Remove topics abusiveness-standard
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The SAD Scheme as an Institutional Failure

Technology & Marketing Law Blog

This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces. Alibaba N.D. Emoji GmbH v.

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Around the IP Blogs

The IPKat

The EUIPO, through its Observatory, has published a new discussion paper presenting best practices for electronic payment service providers to prevent their services from being abused by infringers. The annual review covers topics such as the definition of a work, authorship and moral rights. WTR has written an article about it!

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PTAB Updates and Expands the Director Review Process and Offers Transparency in Ex parte Appeals

LexBlog IP

To minimize the potential avalanche of such requests, the Office explains the limited instances where the Director may review institution and final written decisions: (i) an abuse of discretion or (ii) important issues of law or policy. And while the Board may get it wrong sometimes, its final decisions are appealable to the Federal Circuit.

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Who Spilled the (green) Beans? 11th Circuit Unseals Private Emails in Organ Transplant Dispute

LexBlog IP

Here, the 11 th Circuit ultimately found that the emails involve policymaking on a topic of genuine public concern, and do not contain proprietary information or trade secrets that require protection. The Court further explained that UNOS offered “no particularly compelling reasons” to keep the documents sealed in the first place.

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Commission Calls for Stakeholder Views on Data Access Mechanism under DSA

LexBlog IP

The Commission aims to design an easy, practical and clear process for data access which will protect the rights and interests of all parties involved and adequately safeguard against abuse. If you would like further information on this topic, please contact A&L Goodbody’s Commercial & Technology team.

Designs 52
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Is disgorgement the new normal in Lanham Act cases?

43(B)log

Plaintiff argued that it should have been able to use the testimony of its principal, but even during deposition, plaintiff’s counsel stated that he “was not [there] to talk about causation and damages” and objected to questions directed to him about damages, declaring that this topic would be exclusively “within the scope of expert opinion.”

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Intellectual Property Rights And Competition Laws : A Study Of Interface

IP and Legal Filings

Competition Law on the other hand, has always regarded by market distortion, disciplining anti – competitive practices, preventing monopoly and abuse of monopoly, including optimum allocation of resources and benefiting consumer with fair prices, wider choices and better quantities.