The IP Law Blog

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. In Punchbowl Inc. v AJ Press, the plaintiff, Punchbowl Inc., Punchbowl Inc.

Television 113

Television Trademark Law Registration 113

Chicago IP

MAY 12, 2021

Magistrate Judge Jensen granted in part defendant Carjams’ motion for a protective order concerning plaintiff Putco’s Fed. Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. 30(b)(6) notice in this patent dispute.

Patent 40

Patent Patent Application Art Licensing 40

The IPKat

NOVEMBER 24, 2023

The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. Rule 298 provides for the Court of its own motion or at a request of a party requesting that EPO opposition or amendment proceedings (including any appeal) be accelerated at the EPO. Accelerated EPO oppositions.

Contracts 113

Contracts Journalism Litigation Publishing 113

Technology & Marketing Law Blog

JUNE 1, 2022

Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. Attorney General first. ” I agree.

Social Media 121

Social Media Blogging Law Technology 121

Olartemoure Blog

AUGUST 30, 2022

The amendment consisted of moving from an oral support scheme to a written scheme, which still had to be submitted before the judge or court of appeals. Between the 5 th and 9 th of September 2022, the 43 rd Congress of Procedural Law will be held in Cartagena. iii) support -in which the objections are developed through a plot exposition-.

Intellectual Property 105

Intellectual Property Law Designs Design 105

Copyright Lately

SEPTEMBER 26, 2022

I first wrote about the case two years ago , when District Judge Staci Yandle denied Take-Two’s motion for summary judgment. It’s the first ever copyright lawsuit involving the unauthorized reproduction of tattoos in creative content to reach trial. And no, this one won’t be the second.). There’s a lot at stake. Skull arm design.

Fair Use 86

Fair Use Licensing Ownership Copying 86

LexBlog IP

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. In Punchbowl Inc. v AJ Press, the plaintiff, Punchbowl Inc., Punchbowl Inc.

Television 52

Television Trademark Registration Government 52

IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. Hence to regulate the same legislature has formulated the following law with regards to it.

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context. McGucken v.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

TorrentFreak

APRIL 24, 2023

Whether anyone learned anything substantially new from that process is unknown but having gone through the motions, the EC’s recommendation will be officially released early May. In mid-January, the European Commission (EC) issued a call for evidence to support a proposed “toolbox” of measures to combat live sports piracy.

Reporting 108

Reporting Advertising Advertising Law 108

IP and Legal Filings

MARCH 23, 2023

1] This voting method evolved in “response to societal requirements, and proxy advisory firms emerged as third-party consultants that offered professional counsel and recommendations on whether to vote “for” or “against” the motion taken in the company.

Government 90

Government Marketing Marketing Business 90

Technology & Marketing Law Blog

JANUARY 15, 2024

The court rejects Meta’s First Amendment challenge: Meta tries to take this argument a step further, claiming an investigation into its statements about its content moderation practices might indirectly chill those practices themselves. Facebook resisted a subpoena demanding public (or near-public) posts. Six4Three v. Superior Ct.

Social Media 64

Social Media Advertising Advertising Publishing 64

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?): by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Kite Pharma, Inc. ,

Patent Law 126

Patent Law Law Patent Invention 126

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. Accordingly, the speech concerns unlawful activity subject to no First Amendment protection,” the movie companies write. The court refused to do so, thrice.

IP 105

IP Copying Copyright Law 105

Velocity of Content

JANUARY 12, 2024

The lawsuit was first filed on May 16 in the Northern district of Florida in Pensacola and alleges that administrators and school board members in the Escambia County School District are in violation of the First Amendment as well as the 14th Amendment—the Equal Protection Clause of the U.S.

Publishing 90

Publishing Reporting Copyright Law 90

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. The district court dismissed plaintiff’s complaint for failure to state a claim.

Law 59

Law Confidentiality Designs Design 59

SpicyIP

MAY 4, 2023

Image from here [Long post ahead] In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd.

Music 98

Music Copyright Ownership Licensing 98

43(B)log

FEBRUARY 16, 2024

I’m going to start by going back to some earlier cases, Two Pesos v. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. It’s nice to see the judge distinguish erroneous and bad-faith applications of content moderation policies, especially on a motion to dismiss. Section 230.

Social Media 105

Social Media Contracts Government Publishing 105

Technology & Marketing Law Blog

JANUARY 9, 2024

The court rejects most of Snapchat’s motion to dismiss. The plaintiffs are parents of Snapchat users who purchased fentanyl from other Snapchat users and suffered overdoses. They sued Snapchat for a wide ranges of tort claims. ”) as a defective product. Google ) and California Supreme Court. The venerable Barrett v.

Publishing 74

Publishing Designs Design Law 74

Technology & Marketing Law Blog

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Puppies, 2020 Ariz. Superior Ct.

Publishing 84

Publishing Law Marketing Marketing 84

43(B)log

NOVEMBER 9, 2023

It wasn’t going to evaluate the issue sua sponte, but it suggested that plaintiffs be prepared to address the Dastar issues if they amended the complaint. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of treatment of addiction and intoxication for decades.”

False Advertising 64

False Advertising Advertising Advertising Copying 64

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. 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.

Blogging 103

Blogging Law Publishing Editing 103

Technology & Marketing Law Blog

JANUARY 13, 2022

The Second Amended Complaint recounts that C.H.’s I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. I filed a rebuttal report in this case, but the court granted the motion to dismiss without reaching the reports. ICS Provider. ” Publisher/Speaker Claims. ” FOSTA.

Blogging 87

Blogging Publishing Reporting Editing 87

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. Flo & Eddie, Inc.

Blogging 82

Blogging Copyright Settlement Music 82

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. Gonzalez-Pons (unfortunately paywalled). For example, are fewer trafficked persons being identified post FOSTA-SESTA and are legal cases harder to build without digital data?

Blogging 103

Blogging Technology Editing Law 103

LexBlog IP

SEPTEMBER 29, 2022

So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution. They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ).

Trademark 52

Trademark Registration Music Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. Unlike rehearing, Director review is not available for non-final decisions or institution decisions. 18, 2021).

Reporting 52

Reporting Art Invention Patent 52

The IP Law Blog

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. District Court for the Central District of California granted its motion. In the case, Jane Does v. Reddit, Inc. Reddit, Inc. Reddit moved to dismiss the claim and the U.S.

Law 96

Law Advertising Advertising Litigation 96

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Biosimilar Approvals and Launches in 2021. Biosimilar Regulatory Updates. Legislation and Executive Orders Relating to Biologics and Biosimilars. BPCIA Litigation. Antitrust and Competition. Post-Grant Challenges at the PTAB. Conclusion. Biosimilar Approvals and Launches in 2021. Amgen’s Riabni ™ (rituximab-arrx) launched in January 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. District Court for the Central District of California granted its motion. In the case, Jane Does v. Reddit, Inc. Further, they claimed that if such material was removed, it would likely be reposted shortly thereafter.

Advertising 52

Advertising Advertising Litigation Law 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. This ruling conflicts with the more recent reconsidered JB ruling, something the court expressly addresses in its reconsideration motion discussed below. From a judicial standpoint, FOSTA’s terrible drafting has produced entirely predictable chaos in the courts.

Blogging 118

Blogging Reporting Publishing Law 118

LexBlog IP

JULY 21, 2021

The title of this piece tracks a common “ phrase of exasperation used to emphasize a question or statement.” ” If that be the case, and I think it is, then the subtitle implies the question this piece will address. ” That can mean rights to the name (or one of the names) itself. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

JUNE 19, 2023

Anything the Supreme Court says on that topic, other than a categorical rejection of the principle, will ignite litigation and regulation like we’ve never seen before. Paxton) and Florida (NetChoice v. Moody) social media censorship cases as well, though the arguments will roll to next term. Freed (from the 6th Circuit). April 4, 2023).

Social Media 66

Social Media Government Web Design Law 66

Technology & Marketing Law Blog

JANUARY 28, 2022

It contained a non-compete clause that said Gutman wouldn’t compete directly or indirectly with JLM during her employment. The agreement also granted a license to JLM in Gutman’s name (“Hayley, Paige, Hayley Paige Gutman, Hayley Gutman, Hayley Page, or any derivative thereof”). She also granted JLM rights in the trademarks relating to her name.

Social Media 88

Social Media Ownership Contracts Privacy 88

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. Pay Attention to Me! But you’d never know that by the way much of the media reported on Hawley’s legislation this week. Disney of its?

Reporting 121

Reporting Copyright Public Domain Marketing 121

Technology & Marketing Law Blog

MAY 8, 2022

Hart sued them for violating the First Amendment. The court says they are not state actors and therefore aren’t required to follow the First Amendment. Both Facebook and Twitter restricted Hart’s account access due to various posts over COVID, masking, and other culture war issues. You can guess how that went. Joint Action.

Social Media 94

Social Media Government Publishing Blogging 94