The IPKat

SEPTEMBER 21, 2022

Rothschild and the case implications for first amendment protection and artistic expression regarding the furry Metabirkins to be of particular interest. Returning to the trendy IP topic de-jour, the panel discussed the copyright aspects of NFTs and their application to decades old commercial agreements in Miramax, LLC v.

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The IPKat

OCTOBER 31, 2021

Events NYU Law Forum - Memes on Memes and the New Creativity On 3 November 2021, NYU Law Forum - Memes on Memes and the New Creativity will be held online at 5:45PM (CET) for a discussion on the First Amendment, intellectual property, and art law to place a phenomenon of our digital era into a broader legal, historical, and cultural context.

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TorrentFreak

APRIL 24, 2023

Last October a huge coalition of rightsholders called on the EC to introduce new law that would compel intermediaries to take pirate streams offline within minutes of a complaint. Rightsholders usually welcome support at the EU level with open arms, but in this case it only increased frustrations.

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SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! The plaintiff submitted that the scope of the amended claims before the EPO and the claims submitted to the respondent were similar but they were not accepted by the respondent.

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Technology & Marketing Law Blog

SEPTEMBER 19, 2021

That doesn’t mean the editorial discretion was exercised arbitrarily or discriminatorily (and it would be protected by the First Amendment even if it was). Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading. Florida’s answer to the complaint.

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IIPRD

APRIL 13, 2023

In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. This indicates that the police are not required to approach and wait for instructions from a judicial magistrate before starting an inquiry after receiving a complaint. here, here and here).

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43(B)log

JULY 20, 2023

The primary focus of his practice is the treatment of neuromusculoskeletal complaints and fatigue ; he does not treat disease in his chiropractic practice, and there was no record of any experience treating infectious diseases or covid. First, Nepute didn’t offer a First Amendment defense in the answer and couldn’t do so now.

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IP and Legal Filings

MARCH 14, 2022

Similar to the legislation in the United Kingdom, an attempt was made in 1994 through an amendment to the Indian Copyright Act to establish such a term and restrict the duration of such Moral Rights in India to exist only till the subsistence of the copyright itself.

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SpicyIP

AUGUST 15, 2021

Topical Highlight. She analyses the Report’s recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Editors of The Frontier Manipur, an independent news website, claimed that a bogus copyright complaint was being used to target their work.

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Technology & Marketing Law Blog

FEBRUARY 15, 2023

The “has two main requirements: (1) a mechanism for social media users to file complaints about instances of “hateful conduct” and (2) disclosure of the social media network’s policy for how it will respond to any such complaints.” That’s why I think the First Amendment, not Section 230, is the real limit.

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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 court helpfully summarized its outcomes: Do Social Media Make Editorial Judgments Protected by the First Amendment? The panel answers that question decisively yes. “S.B.

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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.

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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. 21–1333 (SCOTUS May 18, 2023 [A reminder that I filed an amicus brief in this case in support of Google, explaining how Section 230 intersects with the First Amendment.]

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Technology & Marketing Law Blog

DECEMBER 26, 2023

Also, “The complaint does not allege specific facts to support an inference that Facebook has assumed a traditional public function, that the state coerced Facebook’s conduct, or that Facebook and the state are interdependent.” Nothing in the amended complaint overcomes that hurdle. Related topics * Patel v.

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Technology & Marketing Law Blog

APRIL 30, 2022

Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. First Amendment. The complaint. The First Amendment Protects Twitter’s Fact-Checking and Account Suspension Decisions–O’Handley v. KinderStart Lawsuit Dismissed (With Leave to Amend).

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The district court dismissed plaintiff’s complaint for failure to state a claim. Plaintiff’s complaint was “sufficient to ‘raise a right to relief above the speculative level on the assumption that the allegations in the complaint are true.’”

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LexBlog IP

DECEMBER 1, 2022

The changes also provide for expanded prohibitions on the use and disclosure of Part 2 records in certain legal proceedings, as well as establishing a process for patients to make complaints for Part 2 violations. Comments are being accepted for 60 days from publication. This post is also being shared on our Health Law Diagnosis blog.

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SpicyIP

JULY 19, 2021

Topical Highlight. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019.

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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]. Both suits were filed before the 2012 amendment to the Copyright Act. Patents (Amendment) Rules, 2021. c) Top 10 Other IP Developments. H Lundbeck A/S v.

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Kluwer Copyright Blog

NOVEMBER 29, 2021

The Hungarian Ministry of Justice and the Hungarian Intellectual Property Office, based on more than 100 responses, published an amended draft bill at the end of July 2020. However, the Italian legislator also opted for a statutory “ex ante blocking”, requiring OCSSPs to ensure the unavailability of content upon which a complaint is pending.

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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.

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Technology & Marketing Law Blog

JANUARY 13, 2022

The complaint alleges that a malefactor John Doe manipulated her into disrobing so he could make screengrabs. The Second Amended Complaint recounts that C.H.’s I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. ” Third-Party Content. ” Cite to Doe v. 10, 2022).

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43(B)log

NOVEMBER 9, 2023

It wasn’t going to evaluate the issue sua sponte, but it suggested that plaintiffs be prepared to address the Dastar issues if they amended the complaint. You may be wondering: what about Dastar and Sybersound ’s extension of that reasoning, which is binding on this court? So is the court!

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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. Reddit, Inc. The Ninth Circuit has long recognized that this immunity protection is to be “robust.”.

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Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. has “an editorial process for error correction and clarification, including a transparent process for reporting errors or complaints to the publication.” For more on this topic, see Ashutosh A.

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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. Reddit, Inc. §1591].” In response, the U.S.

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Advertising Advertising Litigation Law 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. This could impact the common practice of pursuing claim amendments before an examiner concurrently with ongoing post-grant proceedings. Amending Claims. Institution Reviewability. Discretionary Denial.

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Technology & Marketing Law Blog

NOVEMBER 1, 2021

He identifies two ways Section 230 can be improved: (1) Internet services should be required to honor court orders to remove content [Note: I’ve written 1k words why I don’t agree with that in this post (see point 4); and due process, the First Amendment, and the FRCP pertain this issue in addition to Section 230.] (2)

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Journalism Government Technology Privacy 101

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. The complaint enumerates specific videos of the plaintiffs. The complaint sufficiently alleges that “Defendants’ conduct rises to a level in which they ‘specify or prompt the type of content,’ in this case child pornography, ‘to be submitted.'”

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Type of Complaint. BPCIA Cases Filed in 2021. Filing Date.

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Trading Secrets

DECEMBER 29, 2022

Texas enacted its own trade secret statute—the Texas Uniform Trade Secrets Act—in 2013, modeled on the Uniform Trade Secrets Act (UTSA), and amended in 2017 to align more closely to the federal Defend Trade Secrets Act (DTSA) and controlling case law. Plus they provided predictions for what to watch out for in 2022.

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Technology & Marketing Law Blog

DECEMBER 30, 2021

As you’ll see, this post spends most of its words critiquing the Knight First Amendment Institute brief, which claims to oppose the Florida law but unintentionally (?) “editors have a First Amendment right to make case-by-case determinations as to what speech they wish to display and what speech they wish to exclude.

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Social Media Law Privacy Blogging 111

LexBlog IP

DECEMBER 29, 2022

Texas enacted its own trade secret statute—the Texas Uniform Trade Secrets Act—in 2013, modeled on the Uniform Trade Secrets Act (UTSA), and amended in 2017 to align more closely to the federal Defend Trade Secrets Act (DTSA) and controlling case law. Plus they provided predictions for what to watch out for in 2022.

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Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

AUGUST 12, 2022

.” To avoid discipline, Hernandez sued the department for First Amendment violations. For example, the fourth meme references government spending priorities, and that’s a major social topic. However, I cannot get over how Hernandez engaged in these topics in a blatantly anti-Muslim fashion. Greenville.

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Social Media Privacy Blogging Law 52

Technology & Marketing Law Blog

SEPTEMBER 15, 2023

Clearly, this topic is rapidly evolving, and it will almost certainly end up on the Supreme Court’s main docket (not just the shadow docket) soon.] * * * Twitter suspended users or deboosted their tweets based on its COVID misinformation policy. My prior blog post on the district court ruling.

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Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] Undeterred, the plaintiffs refiled an amended complaint a couple of weeks ago. Just a reminder that the Federal Election Commission also rejected the RNC’s complaint about Gmail filtering ).

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Technology & Marketing Law Blog

SEPTEMBER 21, 2022

It’s Conlaw 101 that the First Amendment protections for free speech and free press only restrict the actions of state actors, not private actors. “the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason.

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