LexBlog IP

JANUARY 18, 2022

The new year is unfolding, and we are unexpectedly back in our kitchens, or should be, as we minimize socializing in indoor restaurants and bars. Olive Oil and State Pride. California consumers have hardly been in danger of encountering low grade olive oil. The Irritant. See illustration.).

Law 52

Law Trademark Branding Brands 52

LexBlog IP

MARCH 6, 2023

Competition in the world of online sales is intense, but companies that used inflated original prices to lure customers face consequences. JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.”

False Advertising 52

False Advertising Advertising Advertising Settlement 52

43(B)log

JANUARY 5, 2022

He alleged that the shuttle didn’t comply with those safety measures, and sued TripAdvisor and Viator, “a company that advertises its services in cooperation with TripAdvisor,” under California law. The CLRA likewise bars advertising goods or services “with intent not to sell them as advertised,” Cal. complaint.” .

Advertising 72

Advertising Advertising Publishing False Advertising 72

LexBlog IP

OCTOBER 19, 2021

On September 27, 2021, California Governor Gavin Newsom signed SB 62 , also known as the Garment Worker Protection Act, into law. SB 62 makes California the first state to require an hourly minimum wage for garment workers by banning piece rate pay. Elimination of Piece-rate Compensation Plans in Garment Industry.

Law 52

Law Contracts Branding Brands 52

LexBlog IP

MARCH 14, 2024

On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits. The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM.

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

Patently-O

SEPTEMBER 8, 2022

The district court dismissed the case — finding that Zipit had insufficient contacts with the state of California. The court instead concluded that Zipit had sufficient “minimum contacts” with the state and that the exercise of jurisdiction is not unreasonable. On appeal, however, the Federal Circuit reversed.

Law 53

Law Patent Law Licensing Government 53

Copyright Lately

JANUARY 31, 2023

Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act? British singer Rick Astley is best known for “ Never Gonna Give You Up ,” a song people voluntarily listened to in 1987 and were tricked into listening to in 2007. Don’t worry, it’s legit. (To

Music 99

Music Copyright Licensing Copyright Infringement 99

Bio Law Blog

NOVEMBER 22, 2021

10, 2021, the Northern District of California granted the United States Patent and Trademark Office’s (USPTO) motion to dismiss a lawsuit brought by Apple and co-plaintiffs challenging the Patent Trial and Appeal Board’s (PTAB) use of the Fintiv factors in deciding whether to institute inter partes review (IPR).

Litigation 52

Litigation Technology Patent Infringement Patent 52

LexBlog IP

APRIL 26, 2022

Masimo’s preliminary injunction requested to bar TW’s patent application, which bears Masimo’s trade secret of the optimization algorithm as alleged by Masimo, from issuing. True Wearables, Inc. , 2021-2146, 2022 WL 205485 (Fed. TW further showed that the conference paper had been cited over 1,200 times.

Patent Application 52

Patent Application Publishing Business Law 52

LexBlog IP

OCTOBER 10, 2023

13, 2018) Come to think of it you, you may also recall a California case holding VARA did not apply to graffiti comprised of large scale murals on the exterior of San Francisco’s oldest continuously operating queer bar, The Stud. Or, Can I post a photo of graffiti art to Instagram? G&M Realty L.P. ” Canilao v.

Social Media 52

Social Media Art Fair Use Moral Rights 52

Trading Secrets

NOVEMBER 11, 2022

This article was originally published in the Boston Bar Association’s Fall 2022 Boston Bar Journal. Even though Massachusetts is the 49 th state to adopt the UTSA, MUTSA differs from other states’ versions of the UTSA. Comparing the text of MUTSA to its predecessor.

Invention 59

Invention Law Litigation Journalism 59

IP Tech Blog

JUNE 16, 2023

The District Court in California, relying on section 230, dismissed the complaint for failure to state a claim, a ruling the plaintiffs appealed. 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.

Social Media 57

Social Media Technology Advertising Advertising 57

LexBlog IP

AUGUST 24, 2023

State privacy laws are changing rapidly in the U.S. Here are summaries of seven new state laws that have been enacted and go into effect in the next few years. We anticipate that more state legislatures will continue to enact privacy laws to protect consumers due to the absence of a federal privacy law.

Privacy 40

Privacy Law Business Higher Education 40

LexBlog IP

NOVEMBER 11, 2022

This article was originally published in the Boston Bar Association’s Fall 2022 Boston Bar Journal. Even though Massachusetts is the 49 th state to adopt the UTSA, MUTSA differs from other states’ versions of the UTSA. ” See M. Comparing the text of MUTSA to its predecessor.

Invention 52

Invention Law Litigation Intellectual Property 52

Patently-O

FEBRUARY 1, 2022

Companies and trade associations were broadly classified as “High Tech” (18%) or “Life Sciences” (14%). California had the highest number of submissions (11). Carrington and Professor Jorge L. Background . The Senators also asked the PTO to evaluate the responses and provide a detailed summary of its findings by March 5, 2022.

Patent 122

Patent Invention Technology Marketing 122

TorrentFreak

MAY 15, 2023

The use of lawsuits to solve complex commercial disputes suggests that no amount of talking will ever produce the desired results. For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade.

Copyright 130

Copyright Intellectual Property Business Licensing 130

43(B)log

DECEMBER 28, 2022

The FDA allegedly recently warned companies regarding product labeling and smoked ingredients. Under Wisconsin precedent, Wisconsin law adopts FDA definitions and provides a private right of action for a violation of that law (like California does). 3d -, 2022 WL 4776319 (E.D. How did that apply to “Smoked Gouda”?

False Advertising 59

False Advertising Advertising Advertising Law 59

TorrentFreak

FEBRUARY 2, 2023

When the federal government shut down pirate IPTV services owned by Pennsylvania and New Jersey man, Bill Omar Carrasquillo in November 2019, it became one of the most high-profile anti-piracy operations ever conducted in the United States. When Barone’s time came, his pay increased to between $400 and $600 per week, he says.

Television 118

Television Social Media Advertising Advertising 118

LexBlog IP

JUNE 16, 2023

The District Court in California, relying on section 230, dismissed the complaint for failure to state a claim, a ruling the plaintiffs appealed. 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.

Technology 52

Technology Social Media Advertising Advertising 52

Kluwer Copyright Blog

NOVEMBER 15, 2022

Recent appellate decisions in the United States have recognized expanded grounds for personal jurisdiction in cases of internet-based copyright infringements; divided on the extent to which the three-year statute of limitations limits damage recoveries; and increased the occasions for motions to dismiss on the ground of fair use. VNG Corp. [1]

Copyright 60

Copyright Fair Use Copyright Infringement Ownership 60

U.S. Department of Commerce

FEBRUARY 24, 2022

Only five percent of Black Americans own equity in a business in the United States, according to an October 2020 McKinsey study. Only five percent of Black Americans own equity in a business in the United States, according to an October 2020 McKinsey study. EDA and MBDA Support a New Generation of Black Entrepreneurs. KCPullen@doc.gov.

Business 87

Business Government Ownership Contracts 87

Trading Secrets

JUNE 22, 2022

There are limited exceptions to California’s general prohibition of post-termination non-competition agreements. One such exception is the sale of business exception found in California Business & Professions Code § 16601. Background facts.

Ownership 98

Ownership Business Contracts Law 98

LexBlog IP

SEPTEMBER 15, 2021

Just over five years after the California-based retail giant Deckers Outdoor Corp. Deckers ) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd ( Australian Leather ) for trademark infringement, the U.S. Court of Appeals for the Federal Circuit has ruled in favour of Deckers. Background.

Trademark 52

Trademark Registration Branding Brands 52

Patently-O

MARCH 15, 2022

The Delaware court (Judge Stark) sided denied preliminary relief and instead sided with the patent challenger – finding (1) evidence of breach was lacking and (2) the real irreparable harm would come from barring the IPR. After a failed negotiation, Sarepta petitioned for Inter Partes Review of Nippon Shinyaku’s patents.

Contracts 80

Contracts Law Litigation Patent 80

IP Tech Blog

MARCH 29, 2023

and other technology companies together with Edwards Lifesciences, was remanded to the district court in the Northern District of California for further proceedings on this issue. The case, brought by Apple Inc. The Fintiv Factors and Instructions As discussed in our prior blog ( here ), the PTAB’s decisions in NHK Spring Co.

Patent 57

Patent Litigation Designs Design 57

LexBlog IP

MARCH 29, 2023

and other technology companies together with Edwards Lifesciences, was remanded to the district court in the Northern District of California for further proceedings on this issue. § 553. The case, brought by Apple Inc. Intri-Plex Techs. and Apple Inc. Fintiv, Inc. were designated as precedential in 2019 and 2020, respectively.

Patent 52

Patent Designs Design Government 52

Technology & Marketing Law Blog

DECEMBER 6, 2022

Judge Chen of the Northern District of California granted LinkedIn’s summary judgment motion on its breach of contract claim, granted summary judgment for LinkedIn on hiQ’s unfair competition and tortious interference claims, denied hiQ Labs’ motion on its CFAA claim, and granted in part LinkedIn’s motion for spoliation sanctions.

Blogging 75

Blogging Contracts Litigation Law 75

LexBlog IP

JULY 18, 2023

GPT-4 passed the Uniform Bar Exam (UBE), and it didn’t just barely squeak by: it scored in the 90th percentile, outperforming the average real life test taker. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz. His blunder suggested that we are not so easily replaceable by AI.

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

GPT-4 passed the Uniform Bar Exam (UBE), and it didn’t just barely squeak by: it scored in the 90th percentile, outperforming the average real life test taker. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz. His blunder suggested that we are not so easily replaceable by AI.

Business 52

Business Law Social Media Reporting 52

Kashishipr

JULY 14, 2021

wherein a fruit nectar manufacturing company alleged the defendant to be breaching its copyright underlying a label affixed on its bottle. Like any other asset, the question of protecting recipes and corresponding assets through the application of Intellectual Property (IP) laws has gained momentum. Copyright and Recipes.

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

LexBlog IP

SEPTEMBER 29, 2021

Under both the Uniform Trade Secrets Act (adopted by every state but New York) and the federal Defend Trade Secrets Act , the owner of a trade secret must make reasonable efforts to maintain the secrecy of the information the owner wishes to protect. A recent decision by the Ninth Circuit Court of Appeals in BladeRoom Group Limited v.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

43(B)log

OCTOBER 5, 2021

Plaintiff had Article III standing to seek injunctive relief despite her statement that she “would never knowingly support a company selling illegal products in violation of federal law.” Redbubble, Inc., 2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. Despite ruling in her favor on a lot of predicate issues, the court nonetheless declines.

Registration 45

Registration Litigation Business Law 45

43(B)log

FEBRUARY 6, 2023

1, 2023) The FTC, joined by California, Colorado, Florida, Illinois, Massachusetts, and New York, sued Roomster, an internet-based room and roommate finder platform, and related individuals. The states alleged violations of their respective UDAP laws. Any money would go to the states only.

False Advertising 72

False Advertising Confidentiality Advertising Advertising 72

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. Conclusion.

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

JULY 11, 2022

4, June/July 2022, by the American Bar Association. 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.

Marketing 52

Marketing Marketing Law All Rights Reserved 52

The IP Law Blog

JULY 11, 2022

4, June/July 2022, by the American Bar Association. 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.

Marketing 52

Marketing Marketing Law All Rights Reserved 52