JD Supra Law

OCTOBER 16, 2024

Our current food system is facing a myriad of critical challenges. The United Nations predicts that the world population will reach 9.3 billion people by 2050, which means that we will need to produce 60% more food to feed the world in the next decades. Current food production processes are not up to the task, and furthermore, producing the amount of food needed using traditional farming practices will take a heavy toll on our natural resources and cause increased climate change.

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Copyright Lately

OCTOBER 16, 2024

A Florida jury has handed 2 Live Crew a big win, allowing them to reclaim copyrights in classic rap tracks in a long-running legal battle with Lil’ Joe Records. BREAKING : A Miami federal jury on Wednesday cleared the way for famed hip-hop group 2 Live Crew to recapture ownership of their early 1990s music catalog, concluding a major copyright termination battle with Lil’ Joe Records.

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JD Supra Law

OCTOBER 16, 2024

On September 27, 2024, in J. Doe 1 v. Github, Inc., 22-cv-06823-JST, the U.S. District Court for the Northern District of California certified an order dismissing Plaintiffs' claims under Section 1202(b) of the Digital Millennium Copyright Act (DMCA). The court's order is notable, as it is one of the first issues certified by a district court for interlocutory appeal involving artificial intelligence (AI) technologies.

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Technology Copyright 73

IP Law 360

OCTOBER 16, 2024

A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.

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Music Ownership Copyright Law 64

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?

Technology

JD Supra Law

OCTOBER 16, 2024

As commerce moves more and more online, companies are facing unique challenges with respect to protecting their products, and the low cost of entry for online sellers has contributed to proliferations of knock-off and potentially counterfeit products being sold. This is particularly true when the product being sold is a simple disposable or replaceable product, such as a refill cartridge, a duster refill or a coffee pod.

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The TTABlog

OCTOBER 16, 2024

The outcome of a Section 2(d) opposition is more difficult to predict than a Section 2(d) appeal. Lack of actual confusion may come into play, for example, and the parties may enter into stipulations or make admissions that significantly affect the result. By my estimate, Section 2(d) oppositions have been sustained about 80% of the time so far this year, which may indicate how the deck is stacked against the applicant in th likelihood-of-confusion analysis.

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The IPKat

OCTOBER 16, 2024

The IPKat has received and is pleased to host the following guest contribution by Manon Vanderhaeghe and Jozefien Vanherpe (both KULeuven) reflecting on the current state of protection of 3D marks, particularly having regard to their enforcement. Here’s what they write: Asking ourselves ‘Y’ – Are shape marks shaping complex products’ aftermarkets? by Manon Vanderhaeghe and Jozefien Vanherpe On 26 June 2024, almost three years after its initial application by Volvo Personvagnar AB (‘Volvo AB’), t

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JD Supra Law

OCTOBER 16, 2024

*prepared with the assistance of artificial intelligence - In the rapidly evolving landscape of intellectual property law, artificial intelligence (AI) has emerged as a powerful tool for attorneys and inventors alike. AI drafting software, with promise of efficiency and innovation, has been increasingly adopted for drafting patent application and aiding in patent prosecution.

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TorrentFreak

OCTOBER 16, 2024

As famously pointed out by The Pirate Bay’s Anakata in response to a Dreamworks takedown notice 20 years ago, the DMCA does not apply to countries outside the United States. While technically correct, ignoring takedown notices isn’t risk-free; inaction can increase risk where none previously existed. DMCA notices and equivalents issued under the EU’s E-Commerce Directive, for example, not only aim to counter infringement.

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JD Supra Law

OCTOBER 16, 2024

In Ares Trading S.A. v. Dyax Corp., the Third Circuit recently held that royalty obligations in patent license agreements that extend beyond the expiration of the licensed patents are not automatically unenforceable as patent misuse under the Supreme Court’s ruling in Brulotte v. Thys Company. The Third Circuit clarified that royalty obligations remain enforceable as long as they are not based on activities requiring the use of the invention after the patent expires.

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Advertiser: IPO

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.

Patent

IP Watchdog

OCTOBER 16, 2024

The U.S. Court of Appeals for the Tenth Circuit on Tuesday, October 15, ruled that a district court applied the wrong test for assessing personal jurisdiction in a case involving alleged counterfeit dolls being sold on Amazon. The U.S. District Court for the District of Utah denied a motion for default judgment filed by Utah-based Bountiful Baby, a maker of kits for creating “reborn dolls,” against two Chinese companies— Adolly US (AUS) and Reborn Doll Gallery (RDG)—that it claimed were selling

Copyright 59

Copyright Copyright Infringement Litigation Intellectual Property 59

JD Supra Law

OCTOBER 16, 2024

The recent launch of Tiger Woods' new clothing line, "Sun Day Red," has ignited something of a debate in the worlds of golf and trademark law. The collection, which features the iconic red attire Woods is known for wearing on tournament Sundays, has drawn attention not just for its association with the legendary golfer, but also for its logo, which bears a striking resemblance to existing trademarks in the golf industry.

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IP Law 360

OCTOBER 16, 2024

DLA Piper urged a New York federal court to throw out a former associate's lawsuit alleging that she was fired after requesting maternity leave, saying her work performance was "shockingly poor" during her one year with the firm.

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JD Supra Law

OCTOBER 16, 2024

United States Patent and Trademark Office (USPTO) Director Kathi Vidal had a busy end to her summer, issuing six decisions as part of the Director Review process between July 10 and August 22. In the six decisions, the Director vacated four decisions denying institution, vacated one finding of adverse judgment, and generally upheld a grant of a motion for sanctions, modifying the order in part.

Business 62

Business Trademark Patent 62

IP Watchdog

OCTOBER 16, 2024

Yesterday, the U.S. Supreme Court issued an order list indicating that it had denied yet another petition for writ of certiorari seeking clarity on the patent eligibility of claims covering improvements to computer technologies under 35 U.S.C. § 101. The petition, filed by digital photography innovator Plotagraph, had argued against both the abstract idea determination under Federal Circuit case law on technological improvements to computer animations, as well as the district court’s early deter

Technology 59

Technology Law Patent Litigation 59

43(B)log

OCTOBER 16, 2024

Crocs, Inc. v. Effervescent, Inc., No. 2022-2160 (Fed. Cir. Oct. 3, 2024) Crocs sued competitors for patent infringement; defendant Dawgs counterclaimed for false advertising about the characteristics of the primary material Crocs uses to make its footwear products, a material it promoted as the “patented,” “proprietary,” and “exclusive” “Croslite.” Dawgs alleged that none of this was true, but that Crocs misled current and potential customers to believe that “Crocs’ molded footwear is made of a

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IIPRD

OCTOBER 16, 2024

Introduction The gaming industry has experienced exceptional growth in recent years, embracing as a crucial position in the global marketplace. This noticeable surge brings with it both opportunities and challenges. This blog helps in understanding the multiple role that IPR plays in safeguarding the rights of gaming sector. Other than the legal framework, IPR also fosters creativity, innovation and stimulates competition within the gaming industry.

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Velocity of Content

OCTOBER 16, 2024

In the age of data-driven insights, having access to the right dataset can be incredibly valuable. High-quality datasets are crucial for accurate model performance, reliable insights, and effective decision-making. But once you find the right dataset, it’s crucial to know whether that dataset is subject to copyright restrictions before diving into any analysis.

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IP Law 360

OCTOBER 16, 2024

A California federal judge ruled Wednesday that jurors deciding whether Western Digital infringed Spex Technologies' data security patent can't consider Spex's 2009 licensing agreement with Kingston Technology to calculate potential damages, since there was no way to tease the value of the patent-at-issue out of the broader deal.

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IP and Legal Filings

OCTOBER 16, 2024

Introduction Global Warming, through carbon emissions and usage of fossil fuels, remains on an all time high. The ecological impact of carbon emissions and a steadily rising carbon footprint remain a concern, especially with calls from the international arena to keep warming well bellow the 2 degree celsius mark. Within this arrangement, it is important to note the contributions of the Ultra High Net Worth (UHNW) individuals towards the climate crisis, with a largely disproportionate impact of t

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IP Law 360

OCTOBER 16, 2024

A photographer wants the Ninth Circuit to undo a California federal jury's finding that cleared celebrity tattoo artist Kat Von D of claims she infringed a copyrighted photo of Miles Davis that he took, saying she failed to adequately show fair use.

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Patently-O

OCTOBER 16, 2024

by Dennis Crouch This post offers some insight into four patent-focused academic articles that I've been reading lately. 1. A textualist approach to patent eligibility under 35 U.S.C. § 101 2. Reflections on the Myriad gene patenting decision, ten years later 3. An unconventional perspective: Patents are not simply a necessary evil 4. A philosophical critique of AI inventorship These pieces offer insights into ongoing debates within patent law and policy.

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IP Law 360

OCTOBER 16, 2024

A federal judge in Manhattan has ordered a cannabis food truck to destroy all of its "Starbuds" logos, after siding with coffee giant Starbucks Corp. in a copyright infringement lawsuit.

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SpicyIP

OCTOBER 16, 2024

[ This post is authored by SpicyIP Intern Samridhi Chugh. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.

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IP Law 360

OCTOBER 16, 2024

A spoliation sanctions hearing for around $12 million in royalty damages turned terse when the owner of a medical device equipment sale and servicing company seemingly hedged his statements, with a Texas federal judge saying, "Oh my gosh, just answer the question," during the Wednesday hearing.

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Intepat

OCTOBER 16, 2024

The protection of intellectual property (IP) rights has become a fundamental aspect of global trade and economic development. As innovation transcends borders, the need for cohesive legal frameworks to protect IP rights internationally has grown significantly. International treaties play a crucial role in establishing baseline standards and fostering cooperation among nations, thereby influencing national IP laws.

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IP Law 360

OCTOBER 16, 2024

A Pennsylvania federal judge on Wednesday ruled for a second time that Nike is on the hook for legal fees in a trademark lawsuit after the Third Circuit ordered him to take a closer look at the details of the case to determine if the outcome was truly "exceptional.

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43(B)log

OCTOBER 16, 2024

KHN Solutions LLC v. Shenzhen City Xuewu Feiping Trading Co., No. C 20-07414 WHA, 2024 WL 4351861 (N.D. Cal. Sept. 30, 2024) I don’t usually blog default judgments, but this one was interesting. It granted interim relief against Amazon.com, impounding funds and products of defendants. KHN makes blood-alcohol concentration breathalyzers; defendants make competing breathalyzers “popularized by fake reviews and false quality assurances on Amazon.

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IP Law 360

OCTOBER 16, 2024

A North Carolina-based beach canopy maker claims another Tar Heel State company has ignored its request to stop making a product that allegedly infringes a patent for its shading system.

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43(B)log

OCTOBER 16, 2024

Am. Soc. for Testing & Materials v. UpCodes, Inc., No. 24-1895 (E.D. Pa. Oct. 2, 2024) ASTM, which produces technical standards, sued UpCodes for providing free online access to unauthorized copies of ten ASTM standards, all of which have been incorporated by reference into state and local legal codes. ASTM sought a preliminary injunction based on its copyright and trademark claims, which the court denied.

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IP Law 360

OCTOBER 16, 2024

A D.C. federal judge tossed a Cuban state-owned company's counterclaim accusing Bacardi of infringing its "Havana Club" trademark, saying U.S. law barred the court from enforcing the mark.

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IP Law 360

OCTOBER 16, 2024

McCarter & English LLP has combined with Connecticut intellectual property boutique Harrington & Smith, continuing its recent growth in New England with the addition of 11 attorneys and staff.

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IP Law 360

OCTOBER 16, 2024

The Federal Circuit on Wednesday affirmed the Patent Trial and Appeal Board's decision to invalidate the vast majority of two Lynk Labs LED patents, but wasn't ready to address a larger issue from a third, related case.

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IP Law 360

OCTOBER 16, 2024

A small Utah company that claims to have developed novel LED lights persuaded the Federal Circuit on Wednesday to keep its patent lawsuit alive after a Los Angeles judge used an "improper construction" of words to allow a different company that sells light bulbs to slip out of the suit.

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IP Law 360

OCTOBER 16, 2024

A trade group representing generic-drug makers, a generic-drug company and a plant-breeding technology business have all thrown their support behind Sun Pharmaceutical Industries' bid for the full Federal Circuit to take a closer look at the issue of double patenting.

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