The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

LexBlog IP

SEPTEMBER 9, 2022

The notice reminds practitioners, “The USPTO hold those individual subject to this duty [of disclosure] to the highest standards. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. Who Has a Duty to Disclose. From Rule 11(b): (b) Representations to the Court.

Government 52

Government Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

AUGUST 21, 2023

Or perhaps there is no way for plaintiffs to plead discrimination without smoking-gun evidence of individual discriminatory decisions. That topic is expressly at issue in the FLA and TX social media censorship cases). I also question if the law can restrict publishers’ ability to discriminate in their editorial decisions.

Contracts 84

Contracts Social Media Blogging Law 84

Technology & Marketing Law Blog

DECEMBER 11, 2021

” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. FWIW, I raised this issue as a possible paper topic in 2008. Copyright Preemption.

Advertising 90

Advertising Advertising Social Media Blogging 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. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

MAY 18, 2023

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. The court’s application of its legal standards reinforces how hard it will be for plaintiffs to find a way around this.

Social Media 137

Social Media Law Fair Use Blogging 137

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. Wrestling with what you need to plead to ensure that your DTSA claim satisfies the interstate commerce requirement? Diamond , which lays out the particulars required to satisfy that pleading requirement.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). ” The court concludes “Plaintiffs have alleged enough likelihood of confusion to make it past the pleading stage.” There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. ” (How about this: let’s not).

Advertising 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Further, based on the extrapolations the judge accepted, this judge is likely to make all inferences in favor of the plaintiff (beyond the standard inferences required in motions to dismiss). THE MINDGEEK LITIGATION. Ruling #1: Doe v. Mindgeek USA Inc. 2021 WL 4167054 (C.D.

Blogging 119

Blogging Reporting Publishing Law 119

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. Although Goldsmith’s lawyers pleaded the discovery rule ( id. Such result-oriented reasoning is usually considered improper, but arguably it is appropriate when the statutory question is whether or not a particular use is “fair.”) [Eric’s comment: I note Prof. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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., Alvotech hf. See -2289 Dkt.

Litigation 52

Litigation Settlement Patent Marketing 52