Technology & Marketing Law Blog

AUGUST 1, 2023

As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. Copyright thus distinguishes between the “work” (here, an intangible image and accompanying text) and fixed “copies” of a work (such as a negative, or a print). The question is whether the same is true as a legal matter.)

Blogging 96

Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

DECEMBER 13, 2023

Taco Bell Corp. , The court says that the Copyright Act does not generally preempt contracts, but it leaves the door open for the possibility that some contracts could be preempted. Those memos were created manually and using a text-scraping bot, allegedly using Westlaw content. In Wrench Ltd. 3d 446 (6th Cir. at 976-977.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. HathiTrust is a particularly significant case in this regard because the district court in that case directly addressed the issue of text data mining. [5]

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

43(B)log

JANUARY 3, 2024

Penn Engineering & Manufacturing Corp. There’s a factual dispute over whether Peninsula’s use of Penn Engineering’s trademarks in its “PEM Family of Marks” (based on the name of its holding company) in Google search advertisements stemming from three ad vendors constituted an intent to confuse. Peninsula Components, Inc.,

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Technology & Marketing Law Blog

JULY 17, 2023

In doing so, it left questions open for the lower courts, including (oddly) a specific identification of the step two Congressional focus underlying the relevant statutory provisions and how marked goods that had been sold initially in Europe but then re-sold in the US should be treated. Google Inc.

Trademark 70

Trademark Blogging Litigation Law 70

43(B)log

OCTOBER 4, 2021

However, how you produce evidence of lack of harm is an open question even if the presumption is a very thin one. This ruling helped resurrect trademark owners’ interests in threatening others engaged in competitive keyword advertising, despite no persuasive evidence that keyword-triggered confuse consumers unless they have confusing ad text.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JULY 11, 2021

NY Times : Mark Zuckerberg and Sheryl Sandberg’s Partnership Did Not Survive Trump. * “ False Accusation: The Unfounded Claim that Social Media Companies Censor Conservatives.” Olympia Companies, LLC, 136 Nev. Centene Corp., . * NY Times : What Happened When Trump Was Banned on Social Media. * ” * Kosor v.

Privacy 70

Privacy Social Media Government Confidentiality 70