Remove topics first-sale-doctrine
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The SAD Scheme as an Institutional Failure

Technology & Marketing Law Blog

The TRO acts like a supernotice compared to the traditional takedown notice: it targets sellers, not individual items; and it implicates their cash from all of their sales, not just the allegedly infringing listings. First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts.

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Parallel Imports And Its Legality Under The Trade Marks Act, 1999

IP and Legal Filings

Image Sources : Shutterstock] Doctrine of Exhaustion A very important concept that needs to be understood while we delve into this topic of Parallel Imports is the doctrine of exhaustion. Now for parallel imports to happen and be legal, the kind of Doctrine of Exhaustion followed in India is to be determined.

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Around the IP Blogs

The IPKat

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.

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Sunday Surprises

The IPKat

Potential topics include – but are not limited to! – the following: Sustainability and IP; Right to repair; Greenwashing and IP; Green trade marks; Craft and industrial GIs; Exhaustion / first sale doctrine as applied to the Green / Circular Economy (e.g., upcycling); Green patents. Click here to know more.

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Conference report: Intellectual Property & Sustainability

The IPKat

The Faculty of Law at the University of Geneva recently hosted (on February 7, 2023) an international conference on the topic “ Intellectual Property & Sustainability ”. Calboli addressed the right of exhaustion of trade marks in the circular economy especially in the resale sectors.

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Supreme Court on Patent Law for October 2022

Patently-O

The court’s first order of business comes on September 28, 2022 when it meets for the “long conference” to consider a fairly large pile of petitions that have piled-up over summer break. Effectiveness is often relegated to the utility doctrine, but here it is an express claim limitation. American Axle (cert denied).

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5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

43(B)log

21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. First, the warnings were “purely factual.” R J Reynolds Tobacco Co. What is factual?