SpicyIP

APRIL 10, 2024

In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. This case offers another perspective to our recent discussion where an “interested party” (Ollios Biotech) who received a cease and desist notice, had to come forth and get its competitor’s patent revoked.

Patent 45

Patent Cease and Desist Invention Art 45

LexBlog IP

AUGUST 15, 2023

The process has yet to be formalized via traditional notice and comment rulemaking, though someday, perhaps, it will. The memo includes a discussion of the following topics, among others: Instances where the Board will not decide all appealed issues. Arthrex, Inc. ,

Patent Application 52

Patent Application Patent Designs Design 52

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! The Court rejected the application and held that this is an inaccurate reading of its earlier order. Do let us know your thoughts on these mini-guides in the comments below!

Invention 59

Invention Trademark IP Patent 59

TorrentFreak

JULY 11, 2022

The comeback went largely unnoticed by most torrent users but those that keep a close eye on tracker connections could have noticed. When YIFY was shut down in 2015, he noticed that the Demonii.com domain remained in the hands of the original owner. Out of nowhere, Demonii suddenly became responsive again this month.

Technology 145

Technology Copyright 145

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. He denies being involved in the submission of 1,975 bogus notices sent to YouTube.

Copyright 130

Copyright Intellectual Property Business Licensing 130

TorrentFreak

MARCH 29, 2024

A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders.

Privacy 100

Privacy Publishing Marketing Marketing 100

43(B)log

MARCH 25, 2024

A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. NIFLA says that abortion is a controversial topic, making disclosures about abortion controversial; but NetChoice said that “ disclosures of social media censorship decisions” were not controversial.

Advertising 64

Advertising Advertising Social Media Government 64

The IPKat

JANUARY 25, 2022

3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. At first instance, the EUIPO’s Opposition Division rejected the opposition in its entirety. The recent decision of the EUIPO’s Board of Appeal may provide some comfort.

Public Domain 133

Public Domain Registration Licensing Publishing 133

SpicyIP

OCTOBER 19, 2023

The recent public notice by CGPDTM limiting access to trademark public search and E-Registry features for indefinite time serves as a reminder that challenges persist, necessitating continual enhancements and the resolution of systemic issues. where Prof. That’s a wrap for the sift of Septembers!

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

TorrentFreak

DECEMBER 13, 2022

An investigator viewing SmoothStreams from a remote location noticed that channels including Fight Network and WWE Network behaved differently compared to the night before the operation. Requesting information from Marshall on topics listed in the Interim Order. Defendants’ Objections Rejected. Judge Roger R.

Television 122

Television Reporting Copyright Infringement Law 122

TorrentFreak

MAY 16, 2022

After researching thousands of DMCA notices and reporting on hundreds of copyright lawsuits, more often than not it takes just a few seconds or minutes to broadly establish the purpose of any action. After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was.

Fair Use 120

Fair Use Copyright Litigation Music 120

Kluwer Copyright Blog

APRIL 26, 2022

The liability exemption mechanism on Article 17(4) CDSM encompasses a series of cumulative “best efforts” obligations to: (a) obtain an authorisation; (b) ensure unavailability of specific protected content; and (c) put in place notice and take down and notice and stay down mechanisms. More from our authors: Law of Raw Data.

Intellectual Property 99

Intellectual Property Law Designs Design 99

LexBlog IP

APRIL 25, 2023

The USCO ultimately concluded that the “authorship” requirement of US copyright law refers to “human authorship” (in line with prior case law) and appears to reject the extension of copyright to works generated with the aid of AI technology outside of the user’s control.

Copyright 52

Copyright Registration Editing Technology 52

TorrentFreak

APRIL 14, 2024

If the vision for the creation of the web included a day one feature that could restrict access to content, people working on their own specialist topics, catering to their own niche audiences, would’ve happily pressed the button. The absence of information has led to some speculation that the notice may have been abusive.

Publishing 107

Publishing Copying Marketing Marketing 107

The IPKat

AUGUST 4, 2021

the TMO On 20 February 2019, the TMO rejected the trade mark application (Decision [2019] No. Noticeably, there had been no negative comments regarding the sign at issue in the evaluation of buyers on the online sales platform. Accordingly, the combination of several Hanzi in differing order could have vastly diverse meanings.

Intellectual Property 62

Intellectual Property IP Law Registration 62

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. Products containing hemp seed, hemp seed protein powder, and hemp seed oil are exempt from the Food, Drug, and Cosmetic Act and are not subject to related trademark rejections.

IP 52

IP Registration Trademark Branding 52

IPilogue

JANUARY 14, 2022

This was a significant development as the Supreme Court of Canada had expressly rejected the idea and stated that admitting patent prosecution history “would undermine the public notice function of the claims, and increase uncertainty as well as fuelling the already overheated engines of patent litigation” ( Free World Trust v Électro Santé Inc.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

43(B)log

FEBRUARY 17, 2022

Elysium’s survey/expert was not excluded on Daubert grounds, but the court rejected Elysium’s challenges to ChromaDex’s statements “that do no more than convey the FDA status of ChromaDex’s products,” so the survey was no longer relevant. Still, the court’s rejection of challenges to the survey may be of interest.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) 101 Notice that a derivative work is defined as one that’s “based upon” one or more preexisting works. Midjourney has set up a notice and takedown system for this purpose.)

Derivative Work 108

Derivative Work Art Copying Fair Use 108

TorrentFreak

OCTOBER 7, 2023

The community-oriented platform has “subreddits” dedicated to pretty much every topic one can think of, including several that are linked to online piracy and related issues. ” Copyright Takedown Notices Peak There were no dramatic increases related to Reddit’s copyright policies.

Copyright 93

Copyright Copyright Infringement Fair Use Reporting 93

Technology & Marketing Law Blog

MAY 2, 2022

” Does this mean that courts will reject any claim, including a TTC claim, that could lead to “information monopolies”? Contact me if you are willing to teach this topic to my Internet Law students, because today I have no clue how to help them understand the CFAA. See also the essential facilities discussion below).

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Velocity of Content

DECEMBER 6, 2023

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.” TVEyes, Inc., 3d 169 (2d Cir.

Copyright 97

Copyright Fair Use Licensing Copying 97

The TTABlog

NOVEMBER 29, 2022

Applicant Habit [actually, applicant's name is Habitat Horticulture, but Opposer OMS misspelled it in the notice of opposition - ed. Habit contended that is should not have to response to the requests until after the Rule 30(b)(6) deposition of Habit in order to "maintain the status quo," i.e., Habit noticed its deposition first.

Designs 82

Designs Design Registration Government 82

TorrentFreak

MAY 4, 2023

On the topic of VPNs and DNS helping to circumvent blocking injunctions, the EC says that “providers of intermediary services should consider whether they could take further voluntary measures to prevent their services from being misused.”

Law 113

Law Art Business Reporting 113

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. In rejecting Hetero Drugs’ defense, the Court stated they had not provided sufficient proof that the exports were being used for research. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

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. Court Rejects Lawsuit Alleging YouTube Engaged in Racially Biased Content Moderation–Newman v. Court Rejects Another Lawsuit Alleging that Internet Companies Suppress Conservative Views–Freedom Watch v.

Social Media 106

Social Media Contracts Government Publishing 106

SpicyIP

JANUARY 9, 2023

Accepting an appeal, the Delhi High Court set aside the impugned order from the Controller rejecting the patent application on the basis of Section 3(f). The Plaintiff had argued that the Controller raised the Section 3(f) objection during the hearing, without any prior notice and thus the order should be set aside.

Trademark 105

Trademark IP Registration Reporting 105

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

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

LexBlog IP

NOVEMBER 15, 2021

District Judge Jed Rakoff rejected the “server test” from the 9th Circuit Court of Appeals , which generally holds that embedding content from a third party’s social media account only violates the content owner’s copyright if a copy is stored on the defendant’s servers. Judge Charles Breyer of the U.S.

Social Media 52

Social Media Copyright Infringement Copyright Copying 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority rejects Facebook’s Section 230 preempts arguments both on statutory analysis and policy grounds. I’m dreading when any Section 230 case goes to the Supreme Court because Justice Thomas will feel free to mess up Section 230 jurisprudence, even on topics not properly before the court. The Majority Opinion.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? ” (The court also rejects the “unified speech product” argument). Some of these provisions may not survive on remand, however. The panel answers that question decisively yes.

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. The Plaintiffs have issued notices and reached out for mediation which failed, thus this suit for interim injunction.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

NOVEMBER 13, 2023

In this month’s edition, he looks into topics including copyright and education, transparency and clinical trial data, Google ad-word cases, and more! It further noted that even after subsequent notices when the plaintiff did not appear before the court, the trail judge dismissed the suit.

Trademark 59

Trademark Copyright IP Registration 59

SpicyIP

AUGUST 30, 2021

Topical Highlight. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off. The Court rejected these arguments of urgency and public interest as having no bearing on the adjudicatory question before it. Sun Pharma v. Cipla Ltd. , The Bombay High Court in Sholay Media Entertainment Pvt. Narendra Hirawat and Co. &

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Technology & Marketing Law Blog

AUGUST 30, 2021

Meanwhile, the class action in California proceeded with notice to the class. 15, 1972, did not escape the notice of Congress. On remand, the district court again rejected Pandora’s anti-SLAPP motion. Now that Congress has acted, and the Ninth Circuit has rejected the claim under California law, the issue should be put to rest.

Blogging 83

Blogging Copyright Settlement Music 83

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP. .

Licensing 52

Licensing Technology Intellectual Property Patent 52