LexBlog IP

NOVEMBER 17, 2023

While many of these lawsuits are in the initial stages of litigation, defendants are sure to assert “fair use” and constitutional defenses should plaintiffs’ claims survive pleadings. ” Id. at ¶ 10. ” Id. at ¶ 78.

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Music Copyright Infringement Publishing Copyright 52

Technology & Marketing Law Blog

AUGUST 21, 2023

That topic is expressly at issue in the FLA and TX social media censorship cases). Without a simple-to-apply legal defense that content moderation is always and inevitably biased and the law offers no remedy for that, we will experience a repetitive cycle of plaintiff attempts to weaponize the law against that truth.

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Contracts Social Media Blogging Law 84

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

If not, then the parties stipulated that the defense wins. Having resolved the publication element, the case should go back to the lower court to address other prima facie elements and defenses, including whether the defendants can rely on the defense of “innocent dissemination.”

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Publishing Social Media Blogging Law 97

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. §107, and granted summary judgment for AWF on its defense of fair use. Goldsmith’s, the Foundation insists, the first statutory factor points in favor of finding a fair-use affirmative defense.

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Generally Known and Readily Ascertainable Defenses to Trade Secret Misappropriation. On appeal, the court affirmed the decision of the lower court. There have been some noteworthy recent decisions in trade secrets law. Thanoo , 999 F.3d

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Law Confidentiality Designs Design 59

Velocity of Content

DECEMBER 6, 2023

On the assumption that readers might be interested in this topic and less interested in reviewing all the responses, I have pasted below a selection of questions and answers from Copyright Clearance Center’s (CCC’s) own response. With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages.

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Copyright Fair Use Licensing Copying 98

SpicyIP

JULY 9, 2021

The patent protection provides a defensive or negative right rather than an affirmative right. After the Delhi court’s rejection of the layered approach to innovation protection, the Indian IP domain still has plenty of room for debate on the topic of information protection under both patents and trade secrets.

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Patent Invention Intellectual Property Public Domain 119

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. The opinion addresses the implication of Twitter’s role as a self-service publication tool that was generally available to all authors. So I’m glad we avoided that.

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Social Media Law Fair Use Blogging 137

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. In rejecting Hetero Drugs’ defense, the Court stated they had not provided sufficient proof that the exports were being used for research. H Lundbeck A/S v.

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IP Intellectual Property Copyright Trademark 143

Copyright Lately

APRIL 19, 2022

It would be perfectly defensible, for example, for the Supreme Court in Warhol to find that Andy Warhol’s “Prince Series” did in fact use Lynn Goldsmith’s original photo for a new, different and “transformative” purpose, but that, on balance, the negative effect on Goldsmith’s licensing market (fourth factor) weighs against fair use.

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Fair Use Art Copyright Social Media 79

The IP Law Blog

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. Thus, the Ninth Circuit affirmed the dismissal of the claims by the district court. Reddit, Inc.

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Law Advertising Advertising Litigation 96

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. Barton Beebe’s empirical work on this topic. In the first, Sony Corp.

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Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. ” Thus, the Ninth Circuit affirmed the dismissal of the claims by the district court. Reddit, Inc.

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Advertising Advertising Litigation Law 52

LexBlog IP

DECEMBER 15, 2022

In the culmination of a nearly-decade long dispute, the Sixth Circuit affirmed the verdict and several rulings by the district court about the viability of trade secrets arising from the collective research for those broccoli seeds. And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., On July 1, 2020, the Federal Circuit affirmed. Alvotech hf.

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Litigation Settlement Patent Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

In cases where Director review was denied, the published decision took the form of a general order, bereft of substantive analysis, and resembled a Federal Circuit Rule 36 affirmance. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. 16, 2020. [4]

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