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). Fortunately, a federal district judge preliminarily enjoined the AADC as unconstitutional. their website).

Designs 78

Designs Design Privacy Business 78

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? “OK, I know: that title really hits below the belt.

Copyright 128

Copyright Intellectual Property Business Licensing 128

SpicyIP

NOVEMBER 6, 2023

The failures during the COVID pandemic were multifaceted, involving inadequate global coordination, underfunded health systems, and challenges in implementing measures effectively. Moreover, the failures of the WTO to serve as a unifying body for a response to the COVID pandemic have been well documented on the blog recently (for eg here ).

IP 59

IP Intellectual Property Publishing Technology 59

43(B)log

JUNE 29, 2023

Martin Husovec would say it’s definitely not, but under © liability cases, the CJEU would ask whether a diligent operator has followed all necessary precautions and duties—will be tempting to say that failure to comply w/DSA=© liability. My apologies, but I’m extremely jetlagged and will not attribute well or capture a lot of nuance.

Law 52

Law Privacy Litigation Social Media 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

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element.

Invention 52

Invention Patent Application Art Patent 52

The IPKat

DECEMBER 26, 2022

In a judgment dated 17 June 2021, the court granted the plaintiffs' claim. After stating that Mrs R and Moulinsart had a valid interest in the action, the Court of Appeal confirmed the decision of the Tribunal Judiciaire on the originality of Tintin, the rocket and the titles of the comic strips.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

The TTABlog

JANUARY 24, 2022

The applicant's alternative Section 2(f) claim failed due in part to the same lack of exclusivity of use. Genericness may be thought of as a form of "failure-to-function" - ed. ]. The record shows that third-parties offered identical or nearly identical handbags for sale in the United States prior to Applicant's first use date."

Designs 52

Designs Design Registration Music 52

IP Tech Blog

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Several platforms urgently need to change their game mechanics to comply with new rules. Virtual currency is staple fodder in the world of gaming in order to purchase more “lifes”, items of assistance or time to complete a level.

Advertising 67

Advertising Advertising Publishing Reporting 67

43(B)log

APRIL 19, 2021

From the site: 2020-2021 TOPIC Students are invited to submit papers addressing a legal or public policy question relating to emerging and sustained challenges to legal and political structures created by online platforms, digital services, and other emerging technologies. COMPETITION DEADLINE The deadline for submissions is 11:59 p.m.

Technology 40

Technology Law Journalism Government 40

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

LexBlog IP

JANUARY 3, 2022

District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. § 1836 et seq. (“DTSA”), and asserted other related claims. In a recent decision from the U.S. Healthcare Res.

Branding 52

Branding Brands Branding Confidentiality 52

LexBlog IP

DECEMBER 3, 2021

Several platforms urgently need to change their game mechanics to comply with new rules. Virtual currency is staple fodder in the world of gaming in order to purchase more “lifes”, items of assistance or time to complete a level. It is worth noting that this Guidance has not amended the Codes.

Advertising 52

Advertising Advertising Publishing Government 52

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. Gets the market failure explanation for protecting parody and dissent, but the flipside is that joy and pleasure become commodities owned by IP proprietors.

IP 59

IP Marketing Marketing Patent 59

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. This is a troubling ruling on TOS amendments. It apparently requires clickthroughs to form TOS amendments, regardless of what the TOS specifies as the amendment process.

Contracts 107

Contracts Blogging Business Law 107

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”.

Social Media 89

Social Media Ownership Contracts Privacy 89

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context. McGucken v.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” By Guest Blogger Tyler Ochoa. Last week, the U.S. Flo & Eddie, Inc. Sirius XM Radio, Inc. ,

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

JANUARY 18, 2022

Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. Students: this post surfaces numerous potential paper topics. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. I had a trial this month, so I was delayed in my wrap up of noteworthy developments from November. Certainly not me. But the U.S. Court of Appeals for the Sixth Circuit just issued an opinion in Caudill Seed & Warehouse Co.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Michael Geist

SEPTEMBER 21, 2022

In fact, after Rodriguez left the CBC’s Vassy Kapelos visibly puzzled , he has said little about it. He has never given a speech on the bill in the House of Commons and the government successfully cut off debate after allocating just two hours to it.

Government 94

Government Journalism Advertising Advertising 94

SpicyIP

NOVEMBER 13, 2023

Division Bench of Delhi High Court: IP Suits No Longer to Automatically Be Listed Before Commercial Courts In a significant (over) ruling, Delhi High Court DB states that all IP suits don’t automatically lie before commercial courts. Anything we are missing out on? Please drop a comment and let us know. Overview of the S.

Trademark 59

Trademark Copyright IP Registration 59

LexBlog IP

SEPTEMBER 9, 2022

On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1.

Government 52

Government Intellectual Property Marketing Marketing 52

Copyright Lately

SEPTEMBER 26, 2022

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. And no, this one won’t be the second.).

Fair Use 86

Fair Use Licensing Ownership Copying 86

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. ChatGPT is an artificial intelligence (AI) model developed by OpenAI. In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). The district court dismissed plaintiff’s complaint for failure to state a claim. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Michael Geist

APRIL 6, 2022

Hours after the Canadian men’s soccer team officially qualified for the World Cup last month, Canadian Heritage Minister Pablo Rodriguez took to Facebook to celebrate the win. The Rodriguez post included a link to a La Presse article on the game (the same link I’ve just posted). Pablo Rodriguez Facebook post, [link].

Government 98

Government Business Journalism Marketing 98

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns.

Reporting 52

Reporting Privacy Advertising Advertising 52

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., back and spinal pain).

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. Failure to comply: right to rescind; damages, including on class basis and class actions in Canada are rising, especially Quebec and B.C. Joseph Lewczak: FTC v.

Advertising 40

Advertising Advertising Law Privacy 40

Kluwer Copyright Blog

FEBRUARY 22, 2022

This ambition, and the resulting huge body of work (over 850 studies), inspired us to think about new ways to interpret this empirical literature, and to offer a state-of-the-art overview of the evidence on how copyright works in society. Evidence is contested and in short supply.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. 1 Mylan’s Semglee ® , which had previously launched in August 31, 2020, 2 became the first interchangeable biosimilar on the United Stated market in November 2021. Biosimilar Regulatory Updates.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 31, 2022

Applying AI to electrocardiograms (ECGs) has resulted in a low-cost test that can be widely used to detect the presence of a weak heart pump, which can lead to heart failure if left untreated. 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

LexBlog IP

DECEMBER 26, 2023

There have been some court decisions on this precise topic, but the law is not completely settled. The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

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. Oracle software case. (See See my commentary on that case here.)

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. Background.

Licensing 52

Licensing Contracts Law Patent Law 52