43(B)log

APRIL 26, 2022

MaxRelief USA, Inc., 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. Painaway Australia Pty Limited ACN 151 146 977 v. 2022 WL 1028024, No. 18-3854 (E.D.

Television 72

Television Social Media Advertising Advertising 72

SpicyIP

JANUARY 20, 2024

While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,”

Government 112

Government IP Intellectual Property Reporting 112

LexBlog IP

APRIL 29, 2022

We made it to the 11 th public commission meeting. So, for today’s meeting, the first substantive topic was possible amendments to the TSR, and this, oddly enough, brings us back to 2014, which is also the year that Macklemore beat out Kendrick Lamar and Ed Sheeran for Best New Artist at the Grammys.

Business 52

Business Law Litigation Marketing 52

IPilogue

MARCH 11, 2022

On International Women’s Day in Odessa, Ukraine, soldiers bought friends and family flowers despite the fear of an imminent Russian attack. Soldier Dmitriy bought pink and yellow tulips for female soldiers, while flower vendor Alena tied a bouquet of blue and yellow tulips in honour of the Ukrainian colours. Flowers and Female Ukrainian Artists.

Art 105

Art Artistic Work Designs Design 105

The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

IP 76

IP Marketing Marketing Confidentiality 76

The IPKat

JUNE 25, 2021

Rooksby, Dean and Professor of Law, Gonzaga University School of Law, Spokane, Washington, USA: Overview of the book The book was written by a variety of leading experts from around the world. He also has over 200 short papers on various aspects of IP published. The book offers great insights into this area and its practical implications.

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

LexBlog IP

FEBRUARY 23, 2023

DRIVE SAFELY for cars, THINK GREEN for recyclable products, and PROUDLY MADE IN THE USA for razors are all commonly used phrases and readily convey information about the corresponding goods. Melissa Viviane Jefferson, better known by her stage name Lizzo, popularized the phrase 100% THAT B H in her hit song “Truth Hurts.”

Trademark 40

Trademark Music Registration Patent 40

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Joseph Lewczak: FTC v. FTC does not want disclosure below the “more” expansion link, if any; it has to be above so anyone will see it even if they don’t seek out more info.

Advertising 40

Advertising Advertising Law Privacy 40

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). Most of the discussion over the year has been on what kind of IP assets could be protected.

Designs 70

Designs Design Patent IP 70

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Randomness (don’t bother with these): 2 Cases.

Patent Law 125

Patent Law Law Patent Invention 125

43(B)log

MARCH 25, 2024

21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. It returns to the district court for an APA challenge, about which I express no opinion.)

Advertising 64

Advertising Advertising Social Media Government 64

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

The IPKat

DECEMBER 21, 2021

This was the product of extensive fieldwork conducted with cultural institutions (archives, galleries, libraries, museums and industry peak bodies) in Australia, Canada, the UK and the USA over 15 years examining how such bodies apply such provisions in practice and the lessons that can be learned by policy makers.

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. ChatGPT is an artificial intelligence (AI) model developed by OpenAI. In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. early 2022).

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Technology & Marketing Law Blog

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

DECEMBER 26, 2023

Mindgeek USA, Inc., ” * Doe v. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. March 31, 2021). Arizona’s mugshot statute preempted by Section 230. 2023 WL 5017711 (D. Where the motion to dismiss concerns questions of law, additional discovery is not required. Puppies, 2020 Ariz. LEXIS 851 (Az. Superior Ct.

Publishing 85

Publishing Law Marketing Marketing 85

SpicyIP

AUGUST 30, 2021

Topical Highlight. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off. In this guest post , Kedar Ganesh Dhargalkar analyses the recent case of Sun Pharmaceuticals Industries Ltd. Cipla Ltd. , Cipla Ltd. , The Defendant Sun Pharmaceuticals Industries Ltd. allegedly infringed the Plaintiff Cipla Ltd.’s

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Mindgeek USA Inc. The number #1 question I get whenever I discuss FOSTA with folks who aren’t familiar with it: did Congress know what it was doing? Well, the answer is complicated. For more background, read my primer about FOSTA and 230. THE MINDGEEK LITIGATION.

Blogging 119

Blogging Reporting Publishing Law 119

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. Arthrex, Inc.,

Reporting 52

Reporting Art Invention Patent 52

Herbert Smith Freehills

MAY 31, 2022

Colleagues from across our global network share their journeys as members of the LGBT+ community or allies. Sharif Abousaada. (He/Him) He/Him) | Of Counsel, Paris. Sharif Abousaada, Of Counsel in our Paris office, shares how he and his husband navigated complex practical and legal challenges as part of their journey to becoming parents. .

Music 52

Music Law Business Contracts 52

Herbert Smith Freehills

MAY 31, 2022

Colleagues from across our global network share their journeys, as members of the LGBT+ community or allies. They have centred their piece around something or someone they consider an important part of that. Sharif Abousaada. (He/Him) He/Him) | Of Counsel, Paris. Thibaut and I married in 2017. At least in theory.

Music 52

Music Law Contracts Government 52