Likelihood of Confusion

DECEMBER 18, 2021

David Bernstein weighs in on an issue, not irrelevant to this blog (where the First Amendment is a topic), I blogged about on Dean’s World a few weeks ago (I. The post One nation, under gods appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 52

Blogging 52

LexBlog IP

AUGUST 14, 2023

CnaM must designate VSPSs as a category of relevant online services under Section 139G of the Broadcasting Act 2009 as amended by the Online Safety and Media Regulation Act 2022 ( OSMR ). This designation is a necessary first step in ensuring that VSPSs comply with online safety codes which will be developed and enforced by CnaM.

Designs 52

Designs Design Publishing Blogging 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. To the contrary, they are exactly what the First Amendment seeks to protect.” To the contrary, they are exactly what the First Amendment seeks to protect.”

Law 100

Law Social Media Government Contracts 100

TorrentFreak

JANUARY 24, 2024

Early last year, a group of filmmakers obtained a subpoena, requesting Reddit to reveal the identities of users who commented on piracy-related topics. Reddit I, II and III A California federal court eventually agreed with this defense , concluding that Redditors’ First Amendment rights outweigh the interests of rightsholders.

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IP Copying Copyright 99

Technology & Marketing Law Blog

APRIL 11, 2023

While I have written Section 230 explainers before ( this is my flagship ), this piece is broader because it surveys the First Amendment in addition to 230 and other topics. So enjoy this explainer now, while it still reflects prevailing law, and before it turns into a historical snapshot of a less censorial era.

Blogging 80

Blogging Government Law Publishing 80

SpicyIP

SEPTEMBER 11, 2023

The story starts when the first Mashelkar report (which was later retracted) was alleged of plagiarizing a part of a commissioned study by Prof. He wrote detailed posts on this topic later here and here. Well … first thing first. Basheer’s contextualization and Prashant’s clarification on the report.)

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IP Reporting Plagiarism Government 105

SpicyIP

FEBRUARY 27, 2024

Notably, during the 2012 copyright amendment, intriguing discussions emerged, such as this ghost Post questioning if Performance under the Copyright Act is confined to live performances (See also here ). Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. That’s all from my end. (By Well … not really!

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” “While not entirely on topic, this comment also abided by the page’s terms and conditions.” First, the choice is overbroad. ” The Block on Commenting.

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Social Media Government Designs Design 105

Technology & Marketing Law Blog

JULY 14, 2022

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. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: I hope it’s not. * * *.

Contracts 107

Contracts Blogging Business Law 107

The IPKat

SEPTEMBER 12, 2021

In this series, the blog's authors offer answers to 21 topical copyright questions for the 21st century. It reviews the basic issues on the topic, then elaborates on the importance of performers’ rights for creative industries and the main debates and developments in the area. Last week’s post is dedicated to performers’ rights.

Blogging 67

Blogging IP Publishing Copyright 67

The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). One current example is the speech-protective test first articulated by the Second Circuit in Rogers v.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

Technology & Marketing Law Blog

DECEMBER 31, 2021

Twitter moved to quash the subpoena, essentially trying to require the court to conduct the typical First Amendment review that applies to non-512(h) unmasking subpoenas. Normally, if Twitter wanted to establish favorable legal precedent on a topic like 512(h), it would pick sympathetic facts and a cooperative user.

Fair Use 109

Fair Use Blogging Marketing Marketing 109

Technology & Marketing Law Blog

FEBRUARY 17, 2022

The court doesn’t use the terms “merger” or “scenes a faire,” but those doctrines underlie the first paragraph. The court gives the plaintiffs a chance to amend their complaint but says it’s “skeptical” they can plead a successful case here. Copyright Office.

Copyright 135

Copyright Copying Blogging Intellectual Property 135

The IPKat

JULY 23, 2023

Katfriend Alessandro Cerri covered the topic of whiskey and dog toys by delivering an article on the recent SCOTUS decision on First Amendment protection for expressive works.

Copying 52

Copying IP Business Registration 52

Technology & Marketing Law Blog

JANUARY 2, 2023

24, 2022): Based on First Amendment jurisprudence, the hosting, content, and title of Plaintiffs’ Facebook page are protected activities under the First Amendment… The content of the page included discussions about issues relating to the District. Los Lunas Schools Board of Education, 2022 WL 14008397 (D.N.M.

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Trademark Social Media Registering Trademarks Intellectual Property 83

The IPKat

JULY 17, 2023

This was important because where a mark is determined to be an “expressive work”, US courts have historically applied the threshold test derived from the First Amendment in the Rogers v Grimaldi decision. The Rogers test requires, in the case of “expressive works”, the dismissal of an infringement claim at the outset.

Fair Use 52

Fair Use Trademark Designs Design 52

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. Submissions must be made in writing via email or by post to VSPSdesignation@cnam.ie

Designs 52

Designs Design Advertising Advertising 52

The IP Law Blog

FEBRUARY 1, 2024

The question in that case was whether the creator of an expressive work, a work that enjoys First Amendment protection, could be liable under the Lanham Act and state right of publicity laws for using a celebrity’s name in the title of that expressive work. AJ Press was founded by two journalists who used to write for Politico.

Television 113

Television Trademark Law Registration 113

Kluwer Copyright Blog

FEBRUARY 8, 2024

One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. To fully understand the significance of this amendment, it is necessary to have a clear understanding of the policy landscape in this area of law.

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Designs Design IP Art 73

Olartemoure Blog

AUGUST 30, 2022

It will be the first face-to-face congress after 2 years of virtuality, and it coincides with the 10-year celebration of the the issuance of the General Code of proceedings, recently renewed because of the pandemic with Law 2213 of 2022. The first two stages were to be completed before the first-instance judge.

Intellectual Property 105

Intellectual Property Law Designs Design 105

IIPRD

APRIL 8, 2024

This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions. This still stands as an extremely contentious topic. The post AI Generated Art and its conflict with IPR first appeared on IIPRD.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Chicago IP

MAY 12, 2021

Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law. The Court limited the temporal scope of the deposition to 2014 (before the patent’s filing date and Carjams’ first accused sales).

Patent 40

Patent Patent Application Art Licensing 40

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. the first-sale doctrine allows libraries to lend physical copies without the author's permission because the initial authorized sale of a copy exhausts the copyright owner's distribution right for that particular copy. COPYRIGHT In the U.S.,

Blogging 52

Blogging IP Copying Copyright 52

Patently-O

JUNE 15, 2022

UMass’s claimed invention is a topical skin care product containing adenosine that is applied to the skin. Panel: Prost, Mayer, Taranto (author). This opinion nominally addressing indefiniteness illustrates the power of de novo claim construction review at the Federal Circuit. ” Slip Op. ” Id.

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Invention Inventor Blogging Patent 80

LexBlog IP

JANUARY 26, 2023

Further information on its establishment and the appointment of the first four commissioners to Coimisiún na Meán can be read here. It has been announced that the Irish government intends to introduce amending legislation to the OSMR to allow for Coimisiún na Meán’s powers to be used for the enforcement of the TCO.

Designs 52

Designs Design Government Technology 52

The IPKat

JULY 30, 2021

When this Kat started his tenure as a GuestKat two years ago, his first post was on the first anti-anti-suit injunction issued in Europe, by the Munich Regional Court. We've come a long way First, it is important to keep in mind that much has changed in comparatively little time. Also from these two: a warm furwell to readers!

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Technology & Marketing Law Blog

JUNE 1, 2022

Attorney General first. Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. Texas’ law is a significant intrusion into the First Amendment, so damn right that it needs judicial blessing before censorship goes into effect.

Social Media 121

Social Media Blogging Law Technology 121

The IPKat

NOVEMBER 24, 2023

The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. Rule 298 provides for the Court of its own motion or at a request of a party requesting that EPO opposition or amendment proceedings (including any appeal) be accelerated at the EPO. Accelerated EPO oppositions.

Contracts 113

Contracts Journalism Litigation Publishing 113

Velocity of Content

APRIL 25, 2023

Be as clear as possible upfront but go back to the publisher for guidance if you need to amend the reuse details, she advised. The post Addressing Common Reuse Questions in Medical Communications appeared first on Copyright Clearance Center. Myth 3 — If a Creative Commons license is available, you don’t need further permissions.

Licensing 93

Licensing Copyright Publishing Contracts 93

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. This article was originally edited by, and first published on, www.lexology.com.

Copyright Law 52

Copyright Law Law Copyright Television 52

TorrentFreak

DECEMBER 13, 2023

For example, several authors have just filed an amended complaint against Meta, alleging that the company continued to train its AI on pirated books despite concerns from its own legal team. With more than 10,000 responses, it is clear that the topic is close to the hearts of many people.

Publishing 135

Publishing Licensing Copyright Copying 135

IP and Legal Filings

JANUARY 15, 2024

The act, which was passed to protect the rights of female employees and to ensure their physical and financial security during maternity, has been amended to take modern societal standards and economic factors into account. It built on the 1957 amendment.

Law 84

Law Government Publishing Business 84

SpicyIP

AUGUST 2, 2021

Topical Highlight. He first summarizes the Standing Committee Report’s recommendation on reinstitution of the IPAB with more structural autonomy and administrative reforms. In Part I , I covered the suggested amendments to Section 3 of the Patents Act which concerns the exclusion of certain subject matters from patent protection.

Reporting 116

Reporting Designs Design Copyright 116

IPilogue

MARCH 21, 2022

Labelling the work as a “creation”, as opposed to an “output” or “generation”, has been the topic of global debate. Following registration in India, Mr. Sahni also achieved success in registering RAGHAV as his co-author for Suryast with the Canadian Intellectual Property Office (“CIPO”) in December 2021 (CIPO, registration number 1188619).

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Registration Copyright Intellectual Property Public Domain 120

The IPKat

MARCH 28, 2022

The conference lasted almost three days and with a large number of topics having been discussed. The original conference program (which was only slightly amended due to some covid-related absences). The IPKat reports on some of the trends and topics from the conference below.

Reporting 76

Reporting Litigation Patent Confidentiality 76

The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law. Quentin Tarantino et al.

IP 76

IP Reporting Designs Design 76

IP and Legal Filings

FEBRUARY 2, 2024

The Trademarks Act, 1999’s Section 9(2)(b) was interpreted strict sense in this case, marking the first time that a blanket prohibition on the registration of a religious book’s name has been placed in place. The legislature has not taken a stand on this topic. Lal Babu Priyadarshi [9]. 1] Acharya, M. 2022, February 28).

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Trademark Law Trademark Law Service Mark 91