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MarkIt to Market® - June 2023

JD Supra Law

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the application of the Rogers test in trademark infringement cases Jack Daniel's Properties Inc.

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Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania

Technology & Marketing Law Blog

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. It’s also unclear if Dr. Thomas’ email linked to the article or included its full text. University of Pennsylvania, 2023 U.S.

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Pro-Plex News Articles on Facebook Deleted By Markscan On Behalf of Plex

TorrentFreak

On January 1, 2024, TorrentFreak published a review of the wrongful DMCA notices filed against us in 2023, either directly via email or at Google demanding deindexing of our articles. At the start of 2023, anti-piracy outfits managed to leave us alone for almost three weeks but this year couldn’t manage 24 hours.

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Special 301 Report 2023: Reflections from Public Health Perspective

SpicyIP

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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UAE’s Competition Regulation: A Comprehensive Analysis of Federal Law No. 36/2023

LexBlog IP

36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. 36/2023: According to Article 1 of the Federal Decree-Law No. Dominant Position: An Establishment with the capability to control and influence activities within a Relevant Market. 4/2012) in the UAE.

Law 52
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UK takes uncompromising approach to interpretation of "the product" under Art. 3(a) SPC Regulation (Newron v Comptroller [2023] EWHC 1471)

The IPKat

Recorder Douglas Campbell KC in the High Court recently handed down a decision ( [2023] EWHC 1471 ) considering the interpretation of "product" in the SPC Regulation. The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ).

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My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry

Technology & Marketing Law Blog

To that end, I am giving a couple of public talks on the paper: Tarrant County Bar Association , Texas A&M Law School, Fort Worth, TX, March 27, 2023. 32nd Annual DePaul Law Review Symposium , Chicago, April 14, 2023. Free RSVP! I would welcome yours.

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