The IPKat

NOVEMBER 9, 2021

of global trade; and in a recent EU IPO report, it was found that as many as 1 in 3 people have been misled into buying counterfeits. For marketplaces where there is no relationship with the goods sold (whether via manufacture, storage or distribution), a lot of the information that might detect unsafe products is out of their control.

Reporting 128

Reporting Law Due Diligence Branding 128

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Plaintiff Sanofi failed to show a triable issue of fact on (1), (5), and (6). In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

JUNE 16, 2022

The court granted the motion to dismiss in part. The alleged misrepresentations constituted, in essence: (1) suggesting that most or all of the donated money would go to charity and (2) suggesting that Plaintiffs would be more likely to win prizes if they made donations than if they entered for free. Plaintiffs plainly have standing.

False Advertising 59

False Advertising Advertising Advertising Designs 59

SpicyIP

MAY 1, 2022

Class II – Interrogating the I – ‘Intelligence’ in IPR (Part 1: pre-break). So, though a ‘one-size-fits-all’ regime was touted as a saviour, it turns out it was quite ignorant of what it was trying to ‘save’! This class will start by digging into the term ‘Intellectual’ (‘I’) and seeing what it entails.

IP 133

IP Intellectual Property Invention Law 133

43(B)log

FEBRUARY 4, 2023

Corrolary: fair use can be determined when new work is fixed in final form; determination won’t change after that; work can be performed or reporduced as a whole in any quantity, but reproduction or performance of part might remove the justifying context and be unfair: example—just the riff of 2 Live Crew’s Pretty Woman. OMG Girlz v.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

IP Intelligence

APRIL 24, 2023

We have a lot of ground to cover here, so bear with me. He has a rough concept of what the technique will yield – he selects paints, colors, the size of the canvas. Burrow-Giles relied in part on an 1883 decision from the U.K., But the technique injects considerable randomness into the production of the painting.

Ownership 98

Ownership Copyright Public Domain Registration 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

Fish attorneys John Dragseth and Nitika Gupta Fiorella authored a Law360 Expert Analysis article discussing the post-grant appeals that drove a lot of the legal activity at the Federal Circuit this past year despite the pandemic and what the notable developments in 2020 may mean for 2021. Arthrex: The Most Important Case of the Year.

Art 40

Art Litigation Invention Technology 40

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. [and] The court applied a rebuttable presumption of irreparable harm.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

TorrentFreak

FEBRUARY 16, 2024

“With the companies we’ve been working with, the size of the panel shrinks exponentially as we ask for longer panels. ” MPA Funding Finally, it should be noted that this new India/Brazil study, like previous ones, is carried out as part of Carnegie Mellon University’s Initiative for Digital Entertainment Analytics (IDEA).

Publishing 107

Publishing Journalism Copyright Music 107

Technology & Marketing Law Blog

AUGUST 24, 2022

The CPRA’s July 1, 2022 statutory deadline for rule-making was always a pipe dream, so it’s not the CPPA’s fault that they blew the deadline. Two examples: (1) The proposed “disproportionate effort” test requires businesses to evaluate how much consumers care about their requests. BrandTotal.

Privacy 120

Privacy Blogging Business Government 120

The IPKat

DECEMBER 29, 2023

This Kat’s notes on the Judgment has two parts: the second part will concern the FRAND Question and this first part contains everything else. The Judge accordingly concluded that the PA Consulting/Optis approach to determining the stack size was not reliable ([137]).

Patent 78

Patent Litigation Marketing Marketing 78

Kluwer Copyright Blog

OCTOBER 9, 2022

But still, a lot speaks in favour of giving the concept of publisher a pan-EU meaning. Under Article 16(1) DSM Directive, the Member States of the European Union are not obliged to provide for rules on compensation sharing between authors and publishers. Conditions which publishers under Article 16(1) DSM Directive must meet.

Publishing 97

Publishing Music Copyright Law Marketing 97

Technology & Marketing Law Blog

DECEMBER 12, 2023

1:21cv1452 (MSN/JFA), 2022 WL 9874815, at *5 (E.D. The likely misjoinder costs taxpayers a lot of money. Among those 64 defendants, the ex parte TRO caused $21M of their assets to be frozen. I wonder about how $21M of asset freezes compares to the total global market size for the specific products at issue.

Blogging 65

Blogging Trademark Marketing Marketing 65

43(B)log

JUNE 24, 2022

But is the doctrine clear enough to make this a helpful consideration or will it just become part of the mud? RT: I would say lots of courts in © also try to reduce merger to meaning that you can do anything but copy verbatim, which is a narrowing that many courts in TM don’t bother with, though some variants of Rogers v.

Trademark Law 75

Trademark Law Law Trademark Registration 75

43(B)log

AUGUST 3, 2023

Court chose to rule quite narrowly in part b/c of concessions during litigation. You’re reading rationality into the opinion where there’s a lot of inconsistency. Nonexpressive use and market failure are part of this analysis. perhaps you should also reframe the first part of the inquiry to analyze the use and not the work?

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Technology & Marketing Law Blog

OCTOBER 16, 2023

Unsurprisingly, regulators haven’t done a lot of this hard work. That makes this topic is the #1 battle privacy advocates should be fighting. So long as it mandated online age authentication, it was always going to be doomed, but it could have pursued different approaches if the right experts had been part of the conversation).

Designs 79

Designs Design Privacy Business 79

Technology & Marketing Law Blog

AUGUST 11, 2023

The court explains: In Lee, the court found the Terms of Use sufficiently conspicuous even though they were referred to as part of a broader payment screen. This legal standard ensures lots of meritless litigation. .” While the website formation process succeeds, the following mobile formation screen fails: What went wrong?

Contracts 72

Contracts Law Reporting Blogging 72

SpicyIP

FEBRUARY 27, 2023

The court also stated that there is a lot of visual similarity in the marks (the size of mark, colour scheme) which can be confusing for the customers and it is easy to pass off the defendant’s products as that of the plaintiff. 1 under Section 125 and Section 57, was based on an erroneous interpretation of the Trademarks Act.

Trademark 104

Trademark IP Registration Technology 104

43(B)log

APRIL 7, 2023

Or music service that has licensed content and user-uploaded content: what is the platform part? Part of the second generation that replaced the first generation like section 230 designed to create breathing space for speech and industries; focus on is regulation of risks posed by services. Again, 14(1) is ok if properly described.

Copyright Law 40

Copyright Law Law Copyright Art 40

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order.

Social Media 98

Social Media Law Blogging Publishing 98

Copyright Lately

JULY 10, 2022

” I didn’t catch the last part of the interview, but I’m assuming it was something to the effect of, “But our Scrooge McDuck-sized swimming pool can’t hold any more gold coins, so here we are.” ” Add a few zeros, Lucille. But enough about food, let’s talk about copyright infringement.

Copyright 68

Copyright Artwork Art Social Media 68

43(B)log

AUGUST 3, 2023

But CS literature on extraction attacks exists: in successful attacks, models may be trained on many duplicates of the same work; images associated with unique text descriptions; ratio of model size to training data is relatively large. Sonia Katyal, A Trademark Theory of Rebranding Lots of rebranding out there. What to do?

Social Media 52

Social Media Fair Use Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 21, 2022

[Note: this is the first of what may become a 3 or 4 part series about anti-Internet bills moving through the California legislature.]. Every legislator really ought to read this article about how to draft size metrics for Internet services. ” I believe the bill will get a legislative hearing later this month. Conclusion.

Social Media 120

Social Media Law Publishing Reporting 120

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. My presentation, galloping across a bunch of developments. Slides here.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

APRIL 7, 2023

The court says the filtering is only set in motion if rightsholders send a notification, but again the incentives are to send lots of notices. Lots of actions are not covered by the regulation, especially visibility measures and monetization. Monetization is an area where the issues are particularly bad.

Art 64

Art Licensing Designs Design 64

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. copyright: (1) Food/chemicals (physicality, unlike ©; easy to establish stringent rules b/c it’s allowed v.

Art 45

Art Copyright Settlement Moral Rights 45

43(B)log

FEBRUARY 19, 2022

Lawmakers should enact regulations that create RT: (1) When you say platform, do you mean FB? This is part of my “platforms aren’t FB” hobby horse. If your ranking goes down to 1 star on FB, you get kicked off. 60% of overall sales according to Amazon are 3d parties; they say only 1% is private label products.

Law 119

Law Branding Brands Branding 119

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Wind Done Gone: Alice Randall was a big fan, but also had a lot to say, and only part 2 of that mattered. Pay for your pleasure or shut up about it.

IP 59

IP Marketing Marketing Patent 59

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

In Texas, the court applied strict scrutiny to strike down a law that required commercial websites with 1/3 or more of their content as pornography to age-authenticate all users and block minors. [As ” The 1/3 cutoff is obviously arbitrary and thus under/overinclusive. Colmenero , 2023 WL 5655712 (W.D.

Social Media 124

Social Media Privacy Law Government 124