Patently-O

FEBRUARY 23, 2022

Guest post by Professors Sarah Burstein (University of Oklahoma) and Saurabh Vishnubhakat (Texas A&M University). For example, we see no good reason for the USPTO not to publish all design patent applications. In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S.

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Design Patent Designs Design Patent 134

Technology & Marketing Law Blog

AUGUST 24, 2023

The CFAA prohibits accessing a “protected computer” without authorization. From 2001 to 2017, the simplistic answer was yes, any form of revocation of authorization was typically sufficient to trigger CFAA liability, if the scraper continued to access the site without permission. And then, in 2017, the famous hiQ Labs, Inc.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Patently-O

DECEMBER 6, 2022

By Sarah Burstein , Professor of Law at Suffolk University Law School. The panel did not seem convinced that it had the authority to overrule those prior panel decisions and at least one judge expressed doubt that KSR even applies to designs. LKQ Corporation v. GM Global Technology Operations LLC , No. It’s not.

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Designs Design Design Patent Art 54

Copyright Lately

AUGUST 10, 2021

Now, after nearly another full baseball season’s worth of legal wrangling, Southern District of New York Magistrate Judge Sarah Netburn today issued a 91 page report and recommendation on the parties’ cross-motions for summary judgment. That said, there are reasons for the parties to discuss settlement.

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Derivative Work Copyright Settlement Reporting 102

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. Even when judges blast specific plaintiffs, they still aren’t taking the corrective action—they aren’t applying their reasoning to other cases or other Ds, they aren’t imposing sufficient penalties to deter. The judge isn’t hearing that they’re not counterfeiters.

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Fair Use Branding Brands Branding 45

IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Author: Harjas Gulati. Magic Mantra Vision. [vi]

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Copyright Law Copyright Music Law 70

43(B)log

AUGUST 12, 2022

Morality/Creation Loyalties and Royalties Sarah Polcz Songwriters often share credit equally, even when contributions are not equal; this is associated with higher quality and no lower royalties. Being friends first is associated with more equal shares. Why do Hollywood studios pay money to acquire rights that don’t exist?

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IP Public Domain Music Copyright 72

43(B)log

FEBRUARY 3, 2023

Andrew Gilden & Sarah R. A: yes, but trying to clarify that we care about different things for different reasons and may have to choose which. Background: Erie marks transition from era of legal formalism to realism; one of the reasons we have the Lanham Act, since Erie invalidated the federal common law of trademarks.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

LexBlog IP

MARCH 12, 2023

16, 2023), the vendor GateGuard alleged that Amazon was misappropriating GateGuard’s “proprietary security technology that acts as an ‘AI Doorman’ for multifamily residential properties, allowing authorized users to unlock entrances remotely and to monitor activity.” A Revealed Preference Approach.”

Blogging 52

Blogging Litigation Ownership Reporting 52

43(B)log

AUGUST 11, 2022

Canadian cases: Neudorf, Sarah McLachlan’s session musician denied joint authorship despite contributing original melodies b/c court followed US rule: McLachlan didn’t consider him an author. More recent authority casts doubt on that but doesn’t resolve the issue. That’s not property rights reasoning. UK: Beckingham v.

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Music Copyright Ownership Derivative Work 56

The IPKat

DECEMBER 9, 2022

While there are indeed numbers of exceptions to the general rule of authorization, case law of recent decades has shown that musicians have succeeded in countless instances of unauthorized use of musical works in political campaigns. Bush, Bob Dole, Mike Huckabee, Barack Obama, Donald Trump, Mitt Romney, Sarah Palin and John McCain.

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Copyright Music Fair Use Settlement 78