43(B)log

AUGUST 31, 2021

Both back labels contain, however, two lines of text referencing California. It also clarifies that the wine is “[m]ade in California in the signature Copper Cane style[.]” Plaintiffs brought the usual California statutory claims. Next, CC argued that the labels expressly disclosed that the wine was bottled in California.

Graphic Design 56

Graphic Design Government Designs Design 56

The IPKat

JANUARY 2, 2022

Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021. The search for EUTM case law before EU Courts from the previous year was based on decisions included in the eSearch Case Law database. Daktronics, Inc., 21-438).

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Patently-O

SEPTEMBER 21, 2022

The PTAB is the busiest patent court in the country. California Inst. More recently, the court was faced with unique partial-institution circumstances in Click-to-Call Techs. 2022), and again the court concluded that broad estoppel is appropriate. The district court sided with defendant Ingenio on summary judgment.

Litigation 56

Litigation Patent Art Technology 56

LexBlog IP

OCTOBER 5, 2021

the Court of Appeals for the Federal Circuit (“the CAFC”) dismissed an appeal by MaxPower Semiconductor, Inc. (“MaxPower”) of four determinations to institute inter partes review (“IPR”) of four of MaxPower’s patents. convince the court that the writ is appropriate under the circumstances.

Contracts 52

Contracts Patent Licensing Law 52

IP Tech Blog

JUNE 16, 2023

Gonzalez is one of two cases recently decided by the Supreme Court dealing with the imposition of liability on websites that host user-generated content (UGC) for the actions of their users. The Supreme Court granted certiorari. There was a lot of alluding by the Court to “tomorrow” when maybe we would find out.

Social Media 57

Social Media Technology Advertising Advertising 57

LexBlog IP

JUNE 16, 2023

Gonzalez is one of two cases recently decided by the Supreme Court dealing with the imposition of liability on websites that host user-generated content (UGC) for the actions of their users. The District Court in California, relying on section 230, dismissed the complaint for failure to state a claim, a ruling the plaintiffs appealed.

Technology 52

Technology Social Media Advertising Advertising 52

Copyright Lately

JANUARY 31, 2023

Instead, he’s claiming that the imitation of his voice is a violation of California’s right of publicity law, which protects against the unauthorized use an individual’s name, image, likeness, voice and other attributes of the person’s identity. But Astley isn’t suing for copyright infringement.

Music 99

Music Copyright Licensing Copyright Infringement 99

LexBlog IP

DECEMBER 15, 2021

The FTC (the Commission) has given us plenty to write about these days, particularly as it looks for ways to beef up its ability to obtain monetary relief in light of the Supreme Court’s unanimous AMG decision. California has put precise percentages around how much domestic content it expects to substantiate a Made in USA claim.

Cease and Desist 52

Cease and Desist Advertising Advertising Blogging 52

43(B)log

FEBRUARY 24, 2021

Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Arochi: Interior Ministry and Consumer Protection Agency require permits for some sweepstakes/contests. TV contest for example requires a specific agency permit. California has a 5% foreign content requirement.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

OCTOBER 19, 2021

Let’s hope the judge corrects his errors or that the appeals court does it for him. * * *. The court approaches this case like it’s an adware case, but the court never once uses the term. Thus, a court’s hypothesis may have no grounding in reality. Trigger warning: this is a terrible opinion.

Licensing 87

Licensing Copyright Contracts Advertising 87

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Around that same time, FDA responded to Pfizer’s August 2018 citizen petition in which the company asked the agency to issue guidance “to ensure truthful and non-misleading communications by sponsors concerning the safety and effectiveness of biosimilars, including interchangeable biologics, relative to reference product(s).”

Settlement 40

Settlement Licensing Designs Design 40

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 20, 2022

In April 2022, Kathi Vidal assumed office as Director of the United States Patent and Trademark Office (USPTO or Office), ushering in a new era for the agency. In a Sotera -style stipulation, the petitioner stipulates not to pursue in district court the same grounds or any grounds that reasonably could have been raised in the petition.

Journalism 74

Journalism Patent Art IP 74

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. On January 1, 2020, California Assembly Bill 824 (AB 824) went into effect. Back to top ?. BPCIA Litigation.

Settlement 52

Settlement Litigation Marketing Marketing 52

Trading Secrets

DECEMBER 19, 2023

Courts continue to recognize combination trade secrets where a plaintiff can demonstrate a unique combination of processes and information that aid company processes, including research and development. Federal agencies actively enforce restrictions on non-competes, leading to criminal indictments in specific industries.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

JANUARY 4, 2022

The Supreme Court’s AMG decision – It’s unusual for the Court to decide a case involving the Federal Trade Commission (FTC), it’s unusual for the Court to decide a case unanimously and, unusually, the Court reversed a practice by the FTC that dates back to the 1970s.

Advertising 52

Advertising Advertising Marketing Marketing 52

LexBlog IP

DECEMBER 19, 2023

Courts continue to recognize combination trade secrets where a plaintiff can demonstrate a unique combination of processes and information that aid company processes, including research and development. Federal agencies actively enforce restrictions on non-competes, leading to criminal indictments in specific industries.

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

Copyright Lately

APRIL 17, 2023

.”) In fact, based on my simple Lex Machina query extensive research, the ten most prolific plaintiffs are responsible for a whopping 50% of the copyright cases filed in federal court over the past three years. Minden is a licensing agency that specializes in wildlife and nature photography. First prize is you get sued.

Copyright 66

Copyright Litigation Due Diligence Licensing 66

LexBlog IP

JANUARY 5, 2023

This development should come as no surprise since President Biden issued an executive order in July 2021 authorizing the FTC and other agencies to investigate the unfair use of noncompetes and other restrictive covenants and curtail their use. Supreme Court’s recent decision in West Virginia v.

Cease and Desist 52

Cease and Desist Confidentiality Blogging Business 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. On May 28, 2021, FDA notified BI via an interim response that the issues raised in BI’s petition had not yet been resolved “because it raises complex issues requiring extensive review and analysis by Agency officials.”.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

NOVEMBER 24, 2021

The district court ruled against him , and that ruling is in our dataset of account termination/content removal cases (reminder: none of them succeeded). This opinion isn’t precedential, which is too bad because this opinion would be useful precedent for many other censorial cases percolating in the court system. B&P 17200.

Social Media 140

Social Media Government Publishing Contracts 140

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? I was particularly interested in doing a deep dive on the idea that the Court thought that both Dogan & Lemley and Dinwoodie & Janis were right, when most of us understood the two articles to be debating with each other.

Trademark 45

Trademark Law Branding Brands 45

SpicyIP

MAY 14, 2022

A member of the California, Federal Circuit Bar, and US Supreme Court bars, Ghosh was elected to the American Law Institute in 2012 and is currently a member of the advisory board on the Restatement of Copyright. Ragavan graduated with a BA. from King’s College, University of London. v Green Shades Software, Inc.,

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

LexBlog IP

APRIL 20, 2022

Beyond these IP cases and properties, the notion of spring cleaning has been applied to courts sorting through the issues before them. It has been noted as to the US Supreme Court’s requirement that it render before its summer break decisions in all cases argued in the current term and dispose of as many cert. ’ (Op.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

MAY 19, 2023

These allegations meet the “far more active form of participation” required to survive this stage of the proceedings [Just a reminder that the court’s casual suggestion that Omegle could adopt age verification technology might itself be an unconstitutional requirement. The age verification battle will ultimately reach the Supreme Court.]

Social Media 126

Social Media Advertising Advertising Designs 126

LexBlog IP

MARCH 1, 2022

For instance, during the Trump presidency, then-California Attorney General Xavier Becerra sued the federal government more than 110 times, spending tens of millions of dollars on litigation on a wide variety of issues spanning immigration, voting rights and climate change, among others. Takeaway No. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 24, 2023

The threats are everywhere: Congress, state legislatures, the Supreme Court, internationally. For now , other courts are acknowledging how unpersuasive this opinion is. California AADC (AB 2273). (I So regulatory efforts under the “protect kids online” banner are routinely performative and pernicious.

Law 112

Law Social Media Government Privacy 112

Herbert Smith Freehills

SEPTEMBER 10, 2021

At the federal level, the Biden administration’s climate strategy includes appointing cabinet and agency leaders based in large part on their climate bona fides , restoring and strengthening Obama-era regulations of carbon emissions, and restraining fossil fuels extraction on federal property. Agency Regulations. Introduction.

Government 52

Government Business Reporting Publishing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

At the federal level, the Biden administration’s climate strategy includes appointing cabinet and agency leaders based in large part on their climate bona fides , restoring and strengthening Obama-era regulations of carbon emissions, and restraining fossil fuels extraction on federal property. Agency Regulations. Introduction.

Government 52

Government Business Reporting Publishing 52