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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping.

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An Overview on Trademark Genericide

IP and Legal Filings

Lastly, trademarks are pivotal for commercial purposes such as sales and advertisements. Eventually, the Court held that the word “thermos” was indeed a generic term that was in the public domain, and thus, the defendant could proceed with the use of the word under the condition that “thermos” shall not be capitalized.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

30, 2021): Plaintiff alleges that Defendants knew that Defendant Wagner did not own the copyright to the images that Plaintiff posted on its social media channels, because Wagner abandoned the copyrights when he executed the Stipulation of Settlement, which dedicated the intellectual property rights of the images to the public domain.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws. However, there are precautionary steps a company can take to prevent unintended liabilities.

IP 98
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2023 IP Resolutions Start with a Review of IP Assets

LexBlog IP

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws. However, there are precautionary steps a company can take to prevent unintended liabilities.

IP 52
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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

Arguably this type of expression should remain in the public domain available for use by everyone in connection with their goods or services unless it is protected by another intellectual property law. Such words and symbols are also less likely to function as a source-identifying mark.