LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. Takeaway : Companies often include a long list of information that qualifies as proprietary or confidential.

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Technology & Marketing Law Blog

MAY 13, 2023

1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Bye, Goff appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 86

Advertising Advertising False Advertising Trademark 86

Trading Secrets

DECEMBER 19, 2023

A day before the FTC issued its proposed rulemaking, the FTC issued a press release that it had sued, and reached a settlement with, three employers in the security and manufacturing sector that the FTC alleged had “illegally imposed noncompete restrictions on workers.”

Confidentiality 52

Confidentiality Litigation Business Law 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. They could not.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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IP and Legal Filings

JANUARY 21, 2022

Through the settlementwhich was under confidential terms, the parties settle their patent dispute and lawsuits. With vigorous marketing of patent portfolios, it becomes necessary that those dispute settlements must be done on an amicable basis. Chinese market. Image Source: gettyimages].

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Technology & Marketing Law Blog

DECEMBER 19, 2021

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Luxy appeared first on Technology & Marketing Law Blog.

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LexBlog IP

DECEMBER 19, 2023

A day before the FTC issued its proposed rulemaking, the FTC issued a press release that it had sued, and reached a settlement with, three employers in the security and manufacturing sector that the FTC alleged had “illegally imposed noncompete restrictions on workers.”

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

LexBlog IP

NOVEMBER 28, 2023

If the creator has greater leverage or financial means than the enforcement-targeted business, the result of these demands is often swift settlement. What has been the market-effect on the underlying work? The first factor is of chief concern ordinarily. What is the purpose and character of the use? How much risk are we talking here?

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Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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Technology & Marketing Law Blog

MAY 22, 2023

Nor can it be said to show that Defendants’ marketing strategy made confusion likely. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.

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Advertising Advertising False Advertising Trademark 108

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions.

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Technology & Marketing Law Blog

AUGUST 17, 2021

BONUS : Plaintiffs allege that the marketing rights that Stevens and Hughes purchased from Google and Facebook directed searches for the Blaux brand to [link] where Stevens and Hughes sold products that competed with the Blaux portable air conditioner. What are “marketing rights”??? Case citation : Jim S. Adler, P.C.

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Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. –Adler v McNeil appeared first on Technology & Marketing Law Blog.

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Advertising Advertising False Advertising Trademark 83

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10]

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Patently-O

JANUARY 4, 2023

In the USA, civil litigation typically involves substantial discovery — with each party demanding to see the other side’s secrets. In patent law, these secrets are often at the core of the business process: product development and manufacturing processes, key product details, detailed market and sales data, etc.

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Litigation Confidentiality Designs Design 57

LexBlog IP

OCTOBER 18, 2023

27, 2023), involving a dispute between two businesses located in the same art gallery, serves as a reminder to New York art market participants to take care to avoid attorney conflicts of interest. 11] The decision provides a lesson for art market participants. 11] The decision provides a lesson for art market participants.

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Technology & Marketing Law Blog

MARCH 13, 2022

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Groupon appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

JANUARY 26, 2024

NY Times : SmileDirectClub to Release Customers From NDAs in Settlement Other Consumer Issues * Pop v. Gallagher Data Breach Litigation , 631 F.Supp.3d ” * AP : Confidential document reveals key human role in gunshot tech * Ronni Vogelsang , The Failure of FOSTA: Unintended Consequences Outweigh Good Intentions, 44 Univ.

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Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts’ keyword ad litigation campaign went on hiatus during the pendency of the FTC enforcement. With that resolved, 1-800 Contacts reverted to its old litigation tricks–and is getting the same futile outcomes. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. A few plaintiffs have won default judgments (including one I blog below).

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Registration Fair Use Copyright Designs 112

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?

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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. BPCIA Litigation. Antitrust Litigation. No earlier than July 31, 2023 per settlement.

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Litigation Settlement Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. No earlier than 2023 per settlement.

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The IPKat

JUNE 22, 2023

He then applied three economic adjustments (Sales distribution by cellular standard; Sales distribution by geography relative to emerging markets; Sales distribution by geography relative to patent coverage – [735] (more on that later) to adapt the rates from each PLA to Lenovo’s specific circumstances ([365]). This is artificial.

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Patent Infringement Licensing Patent Litigation 87

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. Libre 2 was launched in October 2020.

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Litigation Patent Marketing Marketing 98

SpicyIP

DECEMBER 12, 2022

Delhi High Court decreed the suit as per the terms settlement between the parties. Plaintiff sought an interim injunction against the Defendant from disclosing any copyright work and confidential information which it had acquired by during its their employment by the Plaintiff. Fmc Corporation & Ors. Image from here.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. higher energy density), and more durable than lithium-ion batteries.

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LexBlog IP

JUNE 7, 2023

The EUIPO would conduct non-binding checks to determine whether a patent is essential to a standard; Before launching a litigation, parties to a SEP licensing dispute would have to go through a mandatory conciliation procedure administered by the EUIPO. Essentiality checks do not eliminate litigation.

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Licensing Patent Confidentiality Registration 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. The Court here ruled that Ericsson had made a prima facie case it will prevail, and further ordered that Intex must pay 100% of the royalty while the case was pending (not just 50%). Ericsson argued that the Nokia v.

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Licensing Technology Intellectual Property Patent 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. An opt-in scheme could address the confidentiality concerns of IP owners. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. An opt-in scheme could address the confidentiality concerns of IP owners. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. An opt-in scheme could address the confidentiality concerns of IP owners. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

LexBlog IP

APRIL 20, 2022

See Business Standard article entitled Spring cleaning in the Supreme Court: The new Chief Justice swats frivolous litigation but more measures are needed. Beyond these IP cases and properties, the notion of spring cleaning has been applied to courts sorting through the issues before them.

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