LexBlog IP

MAY 3, 2022

If you missed the last post that provided an overview of the rules related to this topic, you can find the link to the previous post here. Dealings on reasonable terms and at Fair Market Value (FMV). Welcome back to our discussion on 501(c)(3)’s, inurement, and excess benefit transactions!

Marketing 40

Marketing Marketing Intellectual Property 40

The IPKat

SEPTEMBER 5, 2023

Hedonic regression seeks to isolate the fair market value of each of the technology generations over the previous, all other things being equal (such as the screen size and the processing power). I find no value in InterDigital’s Top-Down cross-check in any of its guises. The overall conclusions of the Judgment are: 944.

Technology 67

Technology Publishing Reporting Marketing 67

The IPKat

FEBRUARY 4, 2022

This dynamic is not lost on entrepreneurs and innovators around the world, sensing and opportunity to create value for users and perhaps birthing a unicorn in the process. What may seem to be parasitical to the maker of a database will represent considerable added value for users.” Parkamo GmbH.

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). 50 of 24.4.2017).

Designs 70

Designs Design Patent IP 70

Art Law Journal

OCTOBER 29, 2021

What’s more, there’s not a dearth of useful information on the topic. As if completing a project isn’t difficult enough, many artists find themselves seriously stuck when they begin establishing their initial market or when looking to increase their art’s value over time. Establishing Your Market for Pricing Artwork.

Artwork 52

Artwork Art Business Marketing 52

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use. ” (Tautology alert).

Advertising 90

Advertising Advertising Social Media Blogging 90

43(B)log

JUNE 29, 2023

Might be broken down by topic. Christophe Geiger: different EU/US traditions around regulatory oversight/verification of compliance with key values v private ordering. The relation b/t different provisions of DSM—link tax, data mining, “value gap,” etc—is unclear. DSA’s self-audit requirements: can this work? Intended or not?

Law 52

Law Privacy Litigation Social Media 52

SpicyIP

MARCH 30, 2023

Though this case was passed by another court and thus holds a mere persuasive value, Calcutta High Court’s order clearly lacked due process and the elements of fairness and justice. Thus, in this case, legal development related to disparagement would have persuasive value, however, even still a strong case is made in favour of Rathee.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

43(B)log

MARCH 25, 2024

Merely because the images might convey “an ideological or provocative message” does not make them nonfactual: A fact does not become “value-laden” merely because the fact drives a reaction. 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 64

Advertising Advertising Social Media Government 64

43(B)log

FEBRUARY 16, 2024

And the practical burden of showing false connection is probably higher, just because the things that make confusion more likely—having competing goods and services in the market, having a commercial reputation and not just a general reputation—are missing if you don’t sell goods or services yourself. Wu: but you’re saying Kagan’s wrong.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

Litigation 98

Litigation Patent Marketing Marketing 98

Copyright Lately

JANUARY 23, 2023

Depending upon who you ask, AI-generated art is either poised to thrust a photorealistic dagger into the throats of millions of commercial artists or is merely a kitschy fad with no lasting aesthetic value. There’s no “cutting and pasting” involved. (If ” Sure, that’s a big number in the aggregate.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

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. This has important implications for the doctrine of fair use. Goldsmith , No.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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. Our current AI-related offerings are focused on the corporate, research, academic and education markets.

Copyright 98

Copyright Fair Use Licensing Copying 98

43(B)log

FEBRUARY 17, 2022

While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he Each motion was granted in part and denied in part. As a general matter, “[e]rrors in methodology. properly go only to the weight of the evidence” and not to its admissibility.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 24, 2021

A minimum disclosure is required in all advertising, adequate and fair disclosure: number and value of prizes and other material facts—entry dates, eligibility requirements, geog. Harris: Canada is similar; no specific green marketing laws, just Competition Act/provincial statutes. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility. Acuff-Rose Music, Inc.

Fair Use 79

Fair Use Art Copyright Social Media 79

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

Velocity of Content

MARCH 31, 2022

This segment from the television show came to mind again for me recently when I sat myself down to a short course of study about various standards, forcing me to think about the whole topic in a more detailed and organized way than I previously had occasion to do. You know, vexillology; Old Glory, the Union Jack and all that.

Television 97

Television Journalism Publishing Licensing 97

IP and Legal Filings

MARCH 14, 2023

The basic distinctions between the perspectives that TK is a shared cultural value for Indigenous Peoples and the perspective that TK is a privately held commercial asset are captured in this feature. xiv] These attributes largely concern plants, their traits, and applications.

Intellectual Property 52

Intellectual Property Journalism Ownership Higher Education 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? By engaging in this content moderation, the platforms develop particular market niches, foster different sorts of online communities, and promote various values and viewpoints.

Social Media 97

Social Media Law Blogging Publishing 97

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. This mid-range estimate puts the value of religion to U.S. places the value of faith to U.S. places the value of faith to U.S. market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). 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. Google appeared first on Technology & Marketing Law Blog.

Social Media 137

Social Media Law Fair Use Blogging 137

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. With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. Introduction. Biosimilar Regulatory Updates.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

AUGUST 12, 2022

.” More specifically, the agency issued an Advance Notice of Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security and announced a related workshop on the topic. This rulemaking will be conducted pursuant to the FTC’s organic rulemaking process, which is known as Mag-Moss rulemaking.

Privacy 52

Privacy Advertising Advertising Publishing 52

Technology & Marketing Law Blog

JULY 6, 2022

I don’t like this solution because it basically tells constituents that their voices aren’t valued. City Government Can’t Remove Off-Topic Comments From Its Social Media Page–Kimsey v. Freed appeared first on Technology & Marketing Law Blog. Otherwise, it’s personal and free from scrutiny under section 1983.”

Government 69

Government Social Media Litigation Law 69

Technology & Marketing Law Blog

AUGUST 12, 2022

To me, collectively the four posts demonstrate Hernandez’s discriminatory mindset so clearly that I don’t see how Muslims in Phoenix could trust they would get fair treatment from Hernandez. For example, the fourth meme references government spending priorities, and that’s a major social topic.

Social Media 52

Social Media Privacy Blogging Law 52

43(B)log

OCTOBER 13, 2021

Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases. Cariou , by contrast, involved fair uses where works were “obscured and altered to the point that [they were] barely recognizable.” Grant’s song appears throughout the last 40 seconds of the video. So too here. App'x 61 (2d Cir.

Fair Use 83

Fair Use Music Marketing Marketing 83

U.S. Department of Commerce

JUNE 23, 2021

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. and EU can work together to write the rules of the road for the 21 st century economy based on shared democratic values. Secretary of Commerce Gina M.

Privacy 52

Privacy Technology Marketing Marketing 52

Patently-O

DECEMBER 12, 2021

Nonetheless, the bar is a content-based restriction because “its reach is defined simply by the topic (subject matter) of the covered speech” [8] – here, the topic being the famous person in question. Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?;

Registration 69

Registration Government Advertising Advertising 69

43(B)log

FEBRUARY 3, 2024

Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct.

IP 59

IP Marketing Marketing Patent 59