Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet.

Copyright 52

Copyright Related Rights Ownership Copyright Infringement 52

IP and Legal Filings

JANUARY 15, 2024

The Maternity Benefits Act, 1961 (India) An important piece of legislation that addresses the rights and benefits of female employees during pregnancy, childbirth, and the postpartum period is India’s Maternity Benefit Act of 1961. It also covered topics including job security and workplace discrimination against expectant workers.

Law 84

Law Government Publishing Business 84

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?) Gov’t waived its right to file a responsive brief. Famed professor of constitutional law Erwin Chemerinsky (Berkeley) filed the petition.

Patent Law 125

Patent Law Law Patent Invention 125

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 125

Copyright Intellectual Property Business Licensing 125

Corsearch

FEBRUARY 3, 2023

Corsearch believes that Cloudflare should terminate services when it is notified that a website is offering counterfeits or pirated content. Cloudflare takes no stand at all in terms of termination. We need to find out this information straight away to protect consumers and rights holders.”

Social Media 52

Social Media Branding Brands Branding 52

Intepat

JUNE 19, 2023

Therefore, a predominant aim of the Intellectual Property Law regime is to promote innovation by granting exclusive rights to the owner or creator of an intellectual property. Enforcing intellectual property rights is a cost-effective preventive measure for deterring infringing conducts.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

43(B)log

APRIL 19, 2021

From the site: 2020-2021 TOPIC Students are invited to submit papers addressing a legal or public policy question relating to emerging and sustained challenges to legal and political structures created by online platforms, digital services, and other emerging technologies. Entrant’s name and law school shall only appear on the cover page.

Technology 40

Technology Law Journalism Government 40

TorrentFreak

MAY 16, 2022

They go to court, pay less than $50, and disappear into the ether, ostensibly to protect their exclusive rights. Even when it became clear that those videos were wrongfully terminated and Watch Tower had no case, the response was to pursue another lawsuit. Something didn’t sit right. Nothing sat right.

Fair Use 118

Fair Use Copyright Litigation Music 118

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Before reading this post, read my new article, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules. Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading.

Social Media 99

Social Media Government Blogging Publishing 99

Technology & Marketing Law Blog

AUGUST 21, 2023

And the precedent is indeed stacked against any account termination or content removal plaintiffs. If so, this would suggest only that the algorithm does not always get it right. That topic is expressly at issue in the FLA and TX social media censorship cases). After 5 tries, the Divino LGBTQ lawsuit finally failed last month.

Contracts 84

Contracts Social Media Blogging Law 84

Technology & Marketing Law Blog

MAY 11, 2022

It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” If the metric is registered accounts, the bill doesn’t define if it’s measuring only active accounts or if it includes dormant, restricted, or terminated accounts.

Social Media 143

Social Media Privacy Law Government 143

TorrentFreak

JULY 13, 2022

Specifically, they alleged that the ISP failed to terminate repeat infringers. No Human Rights Mentions. For example, they don’t want Bright House to argue that terminating someone’s Internet access is a human rights violation. The human rights angle is not completely novel.

Music 137

Music Contracts Copyright Infringement Copying 137

SpicyIP

NOVEMBER 13, 2023

Swaraj and Praharsh look into this case, pointing out that while the DB may have been right in addressing the artificial distinction that had arisen, the order is unlikely to address the problem that gave birth to the initial order. Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained?

Trademark 59

Trademark Copyright IP Registration 59

Kluwer Copyright Blog

JUNE 7, 2023

Free alienability Common law favours the easy alienability of authors’ rights, which is particularly evident in the United States (U.S.). A transfer of exclusive rights must be in writing and signed by the author, but nothing prevents the author from using this instrument to grant all of their economic rights of exploitation.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

LexBlog IP

JUNE 7, 2023

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) Any type of reporting on the user’s part towards a specific CMO may only concern the use of rights that the specific CMO represents.

Reporting 52

Reporting Music Related Rights Licensing 52

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 reading the term ‘export’ to include ‘use’, the Court expands the ambit of rights accorded to a patentee under section 48. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

DECEMBER 18, 2021

.” The court says that’s not an affirmative promise to approve all such apps; plus, the contract reserved Apple’s right to decide in its sole discretion. Implications. Indeed, the plaintiffs said they sued to redress Apple’s “curation” and “censor[ship]” of smartphone apps).

Reporting 101

Reporting Law Contracts Advertising 101

TorrentFreak

SEPTEMBER 6, 2023

The fact that a notice appeared at all does lean towards a non-chaotic termination of the site. One major topic of discussion at the conference was EMPACT, the European Multidisciplinary Platform Against Criminal Threats, which in the current cycle 2022-2025 has IP crime as a priority.

Intellectual Property 94

Intellectual Property Television Reporting IP 94

The IPKat

AUGUST 24, 2021

For museums, there are now exceptions for digital displays of collection works on dedicated terminals and, in certain situations, for making preservation and replacement copies. It is a compact and no-nonsense guide to the often complex interrelations between the visual arts and intellectual property law. This book will help them through.

Art 98

Art Copyright Editing Publishing 98

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Although the number of published cases reporting factual information about emoji was in the single digits until just recently, and German courts have yet to develop a standard method of dealing with them, the topic is growing rapidly even though courts have some trepidation about it. Hesitation to display emoji in opinions.

Blogging 79

Blogging Social Media Publishing Reporting 79

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? 7072 interferes with the platforms’ own speech rights by forcing them to carry messages that contradict their community standards and terms of service, PruneYard is inapposite.”

Social Media 97

Social Media Law Blogging Publishing 97

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Plaintiff’s complaint was “sufficient to ‘raise a right to relief above the speculative level on the assumption that the allegations in the complaint are true.’” The former employees were right. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

NOVEMBER 30, 2021

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. First, it argued that the ongoing payment obligations under the license created certain rights in the license. Qualcomm Inc. , No 20-1683 (Fed. 10, 2021) (“Apple II”). Background.

Settlement 52

Settlement Licensing Litigation Art 52

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

SpicyIP

AUGUST 30, 2021

Topical Highlight. Kedar concludes that the Court set a much-needed precedent, by settling that even a medical necessity induced by COVID cannot be a free-pass for the pharma-companies to blatantly infringe IP rights and later play victim by justifying their act under the pretext of public emergency. Sun Pharma v. Cipla Ltd. ,

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

LexBlog IP

JANUARY 17, 2022

Topics and speakers. Florida Chapter 440 may protect employers from claims such as unemployment, EEOC, wrongful termination and retaliation claims. Click here to download the brochure. General Session #1, Lingering Effects of COVID on Florida Employers , presented by Scott Atwood, Esq.

Registration 52

Registration Contracts Business Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 26, 2023

Facebook qualifies for Section 230 in account termination case. Related topics * Patel v. .” The mere operation of a website with later follow-up for price quotes, contract execution, and installation insufficiently establishes qualification.” ” [This is obviously wrong.] * Cono v. Facebook, 2021 Cal. Superior Ct.

Publishing 85

Publishing Law Marketing Marketing 85

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.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. It further stated that it would be difficult to imagine a mandamus petition that challenges a denial of institution and identifies a clear and indisputable right to relief. Right to Appeal.

Reporting 52

Reporting Art Invention Patent 52

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., 10,464,992) and a method of treatment patent (U.S. Patent Nos.

Litigation 52

Litigation Settlement Patent Marketing 52

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. Hawley’s Bill Would Cut Off Copyright Termination Rights for Authors and their Heirs.

Reporting 121

Reporting Copyright Public Domain Marketing 121

Technology & Marketing Law Blog

AUGUST 12, 2022

For example, the fourth meme references government spending priorities, and that’s a major social topic. However, I cannot get over how Hernandez engaged in these topics in a blatantly anti-Muslim fashion. More Proof That Facebook Isn’t The Right Place To B h About Your Job–Talbot v. The appeals court disagrees.

Social Media 52

Social Media Privacy Blogging Law 52

Patently-O

JULY 9, 2021

Right to Repair : The FTC is encouraged to “limit powerful equipment manufacturers from restricting people’s ability to use independent repair shops or do DIY repairs.” More to come on this topic. Note, the statement does not mention patent rights or intellectual property, but several of the orders have IP implications.

Licensing 100

Licensing Intellectual Property Privacy IP 100

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. ” His wrongful termination lawsuit partially survived a motion to dismiss. See, e.g., PETA v. Tabek, 1:21-cv-02380-BAH (D.D.C. March 31, 2023).

Social Media 66

Social Media Government Web Design Law 66

Technology & Marketing Law Blog

SEPTEMBER 15, 2023

Clearly, this topic is rapidly evolving, and it will almost certainly end up on the Supreme Court’s main docket (not just the shadow docket) soon.] * * * Twitter suspended users or deboosted their tweets based on its COVID misinformation policy. Google Facebook Defeats Jawboning Lawsuit Over COVID Misinformation Removal–Rogalinski v.

Government 102

Government Blogging Social Media Litigation 102

TorrentFreak

AUGUST 3, 2021

In addition, they have to implement a meaningful policy to terminate accounts of repeat infringers. According to RIAA CEO Mitch Glazier, Twitter could stop the piracy problem overnight if it had the will and the right incentive. Under US law, online service providers need to respond to takedown notices.

Business 139

Business Social Media Music Copyright 139