Technology & Marketing Law Blog

AUGUST 23, 2023

[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. Eric Goldman, Associate Dean for Research, Santa Clara University School of Law Date: August 22, 2023 Re: Comments regarding Future Strategies in Anticounterfeiting and Antipiracy, Docket No.

IP 80

IP Blogging Government Litigation 80

TorrentFreak

MARCH 2, 2023

In this quest, the filmmakers stumbled upon several comments from Reddit users which they believe could be useful. The filmmakers believe that the commenters can provide evidence to show that RCN didn’t have a proper repeat infringer policy, among other things.

Privacy 126

Privacy Copyright Infringement Copying Copyright 126

Michael Geist

MARCH 30, 2022

With exceptions that could easily capture TikTok or YouTube videos, the bill is about far more than just large companies. The comments coming from the Minister’s office aren’t any better. The policies about contributions and discoverability will fall to the CRTC. opens the door to regulating their content.

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Social Media Government 145

Michael Geist

JUNE 9, 2023

The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted.

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Social Media Government 131

Technology & Marketing Law Blog

FEBRUARY 26, 2024

These laws were never serious policy proposals; instead, the legislatures simply wanted to signal to voters that they hated “Big Tech.” ” The laws assembled a multitude of disparate policy ideas about how the legislatures could “censor” social media platforms.

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Social Media Law Blogging Marketing 79

Intellectual Property Law Blog

MAY 2, 2023

As a result, many companies are developing corporate policies on employee use of AI. This policy does not mean that technological tools cannot be part of the creative process – what matters is the extent to which the human had creative control over the work’s expression and “actually formed” the traditional elements of authorship.

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Government Business Licensing Copyright 237

SpicyIP

MAY 14, 2023

Nonetheless, knowing what data currently exists is a valuable starting point, from which evidenced based policy making, or fact-based IP can authentically build upon. At the time of launch, we have put together about 50+ Copyright related studies, and 50+ Patent related studies. Over time, we will add other areas of IP as well.

IP 139

IP Blogging Copyright Government 139

TorrentFreak

JANUARY 11, 2024

Some people feel so comfortable about their piracy habits that they openly discuss them online. However, they do want to use public piracy-related comments as evidence in a lawsuit against their Internet provider. The request doesn’t disclose why IP addresses are needed, since the anonymous comments are public.

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IP Copying Copyright Copyright Infringement 99

IP Intelligence

SEPTEMBER 20, 2023

What gets decided in the next six months to a year about artificial intelligence (AI) legislation, and regulatory action on copyrights and AI, will apply with equal force to AI uses in healthcare, energy and other industries as it does to a consumer using Midjourney to make a birthday card. 30, the U.S.

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Fair Use Public Domain Copyright Ownership 111

Plagiarism Today

OCTOBER 18, 2022

The Graduate School at Cornell held an inquiry back in August, which addressed the allegations about some lines in the preface to my dissertation and concluded there was no ill intent on my part there. Cornell Dean’s comment and Cornell’s official policies. As such, the school opted to take no further action in this matter.

Plagiarism 184

Plagiarism Privacy Confidentiality Invention 184

Intellectual Property Law Blog

JUNE 20, 2023

All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). are likely to feel the influence of policy considerations. For example, the US Patent Office is again seeking stakeholder input and public comment on the current state of AI technologies and related inventorship issues.

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Patent Invention Art Patent Application 130

Technology & Marketing Law Blog

JANUARY 15, 2024

This is the latest ruling in an investigation by DC Attorney General into Meta’s content moderation practices, especially regarding COVID-19 policies. The court says: As far as the speech’s “place,” Lucas published her comments on Facebook —a social-media platform for the widespread and instantaneous dissemination of information.

Social Media 64

Social Media Advertising Advertising Publishing 64

Patently-O

FEBRUARY 21, 2024

Chestek PLLC, a law firm run by Pamela Chestek and specializing in trademark law, challenged the domicile address rule itself, saying its imposition failed to comply with the notice and comment requirements of the Administrative Procedure Act (APA). Under the statute, an agency must publish notice of proposed rules prior to them becoming law.

Privacy 45

Privacy Trademark Inventor Law 45

Michael Geist

APRIL 27, 2023

I’ve been asked repeatedly this week about what now lies ahead, but I think it is worth one more look back. I have long believed that politics invariably involves compromise as governments look to maximize the political benefit and limit the political risk from any given policy. There are no guarantees it will come.

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Government Privacy Copyright Law 142

TorrentFreak

AUGUST 18, 2022

Keeping an eye on submitted posts isn’t that hard but user comments are the real problem as these are harder to keep up with. TorrentFreak spoke to PiratedGames moderator GrowAsguard who said that the team wasn’t warned about the ban in advance. No Advance Warning or Notice? The ban just appeared out of the blue.

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Copyright Copyright Infringement 141

IPilogue

JANUARY 28, 2022

During the first semester of my 3L year, I was placed at the Department of Canadian Heritage (PCH), Copyright Policy Branch for ten weeks through the IP Law & Technology Intensive Program. Analyzing the views of stakeholders is an essential aspect of a policy analysts’ role. This article shares my experience during my time at PCH.

Copyright Law 111

Copyright Law Copyright Law IP 111

The IPKat

NOVEMBER 7, 2023

The Diversity and Inclusion (D&I) Working Group of epi have submitted their fundamental objection to the proposal, arguing that it is incompatible with the epi Policy on Diversity and Inclusion. Excluded from the profession CIPA is also up in arms about the proposal and have recently published their own strongly worded response.

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Patent Invention Publishing 106

The IPKat

DECEMBER 12, 2021

Agnieszka Sztoldman (Taylor Wessing, University of Wroclaw) discusses about genuine use in the EU, commenting on the Monster Energy v. Thomas Jaeger, European law expert at the University of Vienna, was interviewed on the Kluwer Patent Blog about the unitary patent system and gave his opinion on this topic. IP Finance reports.

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Blogging IP Reporting Intellectual Property 115

TorrentFreak

JUNE 21, 2023

Reddit Users as Evidence Earlier this year, the filmmakers turned to Reddit after they found public comments by site users that could help their case. As part of the RCN lawsuit, they identified several potentially relevant comments and requested a DMCA subpoena, ordering Reddit to identify the anonymous users.

Copyright Infringement 113

Copyright Infringement Copyright IP Copyright Law 113

The IPKat

MARCH 16, 2024

Kat news Eleonora Rosati commented in a Politico article on the refusal of the trade mark application for the figurative sign by the EUIPO (no. Read more about this course here. With rising temperatures and spring in the air in Europe, here come the latest Kat news, events and more.

Intellectual Property Law 67

Intellectual Property Law Intellectual Property Blogging Copyright Law 67

Patently-O

NOVEMBER 27, 2023

1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants. policy ($57.3m 2] In this example—taken from a pitch—a $12.5m There, the $47.5m

Settlement 83

Settlement Litigation Branding Brands 83

Patently-O

MARCH 16, 2024

The case arose after James Freed, the city manager of Port Huron, Michigan, deleted comments and blocked a Port Huron citizen (Kevin Lindke) from commenting on Freed’s personal Facebook page after Lindke used the forum to criticize the city’s handling of the COVID-19 pandemic. Quoting Kennedy v. Bremerton School Dist. ,

Social Media 64

Social Media Government Designs Design 64

Technology & Marketing Law Blog

OCTOBER 5, 2021

This case involves Tanner’s comments on the Arkansas State Police’s Facebook page. The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. The Manually Deleted Comment. ” The Block on Commenting.

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Social Media Government Designs Design 105

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."

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Registration Copyright 56

Technology & Marketing Law Blog

AUGUST 18, 2021

24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process”. * Over 50 Privacy Professionals & Experts Oppose Prop. . * CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. 24. * Californians: VOTE NO ON PROP.

Privacy 145

Privacy Blogging Law Reporting 145

TorrentFreak

APRIL 10, 2023

Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. With Reddit about to reach adulthood, the site has certain responsibilities. In recent years, these have included the publication of a transparency report documenting how various legal policies affect the site’s content.

Copyright Infringement 129

Copyright Infringement Copyright Copyright Notice Reporting 129

Michael Geist

MAY 1, 2023

Opponents of the CBC invoked the notion of propaganda from the public broadcaster, while supporters responded that such comments amounted to an attack on a Canadian institution. That heated debate obscures the reality that there is a discussion worth having about the CBC’s independence, its transparency, and public reporting.

Law 53

Law Government Reporting 53

LexBlog IP

NOVEMBER 18, 2022

There were the usual questions, such as whether the Rule should be retained or modified, and also questions about whether the Rule should be expanded to cover other earnings opportunities, such as coaching services, e-commerce opportunities or investment opportunities. But we must ask one question about these meetings and their goal.

Advertising 52

Advertising Advertising Marketing Marketing 52

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. Excerpt on notes about UMG v.

Editing 139

Editing Law Social Media Privacy 139

SpicyIP

MAY 14, 2023

So you must be curious about everything in the world… ” Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship. On attributes of a researcher, Prof.

Intellectual Property 141

Intellectual Property Copying Blogging Reporting 141

LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. ” He emphasized that there is very little agreement about what is and isn’t an illegal dark pattern, particularly since the definition does not line up with the definitions of unfairness or deception.

Designs 52

Designs Design Reporting Business 52

Patently-O

SEPTEMBER 1, 2023

Copyright Office recently issued a formal notice of inquiry seeking public comments to help analyze AI’s copyright implications and form policy recommendations for both the Office and for Congress. The public is invited to provide input by submitting comments by the October 18, 2023 deadline.

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Copyright Copying Derivative Work Licensing 122

The TTABlog

JULY 11, 2023

Thomas McCarthy shares his thoughts (below) on the Supreme Court's "Bad Spaniels" decision (pdf here ), in the hope of stimulating discussion (in the comments) as to what readers think will be the impact of the case on the use of marks in "expressive" works. Professor J. As you will recall, the Court vacated the decision of the U.S.

Trademark 73

Trademark Government Designs Design 73

Michael Geist

MAY 18, 2022

Yet Scott’s comments rang hollow as he twisted himself in a series of contradictory knots that lead to the inescapable conclusion that non-binding promises without actual reforms mean little. 2) as chair he doesn’t make decisions for the Commission. (3) 3) the CRTC relies on an exhaustive public record to make decisions, and. (4)

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Michael Geist

NOVEMBER 15, 2022

I’m hardly one to criticize multiple committee appearances, but the continued effort to clarify earlier comments smacks of political involvement. But his repeated comments merely reflect the provisions found in Bill C-11 and no number of clarifications will change that reality. What did you mean by the term “regulate”?

Government 88

Government Advertising Advertising 88

Michael Geist

MAY 18, 2023

The timeline to participate in this consultation is extremely tight with comments due as early as June 12 th for two of the consultations and June 27 th for the larger regulatory framework one. Either way, it has fleshed out the legislation and launched its consultations without the policy direction in hand.

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Social Media Ownership Government Television 134

43(B)log

MAY 8, 2023

The Engelberg Center on Innovation Law & Policy will host this year’s Trademark and Unfair Competition Scholarship Roundtable. Five to six papers will be chosen for discussion over the course of the Roundtable, with each paper allocated an entire hour for discussion and assigned a commentator.

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Trademark False Advertising Advertising Advertising 72