Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 133

Trademark False Advertising Advertising Advertising 133

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The abbreviated biosimilar licensure pathway created by the Biologics Price Competition and Innovation Act (BPCIA) in 2010 was designed to increase competition for biologics and reduce healthcare costs. Regulatory And Legislative Actions Set The Tone For Biosimilars in 2021.

Settlement 40

Settlement Licensing Design Designs 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. Comparative advertising is another example of free riding that is actually a very good idea. But there weren’t reported lawsuits against Bollywood films.

IP 72

IP Copying Marketing Marketing 72

The IPKat

MARCH 27, 2022

After further design work on an elasticated panel (or gusset to expand and contract with the calf) with strips of leather/suede running down the back of the boot and adding of tassels, the design was finalized in November 2014. The final design added a higher heel and varied the design of the leather/suede strips.

Designs 52

Designs Design Copying Art 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 109

IP Copyright Trademark Intellectual Property 109

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Citing this joint statement in a July 2021 press release , FDA announced that it had issued an untitled letter to Amgen citing issues with a banner advertisement of its biological product, Neulasta ® (pegfilgrastim). Since the BPCIA’s enactment in 2010, 50 BPCIA cases have been filed in district courts. ( See Figure 2.)

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

FEBRUARY 3, 2023

Maybe the consumer base will stave this off for music since the market is different/less focused on advertisers. Photographers=demonstrated that they are artists, not the way they made their $, which was through contracts. Widespread piracy corroded the traditional model—pirated PC games were 4x authentic copies in UK in 2010.

Copyright 59

Copyright Music Marketing Marketing 59

Technology & Marketing Law Blog

JANUARY 24, 2023

Musk bought Twitter, changing its competitive posture (more #MAGA, fewer journalists), decreasing its advertiser base, and otherwise causing Twitter’s implosion. Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006.

Law 110

Law Social Media Government Privacy 110