43(B)log

FEBRUARY 16, 2024

And here there is a very clear statement in the statute of that zone of interests, which most relevantly includes “to regulate commerce … by making actionable the deceptive and misleading use of marks in … commerce; …; to protect persons engaged in … commerce against unfair competition.” But what is TM use?

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., The crux of the test is therefore in step (3), which encapsulates the essence of the originality standard under EU copyright law.

Music 67

Music Copyright Derivative Work Ownership 67

LexBlog IP

AUGUST 31, 2021

In doing so, keep in mind the procedural posture and standard of appellate review here that can impact the extent to which the court’s decision may apply to other cases. Ericsson owns many patents considered essential to 2G, 3G and 4G standards (“standard essential patents” or SEPs). Background.

Licensing 52

Licensing Contracts Law Patent Law 52

Velocity of Content

MARCH 9, 2023

This is the second in a series of posts on the topic of Data Management. Here is a simple definition for data governance that I find useful: “Data governance is a multi-disciplinary approach to making and upholding standards that manage data at scale. But data governance has a preventative function as well as a corrective one.

Government 94

Government Business Copying Licensing 94

43(B)log

APRIL 12, 2024

It was clear to defendants that the boiler-room atmosphere put pressure on salespeople. “[A]dmissions The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample. Managers would threaten to fire those who failed to enroll enough students.

False Advertising 59

False Advertising Law Reporting Marketing 59

Technology & Marketing Law Blog

JANUARY 9, 2024

To get around the clear Section 230 barrier to those claims, the plaintiffs attempted the now-standard Lemmon v. This is a typical error by 1L students. ” OK, if the judge is going to disregard the extensive precedent on this topic, the judge surely has a clever new solution, right? So, where’s the analysis?

Publishing 75

Publishing Designs Design Law 75

Technology & Marketing Law Blog

APRIL 30, 2022

Twitter constructed a robust five-strike COVID-19 misinformation policy and, even if it applied those strikes in error, that alone would not show bad faith. Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. ” Contract Breach/Promissory Estoppel. .”

Social Media 106

Social Media Contracts Government Publishing 106

Technology & Marketing Law Blog

MAY 25, 2022

Though this is a major win for free speech online, the panel unfortunately adopted an overly lax legal standard for evaluating mandatory editorial transparency laws, so it lifted the injunction for some provisions. Some of these provisions may not survive on remand, however. “S.B.

Social Media 97

Social Media Law Blogging Publishing 97

Patently-O

NOVEMBER 11, 2022

The scope afforded to chemical genus claims under 35 USC § 112(a)’s enablement and written description requirements has been hot topic recently (at least in certain quarters). Amgen’s successful petition for certiorari relies heavily on Death , and its authors filed an amici curiae brief in support of Amgen’s petition. Christopher M.

Inventor 48

Inventor Invention Patent Reporting 48

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. The majority opinion made two major errors. In 2007, the Ninth Circuit in Perfect 10 v. The Minority Opinion. ” Implications.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

As for the two granted cases, in each, the Director homed in on purported legal errors in the Board’s analysis and ordered the panel to issue a new final written decision under the prevailing standard. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB.

Reporting 52

Reporting Art Invention Patent 52

Velocity of Content

MARCH 26, 2024

AI is the topic on everyone’s minds, and we know it brings tremendous potential to the life sciences industry. In short, learning the basics, setting clear goals, collaborating, and leveraging existing ontologies will give your life sciences company a strong start in using ontologies for drug discovery.

Technology 98

Technology Public Domain Copyright Blogging 98

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. In discussing the first factor, the Court said: The language of the statute makes clear that the commercial or nonprofit educational purpose of a work is only one element of the first factor enquiry into its purpose and character…. [If] In the first, Sony Corp. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

JUNE 21, 2022

I assume the bill wants to know how the service’s editorial policies are operationalized, but it doesn’t make that clear. As my Content Moderation Remedies paper showed, this topic is way more complicated than a binary remove/leave up dichotomy. ” What does “broader action” mean?

Social Media 120

Social Media Law Publishing Reporting 120

LexBlog IP

JANUARY 23, 2024

” That is, particularly when claiming a broad genus of antibodies, the specification cannot be a research assignment to engage in trial and error as to the recited claim scope. The USPTO is now committed to providing clarity on these topics in In re Xencor.

Invention 52

Invention Art Law Technology 52

Technology & Marketing Law Blog

DECEMBER 30, 2021

Far from requiring nondiscrimination, it expressly favors certain content and speakers and exempts them from the policies and standards that apply to other users. ” [To be clear, newspaper decisions are not more transparent to readers. the problems with the size-based distinctions among Internet services (see this article ).

Social Media 111

Social Media Law Privacy Blogging 111

LexBlog IP

OCTOBER 31, 2022

Such systems should pracitce mitigation of unsafe outcomes including those beyond the intended use and adherence to domain-specific standards. Alternatively, new laws could be created to specifically address the concerns or topics identified by the AI Bill of Rights. Applying the Blueprint for an AI Bill of Rights.

Privacy 52

Privacy Designs Design Government 52

Technology & Marketing Law Blog

JUNE 14, 2022

2) About 1 in 6 Stories Made an Error About Section 230. Honestly, the media’s error rate about Section 230 felt far higher than 1-in-6. For more on the topic of newspapers correcting their Section 230 coverage, see this post. 3) Reporters Made Unforced Errors About Section 230.

Reporting 117

Reporting Journalism Law Blogging 117