Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 64

Social Media Advertising Advertising Publishing 64

The IPKat

AUGUST 4, 2021

In explaining what the ‘adverse effect’ carried by the sign at issue was, the defendant, China National Intellectual Property Administration (CNIPA),** argued that the sign could be easily associated with cannibals (as in phrase segmentation c) of the table above). The sign consists of three Chinese characters (shown below), i.e. Hanzi : ‘?

Intellectual Property 62

Intellectual Property IP Law Registration 62

Patently-O

FEBRUARY 24, 2022

Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled. The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Still, there are a number of important patent cases pending before the court.

Patent Law 95

Patent Law Law Patent Litigation 95

Kluwer Copyright Blog

FEBRUARY 28, 2023

Beograd (also defendants), offering subscriptions and customer service. For the AG this question on the interpretation of Article 7(2) of the Brussels I bis Regulation might not be admissible since the defendant is not located in the EU and, therefore, the question is not relevant to the outcome of the dispute in the present case.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

Patently-O

OCTOBER 5, 2021

Due date for Submission: October 15, 2021. Submit a comment: [link]. Read the original request for comments: [link]. Read the deadline extension documents: [link]. The USPTO is planning a report to Congress and the agency is hoping that these comments will serve as fundamental building blocks for the report. 6, 2019) (Vanda CVSG Brief).

Patent 102

Patent Intellectual Property Invention Inventor 102

Trading Secrets

DECEMBER 21, 2021

Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

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. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter, Inc. Taamneh , No.

Social Media 137

Social Media Law Fair Use Blogging 137

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion by 2025. [ii] FDA Regulation.

IP 52

IP Registration Trademark Branding 52

SpicyIP

JANUARY 9, 2023

With regard to this, she highlights, that this may result into a situation where the proprietor can sleep on its duties to renew the mark under the veil of infringement by others. Continuing with our annual tradition, we curated a list of the top IP developments in India. Do you think any other cases should’ve made their way into our list?

Trademark 105

Trademark IP Registration Reporting 105

Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. OpenAI GP, OpenAI Startup Fund I, OpenAI Startup Fund GP I, OpenAI Startup Fund Management (collectively, “OpenAI” or the “Defendants”). The UK approach focuses on guidance for specific sectors and risks.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

Technology & Marketing Law Blog

DECEMBER 26, 2023

28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. There is evidence Defendants’ conduct exceeded standard publication decisions. ” * Doe v.

Publishing 85

Publishing Law Marketing Marketing 85

SpicyIP

JULY 11, 2021

Topical Highlight. He holds that the PhD student’s unsubstantiated statement of intent to file a patent over the information contained in the thesis is not sufficient to outweigh a duty to disclose. IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division. Singh and Justice Sanjeev Narula. Thematic Highlight.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Technology & Marketing Law Blog

JANUARY 18, 2022

Some of the confusion is due to plaintiffs stretching FOSTA to reach tertiary defendants far removed from the victimization or reach facts (like republication of commercial pornography) that seem outside the statutory definitions. Students: this post surfaces numerous potential paper topics. Mindgeek defended on Section 230 grounds.

Blogging 119

Blogging Reporting Publishing Law 119

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. Unlike rehearing, Director review is not available for non-final decisions or institution decisions. 18, 2021).

Reporting 52

Reporting Art Invention Patent 52

Technology & Marketing Law Blog

OCTOBER 27, 2022

The mom claimed she sought to “hold Defendants directly liable for their own acts and omissions as designers, manufacturers, and sellers of a defective product.” The court responds: “the duty Anderson invokes directly implicates the manner in which Defendants have chosen to publish third-party content.

Publishing 118

Publishing Designs Design Blogging 118

Technology & Marketing Law Blog

MAY 5, 2024

The topic is a doctrinal morass because many details can affect the analysis. What topics does the account discuss? The Supreme Court’s Test The court unanimously holds: When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private.

Social Media 64

Social Media Government Designs Design 64

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] Introduction This lawsuit is one of the many lawsuits around the country brought by conservatives exorcising their persecution complex. Typically, these lawsuits are purely about partisanship. ” ICS Provider. .”

Marketing 111

Marketing Marketing Social Media Law 111

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

[This is a 6k+ word blog post that was joyless to write and most likely will be joyless to read.]. If you want a distillation of this decision, consider this line: “Far from justifying pre-enforcement facial invalidation, the Platforms’ obsession with terrorists and Nazis proves the opposite.” Background.

Social Media 137

Social Media Publishing Law Blogging 137

Technology & Marketing Law Blog

DECEMBER 1, 2022

The court summarizes: on January 6, 2021, Plaintiff directed tweets at Defendant, criticizing public remarks Defendant made leading up to, during, and after the storming of the United States Capitol that occurred on that day. This cannot be the right outcome. Another trip to the Supreme Court seems inevitable. Haulmark v.

Social Media 107

Social Media Government Designs Design 107