Patently-O

NOVEMBER 7, 2022

In Formal Ethics Opinion 503 (Nov. For example, North Carolina Legal Eth. Whether consent may be ‘implied’ by the circumstances requires an evaluation of all of the facts and circumstances surrounding the representation, the legal issues involved, and the prior communications between the lawyers and their clients. 2012-7 (Oct.

Copying 48

Copying Settlement Licensing Law 48

Technology & Marketing Law Blog

APRIL 11, 2023

The abstract: This paper summarizes the United States’ legal framework governing Internet “platforms” that publish third-party content. 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.

Blogging 80

Blogging Government Law Publishing 80

SpicyIP

MAY 3, 2023

Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity right, it is then interesting to consider how such claims would play out in the absence of explicit instructions from the deceased author on exercising this right.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff pointed out that HDR gained access to the group on a false pretense (claiming to be interested in the topic, when really it was just a data snarfer). While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. ” Intrusion Into Seclusion. Implications.

Privacy 134

Privacy False Advertising Contracts Advertising 134

TorrentFreak

APRIL 7, 2023

“He testified that he was aware that by uploading works without the permission of the copyright owners, he was violating some legal standards, but he did everything mainly because he liked music. Do they even have an opinion on the topic this far into government? But a general principle stands regardless of the topic.

Music 125

Music Government Copyright Infringement Copyright 125

The IPKat

AUGUST 31, 2022

The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Unlike private individuals or companies, DAOs are not legally recognised.

Ownership 134

Ownership IP Contracts Inventor 134

Technology & Marketing Law Blog

MAY 17, 2022

As I read the opinion, if Roblox discovers a virtual user-made item violates its TOS, Roblox nukes the item…but apparently didn’t refund the buyers’ money, so buyers lost both their money and the item. This opinion is filled with bad news for Roblox. Roblox has an in-game currency, Robux. Contract Formation.

Contracts 123

Contracts Publishing Licensing Editing 123

LexBlog IP

AUGUST 3, 2023

In the intellectual property sphere, one of the hottest topics surrounding the use of these AI tools is whether the works of art or inventions (including works of industrial design) created using these tools can still be considered the creation of the individual author or designer. This question is of critical importance because the U.S.

IP 52

IP Intellectual Property Artwork Designs 52

43(B)log

NOVEMBER 13, 2023

The survey targeted an appropriate population (ophthalmologists and optometrists as confirmed via a series of employment questions), used a standard question format, provided a “don’t know/have no opinion answer,” excluded respondents who answer questions too quickly, randomized the questions, and surveyed an appropriate population size.

False Advertising 71

False Advertising Advertising Advertising Government 71

The IPKat

APRIL 1, 2024

As Merpel was wading through the usual analysis, she stumbled across a novel topic in a post from her Parisian Kat friend, Lionel Martin ( August-Debouzy ) posing the question as to whether the Court of Appeal's panel composition is in breach of the European Convention of Human Rights (ECHR) - and whether anyone would care enough to challenge it.

Art 67

Art Litigation Patent Law 67

Technology & Marketing Law Blog

MARCH 29, 2022

The court’s opinion breezes through most of these important and complicated topics, mostly due to the plaintiff’s pro se arguments and Section 230. Case citation : Quinteros v.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

The IPKat

JULY 15, 2023

Image credits: Riana Harvey Events and publications The Queen Mary Intellectual Property Research Institute joins forces with the Centre for Commercial Law Studies in organising their annual IP event, this year tackling the hot topic of investigating the crucial narratives on the role of IP law and theory in promoting a sustainable world.

Cinema 52

Cinema Intellectual Property Intellectual Property Law IP 52

Erik K Pelton

DECEMBER 28, 2020

While there were not, in my opinion, any major court developments affecting trademark owners, there have been many other events and changes that have impacted the world of trademarks over the past 12 months. Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics.

Trademark 130

Trademark All Rights Reserved Registration Branding 130

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. If not, UIRC’s legal positions, if successful, would have highlighted its non-trivial exposure to the Idaho agency. Copyright Protection for Legal Documents.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

The IPKat

MAY 1, 2022

EVENTS 5-6 May 2022 - 14:00 (WEST) | CIDP – “ International Conference – The legal challenges of the fourth industrial revolution – The European Union’s digital strategy ” CIDP is organizing a conference on the future of digital transformation and the European Union's Digital Strategy. The event will be held in person and live-streamed.

Intellectual Property 76

Intellectual Property Editing Intellectual Property Law Registration 76

IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

AUGUST 14, 2021

Also in the EU vein, InternKat Anastasiia Kyrylenko reported on the Opinion issued by Advocate General Saugmandsgaard Øe in Case C-123/20, which relates to the protectability of ‘partial designs’ as an unregistered Community design right. Picture from Angeles Balaguer on Pixabay.

Intellectual Property 62

Intellectual Property Editing Designs Design 62

IP and Legal Filings

APRIL 10, 2024

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. Author:- Rinsha Narayanan, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.

Social Media 77

Social Media Journalism Television Law 77

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. The Court Opinion. What’s so odd about this opinion is that it treats TOS amendment as an unprecedented question. I hope it’s not. * * *.

Contracts 108

Contracts Blogging Business Law 108

Technology & Marketing Law Blog

FEBRUARY 17, 2022

Apple really should rethink its enthusiasm for individual copyright registrations for emojis, because that legal position spurs claims like this one. All to produce an opinion dismissing the lawsuit in a few breezy paragraphs. Emojis and Intellectual Property , a brief and breezy survey of the topic. LEXIS 28086 (N.D.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

Patently-O

MARCH 31, 2024

In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. The case, Inline Plastics Corp. Lacerta Group, LLC , No. 2022-1954 (Fed. The Federal Circuit agreed.

Invention 57

Invention Copying Licensing Art 57

TorrentFreak

MARCH 2, 2023

The “repeat infringer” issue remains a hot topic in U.S. They argued that the targeted comments are relevant, proportional, and may help to back up their legal arguments in court. That would be a huge violation of everyone’s privacy and, in my opinion, Reddit would take action and ban the piracy subreddit.”

Privacy 127

Privacy Copyright Infringement Copying Copyright 127

The IPKat

NOVEMBER 29, 2023

The IPKat has received and is famished delighted to host the following guest contribution by Katfriends Robbert Sjoerdsma and Annelotte Boot (both Holla Legal & Tax) regarding a dispute concerning the … Crompouce®. The validity of the design right(s) to the Crompouce® might be a topic for another post. Then read on!

Cease and Desist 76

Cease and Desist IP Trademark Designs 76

Technology & Marketing Law Blog

JANUARY 19, 2023

” This court is right that Henderson wasn’t a persuasive opinion, but this adds to the evidence of a circuit split… Implications This case relates to a tragedy, a teen suicide after online harassment. This could be one of the many legal problems with the AADC. I’m sure this opinion will be appealed.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

LexBlog IP

FEBRUARY 7, 2023

The court expressed a view that damages in the case, if awarded, were likely to be small and a stay would not impact the procedural efficiency of the proceedings, but a delay in granting a stay could substantially and unnecessarily increase legal costs for the defendant. Cunniam v Fastway Couriers Dublin Circuit Court Record No.

Technology 52

Technology Intellectual Property 52

Technology & Marketing Law Blog

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. Even if their legal position is ultimately meritless, they can weaponize this argument to suppress the recordings, extract cash, and generally cause chaos. Previous blog post. The Ninth Circuit reverses.

Copyright 76

Copyright Blogging Music Copying 76

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

The legal experience TTAB judges have may make it easier to explain and win the particular issues associated with your case. The TTAB publishes its opinions, which gives your attorneys a deep source of information to rely on. The Federal Circuit reviews legal issues de novo. Robust Precedent.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

The IPKat

JULY 9, 2023

The point of view adopted goes beyond the legal strictu senso, and therefore provides a different approach to that usually adopted for legal works. A more traditional work will have to supplement the reading, if only to know the whole of the relevant legal framework and the relevant case law.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Technology & Marketing Law Blog

JUNE 1, 2022

My understanding is that the injunction will dissolve after the Fifth Circuit issues its written opinion (unless the panel magically changes its mind and affirms the district court). At that point, I expect the Fifth Circuit opinion will trigger a standard petition for certiorari. District court opinion enjoining the law.

Social Media 122

Social Media Blogging Law Technology 122

Technology & Marketing Law Blog

JULY 18, 2023

While this is an unpublished opinion, it is a rather important one, both for the development of the law and because it deals with the abilities of websites to exercise control over their contents and the abilities of others to scrape and use that information. From this perspective, Genius’s complaint is rather standard.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

TorrentFreak

MARCH 29, 2024

A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders. But Was it Really Proportional?

Privacy 101

Privacy Publishing Marketing Marketing 101

The IPKat

JANUARY 27, 2023

Legal background: ViCo oral proceedings In 2021, the EPO introduced a new Rule of P rocedure of the Boards of Appeal (RPBA), Article 15a, permitting a Board of Appeal to hold oral proceedings by ViCo whenever "the Board considers it appropriate to do so". but no opportunity has been provided to input free text comments on this topic.

Reporting 85

Reporting Patent 85

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 136

Publishing Licensing Copyright Copying 136

The IPKat

MAY 25, 2022

The IPKat is pleased to host the following guest post by Katfriends Hanne Kirk and Jakob Plesner Mathiasen (both Gorrissen Federspiel) on the topic of 'grand rights' in a recent Danish decision. This distinction is rooted in consideration for the author without any specific legal basis.

Music 52

Music Copyright Publishing Contracts 52

IP and Legal Filings

MARCH 23, 2023

6] Difference of opinion The opinions expressed “by proxy advisers are exclusively based on their research and interpretation and are not subject to regulatory clearance. Conclusion The Indian “stock market is rising by the day, and investors are becoming more involved in the complexities of the topic than they were previously.

Government 86

Government Marketing Marketing Business 86

TorrentFreak

FEBRUARY 24, 2023

And when Japanese rightsholders seek to mitigate infringement in overseas legal processes, new challenges appear around every corner. Overseas legal procedures are considered burdensome, expensive, and a strain on both time and resources, says manga publisher Shogakukan. Publishers Seek Help From U.S.

Publishing 120

Publishing Advertising Advertising Music 120

IP Tech Blog

SEPTEMBER 25, 2023

AI has been front and center in the legal space as well, as this blog has detailed here and here. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. 2023 has been a watershed year for AI with its entry into the broader public consciousness. Now, the U.S.

Copyright 62

Copyright Technology Artwork Blogging 62