The TTABlog

APRIL 26, 2024

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. Here are the three such appeals recently decided by the TTAB. How do you think these three came out? No hints this time. Answers in first comment.] In re Melapreneur , Serial No.

Business 59

Business Copyright 59

Hugh Stephens Blog

SEPTEMBER 5, 2022

A couple of weeks ago I wrote about the Omegle case, a potentially ground-breaking suit in the US in which an internet platform, Omegle, was denied the use of the Section 230 liability immunity defence by a judge in Oregon.

130

130

Intellectual Property Law Blog

MARCH 13, 2024

Some of the key takeaways from the Report include the following: While many stakeholders raised concerns about copyright and trademark infringement associated with NFTs, most believed that current intellectual property laws are adequate to deal with infringement.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Justice Ayyangar advocated for the inclusion of Section 8 to promote honest and open disclosure.

Patent 72

Patent Patent Application Intellectual Property Law 72

Patently-O

APRIL 17, 2024

23 (2003), false claims about the inventorship or authorship of a product are not actionable under the Lanham Act. 1125(a)(1)(B) (Section 43 of the Lanham Act). 292, though they disagree about its implications for this case. Twentieth Century Fox Film Corp. ,

False Advertising 110

False Advertising Advertising Advertising Patent 110

SpicyIP

JANUARY 30, 2024

However, it is unclear who were the stakeholders that were consulted before formulating the draft rules and presently the publication does not specify anything about the drafting process adopted by the department. However, logically it should also apply to the offenses under Section 124 as well.

Patent 111

Patent Invention Blogging Government 111

Technology & Marketing Law Blog

NOVEMBER 5, 2023

I gave a brand-new talk about Section 230 at the California Lawyers Association IP Institute. (It not the decentralized web, but instead a highly centralized one): The post Some New Section 230 Memes appeared first on Technology & Marketing Law Blog. It was recorded, but I believe it will be behind the CLA paywall).

Blogging 82

Blogging Branding Brands Branding 82

Technology & Marketing Law Blog

APRIL 1, 2024

The court doesn’t appreciate this argument: these are children we’re talking about. Note that payment processors always have the potential to process payments for illegal activities due to their typically limited insights about the nature of remote transactions. Section 230.

Social Media 75

Social Media Blogging Publishing Designs 75

Michael Geist

APRIL 15, 2024

The Law Bytes podcast tackled the Internet platform portion of the bill last month in an episode with Vivek Krishnamurthy and then last week Professor Richard Moon joined to talk about the return of Section 13 of the Canada Human Rights Act.

Law 85

Law 85

Christopher Roser

NOVEMBER 14, 2023

In my series of posts on the Toyota KPI dashboard I went into detail about the different sections and KPIs. These dashboards work well fro Toyota. However, this does not mean that they automatically work well for you too. Chances are, you are not making cars. Even if you are, your relevant KPI information may.

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87

JD Supra Law

DECEMBER 20, 2023

Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching some mediocre (and some great!) movies, and enjoying good food and drink. By: Holland & Knight LLP

Patent 70

Patent 70

The IPKat

FEBRUARY 10, 2024

Marcel Pemsel informed readers about the latest CJEU decision on exhaustion, which addressed issues about the burden of proof for establishing that the conditions for exhaustion have been satisfied. This seat of the Central Division replaces the former London section.

Public Domain 62

Public Domain Designs Design Copyright 62

IP Watchdog

APRIL 4, 2024

Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision decision authored by Judge Reyna today affirming a district court’s grant of a Rule 12(b)(6) motion alleging that AI Visualize’s patent claims were ineligible under Section 101. AI Visualize owns U.S. Patent Nos.

Patent 64

Patent Patent Infringement Technology Litigation 64

The TTABlog

APRIL 15, 2024

The Board sustained this straightforward Section 2(d) opposition to registration of the mark SAGEFORTH for "providing information in the field of psychological counseling, assessments, diagnosis, and treatment," in view of the registered mark SAGE CENTRAL for "providing health and medical information about postpartum depression and treatment."

Registration 56

Registration Copyright 56

Technology & Marketing Law Blog

OCTOBER 16, 2021

OTC successfully defended on Section 230 on a motion to dismiss. The court applies the standard three-part test for Section 230: ICS Provider: “OTC disseminates information on listed companies.” ” Third-Party Information: The claims are based on information Remo (a third party) submitted about ADHC.

Publishing 106

Publishing Blogging Reporting Marketing 106

Christopher Roser

OCTOBER 3, 2023

This time I will look in more detail at the first (and arguably most important) section on safety. And, while I’m at it, let me also tell you some more about safety at Toyota. In my last post I showed you an overview of the Toyota KPI dashboard. Introduction Toyota likes to say that it.

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The TTABlog

FEBRUARY 21, 2024

People are saying that one can predict the outcome of a Section 2(d) appeal about 95 percent of the time just by looking at the marks and the goods and/or services. Here are the three Section 2(d) appeals recently decided by the TTAB. How do you think these three came out? Answers in first comment.] In re Adorama, Inc.

Designs 69

Designs Design Copyright 69

Technology & Marketing Law Blog

JULY 13, 2022

Plaintiff argues that under Section 230(c)(1), his company, MSD, is “a provider and a user of interactive computer services,” that Plaintiff is individually “a separate legal entity” from MSD, and, therefore, under Section 230(c)(1), MSD could not be sued for content provided by Plaintiff. Case Citation : Goodman v. July 12, 2022).

Copyright Infringement 96

Copyright Infringement Copyright Blogging Trademark 96

The IPKat

APRIL 3, 2023

Here’s what Desmond writes: Nigeria's new Copyright Act 2022: how libraries can benefit by Desmond Oriakhogba Background In October 2021, I wrote about the Nigerian copyright law reform process. The reform process is now complete with the recent assent to the Bill, as the Copyright Act 2022, by the Nigerian President.

Copyright 127

Copyright Intellectual Property Fair Use Copyright Law 127

Technology & Marketing Law Blog

MARCH 19, 2024

Despite the tragedy, this should be an easy dismissal on Section 230 and causation grounds. Section 230. As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Instead, a Buffalo-based New York trial judge rejected the motion to dismiss. Case Citation : Jones v.

Social Media 98

Social Media Designs Design Blogging 98

The Illusion of More

DECEMBER 27, 2022

In my recent post about Gonzalez v. Google—the Section 230 case granted cert by the Supreme Court—I expressed the view that the word “recommendation” is too charming to describe the interaction between social media algorithms and many users’ experiences.

Social Media 95

Social Media Law 95

Technology & Marketing Law Blog

JULY 12, 2022

For my thoughts about self-publishing an ebook casebook, see this article. Accordingly, I deleted my 2-decade-old writeup about spam harms (spam law is passé), my decade-old essay on online trespass to chattel reform (mangled by the Van Buren/hiQ clusterf…), the decade-old In re Rolando S. Primer on Section 230.

Editing 139

Editing Law Social Media Privacy 139

Patently-O

APRIL 3, 2024

By David Hricik, Mercer Law School Over on Gene Quinn’s IPwatchdog page, former chief judge Rader has written an article about the Supreme Court’s 101 jurisprudence. The fact that Section 101 is not a “condition of patentability” lends great support to that, as does the legislative history of the 1946 and 1952 act.

Blogging 40

Blogging Patent Law 40

Technology & Marketing Law Blog

AUGUST 20, 2023

We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. Facebook moved to dismiss on Section 230 grounds. The court applies the standard three-part Section 230 test: ICS Provider. ” Facebook easily qualifies for Section 230. .

Privacy 70

Privacy Publishing Blogging Litigation 70

Technology & Marketing Law Blog

MARCH 9, 2024

In fact, about the only thing ringless voicemails share in common with old-school telemarketing is that both involve the dissemination of audio over an electronic network. So I’m not on the same wavelength as the court about the “common meaning” of a telephone call. What about a Zoom meeting? ICS Provider.

Blogging 88

Blogging Publishing Technology Marketing 88

43(B)log

NOVEMBER 13, 2023

It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding. Another expert surveyed prescribers to opine on the extent to which a company’s advertising claim that it operates in full compliance with Section 503A is important to them. Although 54.1%

False Advertising 71

False Advertising Advertising Advertising Government 71

Technology & Marketing Law Blog

JULY 22, 2021

The Second Circuit affirmed , in a precedent-setting opinion relying on Section 230(c)(2)(A). The panel reaches the same outcome for the same reasons: Vimeo wins and Domen loses because of Section 230(c)(2)(A). Everything about this process feels sloppy. The district court dismissed Domen’s complaint. The Prior Opinion.

False Advertising 141

False Advertising Contracts Editing Advertising 141

The TTABlog

JANUARY 18, 2024

By my count, in 2023 the Board issued final decisions in 60 appeals from Section 2(e)(1) mere descriptiveness refusals or from disclaimer requirements based on mere descriptiveness. That's an affirmance rate of about 93%. The Board affirmed 56 of the refusals and reversed four. Text Copyright John L.

Technology 75

Technology Designs Design Copyright 75

Technology & Marketing Law Blog

MARCH 12, 2023

. “the reviews and complaints posted to BBB and BBB-GM profiles concern issues of public interest because such posts are intended to provide otherwise unavailable information about specific businesses to the public and future potential consumers.” ” Section 230. Defamation. ” Case citation : Amuze v Better Bus.

Business 101

Business Copyright Law Blogging Law 101

Technology & Marketing Law Blog

JANUARY 27, 2024

The district court initially dismissed all of the claims for their lack of merit, after discussing Snap’s Section 230 defense irresolutely. Section 230. Of course the plaintiffs are actually complaining about the third-party content; without that harassment, no one cares about Snap’s alleged failings.

Blogging 67

Blogging Social Media Law Business 67

Technology & Marketing Law Blog

FEBRUARY 20, 2023

Second, coverage of the oral arguments will be overwhelmed by the misguided and erroneous bloviating by so-called experts (such as the “national security experts”) who are new to Section 230 and don’t understand the law–or care about free speech or freedom–at all. Free RSVP.

Social Media 91

Social Media Advertising Advertising Publishing 91

IP and Legal Filings

MARCH 29, 2024

This urgency led to the enactment of Real Estate Regulatory Authority Act in 2016 with only 67 out of 90 sections notified at that time. All the rest sections were notified in 2017 and the act came into force from that time. The act consists of 92 sections and are divided into 10 chapters and is applicable in whole of India.

Registration 52

Registration Government Advertising Advertising 52

The TTABlog

MARCH 6, 2024

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case about 95 percent of the time just by looking at the marks and the involved goods and/or services. Here are three Section 2(d) oppositions recently decided by the TTAB. At least one of the oppositions was dismissed. Hormel Foods, LLC v.

Registration 64

Registration Designs Design Copyright 64

Technology & Marketing Law Blog

AUGUST 2, 2021

For my thoughts about self-publishing an ebook casebook, see this article. I’ve now framed it as a note about California’s consumer privacy laws. Vimeo ruling as a new principal case on Section 230(c)(2)(A). Primer on Section 230. Excerpt on notes about UMG v. Verio (Trespass to Chattels section).

Editing 145

Editing Law Privacy Contracts 145

TorrentFreak

SEPTEMBER 10, 2023

However, in the section titled “Sharing with third parties” statements become much more explicit. Sky’s Privacy Policy is available here Virgin Media Privacy Policy The first mention of using customer data for anti-piracy purposes appears in section 4 of Virgin Media’s privacy policy.

Privacy 115

Privacy IP Copyright Reporting 115

Technology & Marketing Law Blog

FEBRUARY 7, 2024

On appeal, the Tenth Circuit affirms the dismissal–without relying on Section 230. Section 230. ” Yet another case where Section 230 reform wouldn’t change the outcome. But we now know that this case was never meritorious, with or without Section 230. Negligence. Consumer Protection Act.

Advertising 94

Advertising Advertising Designs Design 94

Kluwer Copyright Blog

DECEMBER 11, 2023

The recital makes it clear that the “summary should be comprehensive in its scope instead of technically detailed, for example by listing the main data collections or sets that went into training the model, such as large private or public databases or data archives, and by providing a narrative explanation about other data sources used.”

Copyright 145

Copyright Copyright Law Publishing Public Domain 145