TorrentFreak

APRIL 15, 2024

For a long time, pirate site blocking was regarded as a topic most U.S. That would allow for court orders, compelling Internet providers to take action, without imposing any type of liability. politicians would rather avoid. That’s no longer the case… In recent years calls for a U.S.

Advertising 111

Advertising Advertising Copyright Law Copyright 111

Intellectual Property Law Blog

JUNE 9, 2021

Retailers may also face liability for selling fraudulent, poor quality and potentially unsafe goods. In addition to the podcast, please see the article on the same topic I co-wrote with my colleagues Robert Masters and Katy Carlyle, published in the World Trademark Review.

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Branding Brands Branding Cease and Desist 147

IP Watchdog

DECEMBER 6, 2021

This week in Washington IP news, the House of Representatives will host committee hearings discussing several draft pieces of legislation that would update the 21st Century Cures Act as well as reduce immunity to liability for major tech firms currently enjoyed under Section 230 of the Communications Decency Act.

Privacy 59

Privacy IP Advertising Advertising 59

TorrentFreak

MAY 30, 2023

The call is quite broad and could include hot topics such as no-fault injunctions , which would allow copyright holders to more easily pursue pirate site blocking orders in the United States. It’s no secret that rightsholders would like to have more anti-piracy tools, including site blocking and increased ISP liability in the US.

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Government Copyright Copyright Law Copying 103

LexBlog IP

MARCH 19, 2024

This time, the Guangzhou Internet court had to tackle a different intellectual property issue relating to generative AI – liability for infringing work output from an AI program. The plaintiff in this case was Shanghai Xinchuanghua Cultural Development Co.,

Copyright 52

Copyright Copyright Infringement Intellectual Property Copying 52

Kluwer Copyright Blog

NOVEMBER 19, 2021

Earlier this year, Creative Commons announced that four working groups of the Creative Commons Copyright Platform would examine policy issues affecting the open ecosystem from a global perspective: (1) artificial intelligence and open content; (2) platform liability; (3) copyright exceptions and limitations; and (4) the ethics of open sharing.

Copyright 111

Copyright Intellectual Property Law Public Domain Copyright Law 111

Technology & Marketing Law Blog

MARCH 29, 2022

” Products Liability. 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. An online videogame isn’t a “product.” ” Breach of Contract. Case citation : Quinteros v. Innogames, 2022 U.S.

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Contracts Advertising Advertising Confidentiality 112

The IPKat

NOVEMBER 21, 2021

As part of the 21 for 2021 project , CREATe posted about the empirical evidence on copyright exceptions, from the oldest study on the topic to future research directions. The annual review covers topics such as the definition of a work, authorship and moral rights. The review is published in 4 different parts!

Blogging 73

Blogging IP Moral Rights Copyright 73

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them. Privacy concerns might, it was said, be a barrier to market for such traders and suppliers.

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Reporting Law Due Diligence Branding 128

LexBlog IP

FEBRUARY 7, 2024

13] More generally, AI raises a number of other complicated issues regarding the assigning of responsibility and liability, and, from the claimants’ perspective, the establishing of all the elements of various causes of action. 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7]

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The IP Law Blog

FEBRUARY 1, 2024

AJ Press operates Punchbowl News, a subscription-based online news publication that covers topics in American government and politics. It has been using the PUNCHBOWL mark since 2006 and has federal trademark registrations covering the mark. AJ Press was founded by two journalists who used to write for Politico. Punchbowl Inc.

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Television Trademark Law Registration 113

LexBlog IP

OCTOBER 12, 2022

However, employers should be aware of potential liability that could arise from their digital investigations and monitoring of employee computer and email use.” And please email Ben , Russell or me with any topics you’d like to hear us discuss. Fairly Competing, Episode 17: Investigating Employee Misconduct.

Music 52

Music Intellectual Property 52

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.

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Art Business Patent Settlement 48

Technology & Marketing Law Blog

JANUARY 19, 2023

First, the complaint assumes that the anonymous messages created liability for someone, but that may not be the case. This case may be a potential attempt to impose liability on intermediaries for lawful-but-awful content. ” The defendants successfully defend on Section 230 grounds.

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False Advertising Social Media Publishing Advertising 85

TorrentFreak

FEBRUARY 24, 2023

Liability, Pressure on Intermediaries Other options under discussion include increased liability for intermediaries and requirements for ISPs and OSPs to obtain and retain more detailed customer information. Suggestions that Cloudflare faces liability for pirate sites are directed to the Mon Cheri v.

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Publishing Advertising Advertising Music 120

SpicyIP

FEBRUARY 27, 2024

Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. As Yogesh Byadwal’s most recent post on this topic made me think. Intrigued, I parsed the past posts to understand how the discussion on this topic has evolved over the years. Well … not really! Statutory Law.

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Non-Fungible Tokens Copyright Business Moral Rights 59

The IPKat

DECEMBER 5, 2021

Introduction of a set of “ safe harbour ” provisions to limit the liabilities of online service providers for copyright infringement. AI is currently the “hot topic” around the globe. This is an actively developing aspect of the law in other jurisdictions e.g. the UK and the EU. Additional Damages in Civil Cases B.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

TorrentFreak

OCTOBER 8, 2021

This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. The filing described the filmmakers as “opportunistic litigants” that rely on “unsupported” liability theories. courts as well. Lawsuits Target VPN Piracy.

Copyright 140

Copyright Settlement Confidentiality IP 140

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). Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

LexBlog IP

NOVEMBER 7, 2022

Seyfarth’s topics include: Advertising Litigation Developments. Panelists: Joe Orzano Partner, National Co-Chair, Advertising & Marketing Group and Product Liability & Complex Tort Group Seyfarth Shaw LLP. The conference will take place November 8 – 10 at The Diplomat Beach Resort in Hollywood, FL.

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Advertising Advertising Marketing Marketing 40

Kluwer Copyright Blog

APRIL 26, 2022

The provision then introduces a complex set of rules to regulate OCSSPs, including a liability exemption mechanism in paragraph (4), and a number of what can be referred to as mitigation measures and safeguards. paras 85-86] (This topic and its implications will be the subject of a separate blogpost.). Paras 86-88].

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Technology & Marketing Law Blog

SEPTEMBER 25, 2021

Nevertheless, we have seen many seemingly-smart people, and politicians, advocate for government censorship of online misinformation about COVID or other topics. This ruling reiterates that those efforts directly contravene the First Amendment. If they want to curb bad information in our ecosystem, they should start with themselves.

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Law Social Media Government Contracts 101

The IPKat

DECEMBER 8, 2021

The regulation of artificial intelligence is the topic of national and international public consultations and a growing area of literature. The chapter seeks to expose gaps in regulatory regimes that assume the centrality of human actors, particularly referring to civil liability, criminal law and ethics.

Journalism 89

Journalism Government Intellectual Property Law 89

IP and Legal Filings

SEPTEMBER 30, 2021

In 2016, an Action Plan for Startup India was released which covered a variety of topics such as funding support and incentive, partnerships, etc. As per the Gazette Notification No G.S.R. Turnover of the entity for any of the financial years since incorporation/ registration has not exceeded one hundred crore rupees.

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Registration Business IP Patent 68

Technology & Marketing Law Blog

AUGUST 2, 2022

This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. I explain all of this in my post on AB 2273 (the AADC) , which redundantly also would require platforms to authenticate all users’ ages to avoid business-ending liability.

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Social Media Privacy Designs Design 85

The IPKat

JUNE 3, 2022

Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. This said, the interests of rightholders cannot be considered in isolation and cannot, on their own, justify a finding of liability of platform operators due to third-party infringements.

Marketing 52

Marketing Marketing Advertising Advertising 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. ” And then we turn to the issue of individual liability. Background.

Litigation 52

Litigation Advertising Advertising Reporting 52

Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. Whatcha gonna do if someone steals your stuff?” And he goes on. . .

Copyright 81

Copyright Blogging Intellectual Property Registration 81

Technology & Marketing Law Blog

JULY 3, 2021

The Fifth Circuit certified the following question to the Texas Supreme Court: Under Texas products-liability law, is Amazon a “seller” of third-party products sold on Amazon’s website when Amazon does not hold title to the product but controls the process of the transaction and delivery through Amazon’s Fulfillment by Amazon program?

Blogging 66

Blogging Marketing Marketing Law 66

TorrentFreak

MARCH 2, 2023

The “repeat infringer” issue remains a hot topic in U.S. The stakes are high in these liability lawsuits. courts, with ongoing lawsuits against several ISPs. Internet provider RCN is one of the companies targeted. The movie companies alleged that RCN wasn’t doing enough to stop subscribers from pirating on its network.

Privacy 126

Privacy Copyright Infringement Copying Copyright 126

TorrentFreak

MARCH 9, 2022

RCN focuses heavily on the piracy tracking evidence from Rightscorp but has also brought up another topic; the decision by major record labels to remove DRM from the iTunes music store in 2009. This decision was made two years before the timeframe covered in the piracy liability suit. Nonetheless, RCN believes that it is relevant.

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Music Copying Privacy Copyright Infringement 129

The IPKat

FEBRUARY 16, 2024

Policy debates in the US and the EU by Anna Pokrovskaya "Reviewing" the prior art The question of whether AI can be considered a person having ordinary skill in the art (PHOSITA) in a given field is a topic of significant debate in the policy realms of both the US and the EU.

Intellectual Property 120

Intellectual Property Intellectual Property Law Art Inventor 120

43(B)log

JUNE 29, 2023

Aggravated if, beyond public law regulation which allows smoothing of inner inconsistencies by nonenforcement, this becomes basis for private law liability. Joris van Hoboken: Intermediary liability part of DSA is well-known and there’s a lot of consistency with prior practice—DSA adds a few elements. Might be broken down by topic.

Law 52

Law Privacy Litigation Social Media 52

Technology & Marketing Law Blog

MAY 17, 2022

Liability would instead attach for Roblox’s own failure to disclose that it can delete previously purchased items with no warning. 15 years ago, one of the buzziest cyberlaw topics was ownership of assets in virtual worlds, like property acquisitions in Second Life. Section 230. Roblox invoked Section 230 as a defense.

Contracts 122

Contracts Publishing Licensing Editing 122

LexBlog IP

FEBRUARY 7, 2023

With fundamental issues of interpretation remaining pending before the CJEU – such as the meaning of “material” and “non-material” damage; and the imposition or otherwise of liability under Article 82 in the context of a hacking incident – the court used its inherent discretionary jurisdiction, to grant a stay.

Technology 52

Technology Intellectual Property 52

Intellectual Property Law Blog

MAY 2, 2023

This Guidance covers some important topics. Can the developer’s terms of service (TOS) effectively shift liability to the user as some try to do? One issue that companies need to consider is that the terms of service for many of these tools try to shift liability to users.

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Government Business Licensing Copyright 237

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. Second, it reiterates that a defective 512(c)(3) notice is categorically immune from creating liability under 512(f). Steiner * Vague Takedown Notice Targeting Facebook Page Results in Possible Liability–CrossFit v. And without a DMCA notice, § 512(f) does not apply.”

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Fair Use Cease and Desist Contracts Ownership 101