Intellectual Property Pulse

Supreme Court Restores Injunction Against Texas HB 20!–NetChoice v. Paxton

Technology & Marketing Law Blog

JUNE 1, 2022

” So, reversing the Fifth Circuit was an unexpectedly positive outcome that preserves the status quo until more orderly appeals can proceed. I could see proceduralists disgusted by the Fifth Circuit’s disregard of the rule of law, even if they ultimately agree with the Fifth Circuit on the merits. ” WHAT?

Social Media

Social Media Blogging Law Technology

Never Too Late: If you missed the IPKat last week

The IPKat

MARCH 4, 2023

Copyright Image by Pixabay Chijioke analysed in two parts ( 5A and 5B ) the fifth aspect linked to the long walk to copyright reform in South Africa. Trademarks Anna Maria reported on the conference that took place on the 7th February on the topic of Intellectual Property & Sustainability.

Designs

Designs Design Intellectual Property Settlement

Around the IP Blogs

The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. The main trend has been to amend existing national copyright laws in light of the new provisions of the Directive.

Blogging

Blogging Non-Fungible Tokens IP Intellectual Property

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

43(B)log

MARCH 25, 2024

The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. And here the Fifth Circuit engages in what is all too common in rejecting plaintiffs’ arguments: it makes up a contradiction that doesn’t exist. Food & Drug Admin.,

Advertising

Advertising Advertising Social Media Government

The 11th Public Commission Meeting – Talking About Telemarketing, AMG and, Yes, Dream Incubation

LexBlog IP

APRIL 29, 2022

We had heard that his confirmation vote to become the fifth commissioner was going to happen this week, but apparently a few high-profile COVID-19 cases caused a delay in his vote. Being able to cancel such subscriptions easily has been a frequent FTC topic of late.

Business

Business Law Litigation Marketing

[Conference report] Whither will bifurcation go? A critical discussion on Germany's bifurcated patent proceedings

The IPKat

OCTOBER 9, 2021

A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). This provision amendment will enter into force on 1 May 2022. The fifth and final speaker was Dr. Regina Hock, the current president of the BPatG. The AmeriKat enjoying the slower paced validity track.

Reporting

Reporting Patent Intellectual Property Litigation

Supreme Court on Patent Law for October 2022

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?) The petition here asks about whether his Fifth Amendment takings claim was properly barred by the Assignment of Claims Act.

Patent Law

Patent Law Law Patent Invention

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media

Social Media Law Blogging Publishing

Judge Goes Rogue and Rejects Snap’s Section 230 Defense for [Reasons]–Neville v. Snap

Technology & Marketing Law Blog

JANUARY 9, 2024

MySpace, the Fifth Circuit wranglings in Doe v. The demurrer is sustained without leave to amend on this ground as to count 10 for “aiding and abetting.” ” OK, if the judge is going to disregard the extensive precedent on this topic, the judge surely has a clever new solution, right? As indicated by Doe II v.

Publishing

Publishing Designs Design Law

2021 Post-Grant Report

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

However, the PTAB Precedential Opinion Panel (POP) did grant a request for POP review for only the fifth time since the panel was established in 2018. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. Amending Claims. Institution Reviewability.

Reporting

Reporting Art Invention Patent

2022 Trade Secrets Webinar Series: Takeaways & Recordings

Trading Secrets

DECEMBER 29, 2022

In the fifth webinar of the 2022 series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes.

Confidentiality

Confidentiality Business Law Contracts

2022 Trade Secrets Webinar Series: Takeaways & Recordings

LexBlog IP

DECEMBER 29, 2022

In the fifth webinar of the 2022 series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes.

Confidentiality

Confidentiality Business Law Contracts

Catching Up on the 11th Circuit Appeal in NetChoice v. Moody Over Florida’s Social Media Censorship Law

Technology & Marketing Law Blog

DECEMBER 30, 2021

As you’ll see, this post spends most of its words critiquing the Knight First Amendment Institute brief, which claims to oppose the Florida law but unintentionally (?) “editors have a First Amendment right to make case-by-case determinations as to what speech they wish to display and what speech they wish to exclude.

Social Media

Social Media Law Privacy Blogging

5 Things the Media Should Have Reported About Hawley’s Copyright Bill

Copyright Lately

MAY 13, 2022

So, if anyone out there is looking to do a follow-up article that doesn’t consist solely of a regurgitated Josh Hawley press release , here are five topics for your consideration: 1. The good news is that it’s never too late to set the record straight. “Today I’m introducing legislation to strip ? .” Constitution.

Reporting

Reporting Copyright Public Domain Marketing

Sixth Circuit Dismisses Online Jawboning Case–Changizi v. DHHS

Technology & Marketing Law Blog

SEPTEMBER 15, 2023

[Note: this post does NOT cover the Fifth Circuit’s ruling in Missouri v. The Fifth Circuit ruled that some government agencies unconstitutionally coerced or encouraged social media services to remove constitutionally protected speech, and it enjoined those agencies from ongoing censorship. Missouri v.

Government

Government Blogging Social Media Litigation

Section 230 Protects Gmail’s Spam Filter–RNC v. Google

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] The court distinguished the abysmal Fifth Circuit NetChoice v. Undeterred, the plaintiffs refiled an amended complaint a couple of weeks ago. [My blogging queue has gotten backlogged. I’m slowly catching up.

Marketing

Marketing Marketing Social Media Law

The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

The Texas law went to the Fifth Circuit, a well-known graveyard for the rule of law, and in May 2022 the panel reversed the injunction without issuing an opinion explaining why. On Friday, the Fifth Circuit issued its decision that explains why it lifted the injunction. That was rogue behavior by the panel. (And,

Social Media

Social Media Publishing Law Blogging

Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

Patently-O

DECEMBER 12, 2021

But the PTO also denies registration to marks under this provision even if they constitute political commentary, parody, or other public discourse at the heart of the First Amendment. No state recognizes such a sweeping right of publicity that it is subject to zero countervailing First Amendment protections.

Registration

Registration Government Advertising Advertising

Intellectual Property Pulse

Supreme Court Restores Injunction Against Texas HB 20!–NetChoice v. Paxton

Never Too Late: If you missed the IPKat last week

Trending Sources

Around the IP Blogs

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

The 11th Public Commission Meeting – Talking About Telemarketing, AMG and, Yes, Dream Incubation

[Conference report] Whither will bifurcation go? A critical discussion on Germany's bifurcated patent proceedings

Supreme Court on Patent Law for October 2022

Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Judge Goes Rogue and Rejects Snap’s Section 230 Defense for [Reasons]–Neville v. Snap

2021 Post-Grant Report

2022 Trade Secrets Webinar Series: Takeaways & Recordings

2022 Trade Secrets Webinar Series: Takeaways & Recordings

Catching Up on the 11th Circuit Appeal in NetChoice v. Moody Over Florida’s Social Media Censorship Law

5 Things the Media Should Have Reported About Hawley’s Copyright Bill

Sixth Circuit Dismisses Online Jawboning Case–Changizi v. DHHS

Section 230 Protects Gmail’s Spam Filter–RNC v. Google

The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton

Section 1052(c) of the Lanham Act: A First Amendment-Free Zone?

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