Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. billion, with an expected increase to $29.7 billion by 2025. [ii] FDA Regulation.

IP 52

IP Registration Trademark Branding 52

43(B)log

FEBRUARY 24, 2021

New bill: regulating online programmers like Netflix, though UGC will be excluded (but might be included if commissioned for or developed by the service). Twitter reviews for Sephora where consumers were demanding money for allegedly expired products and saying they couldn’t get refunds from Sephora. Reviews: Vitamins Online v.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling. The Supreme Court in Van Buren endorsed this approach.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

TorrentFreak

APRIL 14, 2024

If the vision for the creation of the web included a day one feature that could restrict access to content, people working on their own specialist topics, catering to their own niche audiences, would’ve happily pressed the button. Yet when it comes to paying to read news, a majority suddenly get a little offended, annoyed even.

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Publishing Copying Marketing Marketing 107

Kluwer Copyright Blog

OCTOBER 2, 2023

CJEU judgments and AG Opinions Ocilion, CJEU, C-426/21 In July, the CJEU delivered its judgment in the Ocilion case, which related to the right of communication to the public and the private copying exception. Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law!

Copyright Law 75

Copyright Law Law Copyright Copying 75

Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. I hope it was worth the wait.] We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Of course, there will be an appeal, so the Internet’s fate remains unsettled.

Designs 78

Designs Design Privacy Business 78

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.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Technology & Marketing Law Blog

MAY 5, 2022

My points relate only loosely to “dark patterns,” but there was no better place for my remarks in the hearing’s initial taxonomy of topics. I understand the topic taxonomy reflected what the agency wanted to hear about, but it also inhibited participation by leaving no identifiable space for other issues that constituents want to raise.

Privacy 87

Privacy Blogging Law Business 87

Technology & Marketing Law Blog

MAY 25, 2022

Unless/until it gets overridden by an en banc ruling or the Supreme Court, it sends a powerful cautionary message to thousands of legislators drafting anti-Big Tech bills to question the legitimacy of their regulatory efforts. Attorney General (a/k/a NetChoice v. Some of these provisions may not survive on remand, however.

Social Media 97

Social Media Law Blogging Publishing 97

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. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

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

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. 15 USC § 45(2).

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

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.]. ” I believe the bill will get a legislative hearing later this month. I’m not sure what the June 6 draft’s redlines compare to–maybe the bill as introduced?

Social Media 120

Social Media Law Publishing Reporting 120

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Introduction. 2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 31, 2022

The fields of life sciences and healthcare generate vast quantities of data, e.g., “big data,” which can come from various sources, including hospitals, doctors, patients, caregivers, and researchers. Artificial Intelligence (AI), in particular, machine learning (ML), thrives on big data for training accurate AI models. population.

Intellectual Property 52

Intellectual Property IP Technology Privacy 52

Trading Secrets

JANUARY 12, 2023

What little enforcement experience the agency has with employee non-compete provisions is very recent (within the last week) and fails to demonstrate harm to consumers and competition. Not surprisingly, the NPRM has sparked a surge of commentary in the legal and business communities and immediately courted controversy. 15 U.S.C. §

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

JANUARY 12, 2023

What little enforcement experience the agency has with employee non-compete provisions is very recent (within the last week) and fails to demonstrate harm to consumers and competition. Not surprisingly, the NPRM has sparked a surge of commentary in the legal and business communities and immediately courted controversy. 15 U.S.C. §

Contracts 52

Contracts Law Government Reporting 52

Trading Secrets

JANUARY 12, 2023

What little enforcement experience the agency has with employee non-compete provisions is very recent (within the last week) and fails to demonstrate harm to consumers and competition. Not surprisingly, the NPRM has sparked a surge of commentary in the legal and business communities and immediately courted controversy. 15 U.S.C. §

Contracts 52

Contracts Law Government Reporting 52

Technology & Marketing Law Blog

DECEMBER 30, 2021

As you recall, earlier this year Florida passed SB 7072, a brazenly censorial #MAGA bill. The district court enjoined the law , and Florida appealed to the 11th Circuit. In my last post , I recapped Florida’s appeal brief and the supporting amicus briefs. ends up helping Florida. Appellees’ Brief.

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Social Media Law Privacy Blogging 111

Technology & Marketing Law Blog

MAY 9, 2023

We don’t want privacy experts making policy decisions about topics outside their swimlanes. What does “privacy” mean? It’s a simple question that lacks a single answer, even from privacy experts. However, this taxonomical approach to defining “privacy” has no natural boundary.

Privacy 101

Privacy Law Designs Design 101

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

” The bills stylized Internet services as the titular “censors” that needed curbing. Thus, the bills unintentionally adopted accurate titles, and they self-admitted their unconstitutionality. [This is a 6k+ word blog post that was joyless to write and most likely will be joyless to read.]. Background.

Social Media 137

Social Media Publishing Law Blogging 137

Technology & Marketing Law Blog

NOVEMBER 8, 2021

Numerous federal bills have proposed mandatory transparency obligations, such as the PACT Act. Yesterday I presented at UC Hastings’ Pound Civil Justice Institute on my forthcoming paper that questions the constitutionality of mandatory disclosure obligations imposed on Internet services. ” Washington Post v.

Government 118

Government Publishing Privacy Reporting 118

Technology & Marketing Law Blog

MAY 19, 2023

This case involves a roommate matching service that allegedly accepted unverified listings but advertised that listings were verified, plus it allegedly purchased fake reviews to increase consumer demand. A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. It does not. ” __ FTC v.

Social Media 126

Social Media Advertising Advertising Designs 126