43(B)log

MAY 19, 2023

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” Natera knew, but did not disclose, that Panorama has a high rate of false positives for microdeletion-related and other rare conditions.

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

FEBRUARY 6, 2023

Defendants allegedly falsely represented that properties listed on the Roomster platform are real, available, and verified, and that they created or purchased thousands of fake positive reviews to support these representations and placed fake rental listings on the Internet to drive traffic to their platform.

False Advertising 72

False Advertising Confidentiality Advertising Advertising 72

Technology & Marketing Law Blog

MARCH 6, 2022

The court says: As Moonbug extensively alleged in its letter to YouTube accompanying its DMCA notices, its infringement allegations did not simply target JoJo’s large head, positivity and curiosity or family structure. ” Subjective Bad Faith.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

TorrentFreak

SEPTEMBER 17, 2023

With all due respect to those who posted reports suggesting that their negotiations were successful, for the inexperienced it’s a high-risk strategy the claimants positively welcome. That’s just one of many negative outcomes available to those who foolishly take on people who do law for a living.

Copyright 98

Copyright Settlement IP Reporting 98

The IPKat

FEBRUARY 1, 2022

The procedure The parent patent was attacked on various grounds in the 2020 action, principally obviousness, anticipation over Haimov and various insufficiencies, including uncertainty, insufficiency and lack of plausibility insufficiencies. Such claims would potentially also give Mylan a right to damages.

Invention 76

Invention Patent Litigation Law 76

Patently-O

JUNE 15, 2022

The Federal Circuit could plausibly have affirmed on indefiniteness in my non-judicial opinion. UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin. L’Oréal both responded on the indefiniteness point and advanced its own claim construction argument. ” Id.

Invention 78

Invention Inventor Blogging Patent 78

43(B)log

JUNE 6, 2023

2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. Malwarebytes, Inc., 21-16466 (9th Cir. Does adware count as unauthorized access if the ad part is sufficiently disclosed? Malwarebytes, Inc., 21-16466 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MARCH 6, 2024

SouthState allegedly eventually had to charge off the negative balances of Qoins’s accounts in an amount in excess of $33,000.” Some customers have also reached out to our new bank partner, but they are not in a position to help. While we have seen some customers reach out to SouthState Bank directly, customers have had no luck.

False Advertising 45

False Advertising Advertising Advertising Business 45

Kluwer Copyright Blog

JUNE 9, 2022

This bias may very well influence the ability to correctly identify content (false positives and/or negatives), the ability to establish acceptable thresholds (e.g., In spite of the above, the question as to what degree of error is acceptable and how to ensure unbiased results remains largely answered.

Technology 96

Technology Marketing Marketing Copyright 96

43(B)log

SEPTEMBER 15, 2021

31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” Taken together, the complaint didn’t plausibly allege commercial advertising or promotion. Wishbone Medical, Inc.,

Advertising 59

Advertising Advertising Social Media False Advertising 59

Kluwer Copyright Blog

JUNE 8, 2022

More specifically, if it is plausible that any bias, errors or inaccuracies present in the original datasets be carried over in some form onto the filtering tools developed on those data: (1) How do property rights in data influence this “bias carry-over effect”? Is this technically plausible? Scenario (4): Third party content.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

43(B)log

FEBRUARY 3, 2024

Matthew Sipe, Trademarks as Competition Law: TM as property—historically accurate but less plausible/supported today. TM law is more afraid of false negatives than false positives, and it should balance them. How does this affect application or development of TM law? Move from bright-line rules to flexible standards.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

JANUARY 21, 2022

(Specificity: true/false negatives; sensitivity: true/false positives.) ability to identify which patients will recur based on ctDNA detection) and 100% positive predictive value for recurrence (i.e., all patients Reveal identified as having a ‘positive’ ctDNA test result later recurred).”

False Advertising 64

False Advertising Advertising Advertising Journalism 64

Technology & Marketing Law Blog

JULY 5, 2021

9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. However, the facts as alleged do not plausibly suggest that any misrepresentation in Defendant’s Counter-Notice was knowing. Kid Car NY, LLC v.

IP 85

IP Social Media Fair Use Branding 85

Technology & Marketing Law Blog

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. You can see how plaintiffs might look for opportunities in the negative spaces here.

Social Media 137

Social Media Law Fair Use Blogging 137

43(B)log

NOVEMBER 6, 2023

This is simply not plausible.” Meanwhile, defendants claimed to only accept timeshare owners who were subjected to misrepresentations—but they also took the position that this happens to every timeshare owner. They might be closer to right than wrong on this one, based on the cases.) we’re going to protect your credit.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

Kluwer Copyright Blog

SEPTEMBER 12, 2022

In paras 63 and 64, the AG pointed out that filtering technology could be a plausible solution for identifying online infringements due to the high volume of content and the inability of human moderators to identify allegedly copyright infringing content, but argued that its implementation must be proportionate.

Copyright Infringement 95

Copyright Infringement Copyright Intellectual Property Copyright Law 95

43(B)log

JUNE 24, 2022

Thinking about its positive theorization is useful. In the EU, distinctiveness is always negative: it’s proved not distinctive, not proved disctinctive. EU says: if it is plausible that it could appear on the label, then it is inherently distinctive (unless it is “cotton” or “machine wash” etc.). That’s a nightmare.

Trademark Law 75

Trademark Law Law Trademark Registration 75

Technology & Marketing Law Blog

JANUARY 18, 2022

In doing so, the court cites to a prior ruling in the JB case, before the JB court reconsidered the matter and reversed its position. The court expressly rejects the Kik opinion. This ruling conflicts with the more recent reconsidered JB ruling, something the court expressly addresses in its reconsideration motion discussed below.

Blogging 119

Blogging Reporting Publishing Law 119