IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Drawing on Twin Books , they argued, “a publication of a work in the United States without the statutory notice of copyright fell into the public domain,” as per the U.S. Background. In 1949, C.W. It was published in the U.K.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Technology & Marketing Law Blog

NOVEMBER 29, 2021

To me, perhaps the most shocking/unnecessary jaw-dropper was AG arguing that Section 230(c)(2)(A) only restricts damages, not injunctions. The statutory language is “shall [not] be held liable,” but sure, that only applies to damages. Candeub Report.

Social Media 112

Social Media Law Television Reporting 112

TorrentFreak

DECEMBER 13, 2022

Drapeau is a leading authority on Anton Piller orders, he was involved in the TVAddons case and has pressed Canada’s government on numerous piracy-related issues , including statutory damages and anti-camming legislation. Requesting information from Marshall on topics listed in the Interim Order.

Television 127

Television Reporting Copyright Infringement Law 127

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. What Do Whore Houses, Meth Labs, and YouTube Have in Common? “OK, I know: that title really hits below the belt.

Copyright 135

Copyright Intellectual Property Business Licensing 135

IPilogue

JANUARY 14, 2022

In this case, the appellants argued that there is no statutory basis for overbreadth as a ground for invalidity. District Court disagreed, stating that absent express intention from Congress, the term “individual” in their statutory definition of “inventor” can only be read to include humans.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. However, recent statutory provisions and judicial opinions of the Supreme People’s Court have acknowledged the existence of ownership rights over virtual assets. In China, NFTs fall into the scope of online virtual assets.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. A joint report to the court in November 2021 revealed a damages claim adjustment but little progress. Statutory copyright damages can reach $150,000 per claim but the report indicated $140,000.

Copyright Infringement 127

Copyright Infringement Copyright Settlement Reporting 127

Trading Secrets

DECEMBER 21, 2021

Many states, for example, expressly or implicitly look to statutory overtime exemptions to define which types of workers may be bound by a non-compete promise. Even if not obvious, these two forces—wage and hour lawsuits on the one hand and restrictive covenants on the other—can converge and feed one another.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

Many states, for example, expressly or implicitly look to statutory overtime exemptions to define which types of workers may be bound by a non-compete promise. Even if not obvious, these two forces—wage and hour lawsuits on the one hand and restrictive covenants on the other—can converge and feed one another.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. However, recent statutory provisions and judicial opinions of the Supreme People’s Court have acknowledged the existence of ownership rights over virtual assets. In China, NFTs fall into the scope of online virtual assets.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

JUNE 28, 2023

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages.

Copying 52

Copying Copyright Law Copyright Editing 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. In an early decision in the case, Judge Mazzant ruled that under Texas law, AMS could only seek $17 million of the $64 million in exemplary damages a jury awarded it following a retrial on damages in the case. In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

43(B)log

APRIL 12, 2024

The court of appeals reduced the penalty for violations outside the FAL’s statute of limitations (a decrease of under $1 million), but approved of the trial court’s general approach to calculating damages, including its use of sampling and its consideration of solicitations from California to out-of-state prospective students.

False Advertising 59

False Advertising Law Reporting Marketing 59

The IPKat

NOVEMBER 27, 2023

The defendant attempted several defences, with the one based on statutory acquiescence under section 48(1) of the Trade Marks Act 1994 perhaps the most interesting – and I am definitely not saying that just because I know an appeal on this point was heard by the Court of Appeal earlier in November.

Editing 70

Editing Registration Branding Brands 70

IP Whiteboard

APRIL 15, 2021

Since that time, Meghan and Harry have been very open about their frustration with the British media’s negative coverage of Meghan, which The Duke and Duchess of Sussex consider to be laced with racially-charged undertones (while we’re on the topic, some unsolicited advice for readers: the Oprah interview is must-see viewing). 1] [link]. [2]

Privacy 40

Privacy Copyright Publishing Law 40

TorrentFreak

JULY 13, 2022

Internet terminations are not the only topic of concern. “Plaintiffs’ contractual relations with their artists and songwriters, and aged disputes about those contracts, are not relevant to any claim or defense, nor to any statutory damages factor,” the companies inform the court. ISP Also Requests Exclusions.

Music 143

Music Contracts Copyright Infringement Copying 143

SpicyIP

JANUARY 9, 2023

On acquiescence, the court reiterated that for acquiescence “ there must be positive acts supported by weighty material as it entails an equitable defeasment of a statutory right conferred upon a party.” Continuing with our annual tradition, we curated a list of the top IP developments in India. India Stationary Products and KEI Industries v.

Trademark 105

Trademark IP Registration Reporting 105

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. 2023 trends forecast more remote work, heightened global competition, and aggressive damage modeling in trade secret cases. Ensure agreements include clear language on carveouts for protected activities.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. 2023 trends forecast more remote work, heightened global competition, and aggressive damage modeling in trade secret cases. Ensure agreements include clear language on carveouts for protected activities.

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Barton Beebe’s empirical work on this topic.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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. 6,000/- as damages. Under the 2014 order, over 212 defendants have been decreed against and paid Rs.6,000/-

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Some of the confusion is due to plaintiffs stretching FOSTA to reach tertiary defendants far removed from the victimization or reach facts (like republication of commercial pornography) that seem outside the statutory definitions. Students: this post surfaces numerous potential paper topics. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

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? Up to this point, I think the panel’s ruling has been pretty straightforward and obvious, even though it rejects the voluminous pro-censorship FUD directed towards these topics.

Social Media 97

Social Media Law Blogging Publishing 97

Trading Secrets

DECEMBER 29, 2022

Employers should form a well-rounded, strategic approach to global defense of trade secrets and leverage multiple protective mechanisms including restrictive covenants, notice periods, contractual agreements and statutory protections. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. View the Recording.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Employers should form a well-rounded, strategic approach to global defense of trade secrets and leverage multiple protective mechanisms including restrictive covenants, notice periods, contractual agreements and statutory protections. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes. View the Recording.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. The judge keeps trying: “§ 230 is nothing more (or less) than a statutory patch to a gap in the First Amendment’s free speech guarantee. It literally lacks that power.

Social Media 136

Social Media Publishing Law Blogging 136