Sat.Oct 08, 2022 - Fri.Oct 14, 2022

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Will the “Artists’ Resale Right” Come to Canada and the US?

Hugh Stephens Blog

Well over half the world (more than 90 countries from Algeria to Venezuela, with all of the members of EU, Britain, Australia, Mexico and many African countries included) have an Artists’ Resale Right (ARR) in their copyright law, but not North America north of the Rio Grande—except for California. North of Mexico, the ARR does … Continue reading " Will the “Artists’ Resale Right” Come to Canada and the US?

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The Tainted Legacy of Paul McCrory

Plagiarism Today

Paul McCrory. According to Retraction Watch , former prominent concussion researcher Paul McCrory has drawn another 9 transactions as the British Journal of Sports Medicine and its publisher, BMJ, continues their investigation into his library of work. The nine retractions all involve opinion pieces that he authored for the journal while serving as editor-in-chief between 2001 and 2008.

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Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

Intellectual Property Law Blog

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. A summary of these reminders (and links to more information) are provided herein.

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State vs. Federal Trademark Registration

Erik K Pelton

The following is an edited transcript of my video State vs. Federal Trademark Registration. When we’re dealing with the world of trademarks, more than 99% of the time we’re dealing with federal trademark protection with the USPTO, which extends to all 50 states, as well as the District of Columbia and US territories. But there are instances where state trademark protection does come up.

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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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Will fusion energy help decarbonize the power system?

McKinsey Operations

Nuclear fusion has long been considered a near-impossible clean-energy solution. But technological advances—and the need for a flexible zero-carbon power grid—have made fusion worth considering.

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5 Things Teachers Need to Know When Talking to Students About Plagiarism

Plagiarism Today

Talking about plagiarism, attribution and citation with students is a serious challenge. . These are inherently nuanced issues and, often times, the best questions don’t have clear or bright line answers. Couple that with the high stakes when it comes to grades and disciplinary action, students are understandably confused, frustrated and scared. However, that is part of why it is so important for teachers to talk about plagiarism.

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Color trademarks case study: T-Mobile magenta

Erik K Pelton

Nontraditional trademarks include sounds, scents, motions, lighting, colors, and more. Color marks are relatively rare and must meet additional requirements. In this episode, we cover the basics about color marks and T-Mobile’s trademark registration for magenta. The post Color trademarks case study: T-Mobile magenta appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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BREAKING: EPO to abolish the 10 day rule

The IPKat

The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule. Old style delivery The EPO "10 day rule" is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days after the date on which the notification was sent.

Reporting 140
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3 Count: Warhol Battle

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Supreme Court Tackles Andy Warhol Copyright Dispute. First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine.

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The scaling imperative for industry 4.0

McKinsey Operations

Global Lighthouse Network organizations continue to light the way in the Fourth Industrial Revolution. To keep up, companies must now scale technologies across sites and value chains.

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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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Robot War at ITC Leads to Preliminary Win for iRobot

IP Watchdog

Roomba maker IRobot Corp. came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory. ITC Judge MaryJoan McNamara said SharkNinja infringed two of four asserted iRobot patents, according to a notice posted last week on the agency’s electronic docket.

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Book Review: The Artificial Inventor - A Challenge for the Patent System

The IPKat

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator. The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownershi

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3 Count: Slumlord Millionaire

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. First off today, Ronald Mann at SCOTUSblog reports that, tomorrow, the Supreme Court of the United States (SCOTUS) is expected to hear arguments in the case of Andy Warhol Foundation for the Visual Arts, Inc. v.

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Raising the resilience of your organization

McKinsey Operations

Repeatedly rebounding from disruption is tough, but some companies have a recipe for success: a systems mindset emphasizing agility, psychological safety, adaptable leadership, and cohesive culture.

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BREIN is Not Allowed to Warn BitTorrent Pirates, But it Can Sue Them

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. Where other groups often take pride in announcing million-dollar damages and prison sentences against pirates, BREIN is rather pragmatic. This approach is illustrated by a warning campaign launched at the end of 2020. Unlike other copyright enforcement groups, BREIN is not interested in casual pirates.

Licensing 140
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Facebook Defeats Lawsuit Over Its Fact-Checking Explanations–Stossel v. Meta

Technology & Marketing Law Blog

John Stossel has over a million Facebook followers. He posted two videos that triggered fact-checking responses from Facebook. The first video, “Government Fueled Fires,” downplayed the impact of climate change as the cause of California’s annual forest fire conflagrations. Facebook added a “missing context” legend that said “[i]ndependent fact-checkers say this information is missing context and could mislead people.

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3 Count: Wolfgang Disappointment

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Appeal Court Upholds Wolfgang’s Vault Copyright Ruling, Including the Disappointing Damages. First off today, Chris Cooke at Complete Music Update reports that the Second Circuit Court of Appeals has upheld a verdict against the concert streaming service Wolfgang’s Vault, including a meager damages award.

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Embedded finance: Who will lead the next payments revolution?

McKinsey Operations

Winners are already emerging in the race to provide banking and payments infrastructure for embedded finance, but incumbents and new entrants still have time to claim a share of this dynamic market.

Marketing 136
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More Than 20,000 Pirate Sites Are Blocked By ISPs Around the Globe

TorrentFreak

Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was very controversial at the start of the last decade but it’s increasingly being normalized.

Copyright 139
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The Pride in Patent Ownership Act is Big Tech Boondoggling

IP Watchdog

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). The NDAA is “must pass” legislation funding the military at a time when wars are brewing around the world, some with credible threats of nuclear war. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law.

Ownership 131
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First Amendment Protects Videogame’s Depiction of Tractor’s Trade Dress–Saber v. Oovee

Technology & Marketing Law Blog

This case involves the Polish tractor manufacturer Kirovets’ K-700 tractor: Saber makes the videogame MudRunner. It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. Oovee make the videogame Spintires. The court says: “Users interact with the virtual world by selecting a vehicle (which is like a character) and by navigating the virtual environment.” Spintires added a depiction of the K-700 as a p

Licensing 135
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Sustaining digital payments growth: Winning models in emerging markets

McKinsey Operations

Digital payment transactions are skyrocketing in emerging markets as innovations proliferate. Banks, fintechs, and telecom companies must quickly develop their strategy to compete for market share.

Marketing 134
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European Union Imposter Uses Russia Sanctions to Target ‘Escape from Tarkov’

TorrentFreak

Russia’s invasion of Ukraine has resulted in thousands of tragic deaths while millions of people have been forced to flee their homes. While soldiers risk their lives on the battlefield, an information war is raging around the world. More than in any previous armed conflict, the Internet has presented itself as a powerful weapon. Propaganda has always been an integral part of warfare, on all sides.

Copyright 140
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Chinese Patent Office Plans to Crack Down on Abnormal Patent Applications

IP Watchdog

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces. The draft sets out to “crack down on illegal and untrustworthy acts” carried out by Chinese patent agencies and promote a healthier development of Chinese intellectual property.

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Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy. Most online terms-of-use agreements claim to give their drafters broad discretion to modify the terms at the host’s discretion. Some terms-of-use agreements purport to allow host websites to modify the terms by sending an email (inevitably, to your spam folder) to notify you of the changes. Others require users to constantly refresh their browsers to know when updates occur.

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Is there anything good about Parma Ohio?

Patently-O

by Dennis Crouch. I assume that you have read The Onion amicus brief in Novak v. City of Parma Ohio. If not, please do it is a total classic. Novak Parma Onion Amicus Brief PDF. The case involves Anthony Novak who created a parody Facebook page to mock his the local police department in Parma, Ohio. The posts were clearly parody after perhaps a bit of initial confusion.

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Hollywood and Netflix Report Top Piracy Threats to US Govt

TorrentFreak

The Motion Picture Association (MPA) has been a key player in the anti-piracy fight for decades and this position has only strengthened in recent years. As the driving force behind the Alliance for Creativity and Entertainment, the MPA finds itself at the center of an international enforcement apparatus. Just a few days ago we reported how ACE was instrumental in shutting down pirate streaming services in Latin America.

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This is No Time for Another TRIPS Blunder

IP Watchdog

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies, but that could be about to happen. Negotiations are underway in Geneva over a proposal from “developing countries” that negating patent protections for our COVID-19 vaccines wasn’t good enough. Now they want to extend that foolish concession we agreed to earlier this year to any COVID therapy.

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When you can't know a book by its title, and the law may even leave you confused

The IPKat

A major contribution of economics to our understanding of trademarks is "search costs", generally here. This idea is that trademarks are an efficient tool for consumers because a consumer can rely on the mark, rather than having to search for sufficient information about the source of the product each time he wishes to make a purchase. (Think of a washing machine identified as "Whirlpool", rather than described as coming from a company founded over 100 years ago in St.

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Rudy finally gets his Whale

Patently-O

Christopher Rudy filed his fishing hook patent application back in 1988 with a file-wrapper-continuation in 1989. At the time he was already a patent attorney and so worked his own case. But, the USPTO offered some resistance. The BPAI/PTAB issued three different opinions on record, and the Federal Circuit also issued a 2020 decision holding that some of the claims were directed to the unpatentable abstract of “selecting a fishing hook based upon observed water conditions.” In re

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Online Piracy Continues to Rise With the US Firmly in the Lead

TorrentFreak

Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. New data released by UK-based piracy tracking company MUSO shows that pirate sites remain very relevant. And people have no trouble finding them either. 141.7 Billion. In fact, traffic to these sites is booming.

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TTABlog Test: How Did These Three Genericness Appeals Turn Out?

The TTABlog

The TTAB recently ruled on the appeals from the three genericness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re Responsiveads, Inc. , Serial No. 88453313 (September 30, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson). [Refusal to register RESPONSIVEADS for advertising, marketing and promotional services and for marketing software.

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Hughes Dissents in Partial Win for Inventor Against Google at CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in part reversing and in part affirming a district court’s dismissal of an inventor’s patent infringement suit against Google under Federal Rule of Civil Procedure12(b)(6). Judge Hughes dissented in part from the majority’s opinion, which was authored by Judge Stoll, explaining that he would have found all of the challenged claims patent ineligible.

Inventor 120
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AI art and Indian copyright registration

SpicyIP

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”). Such works qualify as ‘computer generated works’ under the Indian Copyright Act.

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Pirate Whac-A-Mole: Sky Takes On TeaTV, CucoTV & Cinema HD

TorrentFreak

UK broadcaster Sky has never been particularly fond of people pirating its content. It’s a battle that’s raged for more than 30 years, and despite there being no apparent end in sight, Sky keeps slugging it out, putting in the rounds, and hoping for a win on points. From its roots as Sky Television through its teenage years as BSkyB, Sky has battled everything from box and smartcard hacking through to smartcard blocking and smartcard emulation.

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