Patently-O
JULY 19, 2023
Because the federal trade secrecy right is so new (and no registration is available), it is still unclear whether we’ll see the same result. Although publicity rights initially emerged as a privacy interest, I find that students are quick to see its kinship to trademark law and unfair competition.
Technology & Marketing Law Blog
OCTOBER 26, 2021
This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Knowing what we know now about the dangers of unmasking subpoenas, I would like to think that Congress would draft 512(h) with more privacy sensitivity today. The bloggers countered with fair use.
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The IPKat
FEBRUARY 21, 2022
Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. Registration is open here. More details about the event and registration can be found here.
Technology & Marketing Law Blog
NOVEMBER 11, 2023
The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. Allegedly, Facebook and Instagram refused the takedown demands because the trademark violations weren’t obvious.
SpicyIP
OCTOBER 27, 2023
These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.
Velocity of Content
SEPTEMBER 9, 2021
On the positive side, it helps drive more reliable use analytics of one’s content on YouTube. But what it isn’t is a substitute for a copyright registration. (It Note that the algorithm does not work perfectly — most prominently, it doesn’t understand the US legal doctrine of fair use very well. (To
43(B)log
AUGUST 4, 2023
Biofire isn’t submitting for registration in NJ to avoid triggering law. There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Many of these uses are functional and uncontroversially noninfringing: functional uses and modifications. The 1201 review illuminates the problem.
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