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. Du * 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. ” Cite to ISE v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

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. ” As a result, Dropbox’s arbitration motion fails because the arbitration clause never became part of the Dropbox TOS for Sifuentes. .” Why so long?

Contracts 108

Contracts Blogging Business Law 108

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. In this article series, you’ll find valuable information on building and maintaining a career in the creative space. Want to work full-time for a creative agency but aren’t sure which is right for you?

Graphic Design 52

Graphic Design Designs Design Web Design 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. § FMC used the District Court’s claim construction as the basis for a motion for summary judgment of noninfringement, which OneSubsea opposed. FMC’s accused device].

IP 130

IP Litigation Patent Law 130

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

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. at 914; see also ResMan, LLC v. Karya Prop.

Law 59

Law Confidentiality Designs Design 59

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 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. The board says the unregistrable emoji animations “include a familiar heart design and some very minimal amount of motion, which is de minimis and thus unprotectable by U.S.

Copyright 117

Copyright Registration Fair Use Designs 117

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. § ” FMC used the District Court’s claim construction as the basis for a motion for summary judgment of noninfringement, which OneSubsea opposed. .”

IP 52

IP Litigation Patent Law 52

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. After Arvin De La Santos restreamed the Jake Paul vs. Ben Askren fight on his YourEXTRA YouTube channel in April 2021, Triller filed a DMCA notice and YouTube removed the content. Neither Side Gives Ground.

Copyright Infringement 123

Copyright Infringement Copyright Settlement Reporting 123

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. There is room for improvement on both.

Copyright 138

Copyright Fair Use Copyright Law Law 138

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. It’s nice to see the judge distinguish erroneous and bad-faith applications of content moderation policies, especially on a motion to dismiss. Berenson sued Twitter. Section 230.

Social Media 107

Social Media Contracts Government Publishing 107

Technology & Marketing Law Blog

JANUARY 9, 2024

The court rejects most of Snapchat’s motion to dismiss. 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. ”) as a defective product. As indicated by Doe II v.

Publishing 76

Publishing Designs Design Law 76

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 75

Copying Ownership Derivative Work Contracts 75

LexBlog IP

NOVEMBER 11, 2022

District Court for the Southern District of Texas held that “proof of ‘use’ often depends upon circumstantial evidence” and found that the circumstantial evidence presented to him was sufficient to deny the defendants’ motion for summary judgment. million verdict against Ford Motor Co. The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Technology & Marketing Law Blog

AUGUST 30, 2021

By Guest Blogger Tyler Ochoa. Last week, the U.S. The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.”

Blogging 84

Blogging Copyright Settlement Music 84

Technology & Marketing Law Blog

APRIL 27, 2022

Mostly, the judge accepts the R&R with only minor deviations favorable to Craigslist, ending some of the lawsuit and leaving plenty of topics for further proceedings. Section 230 immunizes the negligence and strict liability claims against Craigslist. s trafficking.”

Blogging 104

Blogging Law Publishing Editing 104

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

SEPTEMBER 29, 2022

G Warren Bleeker and Mike Koplow, Can you trademark sounds, smells, colours, motions and flavours? Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23).

Trademark 52

Trademark Registration Music Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. This ruling conflicts with the more recent reconsidered JB ruling, something the court expressly addresses in its reconsideration motion discussed below. For more background, read my primer about FOSTA and 230. THE MINDGEEK LITIGATION. Ruling #1: Doe v. Mindgeek USA Inc.

Blogging 120

Blogging Reporting Publishing Law 120

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. Download a PDF.

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

MARCH 12, 2023

Can a pleading citing “information and belief” for its allegations of misappropriation survive a motion to dismiss under Rule 12(b)(6)? In a post for Patently-O , Peter describes how the TSCMJG came into existence. Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too.

Blogging 52

Blogging Litigation Ownership Reporting 52

Copyright Lately

MAY 13, 2022

Even worse, most of them simply reported Hawley’s talking points as if they were fact, leaving the average reader not only thinking the bill is a legitimate attempt to legislate, but also with a totally skewed sense of what it all actually means. The good news is that it’s never too late to set the record straight.

Reporting 121

Reporting Copyright Public Domain Marketing 121

Technology & Marketing Law Blog

MAY 8, 2022

” As a result, it denies leave to amend (unless his FOIA request reveals something good). Account Suspension Lawsuit Against Twitter Survives Motion to Dismiss–Berenson v. Both Facebook and Twitter restricted Hart’s account access due to various posts over COVID, masking, and other culture war issues. Joint Action.

Social Media 96

Social Media Government Publishing Blogging 96

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Dissolving the injunction changed the status quo, but the panel didn’t explain why, leaving the plaintiffs with no clear basis of an appeal. The Texas law went to the Fifth Circuit, a well-known graveyard for the rule of law, and in May 2022 the panel reversed the injunction without issuing an opinion explaining why.

Social Media 137

Social Media Publishing Law Blogging 137