topics burden-of-persuasion 
43(B)log
SEPTEMBER 6, 2021
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.”
43(B)log
FEBRUARY 16, 2024
Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.
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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. Today was the 2023 Super Bowl of Internet Law at the U.S. Supreme Court [FN]. SCOTUS issued two eagerly awaited decisions in the Twitter v. Taamneh and Gonzalez v. Twitter, Inc.
Technology & Marketing Law Blog
JUNE 20, 2023
Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No. 21-869 (May 18, 2023).
Technology & Marketing Law Blog
JUNE 21, 2022
[Note: this is the first of what may become a 3 or 4 part series about anti-Internet bills moving through the California legislature.]. This post analyzes California AB 587, self-described as “Content Moderation Requirements for Internet Terms of Service.” ” I believe the bill will get a legislative hearing later this month.
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