Getty Images sues image AI company, court denies attorneys fees to the RIAA (for now) and the Bored Apes never registered their copyright. The post 3 Count: Getty Joins the Fight appeared first on Plagiarism Today.

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Can Charlie Chaplin’s character “Charlot” be registered as an EU trade mark?

The IPKat

In the era of silent films, Charlie Chaplin did rise to become a worldwide icon through his screen persona, the Tramp ( Charlot in several languages). It may therefore come as no surprise that companies, to this day, attempt to monetize in his iconic image. In a decision (only available in French) issued a few days ago, the EUIPO upheld the Office’s objections after having established that the below figurative depiction of Charlot is not eligible for EU trade mark (EUTM) registration: Background

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One billion days lost: How COVID-19 is hurting the US workforce

McKinsey Operations

COVID-19 may no longer be a pandemic, but the disease likely reduced the availability of the US workforce by as much as 2.6 percent in 2022—a burden on productivity that could last for years.

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Using Metadata to Spot Misinformation

Plagiarism Today

As concerns over misinformation plague journalism, the Content Authenticity Initiative is a consortium with a potential answer. The post Using Metadata to Spot Misinformation appeared first on Plagiarism Today.

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Gold Standard test for novelty reigns supreme, even for subranges (T 1688/20)

The IPKat

The Board of Appeal decision in T 1688/20 rejects the usual tests for assessing the novelty of subranges, in favour of applying the Gold Standard test of novelty. In doing so, the Board of Appeal diverges from the established case law and Guidelines for Examination on the novelty of subranges. The Board of Appeals approach leads them to accept both the novelty and inventive step of a subrange that is very close to that of the prior art, and which has an overlapping technical effect with that of

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Prominent Pirate Sites Mysteriously Vanish from Bing’s Search Results

TorrentFreak

Over the past several months, we have repeatedly reported on Google’s decision to voluntarily remove pirate sites from its search results. Google will do so if local court orders require ISPs to block access to the sites. These measures are geo-targeted at the applicable countries, which include the UK, France, and the Netherlands. Thus far Google hasn’t publicly commented on its motivation but several rightsholders have confirmed the actions.

Privacy 140
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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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Examining Oppositions: Time for a Deeper Look

SpicyIP

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. We are pleased to bring to you a guest post by Sandeep K. Rathod critically assessing some key aspects of the report.

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3 Count: Uptown Royalties

Plagiarism Today

Law firm files class action lawsuit against AI companies, heirs sue over Uptown Funk royalties and Ye hit with lawsuit over Flowers. The post 3 Count: Uptown Royalties appeared first on Plagiarism Today.

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Closing the digital divide in Black America

McKinsey Operations

Five steps could help to bring broadband and digital equity to every Black household in the United States—urban and rural—while bolstering efforts to create a more inclusive economy.

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Pirate Bay Proxy Site Challenges Police DMCA Takedown at GitHub

TorrentFreak

As one of the most notorious torrent sites, The Pirate Bay has been blocked by ISPs around the world. The UK was one of the first countries to do so more than a decade ago when the High Court ordered local ISPs to prevent users from accessing the site. These ISP blockades have ignited a cat-and-mouse game, with pirates actively looking for alternative routes to access the site.

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USPTO-FDA Listening Session: Patient Advocates Want Access, Patent Advocates Want Evidence

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) today jointly held an all-day listening session featuring speakers from patient advocacy and industry groups, academia, and brand and generic pharmaceutical companies who weighed in on the relationship between patents and affordable access to medicines. The session was announced via a Federal Register Notice and request for comments on the subject, published on November 7, 2022, stemming from a joint July 202

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3 Count: CMI TMI

Plagiarism Today

SCOTUS declines to hear CMI case, Call of Duty cheat makers hit back against Activision and Oracle settles case with HPE. The post 3 Count: CMI TMI appeared first on Plagiarism Today.

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New year, new tech, no problem

McKinsey Operations

McKinsey analyzed 14 new trends in its latest report on the most significant emerging technologies. Here are three for leaders to focus on right now.

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Police Complaint Removes Pirate Bay Proxy Portal from GitHub

TorrentFreak

By now, various courts around the world have concluded that The Pirate Bay is a copyright-infringing website. In response to various court orders over the years, the notorious torrent site was blocked by dozens of ISPs all around the world. That’s also the case in the UK, where The Pirate Bay was added to the local piracy blocklist over a decade ago.

Music 134
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Thaler Files Motion for Summary Judgment in Latest Bid to Argue AI-Authored Works Should Be Copyrightable

IP Watchdog

Last week, artificial intelligence (AI) systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S. federal law and that the copyright should vest in Thaler under common law property principles and the work made for hire doctrine.

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Professor’s Correspondence Over Retractions Ruled Public Record

Plagiarism Today

A college professor attempted to block a records request related to journal retractions. However, the court ruled they should be disclosed. The post Professor’s Correspondence Over Retractions Ruled Public Record appeared first on Plagiarism Today.

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2023, a testing year: Will the macro-scenario range widen or narrow?

McKinsey Operations

Will the world move to solve its structural problems and make superior short-term choices? Yes or no: that’s the first question on the test.

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Hollywood’s Relentless Pursuit of Piracy Giant Cuevana3 Has No Obvious Effect

TorrentFreak

Tomás Escobar is the CEO of Acámica, the Argentina-based tech education company he co-founded a decade ago. Escobar studied Computer Engineering at the National University of Córdoba and in 2014 appeared in MIT Technology Review’s ‘ Innovator Under 35 ‘ list. Before Acámica, however, Escobar also created a rather successful website; Cuevana. In 2011, just four years after its launch, Cuevana.tv was among the top 20 most-visited sites in Argentina.

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Report Calls Out Cloudflare for Facilitating Piracy, Counterfeits

IP Watchdog

According to new research released by Corsearch, a significant number of websites engaging in piracy and counterfeiting use Cloudflare’s Content Delivery Network (CDN) services. Cloudflare was detected as providing services to websites that infringed trademarks and copyright six times more than the next service provider. 49% of the websites Corsearch flagged for content piracy used Cloudflare in addition to 23.5% of websites flagged for offering counterfeit goods.

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Bill to decriminalise IP offences misses the mark and dilutes significant provisions

SpicyIP

The Parliament is considering a bill that decriminalises offences across 42 statutes. Intellectual property rights statutes i.e. the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999 are among the laws that are proposed to be amended. The objective of this bill is to increase the ‘Ease of Living and Doing Business in India’.

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European private banking: Resilient models for uncertain times

McKinsey Operations

After one of its most successful years, Europe’s private banking industry will now need to navigate an uncertain macroeconomic outlook and evolving client needs.

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Dozens of Pirate IPTV, Streaming Sites & Apps Face Uncertainty in 2023

TorrentFreak

After reporting on the activities of the Alliance for Creativity and Entertainment (ACE) for more than five years, it’s clear that the coalition is digging in for the long haul. For operational reasons, ACE doesn’t announce the results of all of its work, nor does it produce any statistics. What we suspect from our own research is that in December 2022 alone, ACE may have taken control or otherwise rendered inoperable more than 40 domains, perhaps more than 50.

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The Adidas v. Thom Browne Saga: Stripes May Be ‘Earned’ But They Cannot Be Owned

IP Watchdog

Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. Since 2008, this athleisure accessories manufacturer has consistently protected its intellectual property by signing over 200 settlement agreements and fighting more than 90 court battles. Most recently, on January 12, 2023, Adidas’s efforts to sue Thom Browne Inc., a Zegna subsidiary, for trademark infringement of its ‘three-stripes logo’ was foiled.

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Another case of catastrophic comma loss (T 1473/19): Interpreting the claims in view of the description

The IPKat

The Board of Appeal in the recent decision T 1473/19 revoked a patent for added matter following a normal interpretation of the claims that lacked basis in the description. The discrepancy between the meaning of the claims and the description was the result of a loss of commas delineating a crucial sub-clause in the claims. The decision in T 1473/19 has many similarities with that of T 1127/16 , in which the Board of Appeal revoked a patent for added matter occasioned by the lack of a single com

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Developing dual awareness

McKinsey Operations

Leaders faced with volatility and uncertainty will benefit from building a keen awareness of both themselves and the operating environment around them.

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Iconic Fansubbing Site Legendas.tv Shuts Down Voluntarily

TorrentFreak

Every day, millions of people enjoy fan-made subtitles. These files help foreigners to better understand English entertainment and provide the hearing impaired with a way to comprehend audio. These subtitles are often used in combination with pirated films or TV shows, a thorn in the side of entertainment industry companies, who see this as a threat to their business.

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New Vision Gaming Tells CAFC Final GAO Findings Warrant Dismissal of CBM Institution

IP Watchdog

Earlier this month, patent owner and casino game innovator New Vision Gaming & Development filed a reply brief in the U.S. Court of Appeals for the Federal Circuit in its latest bid to challenge the Patent Trial and Appeal Board’s (PTAB) institution of covered business method (CBM) review proceedings brought by gambling product company SG Gaming.

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COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues

SpicyIP

The mRNA vaccine platform is a versatile vaccine technology that has the potential to treat several diseases. It has been heralded as a new age in medicine and several countries and companies all over the world are interested in it. However, there is uncertainty over who owns its main components i.e. the mRNA and the lipids that coat the mRNA to enable delivery.

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What separates top product managers from the rest of the pack

McKinsey Operations

Software is an increasingly important driver for companies across industries. Capturing the full value of investing in it depends on strong product management capabilities.

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Major Labels Obtain Stream-Ripping Site Blocking Order in India

TorrentFreak

In a September 2022 blog post, YouTube’s Global Head of Music revealed that in the 12 months between July 2021 and June 2022, YouTube paid over $6 billion to the music industry. Trade groups, including IFPI and the RIAA, believe the return should be even greater. So-called ‘stream-ripping’ services typically use YouTube as a source while allowing users to keep copies of copyright tracks on their devices.

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This Week in Washington IP: USPTO-FDA Listening Session, China’s IP Landscape, Women in Entrepreneurship

IP Watchdog

This week in Washington IP news, following the federal holiday to celebrate Martin Luther King, Jr. Day Congress is not in session, but there are still some interesting events to put on your calendar, including the all-day listening session on United States Patent and Trademark Office (USPTO)-U.S. Food & Drug Administration collaboration on Thursday; a panel discussion at the American Enterprise Institute about the near-term future for financial markets; and a discussion with IP experts at

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