The Illusion of More

JUNE 30, 2023

Because the Court unanimously found in Taamneh that there was no basis in anti-terrorism law […] The post AI, Search, & Section 230 appeared first on The Illusion of More. Taamneh, a pair of interrelated cases in which both plaintiffs sought to hold online platforms liable for hosting material meant to inspire acts of terrorism.

Law 75

Law 75

Technology & Marketing Law Blog

MARCH 9, 2024

Stratics’ Eligibility for Section 23o Stratics disseminated third-party voicemails using its ringless voicemail technology. This sounds like an easy Section 230 case, no? The result is a rare FTC loss on Section 230 grounds. Section 230 says websites aren’t liable for third-party content. ICS Provider.

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Blogging Publishing Technology Marketing 88

Hugh Stephens Blog

SEPTEMBER 5, 2022

A couple of weeks ago I wrote about the Omegle case, a potentially ground-breaking suit in the US in which an internet platform, Omegle, was denied the use of the Section 230 liability immunity defence by a judge in Oregon.

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JD Supra Law

APRIL 12, 2024

The PTAB denied institution on two separate grounds: (1) the Petitioner, 10x Genomics, did not properly assert a Section 112(f) construction in the alternative in its Petition under 37 C.F.R. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) (“Decision”).

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Technology & Marketing Law Blog

MARCH 7, 2024

Spencer (proceeding pro se) filed a motion to dismiss on several grounds, including Section 230. Section 230 never applies to the dissemination of offline content, including physical items sent through the postal mail. .” Doe sued Spencer for VAWRA, IIED, negligence, and public disclosure of private facts. Case Citation : Doe v.

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Copying Business Blogging Marketing 80

The IP Law Blog

FEBRUARY 9, 2023

Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third parties. On February 3, 2023, in the case Rigsby v. GoDaddy, Inc.,

Publishing 98

Publishing Privacy Law Trademark 98

SpicyIP

JUNE 26, 2023

The 85-page written submission by appointed expert Dr. Arul George Scaria, arguably one of the most comprehensive analysis of the intent behind Section 52(1)(za), was taken on record (para 11) despite the settlement. Nevertheless, when the issue popped up before the Court again in Ten Events and Entertainment v. Novex Communications Pvt.

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Music Licensing Settlement Copyright 98

Technology & Marketing Law Blog

MARCH 14, 2023

Thomas successfully invoked Section 230. None of those facts would affect Section 230’s application). None of those facts would affect Section 230’s application). From a Section 230 standpoint, this is an easy case. Labana Another Court Says Section 230 Applies to Retweeting–Holmok v. Maxfield v.

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Blogging Marketing Marketing Technology 117

Technology & Marketing Law Blog

MAY 12, 2022

The retweeters successfully defended on Section 230 grounds. ” I recently blogged a ruling that quote-tweeting didn’t qualify for Section 230 protection, but that’s because the quote-tweeter added new material to the retweet, and the new material was the basis of the claim. Case citation : Banaian v. Supreme Ct.

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Social Media Blogging Designs Design 119

SpicyIP

JANUARY 19, 2024

The safeguard against groundless threats alleging copyright infringement in Section 60 suffers from a lack of clarity around some of its key terms like “due diligence”, “groundless” and “prosecution” One decision that attempts to address this lacuna is the Bombay High Court’s decision in Manya Vejju v.

Due Diligence 59

Due Diligence Copyright Cease and Desist Social Media 59

SpicyIP

APRIL 9, 2024

Registrar & Anr. (“ UPL judgment”), made observations that prima facie revived Section 24(5) of the Protection of Plant Varieties and Farmers Rights Act, 2001 (“PV Act”). Some readers may know this section has had a recently troubled past. Section 24(5) continues to be in force until the Supreme Court makes a final determination.

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Registration Law Art Government 45

Technology & Marketing Law Blog

OCTOBER 8, 2023

The court dismisses VRBO from the resulting lawsuit on Section 230 and other grounds. That conclusion would have been unremarkable except that the Ninth Circuit held that VRBO doesn’t qualify for Section 230 when it processes third-party transactions. This lawsuit involves a tragic and deadly fire at a VRBO rental.

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Contracts Publishing Marketing Marketing 71

Michael Geist

APRIL 8, 2024

The Human Rights Act changes include the return of Section 13 on hate speech, which was repealed by the Harper government after criticisms that it unduly chilled freedom of expression. The public debate surrounding Bill C-63, the Online Harms Act , has focused primarily on Human Rights Act and Criminal Code reforms.

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Law Government Reporting 63

Technology & Marketing Law Blog

JANUARY 11, 2024

Then, this opinion monkeys around with Section 230’s exception for moderators’ activity even though the monkeying has no impact on the outcome. The 9th Circuit reverses the district court on the Section 230 dismissal, but it proves inconsequential because all of the claims fail for lack of merit. Jape , Enigma v.

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Blogging Litigation Law Branding 72

JD Supra Law

OCTOBER 14, 2022

In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and innovation," pursuant to its authority under Section 301 of the Trade Act of 1974, as amended. By: Venable LLP

Intellectual Property 101

Intellectual Property Government Technology 101

JD Supra Law

DECEMBER 20, 2023

Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching some mediocre (and some great!) movies, and enjoying good food and drink. So let's start with the yearly holiday notes.

Patent 70

Patent 70

The TTABlog

MARCH 6, 2024

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case about 95 percent of the time just by looking at the marks and the involved goods and/or services. Here are three Section 2(d) oppositions recently decided by the TTAB. At least one of the oppositions was dismissed. Hormel Foods, LLC v. Opposition No.

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Registration Designs Design Copyright 64

Technology & Marketing Law Blog

NOVEMBER 2, 2023

This is a mockably easy Section 230 case: ICS Provider. Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.” The court tersely concludes: “Section 230’s barrier to suit is evident from the face of plaintiff’s complaint.” Nextdoor, Inc.

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Contracts Business Blogging Law 79

Technology & Marketing Law Blog

JUNE 28, 2022

The court dismisses per Section 230. The court applies Section 230 to both of Holmok’s defamation and intentional infliction of emotional distress claims. As I wrote then: This ruling is a fabulous reminder that Section 230 doesn’t just protect “Big Tech”; it protects all Americans who use the Internet. June 23, 2022).

Social Media 124

Social Media Blogging Publishing Reporting 124

JD Supra Law

MAY 1, 2023

On March 30, 2023, the Ontario Superior Court of Justice dismissed Apotex’s claim under section 8 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) relating to Apo-Atomoxetine (Lilly’s STRATTERA) and Canadian Patent No. 2,209,735 (735 patent): Apotex v Eli Lilly, 2023 ONSC 1968. By: Smart & Biggar

Patent 98

Patent 98

JD Supra Law

FEBRUARY 15, 2024

Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patent infringement litigation and other unfair acts.

Patent Infringement 68

Patent Infringement Litigation Patent 68

Technology & Marketing Law Blog

MAY 12, 2023

Microsoft defended on Section 230 grounds. ’…the trial court was correct to grant summary judgment finding Microsoft immune from Mr. White’s defamation claim by operation of Section 230 since Microsoft did not publish any defamatory statement.” The court agrees with Microsoft. ” Cites to Marshall Locksmith v.

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Technology Blogging Law Publishing 92

Technology & Marketing Law Blog

JANUARY 27, 2024

The district court initially dismissed all of the claims for their lack of merit, after discussing Snap’s Section 230 defense irresolutely. Section 230. Second, by twisting the claim to avoid Section 230, the plaintiffs adopted such a narrow issue that they pleaded themselves out of any claim. Next stop: the Ninth Circuit.

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Blogging Social Media Law Business 67

IP Watchdog

APRIL 18, 2023

Code, Section 1498(a). The Council for Innovation Promotion (C4IP) on Monday held a webinar featuring some big names in the IP world to clear up what the organization characterizes as misguided views on the use of Title 28 of the U.S. The event was prompted in part by a recent U.S. s COVID-19 vaccine. patented invention.

Patent Infringement 128

Patent Infringement IP Government Patent 128

Technology & Marketing Law Blog

DECEMBER 19, 2023

The lower court dismissed the claims against Snap per Section 230: Doe’s negligent undertaking claim alleges that Snapchat has failed to monitor content and messages sent between parties on its platform. Section 230 provides Snap with immunity from these claims. Snap to get around Section 230. The plaintiffs invoked Lemmon v.

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Designs Design Social Media Publishing 70

SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(i) bars the patenting of treatment processes. Hoffmann-La Roche (Order No.

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Invention Patent Art Patent Application 119

The Illusion of More

DECEMBER 12, 2022

The Electronic Frontier Foundation (EFF) was dealt a significant (possibly fatal) blow in its longstanding endeavor to have the courts abolish the entirety of DMCA Section 1201 as an unconstitutional violation of the First Amendment. The post DMCA Section 1201 Still Constitutional Says Circuit Court appeared first on The Illusion of More.

Law 78

Law Copyright 78

The TTABlog

MARCH 5, 2024

The Board affirmed a Section 2(e)(5) refusal to register, on the Supplemental Register, the product configuration shown below, for "holsters," finding the proposed mark to be de jure functional under Section 2(e)(5). Applicant JM4 Tactical described the device as a "concealed carry holster."

Design Patent 72

Design Patent Designs Design Trademark 72

The TTABlog

OCTOBER 12, 2023

The Franklin Pierce Center for Intellectual Property at the University of New Hampshire Franklin Pierce School of Law invites you for its upcoming trademark law symposium, "Section Two Small: Exploring the New Constitutional Limits on Trademark Law" on Friday, November 3, 2023.The

Trademark Law 105

Trademark Law Law Trademark Intellectual Property 105

Technology & Marketing Law Blog

JANUARY 5, 2023

Section 230. Section 230 protects LinkedIn from claims over fake profiles. Anupam Chander, Section 230 and the International Law of Facebook : Section 230, I argue, made the U.S. Section 230 immunizes platforms both for taking down material they disapprove of, and also for leaving up other material. Viator, Inc.,

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Social Media Publishing Marketing Marketing 112

Technology & Marketing Law Blog

JANUARY 31, 2024

” This leads to an easy Section 230 dismissal. I’m always intrigued by the intersection of Section 230 and real estate law. 26, 2024) Prior blog posts about Zillow Section 230 Protects Zillow for Bogus Submissions of House Details–924 Bel Air v. ICS Provider. LEXIS 14432 (N.D.

Publishing 63

Publishing Blogging Law Marketing 63

JD Supra Law

DECEMBER 15, 2022

A couple suggestions: Ok – now to our top Section 101 stories of the year. You waited all year for it, so let's get going. But first, some important holiday notes: Looking to do some holiday baking that's a bit different? By: Holland & Knight LLP

Patent 98

Patent 98

Technology & Marketing Law Blog

MAY 15, 2023

In fact, no one has ever advanced the propositions the phrases disagree with; and if anyone did advance those propositions, the speakers would demonstrate their ignorance about Section 230. Let me explain: OF COURSE Section 230 did not create a “lawless no-man’s-land” zone. How does that relate to Section 230?

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Branding Brands Branding Blogging 81

The TTABlog

NOVEMBER 8, 2023

Here are three recent appeals from Section 2(d) refusals. Bergsman) [Section 2(d) refusal of PUMP HAIRCARE , for various non-medicated hair care products and for related retail services [HAIRCARE disclaimed], in view of the registered mark PUMP POWDER for "hair care preparations; hair styling preparations" [POWDER disclaimed].]

Designs 69

Designs Design Copyright 69

Technology & Marketing Law Blog

JULY 9, 2022

A rare and surprisingly bad loss for the FTC on Section 230. Thus, the Thibodeauxes cannot show as a matter of law that Section 230(c)(1) would bar GCC’s participatory-liability claims. The court says Section 230 doesn’t apply. TripAdvisor denied Section 230 protecton for third-party ads. March 24, 2022).

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Advertising Advertising Publishing Blogging 120

IP Watchdog

JANUARY 31, 2022

Section 101, to a jury. In every one of those, the jury issued a pro-ineligibility verdict, while none resulted in a final Section 101 determination either way. Understanding how that issue has been handled at and after trial is important for practitioners with cases where Section 101 is at issue, which has become increasingly common.

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Patent Litigation Intellectual Property IP 111

The TTABlog

MARCH 25, 2024

The issue baked down to whether the goods are related for Section 2(d) purposes. The Board pointed out once again that the test under Section 2(d) is likely confusion, not actual confusion. How do you think this came out?

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Registration Business Copyright 64