43(B)log

NOVEMBER 27, 2023

Spoiler: the robot wins for lack of Article III standing. DNP removed some products from its website, but it continued to advertise and promote legal products and services including defamation demand letters, divorce certificates, divorce settlement agreements, and numerous other categories of legal services. DoNotPay, Inc.,

False Advertising 49

False Advertising Advertising Advertising Contracts 49

SpicyIP

JULY 9, 2021

The court examined relevant cases and held that celebrity rights ‘cannot be appreciated, divorced of the concept of right to privacy’ and that they originate from the right to privacy stemming from Article 21. Right of publicity was raised as one of the issues. Relying on Puttaswamy v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

IP and Legal Filings

APRIL 4, 2023

Articles 14 and 15 protect the rights of women by ensuring equality and non-discrimination against Indians, among others, on the basis of gender. Article 16 guarantees equal opportunity in public employment regardless of gender. Article 39 provides equal pay for equal work to men and women. In Anuj Garg and Others V.

Law 77

Law Government Advertising Advertising 77

43(B)log

APRIL 27, 2022

The court denied Spokeo’s motion to dismiss, finding Article III standing and that a right of publicity violation was sufficiently pled; nor was Spokeo immune under §230; nor was there a dormant Commerce Clause problem or a First Amendment violation in holding Spokeo liable on plaintiffs’ theory.

Privacy 72

Privacy Advertising Advertising False Advertising 72

Copyright Lately

MAY 6, 2022

While selling static digital images may be the typical current use case for NFTs, proponents of a decentralized Disney are looking to go much further: They envision an ecosystem in which acquiring an NFT would give the buyer the right to exploit the underlying character IP in new derivative works, divorced from any specific images.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

SpicyIP

JANUARY 2, 2024

The interpretation of the term ‘scandalous’ in Australia is an objective examination and remains completely divorced from morality concerns. Farley notes, “ The regulation of morality in trademark law generates more law review articles than cases.” This position can be verified from various sources.

Trademark 59

Trademark Law Trademark Law Registration 59

Copyright Lately

OCTOBER 18, 2021

First, a brief (and somewhat simplified) overview of the facts: After Cher’s marriage to her former husband and performing partner Sonny Bono ended in divorce, Sonny and Cher entered into a marital settlement agreement in which they agreed to an equal division of their community property assets under California law. Robinson v.

Settlement 104

Settlement Music Copyright Publishing 104

43(B)log

FEBRUARY 24, 2023

1A and Article III standing are there, but worrisome; casualness over stare decisis does suggest courts are willing to look at things from scratch—Vintage Brands; Netchoice—everything might be up for grabs. Tam & Brunetti: wiping away bars and then putting pressure on failure to function as the limit on registration.

Trademark 69

Trademark False Advertising Fair Use Branding 69

LexBlog IP

JANUARY 10, 2024

The titling fun comes from understanding that the language of the “ good get ” has, “[m]ost recently,come to mean ‘the acquisition of an endorsement’ or ‘the act of securing an engagement for an appearance (as for a speech or interview),” but that word “ get ” can also signify divorce for some.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

And if a child is the product of divorced parents who disagree about parental permission, proof of express consent will be that much trickier to establish—especially without guidance from the State… once Act 689 goes into effect, the companies will err on the side of caution and require detailed proof of the parental relationship.

Social Media 124

Social Media Privacy Law Government 124