Technology & Marketing Law Blog

JULY 14, 2022

This is a troubling ruling on TOS amendments. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: I hope it’s not. * * *.

Contracts 108

Contracts Blogging Business Law 108

Technology & Marketing Law Blog

FEBRUARY 17, 2022

The court doesn’t cite the recent Copyright Review Board’s ruling on the copyrightability of emojis , where Apple counterproductively sought greater copyrightability of individual emoji depictions. Like this ruling, the CRB ruling indicated that any copyright protection for individual emoji depictions would be “thin.”

Copyright 136

Copyright Copying Blogging Intellectual Property 136

SpicyIP

FEBRUARY 27, 2024

Notably, during the 2012 copyright amendment, intriguing discussions emerged, such as this ghost Post questioning if Performance under the Copyright Act is confined to live performances (See also here ). Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. That’s all from my end. (By Well … not really!

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Patently-O

APRIL 28, 2022

Thus we get: New Matter Written Description : Any amendments made to the claims during prosecution must be supported by the originally filed specification. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). 282 (as amended by AIA 2011). Of these for 112(a) rejection types.

Inventor 104

Inventor Invention Art Litigation 104

LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Whether Sanderling’s alleged factual disputes precluded ruling on the motion to dismiss. Whether Sanderling’s proposed amendments to its complaint were futile.

Invention 52

Invention Patent Intellectual Property 52

Patently-O

AUGUST 5, 2022

Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. If someone wants to change the rules, the correct path is through legislation. Patent Law, because the U.S.

Invention 99

Invention Inventor Patent Law Patent 99

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

She sued the sheriff’s office for a declaratory judgment that it had violated her First Amendment rights. The court agrees, in an opinion filled with numerous gems and zingers supporting free speech, such as: “Even if short and often grammatically scurrilous, social media posts do not fall outside the ambit of the First Amendment.

Law 101

Law Social Media Government Contracts 101

LexBlog IP

NOVEMBER 3, 2023

The TTAB also addressed Applicant Panini’s Motion to Strike Opposer’s Notice of Reliance as failing to comply with the Board’s procedural rules and lacking foundation or authentication. The Board sua sponte struck RLP’s Notice of Reliance while also granting leave to file a proper amended notice.

Confidentiality 52

Confidentiality Registration Trademark Intellectual Property 52

The IPKat

NOVEMBER 24, 2023

The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. The UPC forecasted this issue and made provision in its Rules of Procedure. The UPC forecasted this issue and made provision in its Rules of Procedure. With the Unified Patent Court (UPC), a new dimension arrives.

Contracts 113

Contracts Journalism Litigation Publishing 113

The IPKat

JULY 23, 2023

Katfriend Alessandro Cerri covered the topic of whiskey and dog toys by delivering an article on the recent SCOTUS decision on First Amendment protection for expressive works. Copyright Eleonora Rosati analyzed the recent Advocate General Collins's Opinion in Seven.One , C-260/22, a referral on private copying.

Copying 52

Copying IP Business Registration 52

TorrentFreak

JANUARY 24, 2024

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. Reddit I, II and III A California federal court eventually agreed with this defense , concluding that Redditors’ First Amendment rights outweigh the interests of rightsholders.

IP 100

IP Copying Copyright 100

Olartemoure Blog

AUGUST 30, 2022

Although there are many issues to be discussed, a priority will certainly be the support of the appeal of rulings. When the discussion seemed settled, the pandemic arrived and, with it, Decree 806 of 2020, where the appeal of rulings in civil and family matters was partially modified in section 14.

Intellectual Property 105

Intellectual Property Law Designs Design 105

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023).

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. GuestKat Rose Hughes provided here insights with several KatFriends also offering their views on the matter.

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

The IP Law Blog

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. AJ Press was founded by two journalists who used to write for Politico.

Television 113

Television Trademark Law Registration 113

Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court would not prevent damages topics because Carjams intended to use a damages expert. Damages was still an appropriate topic for a corporate deposition.

Patent 40

Patent Patent Application Art Licensing 40

IIPRD

APRIL 8, 2024

This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions. This still stands as an extremely contentious topic. References: [link] What Are the Copyright Rules Around AI Art? Stability AI Ltd. ,

Art 52

Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. To fully understand the significance of this amendment, it is necessary to have a clear understanding of the policy landscape in this area of law.

Designs 73

Designs Design IP Art 73

Technology & Marketing Law Blog

OCTOBER 5, 2021

The court’s ruling raises interesting, but troubling, questions about any government actor’s ability to enable reader comments on social media. Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” The Manually Deleted Comment.

Social Media 106

Social Media Government Designs Design 106

The IPKat

JULY 17, 2023

The Court’s ruling Expressive work A key question for the Court to determine was whether or not Bad Spaniels is an “expressive work”. This was important because where a mark is determined to be an “expressive work”, US courts have historically applied the threshold test derived from the First Amendment in the Rogers v Grimaldi decision.

Fair Use 52

Fair Use Trademark Designs Design 52

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. Recently, as part of the amendment to the Copyright Act, the Austrian government intended to introduce a provision subjecting the new publisher's right to mandatory collective management. In 2021, there was a 14.4%

Blogging 52

Blogging IP Copying Copyright 52

Technology & Marketing Law Blog

JUNE 1, 2022

Appeals on the shadow docket are tricky because of the compressed time frame, the expedited briefing, the lack of oral argument, and the goal of overturning a lower court ruling (the 5th Circuit one-sentence order). NetChoice/CCIA could also try to force Florida’s hand by appealing the adverse transparency rulings). ” WHAT?

Social Media 122

Social Media Blogging Law Technology 122

SpicyIP

AUGUST 2, 2021

Topical Highlight. In Part I , I covered the suggested amendments to Section 3 of the Patents Act which concerns the exclusion of certain subject matters from patent protection. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. Other News from Around the World.

Reporting 116

Reporting Designs Design Copyright 116

IP and Legal Filings

FEBRUARY 2, 2024

” The Court ruled that the word “KRISHNA” has not gained secondary uniqueness and that it cannot be monopolised because it is a common word for a Hindu god linked with milk and milk products. The Court ruled that the appellants did not have a monopoly on utilising Krishna’s name in connection with dairy products.

Trademark Law 87

Trademark Law Trademark Law Service Mark 87

IP Tech Blog

JUNE 6, 2022

Under the current rules, gambling ads are prohibited only if they appeal ‘ particularly’ to under-18s, which CAP considers means if an ad is likely to appeal more to under-18s than to adults. In April, CAP announced a tightening of these rules , which will come into effect on 1 October 2022. We discuss these amended rules below.

Advertising 57

Advertising Advertising Social Media Publishing 57

LexBlog IP

APRIL 29, 2022

The surprise portion of the meeting was brought to you by the Telemarketing Sales Rule (TSR), which is a broad rule that regulates what telemarketers can and cannot do with respect to contacting consumers and also sets payment restrictions for the sale of goods and services made through telemarketing calls.

Business 52

Business Law Litigation Marketing 52

LexBlog IP

JUNE 6, 2022

Under the current rules, gambling ads are prohibited only if they appeal ‘ particularly’ to under-18s, which CAP considers means if an ad is likely to appeal more to under-18s than to adults. In April, CAP announced a tightening of these rules , which will come into effect on 1 October 2022. The New Rules.

Advertising 52

Advertising Advertising Social Media Publishing 52

Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

The IP Law Blog

JUNE 10, 2021

Previous attempts to pass a law addressing post mortem protection of rights of publicity failed due to concerns over the First Amendment. Marilyn Monroe LLC subsequently ruled that the Monroe Estate did not have a valid right of publicity claim. Monroe’s image by others, the Ninth Circuit Court of Appeals in Milton Green Archives v.

Privacy 85

Privacy Music Law Advertising 85

LexBlog IP

JUNE 21, 2023

Tommy Tuberville and Joe Manchin have drafted a bill that sheds light on the potential federal NIL rules. The issue of employment status for college athletes has become a highly debated topic, with California being at the forefront of the discussion. On the Senate side, Sens.

Law 40

Law Contracts Licensing Reporting 40

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. McGucken is appealing the ruling against him. Plaintiff discovered the use of his photos in articles covering the following topics: “FemSkin”. These three cases address fair use in this context.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Along with these rules, there are some other qualifying requirements.

Copyright 81

Copyright Blogging Intellectual Property Registration 81

LexBlog IP

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. AJ Press was founded by two journalists who used to write for Politico.

Television 52

Television Trademark Registration Government 52

Copyright Lately

SEPTEMBER 26, 2022

That order actually topped my list of the 5 Worst Copyright Decisions of 2020 because, by sending the case to a jury, the court effectively ruled that anyone with a tattoo is not in control of the uses to which his or her likeness is put. There’s a lot at stake. Take-Two had prior success with its de minimis defense in Solid Oak Sketches v.

Fair Use 85

Fair Use Licensing Ownership Copying 85

IP and Legal Filings

JANUARY 15, 2024

The act, which was passed to protect the rights of female employees and to ensure their physical and financial security during maternity, has been amended to take modern societal standards and economic factors into account. It built on the 1957 amendment. Employers who don’t offer maternity benefits risk fines and legal action.

Law 80

Law Government Publishing Business 80

IP Tech Blog

DECEMBER 3, 2021

Several platforms urgently need to change their game mechanics to comply with new rules. It is worth noting that this Guidance has not amended the Codes. So failure to follow the rules could even lead to the commission of a criminal offence. It is clear that in-game purchases are currently a hot topic of discussion.

Advertising 67

Advertising Advertising Publishing Reporting 67

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.

Intellectual Property 67

Intellectual Property Intellectual Property Law Social Media IP 67