LexBlog IP

APRIL 12, 2023

The National Telecommunications and Information Administration (NTIA) has issued a Request for Comments (RFC) on Artificial Intelligence (“AI”) system accountability measures and policies to advance its efforts to ensure AI systems work as claimed and without causing harm.

Music 52

Music Technology Art Publishing 52

The IPKat

MARCH 14, 2022

University of Nottingham - Vaccine access and Covid waiver in light of overlapping commitments outside TRIPS - 23 March 2022 There are severe inequalities for access to vaccines and other health technologies for the prevention, treatment, or containment of Covid-19 around the world.

Journalism 67

Journalism Intellectual Property IP Marketing 67

43(B)log

MARCH 25, 2024

The Family Smoking Prevention and Tobacco Control Act requires cigarette packages to include “color graphics depicting the negative health consequences of smoking to accompany the [updated] label statements.” Thus, at most, the emotional response of viewers is incidental to their retention of information about the health risks.”

Advertising 64

Advertising Advertising Social Media Government 64

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. The negotiations and foundation for the pandemic accord involved countries within the World Health Organisation (WHO).

IP 59

IP Intellectual Property Publishing Technology 59

SpicyIP

OCTOBER 26, 2022

After a few sessions on conceptual and theoretical ideas around IP, this set of sessions will now take the class on a different not-so-theoretical topic and deliberates upon IP issues that crop up around clinical trial test data, drug innovation, Indian drug regulatory regulation etc. Does it provide the benefits it claims to?

IP 118

IP Invention Patent Marketing 118

43(B)log

JUNE 21, 2023

She brought the usual California statutory claims. She alleged that its statements about “regenerative farming”; its ESG commitments; and “preserving natural resources” were “false, deceptive, and misleading.” Defendant brought a motion to strike under the anti-SLAPP law.

Law 72

Law Social Media Reporting Business 72

IPilogue

AUGUST 5, 2021

The surge in depression and anxiety amongst adults during the pandemic has highlighted the importance of finding and implementing effective and sustainable mental health treatments. Those against the current trends in obtaining patents for psychedelic compounds claim that patents would stifle scientific research and competition in the field.

Patent 59

Patent Invention Journalism Ownership 59

Bio Law Blog

NOVEMBER 15, 2021

Elysium Health, Inc. The Patent Trial and Appeal Board did not institute IPR of the ’807 patent but instituted IPR of the ’086 patent and upheld one of the challenged claims as valid. The court held the asserted claims are directed to a natural phenomenon because NR is a naturally occurring vitamin present in cow milk.

Patent 52

Patent Invention Litigation Contracts 52

Patently-O

FEBRUARY 15, 2023

The Federal Circuit weighed in on the amorphous topic of subject matter eligibility in the recent opinion ChromaDex, Inc., Elysium Health, Inc. , — F.4th Claim one of ‘807 states: 1. Under these cases, a determination that milk is within the scope of the claims is not, by itself fatal to eligibility. 576 (2013).

Patent 54

Patent Patent Drafting IP Law 54

LexBlog IP

MAY 2, 2023

And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). This is FTC 101, and companies are responsible for any claims that they are making about what their AI can or cannot do. How accurate is your AI?

Blogging 52

Blogging Privacy Marketing Marketing 52

43(B)log

JULY 20, 2023

As a fact witness, the government agreed that he could supply what he claims is “the scientific basis upon which he made the alleged misstatements” for the purpose of assessing whether he had sufficient substantiation for his claims. The evidence didn’t support the claim that the websites were used as educational references.

Government 52

Government Advertising Advertising Social Media 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

The County Health Department contacted the local sheriff Konrath, who sent Sgt. How then, Defendants ask, can she possibly claim coercion? Nevertheless, we have seen many seemingly-smart people, and politicians, advocate for government censorship of online misinformation about COVID or other topics. Doesn’t “Sgt.

Law 102

Law Social Media Government Contracts 102

TorrentFreak

DECEMBER 13, 2022

On June 17, 2022, around a month before alleged SmoothStreams operators Marshall Macciacchera and Antonio Macciacchera were targeted in person, the plaintiffs filed a statement of claim detailing their copyright infringement allegations. Requesting information from Marshall on topics listed in the Interim Order. Judge Roger R.

Television 123

Television Reporting Copyright Infringement Law 123

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.” ” The Facebook page administrator initially deleted the comment.

Social Media 107

Social Media Government Designs Design 107

TorrentFreak

SEPTEMBER 19, 2022

These often focus on various risks, with particular concern for the health of pirates’ computers. While some of these claims are exaggerated, there is no denying that malware is spread through some pirate sites. Also, it’s worth noting that there is research on the topic that shows quite a different picture.

Advertising 89

Advertising Advertising Free Content Reporting 89

LexBlog IP

FEBRUARY 18, 2022

On the consumer protection side, the topic was initiating a Mag-Moss rulemaking concerning earnings claims – the statements that businesses may make when trying to encourage consumers to work for them or sell their product or service. We are years away from any final rule on impostors or on earnings claims.

Marketing 52

Marketing Marketing Business Blogging 52

Technology & Marketing Law Blog

JANUARY 15, 2024

The court rejects Meta’s First Amendment challenge: Meta tries to take this argument a step further, claiming an investigation into its statements about its content moderation practices might indirectly chill those practices themselves. “[J]ust March 31, 2023): Plaintiffs’ tort claims arise out of events that occurred entirely in St.

Social Media 65

Social Media Advertising Advertising Publishing 65

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. Substantiation of “regular” price claims is also a big issue. Joseph Lewczak: FTC v. Also new disclosures for high-fat etc. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

JULY 30, 2021

This claim is excluded insofar as, in light of the special circumstances of the specific case and the principles of good faith, it would cause the infringer or third parties disproportionate hardship, not warranted by the right to exclude. This does not affect the damages claim laid down in paragraph 2. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

SpicyIP

AUGUST 15, 2021

Topical Highlight. They highlight that the Court can play a constructive role in this process by exacting accountability from the government and ensuring that it comes up with an action plan to secure the enjoyment of the right to health for TB patients who need the drugs at issue.

Licensing 83

Licensing Government Reporting Patent Law 83

43(B)log

JUNE 29, 2023

Might be broken down by topic. Who’s going to hold the powers that be accountable for whether or not this accomplishes the goals that they claimed it would/we think it should? The data act follows a different approach: seems to provide umbrella regulation w/further specification possible, e.g. open health regime.

Law 52

Law Privacy Litigation Social Media 52

SpicyIP

MARCH 30, 2023

In the present case, Rathee has expressed his opinion backed by facts, referencing to the table of “Real” fruit juice’s ingredients and deducting the product’s implication on health. This order is clearly a disproportionate measure since the first order passed by the court required only the contested portions to be removed from the video.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

IP and Legal Filings

MARCH 7, 2022

Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. In this scenario, the court might issue a temporary order for a certain period until the court issues final decisions on the topic.

Trademark 59

Trademark Law Registering Trademarks Branding 59

IP and Legal Filings

MARCH 7, 2022

Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. In this scenario, the court might issue a temporary order for a certain period until the court issues final decisions on the topic.

Trademark 56

Trademark Law Registering Trademarks Branding 56

LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. Olive Oil and State Pride.

Law 52

Law Trademark Branding Brands 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

However, – this principle will not protect the alleged infringer from an action that the owner of the copyright for the damages and claim for an account of profit. If periodicals reproduce articles on current topics, they are not infringing copyrighted work. This does not amount to infringement of a copyright.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. We don’t do “A-for-Effort” laws in the U.S.,

Privacy 138

Privacy Designs Design Business 138

43(B)log

NOVEMBER 9, 2023

Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. The court first found that the Lanham Act claim was grounded in fraud and had to satisfy Rule 9(b). Challenged statement: “Sierra Health and Wellness and New Start Recovery Solutions are proud. New Directions Program v. 2:22-cv-01090-DAD-JDP (E.D.

False Advertising 64

False Advertising Advertising Advertising Copying 64

SpicyIP

JANUARY 9, 2023

Case: Perkinelmer Health Sciences Inc and Ors. Delhi High Court to revisit the issue “ whether rights under registered trademarks can be enforced after giving up the right to file actionable claims qua the same by claiming an exemption from GST ” Directs the Senior Standing Counsel, Dept. Sumit Bansal & Anr.

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Hetero Drugs claimed that the drug was not being used in India and the export was only for research and development purposes. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. ” Selected Posts About State Action Claims.

Social Media 107

Social Media Contracts Government Publishing 107

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

JULY 9, 2021

The Covid-19 pandemic has rekindled a long-running debate over the optimal balance of private profit and access to essential medicines in the light of public health. This works best when the procedure is indistinguishable from the final product. Conclusion.

Patent 119

Patent Invention Intellectual Property Public Domain 119

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. RDB and Co. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. 112, and whether the claims do not cover the same invention as a related application?

Invention 52

Invention Patent Prosecution Art Patent 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. This is a topic I used as a sample exam idea in the 1990s). Regarding the counterfeiting claim, the court refuses to accept that keyword metatags categorically can’t create counterfeiting. Competitive proximity. Mark similarity.

Advertising 99

Advertising Advertising Trademark Settlement 99

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. which held that a trade secret claim that allegedly caused reputational damage to the plaintiff triggered defamation coverage for what were otherwise traditional trade secret claims. Valley Forge Ins. Then check out U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52