Tue.Dec 24, 2024

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Why So Much of Christmas is Protected by Copyright

Plagiarism Today

As old as Christmas traditions often feel, it's surprises many so few are in the public domain. However, there's a simple reason for that. The post Why So Much of Christmas is Protected by Copyright appeared first on Plagiarism Today.

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SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

JD Supra Law

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information from news articles used to train its large language models. While still early, the courts favorable decision for The Intercept Media, Inc. could serve as a model for other news organizations and rights holders seeking to discourage the unauthorized use of their works by.

Copyright 101
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Cloudflare Must Block ‘Piracy Shield’ Domains and IP Addresses Across its Service

TorrentFreak

Rightsholders see Italys elaborate ‘ Piracy Shield ‘ system as the future of anti-piracy efforts. The broad blocking powers it provides certainly made an impact this year but not all news was positive. Multiple reports of overblocking included mishaps where the anti-piracy system blocked access to Google Drive and other legitimate sites and services.

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2024 Recap: Ten Lords A-Leaping!

JD Supra Law

As the worlds premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITORS NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to recap the top ten posts of 2024. Were doing this in reverse-order countdown mode because we like to pretend were astronauts.

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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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On Leveling and Fluctuations—The Downsides of Leveling

Christopher Roser

In my last post I gave you a brief introduction to fluctuations and leveling. And, I already hinted that there are two downsides to leveling: properly set up it handles only fluctuations coming from upstream, andwhat is rarely talked aboutthere is an increase in inventory and/or waiting time to decouple the fluctuations in leveling. The.

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Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

JD Supra Law

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a trade secret, no trade secret misappropriation, and no damages or reasonable royalties owed.

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Federal Circuit Decides Case Involving Orange Book Listing of Device Patents

JD Supra Law

Earlier this yearwe reportedon the Federal Trade Commissions efforts taken against certain drug manufacturers when listing device patents in the FDAs Orange Book. We concluded that the efforts to date by the FTC had a minimal impact on a manufacturers decision on whether to list a device patent.

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Examining USPTO Director Review Decisions in the Second Half of 2024

IP Watchdog

With the process for requesting Director Review formally codified as of October 31, 2024, the evolving landscape of intellectual property law continues to be shaped by another avenue of decision-making from the United States Patent and Trademark Office (USPTO). Among the developments in the second half of 2024, USPTO Director Review decisions addressed issues ranging from obviousness determinations and claim construction to procedural considerations under 35 U.S.C. 325(d).

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Case-Narrowing Decisions are a One-Way Street: Reviewing Exeltis USA v. Lupin Ltd.

JD Supra Law

Exeltis USA, Inc. and other parties (Exeltis) recently prevailed against Lupin Ltd. and Lupin Pharmaceuticals, Inc. (Lupin) in a patent infringement suit brought in the District of Delaware. After a three-day bench trial, the court found that Lupin infringed all asserted claims and that all asserted claims were valid.

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TTABlog Test: Is CERTIFIED SUGAR DADDY Merely Descriptive of Dating Software and Services?

The TTABlog

The USPTO refused to register the proposed mark CERTIFIED SUGAR DADDY , finding it merely descriptive of social introduction and dating software and services, under Section 2(e)(1). Applicant argued that SUGAR DADDY is a colloquial phrase that has no defined meaning, and that applicant does not certify any customer information, but instead verifies certain information, including income, for some its consumers.

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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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Did You Receive a Demand Letter From Copytrack.com, What You Need to Know?

JD Supra Law

A new IP rights enforcement company has popped up on the Vondran Legalr IP infringement radar. Here is what I learned.

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3 Count: Wise Settlement

Plagiarism Today

LifeWise reaches settlement with critic, proposed copyright law could help Canadian artists and Rojadirecta ordered to pay $33 million. The post 3 Count: Wise Settlement appeared first on Plagiarism Today.

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Federal Circuit Vacates And Remands PTAB Decision In Palo Alto Networks v. Centripetal Networks Over Motivation To Combine Prior Art

JD Supra Law

The 903 patent, entitled Correlating Packets In Communications Networks, discloses a computing system that can identify and correlate packets (small segments that together make up a larger communication) received and transmitted by a network device. The system generates log entries for these packets and correlates them to determine the association of transmitted packets with received.

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Looking Back at 2024: It’s All About AI and Copyright (And a Few Other Things)

Hugh Stephens Blog

Image: Shutterstock A retrospective on the year now coming to a close is what one expects this time of year, so I will try not to disappoint. However, when I look back at the copyright developments I wrote about in 2024, the dominant issues that jump out are AI, AI and AI.

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You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

JD Supra Law

In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that Taylors trade mark be cancelled.

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A Quick and Easy Guide to Doing A Trademark Clearance Search

Erik K Pelton

Searching for potential conflicts is an important step in the trademark process. In this episode, Erik shares key tips to consider whether searching on your own or with an experienced attorney. The post A Quick and Easy Guide to Doing A Trademark Clearance Search appeared first on Erik M Pelton & Associates, PLLC. Searching for potential conflicts is an important step in the trademark process.

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Pantone's Cozy Color of the Year—Mocha Mousse—and Other Thoughts on Color for Brands

JD Supra Law

Earlier this month, the Pantone Color Institute announced its Color of the Year for 2025, Pantone No. 17-1230 Mocha Mousse a cozy, warm brown evoking the indulgent qualities of chocolate and coffee. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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false advertising claim survives because math is hard for reasonable consumers

43(B)log

Robertson v. Clean Control Corp., No. 5:24-cv-01478-SSS-DTBx, 2024 WL 5193852 (C.D. Cal. Dec. 18, 2024) Robertson bought Odoban, a concentrated multi-purpose cleaning product, which states Makes up to 32 Gallons on the front label. That principally describes Odoban as a Disinfectant usable as Laundry & Air Freshener. When using Odoban for nine of its ten advertised uses, the concentrate does not produce up to 32 gallons.

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Massachusetts Jury Sets New Record Under Federal Defend Trade Secrets Act With $452 Million Damages Award

JD Supra Law

In December, a Massachusetts corporation won the largest jury verdict ever awarded under the federal Defend Trade Secrets Act (DTSA). The award of $452 million is part of a recent trend of massive awards to trade secret owners.

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IMPORTANT UPDATE: CTA Beneficial ownership Reporting is Mandatory Once Again

Cogency Global

What this is : On December 23, 2024, a federal Court of Appeals lifted the Texas Federal District Courts nationwide preliminary injunction that precluded FinCEN from enforcing the beneficial ownership information (BOI) reporting requirements of the CTA.

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Rockin' Around the Christmas Brand Protection

JD Supra Law

Its December, and everywhere you go, the streets and stores are awash in seasonal dcor, and holiday products and Christmas programming are glistening in your eyes once again. In the spirit of the season, we have compiled five golden [th]ings to know about the intersection of Christmas and protecting seasonal brands.

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IMPORTANT UPDATE: CTA Beneficial ownership Reporting is Mandatory Once Again

Cogency Global

What this is : On December 23, 2024, a federal Court of Appeals lifted the Texas Federal District Courts nationwide preliminary injunction that precluded FinCEN from enforcing the beneficial ownership information (BOI) reporting requirements of the CTA.

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Design Patent Clarity Requirements in China

JD Supra Law

Article 27(2) of the Chinese Patent Law provides that the relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought. Article 64(2) of the Chinese Patent Law provides that for the patent right for design, the scope of protection shall be confined to the design of the product as shown in the drawings or photographs.

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The Year in Review: Top Ten Law Bytes Podcast Episodes

Michael Geist

The final Law Bytes podcast of 2024 released last week took a look back at the year in digital policy. With the podcast on a holiday break, this post looks back at the ten most popular episodes of the year. Topping the charts this year was a debate with Senator Julie Miville- Dechne , who graciously agreed to come on the podcast to defend her Bill S-210.

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Is your trademark in use? CIPO targets “deadwood” in 2025 and what you should expect

JD Supra Law

Beginning in January 2025, the Canadian Trademarks Office (CIPO) will start proactively and unilaterally (i.e., without a request by a third party) sending notices to registered trademark owners requiring them to prove that they recently used their trademarks in Canada, or risk losing their registrations.

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Blaming Your Webmaster for Photo Infringement, Will it Work?

JD Supra Law

Having handled copyright photo infringement cases for years now, one common defense I hear raised by business owners who are found to have infringed my client's copyrighted images is "I am not to blame, I hired a webmaster or third party marketing company to build my website, including choosing my photos." Will this serve as a defense to copyright infringement?

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Feeble § 101 Litigation Position Results in Significant Award of Fees and Costs

JD Supra Law

The District Court of Delaware recently confirmed an award of $9.15 million in attorneys fees and costs to defendant Elysium Health, Inc. (Elysium), resulting from what it determined to be insubstantial litigation positions taken by plaintiffs ChromaDex, Inc. and Trustees of Dartmouth College (jointly, the plaintiffs, or ChromaDex and Dartmouth, respectively) in a patent litigation lawsuit.

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Latest Federal Court Cases - December 2024 #3

JD Supra Law

CloudofChange, LLC v. NCR Corp., Appeal No. 2023-1111 (Fed. Cir. Dec. 18, 2024) In our Case of the Week, the Federal Circuit addressed the question of divided infringement in the context of system claims. In its previous opinion in Akamai Techs., Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir. 2015) (en banc), the en banc Federal Circuit had considered divided infringement within the context of method claimsi.e., when the accused party does not perform all the recited steps in a.

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