Fri.Jan 28, 2022

Uber’s TOS Fails in Court (Again)–Sarchi v. Uber

Technology & Marketing Law Blog

The plaintiff sued because she’s blind and an Uber driver refused to pick her up with her guide dog. Uber invoked the arbitration clause in its TOS. The Maine Supreme Court says that the TOS wasn’t properly formed.

Trial call

Likelihood of Confusion

Phoenix eve Originally uploaded by Ron Coleman Unbelievable day at trial in the Designer Skin v. S&L case yesterday. Maybe we’ll talk about it some day. Let’s see how today. The post Trial call appeared first on LIKELIHOOD OF CONFUSION™. LIKELIHOOD OF CONFUSION® Designer Skin Trials

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Fashion in the Metaverse: How NFTs Are Changing the Fashion Industry  

JD Supra Law

Internet Fashion vs. the Metaverse- The internet impacts many areas of our lives. Fashion is certainly not immune to such impact and well suited for that medium – information as what we wear, how we wear it, and how to purchase it is accessible to everyone in a plethora of electronic devices.

“Maus” Out at Tennessee Middle School

Velocity of Content

In a week that also saw the observance of International Holocaust Remembrance Day , the national media spotlight fell on the McMinn County, Tennessee, school board for its decision to remove from the eighth-grade curriculum Art Spiegelman’s Maus , a Pulitzer Prize-winning graphic novel about the Holocaust.

Art 52

NAD Finds Emojis Communicate Clear Messages in Advertising - Kattison Avenue/Katten Kattwalk | Issue 1

JD Supra Law

In a pair of recent decisions, the National Advertising Division (NAD) of BBB National Programs examined the use of emojis in advertising and found in at least one case that emojis can make expressly disparaging statements. By: Katten Muchin Rosenman LLP

Many Did Not Feel Their Voice Was Heard on Music Modernization Act–Artist Rights Watch

The Trichordist

47% of respondents polled did not feel their voice was heard in crafting the Music Modernization Act. Artists Rights Watch Mechanical Licensing Collective Music Modernization Act Polls

Music 52

Federal Circuit Nails Unqualified Expert

JD Supra Law

On January 21, in Kyocera Senco Industrial Tools Inc.

Art 52

More Trending

Canadian Patent Law 2021: A round-up of interesting developments and court decisions

JD Supra Law

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets of patent law.

Frozen Mechanicals Crisis: Monica Corton Tells Copyright Royalty Board that Without Parity, the Music Ecosystem Will Fail

The Trichordist

Indie publisher Monica Corton tells Copyright Royalty Board that without parity, the music ecosystem will fail. Copyright Office Copyright Policy Copyright Royalty Board Frozen Mechanicals Music Streaming Sneaky Services streaming meltdown Monica Corton

Music 40

Horizon Medicines LLC v. Alkem Labs. Ltd. (UPDATED)

JD Supra Law

Case Name: Horizon Medicines LLC v. Alkem Labs. Ltd., 2021-1480, 2021 WL 5315424 (Fed. 16, 2021) (Circuit Judges Dyk, O’Malley, and Hughes presiding; Opinion by Dyk, J.) Appeal from D. Andrews, J.). By: Robins Kaplan LLP

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Policy perspective on copyright law: my 3L semester at Canadian Heritage

IPilogue

Christian Bekking is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

Morgan Lewis Automotive & Mobility – Q4 2021

JD Supra Law

Welcome to the 30th edition of our newsletter on developments in the automotive industry published by Morgan Lewis’s automotive and mobility team with contributions from lawyers in our offices around the globe.

NIST Announces Funding Opportunity for Manufacturing Centers in Kentucky, Nebraska, Rhode Island and South Dakota

U.S. Department of Commerce

NIST Announces Funding Opportunity for Manufacturing Centers in Kentucky, Nebraska, Rhode Island and South Dakota. January 28, 2022. KCPullen@doc.gov. Fri, 01/28/2022 - 11:18. Manufacturing. The following is a cross-post from the U.S.

[Video] No Password Required: A Former Police Officer Who Embodies All the Qualities of a Great Leader

JD Supra Law

Chase Fopiano is the Founder of CyberTech Analytics, a cybersecurity provider that combines the worlds of both law enforcement and information security.

Law 52

Voices From the Frontlines: FirstNet Provides Flexibility and Interoperability for Emergency Management During Pandemic

U.S. Department of Commerce

Voices From the Frontlines: FirstNet Provides Flexibility and Interoperability for Emergency Management During Pandemic. January 28, 2022. KCPullen@doc.gov. Fri, 01/28/2022 - 11:42. First responder network. Graphic of first responders.

How an ex-NPE head built an innovative operating company on IP

IAM Magazine

When Marathon Patent Group transitioned into a bitcoin mining shop in 2017, its CEO Doug Croxall set out to develop a product business around its electrokinetic film subsidiary. Analysis In-house operations Non-Practising Entities

How judges and lawyers are coping with court backlogs this year

Managing IP

Remote hearings and forum selection can help parties tackle backlogs, but they aren’t perfect solutions

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TTAB Posts February 2022 (Video) Final Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Bee) has scheduled ten (10) oral hearings for the month of February 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.

Podcast: Is the Albright-inspired judicial study a good idea?

Managing IP

Sources from the High Tech Inventors Alliance, the Senate Judiciary IP Subcommittee and NPE Dominion Harbor weigh in on the rise of the Western District of Texas

CRISPR IP deals continue apace despite legal battles

IAM Magazine

Spate of recent transactions show the value of gene-editing patents beyond Cas9. Analysis

Other Barks & Bites for Friday, January 28: Tillis Asks for Study on Unified IP Office, Justice Breyer to Retire From SCOTUS, European General Court Reverses $1 Billion Fine Against Intel

IP Watchdog

This week in Other Barks & Bites: Senator Thom Tillis (R-NC) sent a letter yesterday to the Administrative Conference of the United States requesting it perform a study on the benefits of creating a unified, independent Intellectual Property Office; the Federal Circuit reversed an indefiniteness ruling invalidating computer-implemented method claims over a dissent from Judge Dyk; news reports indicate that Associate Justice Stephen Breyer will step down from the U.S.

Clothing Co. Loses Bid To Sue Polo Club Over Trademark Row

IP Law 360

The Court of Appeal upheld a decision on Friday to toss out a trademark infringement suit over the "Beverly Hills Polo Club" logo, saying that the claim was barred by an arbitration clause from an earlier contract

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

Technology & Marketing Law Blog

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM.

Strategies For Coping With Stress In The Legal Profession

IP Law 360

Attorneys should explore certain fast, accessible strategies for stress management, as unexpected stressors from work obligations increase at the beginning of the year and are only heightened by improvements in technology and an accelerated flow of communication, says David Kouba at Arnold & Porter

Infographic | 10 significant events in the history of privacy in Colombia

Olartemoure Blog

La entrada Infographic | 10 significant events in the history of privacy in Colombia se publicó primero en OlarteMoure | Intellectual Property. Data Privacy Infographics

UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen a high-profile insolvency filing from the high-end restaurateur behind the Wolseley, an IP suit against a children's entertainment channel from the production company behind Peppa Pig and a professional negligence claim against Shoosmiths LLP and Bracewell LLP. Here, Law360 looks at these and other new claims in the U.K.

IP 40

Ch. 11 Ruling Highlights When Reasonableness Backfires

IP Law 360

A Hawaii bankruptcy court’s recent ruling in the Minesen case, holding up an assignment of a contract despite federal law to the contrary, is reason to rethink the advisability of agreeing, in writing, to be reasonable, says Lisa Tancredi at Womble Bond

Injunctions Under TM Modernization Act: A Year In Review

IP Law 360

In the year since the Trademark Modernization Act became law and federal courts began applying the statutory rebuttable presumption that irreparable harm arises from a Lanham Act violation, statistical analysis reveals reduced uncertainty for trademark owners and other notable takeaways, but open questions remain, say attorneys at Covington

IP Hires: Calfee Halter, Greenspoon Marder, Chill Brands

IP Law 360

A four-person intellectual property team has joined Calfee Halter & Griswold LLP, and a former Mars Inc. general counsel has been appointed to international CBD company Chill Brands Group's board of directors. Here are the details on these and other notable hires