43(B)log

AUGUST 4, 2021

Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? Cathay Smith: Do you foresee a point in time at which an AI might be able to make a fair use/fair dealing decision in the moment? Reviewing the comments on CASE Act: the comments were focused on procedure.

Copyright 90

Copyright Trademark Copying Fair Use 90

The IPKat

JANUARY 6, 2022

A lot has changed over that time, but the trade mark cases keep coming. A lot has changed over that time, but the trade mark cases keep coming. I wonder if the same decision would have been reached if the marks were more complex, such as depictions of a cartoon character. Here we go! You can see where this is going.

Registration 96

Registration Cease and Desist Branding Brands 96

43(B)log

AUGUST 12, 2021

E.g., owner failed to register in a timely fashion and she doesn’t prove actual damages or entitlement ot injunction b/c infringement has ceased—is court obligated to dismiss the case for lack of subject matter jurisdiction? These Ps didn’t suffer concrete harm and lacked standing to sue.

IP 90

IP Licensing Law Reporting 90

Technology & Marketing Law Blog

NOVEMBER 1, 2021

As I mentioned , I’m part of a team organizing a special virtual event called the “Lessons from the First Internet Ages Symposium.” Matthew Prince and I even discuss this in our interview.]. ” The event starts tomorrow 10am Pacific, and it’s not too late to sign up ! Sir Timothy Berners-Lee.

Journalism 101

Journalism Government Technology Privacy 101

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. Today was the 2023 Super Bowl of Internet Law at the U.S. Supreme Court [FN]. SCOTUS issued two eagerly awaited decisions in the Twitter v. Taamneh and Gonzalez v. Twitter, Inc.

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

SEPTEMBER 1, 2021

The last sentence contained how many negatives? Stuffing more than two negatives into a sentence is a yellow flag of judges trying to reach a strained outcome. Stuffing more than two negatives into a sentence is a yellow flag of judges trying to reach a strained outcome. Publicity Rights. Google (2010) and Cross v.

Privacy 99

Privacy Blogging Advertising Advertising 99

Technology & Marketing Law Blog

JUNE 20, 2023

This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] I was not at all surprised that the Supreme Court ruled in Goldsmith’s favor, and I agree with the quiet mainstream that the Court reached a just and defensible result on the specific facts before it. Goldsmith , No. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. ” (I think this conclusion was true many years before 2022). 1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. WhenU (2d Cir. A major plaintiff loss against an adware vendor, and who likes adware??? Keyword Ads.

Trademark 106

Trademark Advertising Advertising Settlement 106

IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. I bet you didn’t realise that these websites profit from selling you these things illegally? Interesting right?

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

Technology & Marketing Law Blog

JANUARY 18, 2022

The number #1 question I get whenever I discuss FOSTA with folks who aren’t familiar with it: did Congress know what it was doing? There has been a lot of activity in court in the past few months–so much that I couldn’t blog it all contemporaneously. Well, the answer is complicated. THE MINDGEEK LITIGATION.

Blogging 119

Blogging Reporting Publishing Law 119

TorrentFreak

JANUARY 20, 2022

Not just because of the sheer star power, but also because Kim Dotcom himself wasn’t particluarly public at the time. Not just because of the sheer star power, but also because Kim Dotcom himself wasn’t particluarly public at the time. I heard loud banging noises. I was just scared and worried. Mega Shock.

Copyright Infringement 145

Copyright Infringement Music Copyright Reporting 145

Technology & Marketing Law Blog

JULY 11, 2021

NY Times : What Happened When Trump Was Banned on Social Media. * NY Times : Mark Zuckerberg and Sheryl Sandberg’s Partnership Did Not Survive Trump. * “ False Accusation: The Unfounded Claim that Social Media Companies Censor Conservatives.” Technology Review : How Facebook got addicted to spreading misinformation. .”

Privacy 69

Privacy Social Media Government Confidentiality 69

JIPL Online

MAY 10, 2021

i] She decided to take matters into her own hands and filed suit to order various search engines to delete her name from their databases. [ii] Introduction. You get a text that says, “You’re going to be on Google.” A month later, that message comes true. Your ex has published sexually explicit images and videos of you on the internet.

Privacy 98

Privacy Invention Social Media Publishing 98