LexBlog IP

NOVEMBER 22, 2021

.” Since the enactment of the BPCIA, the FDA has approved nearly 30 biosimilar products, and, as the market has grown, litigation activity concerning biosimilars has increased rapidly. We are excited to announce that Goodwin has released an updated edition of our guide published by Thomson Reuters. The post Now Available!

Litigation 52

Litigation Editing Blogging Publishing 52

LexBlog IP

DECEMBER 20, 2022

.” Since the enactment of the BPCIA, the FDA has approved 40 biosimilar products, and, as the market has grown, litigation activity concerning biosimilars has increased rapidly. We are excited to announce that Goodwin has released an updated edition of our guide published by Thomson Reuters. The post Now Available!

Litigation 52

Litigation Editing Blogging Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 8, 2022

Fish & Richardson has received the elite “Gold Band” national ranking in the litigation category in the 2022 edition of IAM Patent 1000: The World’s Leading Patent Professionals. also received top rankings in the prosecution and litigation categories. also received top rankings in the prosecution and litigation categories.

Editing 52

Editing Patent Litigation IP 52

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” I will turn in my edit-ready version to the journal in a couple months, so I have time to incorporate comments. 32nd Annual DePaul Law Review Symposium , Chicago, April 14, 2023. Free RSVP!

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IP Intellectual Property Journalism Editing 103

The IPKat

JUNE 19, 2023

This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection , edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). Part Three covers rights relating to trade marks, domain names, ambush marketing and publicity rights.

Intellectual Property 135

Intellectual Property Editing IP Publishing 135

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Books and Academic Articles.

Editing 89

Editing Social Media Blogging Advertising 89

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

Technology & Marketing Law Blog

JUNE 3, 2023

Despite these developments, she pressed on with her litigation. Her parallel state court litigation gets an equally chilly reception. Twitter appeared first on Technology & Marketing Law Blog. Rutenberg can now scratch her Trump itch at Truth Social, plus Musk has invited Trump back to Twitter. ” Cites to Murphy v.

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Social Media Editing Litigation Publishing 77

The IPKat

JANUARY 17, 2023

Tritton on Intellectual Property in Europe is now in its Sixth Edition. This weighty tome from Sweet & Maxwell is edited by Richard Davis, Thomas St Quintin and Guy Tritton from Hogarth Chambers , London. Find out more about Rosie here. It asks why this right is necessary and how protection has evolved in a European context.

Intellectual Property 76

Intellectual Property Editing IP Publishing 76

The IPKat

MAY 20, 2024

Find out by reviewing the latest edition of our miscellany post. Always on the move to attend the latest events What's new in terms of events and opportunities in the IP field? And, for events, do not forget to regularly check our Events page. Happy week to all our readers!

Intellectual Property Law 62

Intellectual Property Law Intellectual Property Licensing IP 62

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

Litigation 40

Litigation Technology Business Patent 40

IPilogue

OCTOBER 18, 2022

The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . Since then, WOTC has licensed the marks to another company which sells older editions of both D&D and the original Star Frontiers. We will be following the outcome of this dispute as litigation continues.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

TorrentFreak

JUNE 14, 2022

Two Years of Litigation, Both Parties Request Summary Judgment. Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries.

Publishing 112

Publishing Fair Use Copying Editing 112

Technology & Marketing Law Blog

JANUARY 19, 2023

.” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. However, this case’s litigation approach is problematic. Snap appeared first on Technology & Marketing Law Blog. Despite Doe v.

False Advertising 87

False Advertising Social Media Publishing Advertising 87

LexBlog IP

SEPTEMBER 25, 2023

The considerations relevant to developing an AI policy applicable to the administrative side (human resources, the C-suite, and marketing) are detailed below, while technology services and software specific concerns will be addressed in later editions of this series.

Confidentiality 52

Confidentiality Intellectual Property Marketing Marketing 52

43(B)log

FEBRUARY 3, 2023

Sure, says the market, but I’ll take a little less quality for a lot less $. Maybe the consumer base will stave this off for music since the market is different/less focused on advertisers. Airgigs: I can hire someone to do complete editing/mixing/mastering for $300—$500-700 for the best engineers in Nashville.

Copyright 59

Copyright Music Marketing Marketing 59

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Sometimes add content warnings instead of edits.

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Copyright Editing Settlement Music 64

43(B)log

MARCH 22, 2023

20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. Usana incorporates the Guide into its marketing training. Usana characterizes payments to NutriSearch and MacWilliam as marketing expenses. Ariix LLC v.

Editing 59

Editing False Advertising Social Media Marketing 59

Kluwer Copyright Blog

APRIL 25, 2024

High profile litigation and media-covered controversies have drawn wide-spread attention to the essential role that pre-existing works play in the process of “teaching” an AI to “think.” More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 69

Copyright Government Copyright Law Reporting 69

Kluwer Copyright Blog

APRIL 25, 2023

Until recently, these activities were largely ignored by rightholders as they were directed at older titles that were no longer being actively marketed. A livestream shares certain similarities with a Let’s Play video, but the latter features a higher degree of editing and curation while the former is an unedited, real-time performance.

Copyright 56

Copyright Copyright Infringement Fair Use Intellectual Property 56

43(B)log

OCTOBER 13, 2021

Here, there was no editing of the “lyrics, vocals, or instrumentals at all.” FWIW, I think the use here is plausibly nontransformative but noncommercial, and that market effect can make noncommercial uses unfair.] So too here. The quantity and value were plainly not reasonable in relation to the purpose of the copying.

Fair Use 83

Fair Use Music Marketing Marketing 83

Technology & Marketing Law Blog

APRIL 24, 2022

More generally, this ruling highlights the continued problems this case poses for Facebook after four years of vigorous litigation in Texas courts. Doe appeared first on Technology & Marketing Law Blog. Case citation : Facebook, Inc. 230’s Immunity.

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Blogging Marketing Marketing Editing 103

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Supreme Court in favor of Google, January 2023 The post 2023 Internet Law Year-in-Review appeared first on Technology & Marketing Law Blog.

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Law Social Media Advertising Advertising 103

Technology & Marketing Law Blog

JULY 26, 2021

[The 2021 edition of my Internet Law casebook is coming soon. However, sometimes the likely damages award from a successful federal copyright lawsuit will be less than the attorneys’ fees and other costs to litigate it. To get around this, the CCB proceedings are nominally “voluntary” to the litigants. 505; Kirtsaeng v.

Copyright 140

Copyright Law Registration Copyright Infringement 140

Kluwer Copyright Blog

MAY 15, 2024

Copyright Office and the explosion of litigation (see here ) in the U.S., More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. The statements by authors that were consulted by the U.S. This requires institutional reform and a paradigm shift.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

The IPKat

OCTOBER 25, 2022

Only then can they develop an IP strategy that drives innovation, brings new products or services to market and maximises the return on their IP assets. This special issue will be co-edited by (in alphabetical order) Stefano Barazza, Irene Calboli, Sarah Harris, Annette Kur, and our PermaKat Eleonora Rosati.

Intellectual Property 67

Intellectual Property Registration IP Technology 67

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2022

The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. A Changing Practice.

Journalism 52

Journalism Law All Rights Reserved Litigation 52

Technology & Marketing Law Blog

DECEMBER 15, 2023

Mindgeek litigation, the court certified a class of CSAM victims suing Mindgeek for “knowingly” disseminating videos of them. Twitter appeared first on Technology & Marketing Law Blog. Despite that, I’m sure the plaintiffs will appeal this ruling back to the Ninth Circuit. Case Citation : Doe v. Twitter, Inc.

Blogging 108

Blogging Designs Design Editing 108

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants.

Law 114

Law Social Media Government Privacy 114

Technology & Marketing Law Blog

MAY 5, 2023

We’re still working through the first wave of litigation testing Congress’ poor handiwork. 230’s Immunity The post The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable) appeared first on Technology & Marketing Law Blog. Last October , in Doe v.

Blogging 99

Blogging Editing Business Law 99

Technology & Marketing Law Blog

MAY 17, 2022

This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. Roblox appeared first on Technology & Marketing Law Blog. This opinion is filled with bad news for Roblox.

Contracts 124

Contracts Publishing Licensing Editing 124

IP Intelligence

AUGUST 15, 2023

But when copyright is enforced in litigation, the inability of the copyright owner to identify the protectable elements of the registered work is fatal. Here, the human authorship and AI contributions most likely occur simultaneously and not in two separate stages, as they did when Kashtanova used Photoshop to edit Midjourney outputs.

Registration 52

Registration Copyright Copying Editing 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

JUNE 22, 2023

A service is a covered platform if it: Acquires, indexes, or crawls DJP content, “Aggregates, displays, provides, distributes, or directs users” to that content, and Either Has 50M+ US-based MAUs or subscribers, or Its owner has (1) net annual sales or a market cap of $550B+ OR (2) 1B+ worldwide MAUs.

Journalism 90

Journalism Social Media Publishing Government 90

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 72

False Advertising Advertising Advertising Social Media 72

LexBlog IP

NOVEMBER 28, 2023

What has been the market-effect on the underlying work? TVEyes, a media company, recorded content from over 1,400 television and radio channels, including Fox, and allowed clients to play, save, edit, download, and share this content. The first factor is of chief concern ordinarily. What is the purpose and character of the use?

Fair Use 52

Fair Use Intellectual Property Settlement Business 52