Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. ” The court says the defense can raise that issue to the jury.

Copyright 142

Copyright Social Media Fair Use Licensing 142

The IPKat

OCTOBER 27, 2022

My view is "no", we should not be presenting every idea that pops into our minds, because although we may be holders of PhD’s or professorships, this does not mean that we are immune to terrible ideas. But, are we overdoing it? By terrible ideas, what I mean is useless ideas.

Intellectual Property 92

Intellectual Property Contracts Reporting IP 92

Nelligan Law

FEBRUARY 23, 2022

The mother discovered that the father and his new partner were not immunized against COVID-19. v B.S.F. , a recent New Brunswick case, the parties had three children whom they shared on alternating weeks. The parties’ middle child was immunocompromised. The mother brought a motion for the children to be vaccinated.

Social Media 136

Social Media Government Law Litigation 136

The IPKat

SEPTEMBER 27, 2021

This book is a work of art, that reads like a novel, but blows your mind like a documentary on a topic that you thought you were already schooled in! It tells the stories of Caesar and Cicero to discuss two prevailing methods of acquiring social power in ancient Rome.

Intellectual Property 130

Intellectual Property IP Law Government 130

SpicyIP

JULY 3, 2022

But (facing Nya), I don’t wish to walk into the “IP Dharma” terrain, though I do want you to notice how difficult a ‘Right’ talk is and how it can lead to an intellectual imbroglio owing to its convergence with so many other moral and ethical topics of our daily life. immunity’ against others to alter your legal relations (e.g.

IP 119

IP Intellectual Property Government Invention 119

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

Nevertheless, we have seen many seemingly-smart people, and politicians, advocate for government censorship of online misinformation about COVID or other topics. Anyone who is intellectual honest about the First Amendment has been insisting this all along. This ruling reiterates that those efforts directly contravene the First Amendment.

Law 101

Law Social Media Government Contracts 101

Patently-O

SEPTEMBER 7, 2022

The three players are Amyndas, Zealand, and Alexion–all pharameceutical research companies focusing on auto-immune inhibition. Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data).

Music 57

Music Contracts Confidentiality Litigation 57

Technology & Marketing Law Blog

DECEMBER 11, 2021

These allegations, taken as true, do not establish that Ancestry is a “passive conduit” that should receive immunity under the CDA. from asserting Section 230 immunity”). FWIW, I raised this issue as a possible paper topic in 2008. Copyright Preemption.

Advertising 90

Advertising Advertising Social Media Blogging 90

LexBlog IP

APRIL 27, 2022

Of course, that does not mean that these marks are immune from legal controversy. This is a great segue to the next topic which is injunctive relief. While not immune to Likelihood of Confusion refusals, this means that these trademarks stand a greater chance of success at the USPTO. death by generic use).

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. Second, it reiterates that a defective 512(c)(3) notice is categorically immune from creating liability under 512(f). Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. And without a DMCA notice, § 512(f) does not apply.”

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II 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. Image by Gerd Altmann from Pixabay.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

43(B)log

JULY 20, 2023

I need you to buy that immune pack. Certainly, Defendant Nepute made assertions about Vitamin D, zinc, COVID-19, and the vaccines, among other things, in his advertisements, but he often jumped from topic to topic and did not make connections between his statements. You’d be silly not to get it.

Government 52

Government Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JANUARY 9, 2024

If Congress had intended to immunize all interactive computer services from liabilities “based on” third-party content, there are straightforward elocutions to express that intention. The allegations assert conduct beyond “incidental editorial functions” for which a publisher may still enjoy section 230 immunity.

Publishing 74

Publishing Designs Design Law 74

Trading Secrets

DECEMBER 21, 2021

Minor differences exist in the definition of “trade secret” between TUTSA and DTSA, TUTSA lacks whistleblower immunity provisions and a specific mechanism for ex parte seizures, and TUTSA preempts related common law claims while the DTSA does not.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

Minor differences exist in the definition of “trade secret” between TUTSA and DTSA, TUTSA lacks whistleblower immunity provisions and a specific mechanism for ex parte seizures, and TUTSA preempts related common law claims while the DTSA does not.

Confidentiality 52

Confidentiality Law Contracts Business 52

Technology & Marketing Law Blog

DECEMBER 26, 2023

28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. If the jury so finds, immunity under Section 230 would not apply. Related topics * Patel v. Superior Ct.

Publishing 85

Publishing Law Marketing Marketing 85

The IP Law Blog

NOVEMBER 10, 2022

The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil liability under The Allow States and Victims to Fight Online Sex Trafficking Act of 2018 (“FOSTA”). Reddit, Inc.

Law 96

Law Advertising Advertising Litigation 96

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. Section 230 immunizes the negligence and strict liability claims against Craigslist. G6 Hospitality, LLC ¸ 2020 WL 4901196 (N.D.

Blogging 103

Blogging Law Publishing Editing 103

Technology & Marketing Law Blog

AUGUST 15, 2022

.” Plus, “to the extent that HuffPost took any action in this regard, it simply provided Riben a platform to post her content, which Congress has chose to protect through § 230 immunity.” This scenario implicates the quarter-century-old classic 230 case on the topic, Blumenthal v. ” The Concurrence. .

Publishing 101

Publishing Privacy Blogging Intellectual Property Law 101

LexBlog IP

NOVEMBER 10, 2022

The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil liability under The Allow States and Victims to Fight Online Sex Trafficking Act of 2018 (“FOSTA”).

Advertising 52

Advertising Advertising Litigation Law 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

Whether or not a Facebook accountholder “publishes” other user comments, Section 230 completely immunizes all legal liability for defamatory third-party comments. US courts would never reach the “publication” issue in this case because Section 230 moots the question.

Publishing 97

Publishing Social Media Blogging Law 97

Technology & Marketing Law Blog

JANUARY 13, 2022

1591 claim that survives CDA immunity… the asserted claims against Omegle are premised upon general, constructive knowledge of past sex trafficking incidents.” I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. 230’s Immunity. ” Cite to Doe v. 10, 2022).

Blogging 88

Blogging Publishing Reporting Editing 88

SpicyIP

AUGUST 28, 2022

Sean Flynn for his comments on the topic. The Narendera Publishing House case provided a more interesting view by regarding copyright as a “privilege” and user interests as the “ competing interest of enriching the public domain” The Rameshwari Photocopy judgment is interesting as it used differing descriptions for Section 52.

IP 138

IP Copyright Fair Use Public Domain 138

SpicyIP

JANUARY 9, 2023

MoU signed for commercial production of indigenously developed vaccine “Lumpi-ProVac” which is used for for the prophylactic immunization of animals against Lumpy Skin Disease. Continuing with our annual tradition, we curated a list of the top IP developments in India. Other developments.

Trademark 105

Trademark IP Registration Reporting 105

Technology & Marketing Law Blog

FEBRUARY 20, 2022

For a deeper dive on these topics, I encourage you to check out the article’s bibliography of FOSTA-relevant empirical studies. Craigslist. * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court. * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. 230’s Immunity.

Blogging 104

Blogging Technology Editing Law 104

Technology & Marketing Law Blog

APRIL 30, 2022

Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. The court adds: “In light of Section 230’s immunity, it is unnecessary to delve into the specifics of the common carrier law and the California free speech clause.”

Social Media 106

Social Media Contracts Government Publishing 106

LexBlog IP

APRIL 15, 2022

The standard for art auctions, for example, covers a wide range of topics, ranging from lots collection to catalogue compilation, from industry terminology to best practices for auctioneers. The galleries also enjoy an edge in the competition against auction houses that are immune from certain claims by buyers.

Art 52

Art Marketing Marketing Artwork 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Regarding the statutory analysis, the minority asks: “Would Congress have really gone so far as to grant immunity from a wide range of state and federal laws—including state criminal law—yet permit claims to go forward under the nebulous (and expansive) category of state. intellectual property”/“rights of publicity” laws?

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. The court tries to explain: This conduct goes far beyond the neutral tools the Ninth Circuit has protected within the ambit of Section 230 immunity. 230’s Immunity. THE MINDGEEK LITIGATION. Ruling #1: Doe v. Mindgeek USA Inc. 2021 WL 4167054 (C.D.

Blogging 119

Blogging Reporting Publishing Law 119

Technology & Marketing Law Blog

OCTOBER 27, 2022

Anderson’s claims thus are plainly barred by Section 230 immunity.” Google, so the Supreme Court’s ruling will likely be the final word on this topic. The wisdom of conferring such immunity is something properly taken up with Congress, not the courts. Trust me, Congress WILL take this up in 2023.

Publishing 117

Publishing Designs Design Blogging 117

Trading Secrets

DECEMBER 29, 2022

Minor differences exist in the definition of “trade secret” between TUTSA and DTSA, TUTSA lacks whistleblower immunity provisions and a specific mechanism for ex parte seizures, and TUTSA preempts related common law claims while the DTSA does not.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Minor differences exist in the definition of “trade secret” between TUTSA and DTSA, TUTSA lacks whistleblower immunity provisions and a specific mechanism for ex parte seizures, and TUTSA preempts related common law claims while the DTSA does not.

Confidentiality 40

Confidentiality Business Law Contracts 40

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., 1:19-cv-01873 N.D. In re Humira (Adalimumab) Antitrust Litig. ,

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

DECEMBER 30, 2021

Those points get some engagement throughout the briefs, but each of them merited a standalone brief rather than the overlapping pileup on other topics. Paxton litigation and still think “platform transparency” won’t accelerate censorial outcomes.]. due process. ” Only the government does. State’s Reply Brief.

Social Media 111

Social Media Law Privacy Blogging 111

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.] ” Thus, it’s not surprising when the court says plainly: “Plaintiff’s suit is barred because Google is entitled to immunity from suit under section 230[(c)(2)(A)] of the Communications Decency Act.”

Marketing 111

Marketing Marketing Social Media Law 111

Technology & Marketing Law Blog

DECEMBER 1, 2022

The only question here is whether federal courts are authorized to legally forbid one from doing so in these circumstances…I conclude they are not… Plaintiff’s claims are barred by sovereign immunity and for lack of a judicially cognizable cause of action.

Social Media 107

Social Media Government Designs Design 107

Kluwer Copyright Blog

OCTOBER 22, 2021

The topic of the liability of internet intermediaries has never been so contentious. Internet platforms have enjoyed immunity both in EU law and overseas. But in June, the Constitutional Council had repealed the article requiring take down of unlawful content within 24 hours, on the basis that it would trump freedom of expression.

Social Media 136

Social Media Copyright Copyright Infringement Technology 136