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In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.
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Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files
The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in <i>Capitol Records LLC v. ReDigi Inc.</i>, affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.
Features

UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
Features

The DTSA's Jurisdictional Nexus, Three Years In
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
Features

When Alice Leaves Software in Wonderland: Review the Terms of Use
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
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IP News
SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA<br>New York District Judge Extends Estoppel Under §315(e) to Grounds Not Raised in Petition for <i>Inter Partes</i> Review
Features

11th Circuit Weighs in on Intersection of Lanham Act and FDCA Protein Powder Labeling Requirements
A battle between two dietary supplement manufacturers has revived interested in the intersection between the Lanham Act and federal labeling regulations. The issue: can an advertiser challenge a competitor's product label for false advertising under the Lanham Act if it complies with applicable federal regulations?
Features

The USPTO Brings New Guidance to the Section 101 Quandary
<b><i>Part Two of a Two-Part Article</b></i><p>USPTO Attempts to Provide Greater Clarity for Patent-Eligible Subject Matter
Columns & Departments
IP News
Kapoor v. National Rifle Association of America
Columns & Departments
Book Releases
The Essential Guide to Entertainment Law: Intellectual Property<br>The Essential Guide to Entertainment Law: Dealmaking
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