Intellectual Property Pulse

U.S. Govt Launches Consultation on Future Anti-Piracy Strategies

TorrentFreak

MAY 30, 2023

The call is quite broad and could include hot topics such as no-fault injunctions , which would allow copyright holders to more easily pursue pirate site blocking orders in the United States. There are no concrete proposals at this stage but the agency is interested to hear what strategies have proven to be effective.

Government

Government Copyright Copyright Law Copying

ESG statements are commercial speech excluded from California's anti-SLAPP law

43(B)log

JUNE 21, 2023

Grimmway Enters., 2023 WL 3829689, No. 22-CV-2038 JLS (DDL) (S.D. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.”

Law

Law Social Media Reporting Business

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m going to focus on the 512(f) claim. And without a DMCA notice, § 512(f) does not apply.”

Fair Use

Fair Use Cease and Desist Contracts Ownership

5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

43(B)log

MARCH 25, 2024

R J Reynolds Tobacco Co. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir. 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge.

Advertising

Advertising Advertising Social Media Government

Seyfarth Partners Sign on to New Letter Urging Caution on Federal Regulation of Non-Competes

Trading Secrets

DECEMBER 23, 2021

We are sure to hear more from the Biden Administration on this important topic, and will update our readers with any developments. Like the previous letter, this submission recommends against federal regulation of non-competes.

Publishing

Publishing Marketing Marketing

What’s the buzz? Tell me what’s a-happening (around Article 17)? Tales from Hungary, Germany, Italy and Sweden

Kluwer Copyright Blog

NOVEMBER 29, 2021

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The transposition deadline has now passed. As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD).

Cease and Desist

Cease and Desist Copyright Government Publishing

Seyfarth Partners Sign on to New Letter Urging Caution on Federal Regulation of Non-Competes

LexBlog IP

DECEMBER 23, 2021

We are sure to hear more from the Biden Administration on this important topic, and will update our readers with any developments. Like the previous letter, this submission recommends against federal regulation of non-competes.

Publishing

Publishing Marketing Marketing Intellectual Property

California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?

Journalism

Journalism Social Media Publishing Government

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Trading Secrets

JANUARY 12, 2023

Likewise, within hours of the FTC issuing the NPRM, the US Chamber of Commerce issued a statement decrying the FTC’s overreach. The Chamber is confident that this unlawful action will not stand.”. The sole Republican member of the FTC, Commissioner Christine S. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts

Contracts Law Government Reporting

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

LexBlog IP

JANUARY 12, 2023

Likewise, within hours of the FTC issuing the NPRM, the US Chamber of Commerce issued a statement decrying the FTC’s overreach. The Chamber is confident that this unlawful action will not stand.”. The sole Republican member of the FTC, Commissioner Christine S. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts

Contracts Law Government Reporting

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Trading Secrets

JANUARY 12, 2023

Likewise, within hours of the FTC issuing the NPRM, the US Chamber of Commerce issued a statement decrying the FTC’s overreach. The Chamber is confident that this unlawful action will not stand.”. The sole Republican member of the FTC, Commissioner Christine S. Dissenting Statement at 7 (internal punctuation omitted).).

Contracts

Contracts Law Government Reporting

Monthly Wrap Up (March 12, 2023): Noteworthy Trade Secret and Restrictive Covenant Cases, Developments and Posts

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. In a post for Patently-O , Peter describes how the TSCMJG came into existence. In Ahern Rentals, Inc.

Blogging

Blogging Litigation Ownership Reporting

U.S. Secretary of Commerce Gina M. Raimondo Joins President Biden at U.S.-EU Summit and Advances Tech and Trade Issues with European Union and Private Sector Leaders

U.S. Department of Commerce

JUNE 23, 2021

Secretary of Commerce Gina M. Secretary of Commerce Gina M. Secretary of Commerce Gina M. Secretary of Commerce Gina M. Harnessing the full value of the digital economy will accelerate the path toward economic recovery and expand transatlantic commerce in new technologies and digital services. June 23, 2021.

Privacy

Privacy Technology Marketing Marketing

Intellectual Property Pulse

U.S. Govt Launches Consultation on Future Anti-Piracy Strategies

ESG statements are commercial speech excluded from California's anti-SLAPP law

Trending Sources

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

Seyfarth Partners Sign on to New Letter Urging Caution on Federal Regulation of Non-Competes

What’s the buzz? Tell me what’s a-happening (around Article 17)? Tales from Hungary, Germany, Italy and Sweden

Seyfarth Partners Sign on to New Letter Urging Caution on Federal Regulation of Non-Competes

California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

Monthly Wrap Up (March 12, 2023): Noteworthy Trade Secret and Restrictive Covenant Cases, Developments and Posts

U.S. Secretary of Commerce Gina M. Raimondo Joins President Biden at U.S.-EU Summit and Advances Tech and Trade Issues with European Union and Private Sector Leaders

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