TorrentFreak

MARCH 13, 2022

“TorGuard knows and encourages its end users to use its VPN service to access The Pirate Bay and pirate content” the complaint read, pointing to a topic in the Torguard forums. In response to this complaint, TorGuard asked a Florida federal court to dismiss the case. Filmmakers sued Torguard. Settlement & U.S.

Settlement 138

Settlement Copyright Infringement Privacy Confidentiality 138

TorrentFreak

MARCH 9, 2022

Most have attacked the piracy evidence that was collected by companies such as Rightscorp and MarkMonitor, for example. Thus far, RCN has asked the court to dismiss the lawsuit and argued that the underlying piracy evidence was fraudulent. As the case moves to trial, both parties have collected evidence to aid their viewpoints.

Music 133

Music Copying Privacy Copyright Infringement 133

LexBlog IP

APRIL 3, 2023

The hearing comes a little over a month after the NCAA issued its first ruling in an NIL infractions case and less than a month after former Massachusetts Gov. The Innovation, Data, and Commerce Subcommittee of the House Committee on Energy and Commerce held the first federal hearing on NIL in over two years.

Marketing 52

Marketing Marketing Government Contracts 52

LexBlog IP

APRIL 13, 2023

A federal court in California ruled in favor of sanctions against Google last week for failing to preserve records. The court found this policy to be in violation of Google’s duty to preserve electronically-stored information under the Federal Rule of Civil Procedure 37(e).

Litigation 52

Litigation Privacy Technology Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 23, 2021

The evidence indicates he did, and Mr. Stern failed to rebut that evidence by providing a declaration attesting to the fact that he did not agree or later opted out of the Arbitration Provision.” The court overrules the plaintiffs’ objections to this evidence. ” The Mom and Son. ” The Mom and Son.

Contracts 115

Contracts Registration Litigation Copying 115

Technology & Marketing Law Blog

JULY 14, 2022

This is a troubling ruling on TOS amendments. Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process.

Contracts 107

Contracts Blogging Business Law 107

LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art. ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed.

Inventor 52

Inventor Patent Art Law 52

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. And no, this one won’t be the second.). There’s a lot at stake.

Fair Use 86

Fair Use Licensing Ownership Copying 86

LexBlog IP

MAY 2, 2023

And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). Step one for the FTC is to lay the groundwork and emphasize that the same rules apply whether we are talking about AI or mere human decision-making.

Blogging 52

Blogging Privacy Marketing Marketing 52

IPilogue

JULY 19, 2021

In Winkler , the Federal Court of Canada looked at the infamous Donnelly family of Lacun, Ontario. The plaintiffs’ expert evidence states that The Black Donnellys is actually “ almost two-thirds fiction ” and mistaken. Directors tend to state this at the beginning of a film to authenticate it. The late Thomas P. Or did they win?

Copyright 112

Copyright Copying Law Publishing 112

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Keep in mind that all Federal Circuit case law is binding on the TTAB. This manual contains the rules related to registering trademarks with the USPTO, and it also includes summaries of precedential cases that may help your attorney analyze a legal issue. What can you do? Common Law Rights. Robust Precedent.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

IPilogue

JANUARY 14, 2022

On July 28, 2021, the Federal Court of Appeal confirmed overbreadth as a standalone attack on patent validity: Seedlings Life Science Ventures, LLC v Pfizer Canada ULC. The Federal Court of Appeal disagreed and found that overbreadth can be supported by a combination of sections 27(3) and 27(4) of the Patent Act. David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

SEPTEMBER 9, 2022

DUTY OF DISCLOSURE BEFORE USPTO HIGHLIGHTED IN FEDERAL REGISTER. On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. by Dennis Crouch.

Patent Law 125

Patent Law Law Patent Invention 125

SpicyIP

AUGUST 2, 2021

Topical Highlight. A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. In a guest post , Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. The post focuses on three methodological flaws in the Report.

Reporting 116

Reporting Designs Design Copyright 116

LexBlog IP

JULY 28, 2022

On 1 er March 2022, the EPO announced the immediate freezing of its cooperation activities with the national patent offices of the Russian Federation and Belarus and with the Eurasian Patent Organisation, established in Moscow and grouping certain countries of the former Soviet Union. What are these measures and their consequences?

Intellectual Property 52

Intellectual Property Government Designs Design 52

IP Tech Blog

JULY 28, 2022

On 1 er March 2022, the EPO announced the immediate freezing of its cooperation activities with the national patent offices of the Russian Federation and Belarus and with the Eurasian Patent Organisation, established in Moscow and grouping certain countries of the former Soviet Union. What are these measures and their consequences?

Intellectual Property 57

Intellectual Property Government Designs Design 57

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling. LinkedIn lawsuit started in 2017. The Supreme Court in Van Buren endorsed this approach.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

DECEMBER 15, 2022

Nothing says Holiday Season like the final public Federal Trade Commission meeting of the very long year. It is standard practice at the FTC to review every rule or guide at least every ten years, and the Green Guides were last amended in 2012. It would be an understatement to say that this review has been eagerly awaited.

Privacy 52

Privacy Technology Publishing Reporting 52

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. Background.

Licensing 52

Licensing Contracts Law Patent Law 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Fortunately, a Florida federal judge blocked Florida’s social media censorship law as unconstitutional. As expected, Florida has appealed the ruling to the 11th Circuit. Before reading this post, read my new article, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules.

Social Media 99

Social Media Government Blogging Publishing 99

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Each speaker brought unique national and international perspectives across industries, technologies, and IP subject matter to the discussion.

Reporting 57

Reporting Law IP Patent 57

Intellectual Property Law Blog

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device].

IP 130

IP Litigation Patent Law 130

TorrentFreak

MARCH 7, 2024

Early last year, a group of filmmakers obtained a subpoena that required Reddit to reveal the identities of users who commented on piracy-related topics. The movie companies said they were not planning to go after these people in court but wanted to use their comments as evidence in an ongoing piracy lawsuit against Internet provider RCN.

IP 109

IP Copying Copyright Law 109

43(B)log

FEBRUARY 24, 2021

New bill: regulating online programmers like Netflix, though UGC will be excluded (but might be included if commissioned for or developed by the service). Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Jose Antonio Arochi: Mexico doesn’t have specific regulations. Reviews: Vitamins Online v.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

OCTOBER 16, 2023

Fortunately, a federal district judge preliminarily enjoined the AADC as unconstitutional. Because the AADC adopts the same definition of “business” as the CCPA/CPRA, this ruling highlights that any speech restrictions in those laws remain vulnerable to a constitutional attack. I hope it was worth the wait.]

Designs 78

Designs Design Privacy Business 78

LexBlog IP

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device]. § 285.

IP 52

IP Litigation Patent Law 52

Patently-O

NOVEMBER 11, 2022

Kite , a case challenging the Federal Circuit’s interpretation of the written description requirement. The scope afforded to chemical genus claims under 35 USC § 112(a)’s enablement and written description requirements has been hot topic recently (at least in certain quarters). Christopher M. See, for example, Ajinomoto Co.

Inventor 48

Inventor Invention Patent Reporting 48

TorrentFreak

JULY 13, 2022

Specifically, the ISP and music companies want to limit what evidence and arguments the other side can present to the jury. A few days ago, the music companies submitted a 19-page motion to the Florida federal court, asking for various restrictions. The rightsholders note that there is little evidence for this claim.

Music 143

Music Contracts Copyright Infringement Copying 143

Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” See my previous blog post on the New York ruling.) Last week, the U.S.

Blogging 83

Blogging Copyright Settlement Music 83

DuetsBlog

SEPTEMBER 8, 2020

above-door signage , wondering if Applebee’s ever has attempted to seek federal registration. Seemed like a great blog topic, for some day, given my distaste for the USPTO’s insatiable appetite for fusing informational refusals with trademark incapability. Welcome back to another edition of Merely Informational and Incapable Marks.

Registration 59

Registration Branding Brands Branding 59

Technology & Marketing Law Blog

NOVEMBER 21, 2021

Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter. Copyright Review Board decisions are appealable in federal court as an administrative agency ruling.]. Note: you may not have heard of the Copyright Review Board before.

Copyright 116

Copyright Registration Fair Use Designs 116

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

NOVEMBER 11, 2022

While there was minimal legislative actively last month, there were a number of interesting decisions and articles on the trade secret and restrictive covenant front: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Perhaps the biggest news last month was the $104.65 The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. See, e.g., Ripple v.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

In their Law360 Expert Analysis article, principals Kenneth Darby and Josh Griswold discuss the state of USPTO Director review since the Supreme Court’s decision in Arthrex. Read the full article on Law360. PDF copy available. On June 21, 2021, the U.S. Supreme Court decided the highly anticipated U.S. Arthrex Inc. Arthrex Inc. Constitution.[2].

Patent 52

Patent Art Technology Law 52