Selvam & Selvam Blog

NOVEMBER 14, 2022

The Commercial Courts Act (hereinafter referred to as “the Act”) was enacted in 2015 to establish a definite procedural framework for dealing with commercial disputes. its interpretation and enforcement. These courts deal with cases involving only a “commercial dispute” of a specified value. One major amendment was the insertion of Section 12A.

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The IP Law Blog

MARCH 2, 2021

1 The Court, with Justice Gorsuch delivering the majority opinion, held that a plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to a profits award. es the threat posed to companies that rely on third-party manufacturers. Fossil, Inc.

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The IPKat

FEBRUARY 23, 2023

Mrs Justice Falk ordered an injunction, not satisfied by the limited form of undertakings Samsung had offered and not persuaded to do otherwise in response to Samsung’s concerns that a standard injunction would leave them in an uncertain position. A form of order hearing took place a few months later.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. A fee-shifting statute for patent cases under Title 35 of the U.S. Since the U.S.

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The IPKat

JUNE 23, 2022

easyGroup Ltd v Nuclei Ltd [2022] EWHC 901 (Ch) (April 2022) Serial trade mark litigant easyGroup, the vehicle for Sir Stelios to seek to monopolise the word “easy” for travel and just about everything else, received some comeuppance before Mrs Justice Bacon. The parties were back in court in January for a form of order hearing.

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TorrentFreak

MAY 20, 2022

Megaupload founder Kim Dotcom wasn’t offered such a deal and is still wanted for extradition by the US Department of Justice. Last month we already reported that Virginia District Court Judge Liam O’Grady was replaced in the civil lawsuits filed by the RIAA and MPA against the site. Judge O’Grady is Replaced.

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Technology & Marketing Law Blog

JULY 17, 2023

Smagin , a RICO extraterritoriality opinion decided just one week before Abitron , Justice Sotomayor reminded us that “[d]ual rationales support the presumption. Restricting Extraterritorial Reach: The Opinions Working within these parameters, Justice Alito delivered the opinion of the Court. In Yegiazaryan v.

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Patently-O

FEBRUARY 22, 2023

Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. 5] Insurance options are suddenly plentiful, [6] funders are expanding and multiplying, [7] and new deal commitments are on the rise. [8] 17] At least, that’s as far as can be pieced together.

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LexBlog IP

AUGUST 23, 2023

.” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., In fact, lots is happening.

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LexBlog IP

NOVEMBER 11, 2022

Robles , provides a textbook example of how NOT to respond to a cease-and-desist letter from your former employer’s lawyer (the emojis below were attached as an exhibit to the complaint): Having prevailed before the U.S. The Boeing Company , can be found here. million verdict against Ford Motor Co. The jury awarded $22.39

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43(B)log

APRIL 7, 2023

Tutorial “The EU Digital Services Act – Overview and Central Features” General DSA Architecture and Approach Martin Senftleben, University of Amsterdam Formally, the safe harbor system is still in place for mere conduit, caching and hosting services for third-party information they transmit and store. What about the copyright interface w/ the DSA?

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Copyright Law Law Copyright Art 40

Technology & Marketing Law Blog

JANUARY 18, 2022

Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. For more background, read my primer about FOSTA and 230. The plaintiffs allege a variety of misconduct.

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LexBlog IP

DECEMBER 22, 2021

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss issues affecting competition in the labor market (“Workshop”). Conclusion.

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Marketing Marketing Contracts Government 52

LexBlog IP

MARCH 12, 2023

He also discusses the unique qualities of trade secret cases that prompted the TSCMJG, including (1) the challenges of trade secret identification; (2) the highly emotional nature of trade secret cases, and (3) the interplay between criminal and civil proceedings in these cases. § 256 was premature because no patents had yet issued.

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43(B)log

FEBRUARY 23, 2024

In that case we have a zone of interests test and a proximate cause test—adding in a harm requirement at least for claims that sound in 43(a). That could also address some of the Article III standing issues I’ve been encouraging people to raise. Dinwoodie and Janis taken out of context? Is there any hope there for parodists?

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43(B)log

FEBRUARY 3, 2024

Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. Joy of producing/consuming can be important motivation for activities, though, so exploring how courts deal with it in IP is important. Moralistic?

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