Technology & Marketing Law Blog

MAY 11, 2022

For example, could Twitter show a minor only tweets from the accounts that the minor affirmatively follows, or would Twitter have to show the minor all content from all sources? It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.”

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Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process. I hope it’s not. * * *. The Court Opinion.

Contracts 107

Contracts Blogging Business Law 107

SpicyIP

DECEMBER 15, 2023

In Europe, the Court of Justice of the European Union (CJEU) has affirmed multiple times, notably in its significant Infopaq ruling ( C-5/08 Infopaq International A/S v Danske Dagbaldes Forening ), that copyright is applicable exclusively to original creations. Helena Vasconcelos (et.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

IPilogue

JANUARY 14, 2022

Trademark owners may now file requests to expedite their examination where the registration of their mark is necessary for special circumstances such as if a Canadian court action involving the mark is expected or underway or if the goods or services are aimed at preventing, diagnosing, treating, or curing COVID-19.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

AUGUST 28, 2023

The rejection was appealed to the PTAB, which affirmed the examiner. On appeal, the Federal Circuit affirmed, citing the Supreme Court’s precedent regarding enablement in the recent Amgen Inc. This topic was recently previewed in Realtime Data v. § 112(a). ” Id. ” Id. at *3 (citations omitted). ” Id.

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Invention Patent Application Art Patent 52

Technology & Marketing Law Blog

AUGUST 21, 2023

I wonder again: what evidence could plaintiffs have marshaled to show actionable discriminatory content moderation? That topic is expressly at issue in the FLA and TX social media censorship cases). To be clear, I favor high evidentiary barriers to claims of discriminatory content moderation.

Contracts 84

Contracts Social Media Blogging Law 84

IP Tech Blog

DECEMBER 3, 2021

the call to action is that the consumer should spend their hard-earned real-world cash to buy tokens to use in the game). In 2017 , the Gambling Commission highlighted that, properly structured, loot boxes did not constitute gambling under current UK legislation, a position they affirmed in 2019, as reported by the BBC.

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Advertising Advertising Publishing Reporting 67

Technology & Marketing Law Blog

JULY 3, 2021

Amazon’s possession of the items doesn’t change the analysis; “none of Amazon’s upstream actions—such as web hosting, advertising, marketing, warehousing, payment processing, and shipping—constituted a sale under Texas law.” ” Unfortunately, the law on this topic has become anything but predictable or certain.

Blogging 66

Blogging Marketing Marketing Law 66

LexBlog IP

DECEMBER 3, 2021

the call to action is that the consumer should spend their hard-earned real-world cash to buy tokens to use in the game). In 2017 , the Gambling Commission highlighted that, properly structured, loot boxes did not constitute gambling under current UK legislation, a position they affirmed in 2019, as reported by the BBC.

Advertising 52

Advertising Advertising Publishing Government 52

SpicyIP

JULY 5, 2021

Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd. July 2, 2021].

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Patently-O

FEBRUARY 24, 2022

The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. The trial court award was affirmed on appeal. The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. 2022)(forthcoming). Ikorongo Texas LLC, v.

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Patent Law Law Patent Litigation 95

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Stuart , Civil Action No. Lastly, the court stated that it could not conclude “with any confidence that the plaintiffs would have a viable avenue of relief in China were the Court to dismiss this action.” In Oakwood Lab’ys LLC v.

Law 59

Law Confidentiality Designs Design 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] The ITC can be utilized for other causes of action in addition to patent infringement, including trade secret misappropriation.

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Litigation Cease and Desist Patent Infringement Intellectual Property 52

Technology & Marketing Law Blog

MAY 2, 2022

They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. The court says companies who make their data publicly available are not without recourse. Comments from Kieran McCarthy.

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Cease and Desist Contracts Privacy Business 110

LexBlog IP

AUGUST 31, 2021

Ericsson then filed a motion on its declaratory judgment action, which the district court granted in ruling “that, in its dealings with HTC as presented in this case, Ericsson complied with its FRAND assurance to HTC, as set forth” in Ericsson’s licensing declarations to ETSI.

Licensing 52

Licensing Contracts Law Patent Law 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

” The High Court makes it clear that “innocent dissemination” is an affirmative defense which does not negate the publication element. Having taken action to secure the commercial benefit of the Facebook functionality, the appellants bear the legal consequences.

Publishing 97

Publishing Social Media Blogging Law 97

IPilogue

DECEMBER 8, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Court of Appeals for the Fifth Circuit affirmed that Ericsson’s 4G SEPs complied with its contractual commitment to FRAND terms. As part of the course requirements, students were asked to write a blog on a topic of their choice.

Licensing 106

Licensing Patent Intellectual Property Law Litigation 106

Technology & Marketing Law Blog

AUGUST 30, 2021

This litigation was a residual action (commenced in 2013) that concerned public performances that occurred before the Classics Protection and Access Act was enacted. Hence, the only money directly at stake in the residual action was royalties for past digital performances of sound recordings under California law. 3d 325 (S.D.N.Y.

Blogging 83

Blogging Copyright Settlement Music 83

Velocity of Content

DECEMBER 6, 2023

On the assumption that readers might be interested in this topic and less interested in reviewing all the responses, I have pasted below a selection of questions and answers from Copyright Clearance Center’s (CCC’s) own response. With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages. 529 F.Supp.3d

Copyright 98

Copyright Fair Use Licensing Copying 98

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. Nor is there reason to think that defendants selected or took any action at all with respect to ISIS’ content (except, perhaps, blocking some of it).

Social Media 137

Social Media Law Fair Use Blogging 137

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

The IP Law Blog

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. Thus, the Ninth Circuit affirmed the dismissal of the claims by the district court. Reddit, Inc.

Law 96

Law Advertising Advertising Litigation 96

LexBlog IP

NOVEMBER 1, 2023

In particular, it emphasizes the importance of adopting a risk-based approach to implementation of certain actions. The Code of Conduct is arranged around the Guiding Principles, and aims to promote safe, secure, and trustworthy AI. Context On May 19, 2023, the G7 Leaders convened in Hiroshima for their annual Summit. For example, in the U.S.,

Publishing 52

Publishing Government Intellectual Property Technology 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

In cases where Director review was denied, the published decision took the form of a general order, bereft of substantive analysis, and resembled a Federal Circuit Rule 36 affirmance. 16 and taking no further actions with respect to the wire transfer or petition filing after Dec. 312(a) and 37 C.F.R. 42.103(a)?” 16, 2020. [4]

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. ” Thus, the Ninth Circuit affirmed the dismissal of the claims by the district court.

Advertising 52

Advertising Advertising Litigation Law 52

LexBlog IP

NOVEMBER 11, 2022

Court of Appeals for the Third Circuit issued yet another opinion taking a narrow approach to a trade secrets claim, affirming the trial court’s decision to deny an injunction against a group of employees. Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

LexBlog IP

JANUARY 13, 2023

This past year also saw several high-profile actions against major cultural institutions. 19] As part of that policy, the Smithsonian affirms that all items in its extensive collections must have been acquired “legally,” but goes beyond that to consider “current ethical practice and principles.” [20] 10] The New York D.A. Institutions.

Art 52

Art Reporting Blogging Government 52

LexBlog IP

DECEMBER 15, 2022

In the culmination of a nearly-decade long dispute, the Sixth Circuit affirmed the verdict and several rulings by the district court about the viability of trade secrets arising from the collective research for those broccoli seeds. And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Finally, the Plan summarizes various administrative tools HHS can use to promote competition and reduce drug prices, including “[t]esting models providing additional cost-sharing support to Medicare Part D Low-Income Subsidy Beneficiaries for using biosimilars and generics” and continuing to implement FDA’s Biosimilars Action Plan released in 2018.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52

JIPL Online

FEBRUARY 25, 2021

On appeal, the Second Circuit agreed with the district court and affirmed the grant of summary judgment in favor of Roberts because Jackson’s state right-of-publicity claim was preempted by federal copyright law. [21] 19] Topic: Right of Publicity , International Trademark Association, [link]. 22, 2021). [2] 11, 2020), [link]. [3]

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Music Ownership Copyright Law Contracts 98

Technology & Marketing Law Blog

JULY 28, 2022

In a thorough, thoughtful, and well-constructed opinion, the Ninth Circuit affirms, saying “When state actors enter that virtual world and invoke their government status to create a forum for such expression, the First Amendment enters with them.” State Action. ” Overview. Ziegenhorn.

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Social Media Government Technology Law 87

Technology & Marketing Law Blog

DECEMBER 1, 2022

The only question here is whether federal courts are authorized to legally forbid one from doing so in these circumstances…I conclude they are not… Plaintiff’s claims are barred by sovereign immunity and for lack of a judicially cognizable cause of action.

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Social Media Government Designs Design 107