Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. In 2007, the Ninth Circuit in Perfect 10 v. I even agree with the latter point!) The Minority Opinion.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v. State of T.N., State of T.N., State of T.N.,

Privacy 94

Privacy Intellectual Property Law Intellectual Property Advertising 94

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump.

Registration 69

Registration Government Advertising Advertising 69