LexBlog IP

OCTOBER 12, 2022

When an employee leaves for a competitor, it’s not uncommon for the former employer to investigate whether the employee took information on the way out the door. But a recent case from the Georgia Court of Appeals, Patel v. And please email Ben , Russell or me with any topics you’d like to hear us discuss.

Music 52

Music Intellectual Property 52

Technology & Marketing Law Blog

MARCH 8, 2024

Mistakes are common in the SAD Scheme, and appeals are almost nonexistent. Other examples of error-prone IP topics: design patents, where a simple visual comparison of the two works isn’t sufficient to determine infringement; or trade secret litigation, where the item’s trade secret status and ownership is often highly contested.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

The IPKat

OCTOBER 19, 2023

Image via Pexels Another Autumn week is coming to an end, and with the falling leaves come some more interesting IP opportunities. The main topic of discussion will relate to how generative AI, and ChatGPT, is revolutionising the work of IP specialists. Register here. To register and to find more details (in Dutch), here.

Intellectual Property 62

Intellectual Property Intellectual Property Law Editing Patent Law 62

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 48

Art Business Patent Settlement 48

Plagiarism Today

OCTOBER 4, 2022

However, it did inspire more litigation in this space and, according to reports, kept many lawyers busy answering calls on the topic. As such, the judge felt that this was a matter for a jury and set the case down that path. The ruling surprised many, who didn’t expect the case to make it to trial. The desire is easy to understand.

Copyright 252

Copyright Music Litigation Plagiarism 252

Michael Geist

MAY 19, 2022

CRTC Chair Ian Scott appeared before the Standing Committee on Canadian Heritage yesterday and Bill C-11 proved to be a popular topic of discussion. The following exchange with Conservative MP Rachael Thomas got Scott on the record: Thomas: Bill C-11 does in fact leave it open to user generated content being regulated by the CRTC.

Government 132

Government Law 132

Technology & Marketing Law Blog

JULY 18, 2023

But copyright law isn’t limitless; it leaves many intangible goods, especially factual data, unprotected, and it allows many uses of protected works. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. While enjoying (or not) this heatwave, check the latest IP events and opportunities to be cool for the summer! Further information is available here. and the EU.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

The IPKat

NOVEMBER 7, 2021

Events This Kat is always amazed by the colours of the leaves in autumn. The discussion will cover topics such as the formation, practical operation, and the risks of LNGs, as well as some less restrictive alternatives to get the implementers involved in the formation of SEP royalties. Registration can be made here.

Intellectual Property 78

Intellectual Property IP Registration Intellectual Property Law 78

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

LexBlog IP

FEBRUARY 7, 2024

5] In the UK, the government published a white paper, which proposes leaving it to individual regulators to lay down sector-specific rules or guidance regarding AI, subject to certain overarching guiding principles. [6] The rapid development of AI is introducing new opportunities and challenges to dispute resolution.

Publishing 52

Publishing Government Litigation Inventor 52

Technology & Marketing Law Blog

AUGUST 21, 2023

By experimenting with more sympathetic plaintiff demographics, I assume the law firm hoped to create better precedent that it could then weaponize to help conservatives object to content moderation and more deeply entrench their existing privilege. This sets up YouTube for a major own-goal. Yet, the court bails YouTube out.

Contracts 84

Contracts Social Media Blogging Law 84

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Praharsh explains why the allegations of recruiting contractual employees are particularly problematic, emphasizing the need for systemic reform. Read on to learn more.

Invention 59

Invention Trademark IP Patent 59

Technology & Marketing Law Blog

APRIL 1, 2023

Instead, the notice just pointed to the target’s website, leaving the web host (Wix) unsure which, if any, of the photos on the target website were the allegedly infringing ones. This ruling covers two key topics related to 512. I’m going to focus on the 512(f) claim. And without a DMCA notice, § 512(f) does not apply.”

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Art Law Journal

DECEMBER 29, 2021

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. Creativity is a way of life…but making creativity into a living can seem daunting — particularly when you don’t have an educational or professional background in art. AD AGENCIES.

Graphic Design 52

Graphic Design Designs Design Web Design 52

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Background. But before we focus on the decision, we need to get some unusually messy procedural history tied to the AMG decision out of the way.

Litigation 52

Litigation Advertising Advertising Reporting 52

Copyright Lately

SEPTEMBER 26, 2022

It’s the first ever copyright lawsuit involving the unauthorized reproduction of tattoos in creative content to reach trial. And no, this one won’t be the second.). I first wrote about the case two years ago , when District Judge Staci Yandle denied Take-Two’s motion for summary judgment. There’s a lot at stake. Skull arm design.

Fair Use 85

Fair Use Licensing Ownership Copying 85

IP and Legal Filings

MARCH 14, 2022

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. These laws are based on Berne Convention Article 6bis, to which India is a signatory. As a result, the lifetime of these rights varies greatly between countries.

Moral Rights 59

Moral Rights Copyright Contracts Law 59

Art Law Journal

AUGUST 10, 2022

It remains true that social media engagement creates a more intimate conversation between the artist and audience, which can in turn lead to more sales, increase your exposure to future clients and leave you more positive reviews from followers who feel intimately acquainted with your work. First things first: What exactly is engagement?

Social Media 52

Social Media Art Marketing Marketing 52

Intellectual Property Law Blog

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § The IPRs were decided three years later, leaving infringement litigation alive, at which point the District Court lifted the stay and reinstated the case.

IP 130

IP Litigation Patent Law 130

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. On appeal, plaintiff argued that the district court did not correctly apply the plausibility standard under the DTSA. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

NOVEMBER 21, 2021

Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter. Copyright Review Board decisions are appealable in federal court as an administrative agency ruling.]. ” Apple appealed to the Copyright Review Board. copyright law.

Copyright 116

Copyright Registration Fair Use Designs 116

The IPKat

FEBRUARY 24, 2023

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. First, plausibility is not a legal concept finding explicit basis in the EPC.

Invention 131

Invention Law Patent Publishing 131

Technology & Marketing Law Blog

JANUARY 9, 2024

Facebook is on appeal to the California Supreme Court, and I filed a letter in support of granting review in the case.] The plaintiffs are parents of Snapchat users who purchased fentanyl from other Snapchat users and suffered overdoses. They sued Snapchat for a wide ranges of tort claims. ”) as a defective product. Note: Liapes v.

Publishing 74

Publishing Designs Design Law 74

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. Introduction Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Copyright 138

Copyright Fair Use Copyright Law Law 138

The IPKat

FEBRUARY 27, 2023

The case deals with the topic of whether the registration of slogans is allowed by EU trade mark law, this being a topic that The IPKat has also devoted substantial attention to (see here ). The company appealed. v EUIPO ) involving American company Rimini Street, Inc. and the EUIPO. Oracle USA Inc, 586 U.S. 2019) " (see here ).

Advertising 89

Advertising Advertising Registration Designs 89

Kluwer Copyright Blog

JANUARY 31, 2022

The topic of the 2014 paper was provided by Bernt Hugenholtz. Football matches could not be works because these “are subject to rules of the game, leaving no room for creative freedom for the purposes of copyright.”. Do these rules “leave no room for creative freedom for the purposes of copyright” as the Court states?

Copyright 102

Copyright Intellectual Property Social Media Law 102

LexBlog IP

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. FMC’s accused device]. § 285.

IP 52

IP Litigation Patent Law 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. The plaintiffs in this case apparently thought they were clever than everyone else who looked at this issue over the past quarter-century.

Copying 74

Copying Ownership Derivative Work Contracts 74

LexBlog IP

NOVEMBER 11, 2022

Ford plans to appeal. Court of Appeals for the Eleventh Circuit, Boeing successfully secured the dismissal of trade secrets claims asserted against it by arguing that a limitation of liability provision in its nondisclosure agreement (NDA) also applied to the same trade secret claims. The jury awarded $22.39 The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. In April 2020 and February 2021 two substantial new contributions to this debate were published.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. Wikipedia), articles, and other information available on the Internet. How was ChatGPT trained?

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

The IPKat

JANUARY 21, 2022

This is a review of Performer's Rights by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. Topics include the evolution of the performers’ rights in the UK, through to all key aspects of the rights, such as subsistence, duration, ownership, licensing, remuneration, infringement, and exceptions.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. Similar to the procedures for rehearing, a party request for Director review is limited to 15 pages, must be filed within 30 days of the final written decision, and, if timely, resets the 63-day deadline for filing a notice of appeal.

Reporting 52

Reporting Art Invention Patent 52

Technology & Marketing Law Blog

JUNE 20, 2023

Nonetheless, I also agree with the ruling’s critics that the opinion went much further than was necessary to reach that result, leaving the fair-use doctrine unmoored in stormy seas and even more susceptible to the whims and caprice of individual judges. [Eric’s note: this is the post you’ve been waiting for: Prof. Goldsmith , No.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

NOVEMBER 15, 2021

District Judge Jed Rakoff rejected the “server test” from the 9th Circuit Court of Appeals , which generally holds that embedding content from a third party’s social media account only violates the content owner’s copyright if a copy is stored on the defendant’s servers. In reaching his decision , U.S.

Social Media 52

Social Media Copyright Infringement Copyright Copying 52