Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager advanced four claims: California Constitution article 1, section 2 (free speech); Unruh Act violations; UCL; and breach of the implied covenant of good faith and fair dealing. That lawsuit produced a game-changer Ninth Circuit decision that has become the flagship federal opinion on account terminati0ns and content removals.

Contracts 134

Contracts Publishing Law Government 134

IP and Legal Filings

AUGUST 7, 2023

Introduction It is a well-known fact that most of the businesses in India are family-owned and controlled by the family members themselves. This has been the old age practice, and continues to be growing over a period of time in the modified form assimilate in the new juncture of doing business.

Reporting 93

Reporting Government Business Contracts 93

LexBlog IP

JULY 13, 2021

This article will try to explain just what an NFT is and, because of their relationship to the creative arts, some of the intellectual property issues surrounding them. What is the difference between “fungible” and “non-fungible”? Similarly, one Bitcoin is interchangeable with another. NFTs are not new.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

Patently-O

SEPTEMBER 26, 2022

The court’s first order of business comes on September 28, 2022 when it meets for the “long conference” to consider a fairly large pile of petitions that have piled-up over summer break. The most anticipated case last year was the 101 eligibility petition regarding automobile drive shaft manufacturing process.

Patent Law 126

Patent Law Law Patent Invention 126

IP Tech Blog

AUGUST 22, 2022

especially in the IT, entertainment and fashion businesses ? In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Since then, giant companies all over the world ?

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 22, 2022

Since then, giant companies all over the world ― especially in the IT, entertainment and fashion businesses ― have begun to launch products and solutions related to the ever developing Metaverse. The concept of Metaverse as an online framework for economic interoperability was born in and around 2020.

Design Patent 52

Design Patent Designs Design Patent 52

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction Yoga is an ancient practice which incorporates breathing exercises, meditation and poses (or Asanas) devised to enhance physical and mental well-being [1]. The term ‘Yoga’ originated from the Sanskrit term ‘Yuj’ which means ‘to unite’. Through this article we try to answer the question. Charlotte Anderson &Ors.

Copyright 89

Copyright Copyright Law Invention Public Domain 89

LexBlog IP

SEPTEMBER 2, 2022

This is because, on August 10, 2022, New York Governor Kathy Hochul signed into law a new requirement that museums with works of art which changed hands through theft, seizure, confiscation, forced sale, or other involuntary means during the Nazi era in Europe to display a sign acknowledging such information.

Art 52

Art Artwork Law Ownership 52

Velocity of Content

JUNE 7, 2022

What to Know and Why It Matters. CCC has partnered with Ringgold since 2014 to disambiguate author affiliations related to article processing charges in its RightsLink for Scientific Communications solution. CCC will invest in Ringgold to scale its operations up and expand its reach in the scholarly communications industry.

Marketing 52

Marketing Marketing Publishing Government 52

Copyright Lately

JANUARY 31, 2023

What makes Astley’s case interesting is that Gravy and his record label obtained the appropriate copyright license to recreate the melody and lyrics from “Never Gonna Give You Up” (which Astley didn’t write and doesn’t control) for “Betty (Get Money).” The defendants obtained a license to use the former, but not the latter.

Music 99

Music Copyright Licensing Copyright Infringement 99

LexBlog IP

FEBRUARY 22, 2022

– What is the purpose of your raise? What will the funds be used for at your company? What will the infusion of cash help your company achieve, and (why) are the funds necessary to reach that goal? If you’re wondering, “s**t, I think he means I have to make a budget,” you’d be right.

Due Diligence 40

Due Diligence Blogging Ownership Business 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. * * *. That sparked angst among website operators who couldn’t control what users were saying about them in the Third Voice frame. The issue is that Google incorporated a new feature into its Android software.

Licensing 87

Licensing Copyright Contracts Advertising 87

LexBlog IP

DECEMBER 28, 2022

This post analyzes this development, offers some theories on why these changes are now taking place, and provides some thoughts on what clients and lawyers long accustomed to seeking injunctions need to do to adapt to these changes. Employee misappropriation and restrictive covenants.

Litigation 52

Litigation Licensing Journalism Reporting 52

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

The IPKat

MAY 11, 2022

The Court held Article 17 of the DSM Directive compatible with freedom of expression and information under Article 11 of the EU Charter of Fundamental Rights. The judgment considers that the liability regime established under Article 17(4) represents a restriction on freedom of expression/information (para 58).

Intellectual Property 104

Intellectual Property Law Copyright Copyright Infringement 104

Kluwer Copyright Blog

APRIL 8, 2024

So, what does this memory problem actually mean? It means that the model memorises the training set more than it should; it ‘fits’ the training set so well that it is unable to generalise, or – which comes to the same thing – project its stochastic predictions onto fresh, unseen data.

Fair Use 113

Fair Use Copyright Copying Technology 113

Kluwer Copyright Blog

OCTOBER 4, 2023

The parody, pastiche, and caricature exception, enshrined in Article 5(3)(k) of the Information Society Directive ( InfoSoc ), represents an optional provision for EU member states to incorporate into their domestic legislation.

Copyright Law 87

Copyright Law Art Copyright Law 87

Velocity of Content

DECEMBER 6, 2023

Does the increasing use or distribution of AI-generated material raise any unique issues for your sector or industry as compared to other copyright stakeholders? Does the increasing use or distribution of AI-generated material raise any unique issues for your sector or industry as compared to other copyright stakeholders?

Copyright 90

Copyright Fair Use Licensing Copying 90

Kluwer Copyright Blog

JANUARY 16, 2024

Thus, the decisions about what textual information to include in the training dataset are deliberate choices. Meta’s Paper on LLaMA does not further describe the contents of Books3 or ThePile. District Court for the Northern District of California – San Francisco Division.

Derivative Work 133

Derivative Work Copyright Infringement Copying Copyright 133

LexBlog IP

JANUARY 13, 2022

What if I were to tell you, you could be both an LLC and an S-corporation and still be considered one single business entity? However, certain types of businesses are ineligible to make the election, such as insurance companies or financial institutions. Small Business Trust (“ESBT”). Pass-Through Taxation.

Business 52

Business Ownership Government Law 52

LexBlog IP

JANUARY 13, 2022

What if I were to tell you, you could be both an LLC and an S-corporation and still be considered one single business entity? However, certain types of businesses are ineligible to make the election, such as insurance companies or financial institutions. Small Business Trust (“ESBT”). Pass-Through Taxation.

Business 52

Business Ownership Government Law 52

Kluwer Copyright Blog

SEPTEMBER 29, 2022

In an unprecedented attempt to slay the big tech giants, formerly known as GAFAM , beyond the cumbersome means provided by competition law, the European legislature has recently signed the yet-to-be-officially-published Digital Markets “Act” – DMA. But what about users of minor platforms? Portability & the Digital Markets Act.

IP 56

IP Ownership Marketing Marketing 56

TorrentFreak

JULY 23, 2023

The VPN review business is flourishing as well. This article is not a recommendation of any kind. If so, exactly what information do you hold/share and for how long? What is the name under which your company is incorporated (+ parent companies, if applicable) and under which jurisdiction does your company operate?

Privacy 136

Privacy IP Technology Reporting 136

Copyright Lately

APRIL 19, 2022

As in, “Oh wow, I hope they know what they’ve gotten themselves into.”. Justice Souter’s opinion in Campbell was on behalf of a unanimous court, but in the past 28 years, the fair use doctrine—and especially the meaning and application of “transformative use”—has become incredibly messy and practically unworkable. ComicMix, LLC.

Fair Use 79

Fair Use Art Copyright Social Media 79

Patently-O

FEBRUARY 22, 2023

Patent assertion finance today is a multibillion-dollar business. [2] Patent assertion finance today is a multibillion-dollar business. [2] Patent assertion finance today is a multibillion-dollar business. [2] Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

Intepat

FEBRUARY 7, 2023

Moving Towards The Metaverse Businesses inadvertently move towards spaces which have the potential for more money to be tapped. One such growing space that is considered a hotbed for businesses is the metaverse. Instead, it is going to be transformative, building upon what already exists in the digital space.

IP 52

IP Law Invention Licensing 52

IP and Legal Filings

FEBRUARY 20, 2024

Let’s give you some insights as to What constitutes such infringement, what can be done against this, and the relevant laws governing such situations . Image Sources: Shutterstock] Now the question is what is personality rights or celebrity rights ? It’s something that most of us have done at some point. Interesting right?

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

The IPKat

MARCH 27, 2022

The footwear part of their business accounted for less than 20%. Fairfax & Favor brought design right infringement proceedings against the House of Bruar in August 2019 in respect of the design for the Regina and another boot - the Amira. Three versions of a boot sold by House of Bruar were at issue - Versions 1, 2 and 3.

Designs 52

Designs Design Copying Art 52

IP and Legal Filings

DECEMBER 21, 2023

Many sports organizations fail to adequately address the harms caused by harassment and abuse, often due to concerns about damage to their reputation or a lack of awareness, silence, and collusion. [3] is challenging to determine whether sports are more or less susceptible to such problems, and whether they offer any unique safeguards.

Reporting 72

Reporting Journalism Government Law 72

Kluwer Copyright Blog

NOVEMBER 29, 2022

This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for “online content-sharing services providers” (OCSSPs). After a brief word on the transposition options available to the Member States, it will focus on Article 15 CDSMD.

Reporting 52

Reporting Marketing Marketing Copyright 52

43(B)log

JULY 21, 2023

19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Does that sound like the claims against the domain names might be lached?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

Michael Geist

OCTOBER 3, 2022

I have been quite critical of Bill C-18, but that criticism does not stem from doubts about the importance of a robust, diverse news sector. First, the approach to the “use” of news articles extends far beyond what a reasonable person would consider use. Good afternoon. My name is Michael Geist.

Journalism 89

Journalism Law Government Copyright Law 89

LexBlog IP

FEBRUARY 1, 2023

And the debate continues, with Seattle, Los Angeles, NYC, Fairfax County (Virginia), and Montgomery County (Alabama) for example, having banned its use on or blocked its access on their public school systems and devices, while other educators are advocating its incorporation into the curriculum, according to both Forbes and the New York Times.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? That could also address some of the Article III standing issues I’ve been encouraging people to raise. But if Rogers survives, that’s what it does. Maybe to this we can add in Dastar.

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Trademark Law Branding Brands 45

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

What can be done to fix that? Does it mean that a service’s user-generated content must be readable by the public without registration or a fee? The term “social media platform” does not include: IAPs (“a person providing connectivity to the Internet or another wide area network”).

Social Media 143

Social Media Law Publishing Government 143