The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl.

Fair Use 52

Fair Use Trademark Designs Design 52

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. Nevertheless, we have seen many seemingly-smart people, and politicians, advocate for government censorship of online misinformation about COVID or other topics.

Law 100

Law Social Media Government Contracts 100

LexBlog IP

AUGUST 31, 2021

Ericsson then filed a motion on its declaratory judgment action, which the district court granted in ruling “that, in its dealings with HTC as presented in this case, Ericsson complied with its FRAND assurance to HTC, as set forth” in Ericsson’s licensing declarations to ETSI.

Licensing 52

Licensing Contracts Law Patent Law 52

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. AWF then sued Goldsmith in the Southern District of New York for a declaratory judgment of noninfringement. §107, and granted summary judgment for AWF on its defense of fair use. Andy Warhol.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Technology & Marketing Law Blog

JUNE 20, 2023

or LGL), seeking a declaratory judgment of non-infringement and/or fair use for the entire Prince Series. Barton Beebe’s empirical work on this topic. Goldsmith moved for summary judgment, seeking a ruling that all of the 16 works in the Prince Series infringed her copyright. In the first, Sony Corp. of America v.

Fair Use 94

Fair Use Derivative Work Blogging Licensing 94

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., Declaratory judgment. adalimumab). Alvotech hf. (1:21-cv-02899).

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Unlike newspapers, the Platforms exercise virtually no editorial control or judgment. And then virtually everything else is just posted to the Platform with zero editorial control or judgment… ). The Platforms use algorithms to screen out certain obscene and spam-related content. ” [Conduits. .” ” Ugh.

Social Media 136

Social Media Publishing Law Blogging 136