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. Sharktech’s Motion to Dismiss. In July, it filed a motion to dismiss the case for failure to state a claim. courts as well. Lawsuits Target VPN Piracy. Blocking Pirate Sites.

Copyright 139

Copyright Settlement Confidentiality IP 139

Technology & Marketing Law Blog

AUGUST 14, 2022

Therefore, at the motion to dismiss stage, the Court cannot conclude as a matter of law that Jack adopted the content of the tweet and was therefore calling himself a member of the QAnon movement by using the word “we.” This retweet will surely be a key topic in CNN’s deposition of Jack. However, the court says retweets

Law 111

Law Social Media Reporting Government 111

Technology & Marketing Law Blog

OCTOBER 12, 2022

The court grants Facebook’s motion to dismiss AND anti-SLAPP motion, meaning that Stossel will be writing a check for tens of thousands of dollars to Facebook. ” Anti-SLAPP Motion. ” Anti-SLAPP Motion. The Fire Video. See, e.g., this post. The Alarmist Video. ” Implications.

Litigation 131

Litigation Advertising Advertising Blogging 131

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. The Rogers test has been widely adopted by other circuits, including California’s Ninth Circuit. On June 8, 2023, the United States Supreme Court decided on Jack Daniel’s Properties, Inc. In Punchbowl Inc.

Television 113

Television Trademark Law Registration 113

TorrentFreak

DECEMBER 13, 2022

Following an ex parte motion at the Federal Court, on June 28 Justice Vanessa Rochester granted an Interim Order consisting of an interim injunction against the defendants, an Anton Piller order authorizing zero-warning searches and evidence seizures, plus other ancillary orders. When users of popular IPTV provider SmoothStreams.tv

Television 121

Television Reporting Copyright Infringement Law 121

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. . * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m going to focus on the 512(f) claim. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Technology & Marketing Law Blog

NOVEMBER 20, 2022

The court denies Seamless’ motion to dismiss. Section 230. Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.” The Court agrees…Here, Defendant is not alleged to have merely hosted user-created contact. Publicity Rights Claim.

Advertising 103

Advertising Advertising Blogging Reporting 103

The IPKat

JULY 23, 2023

This year's conference focuses on the topic "L’immatériel et le matériel en propriété intellectuelle" (if you could not work it out, that means "The immaterial and the material in intellectual property"). The conference is free, but registration is required, which closes on 25 September 2023. You can read more here.

Confidentiality 52

Confidentiality Artwork Registration Intellectual Property 52

TorrentFreak

MAY 16, 2022

Kevin McFree’ (not his real name) is the creator of the ‘Dubtown’ series of stop-motion Lego animations that take place in a fictitious Jehovah’s Witness town. McFree filed a motion to quash, arguing that any use of Watch Tower material was protected under the doctrine of fair use. DMCA Subpoenas Are Cheap and Powerful.

Fair Use 119

Fair Use Copyright Litigation Music 119

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context. McGucken v.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

LexBlog IP

FEBRUARY 1, 2024

AJ Press operates Punchbowl News, a subscription-based online news publication that covers topics in American government and politics. The Rogers test has been widely adopted by other circuits, including California’s Ninth Circuit. On June 8, 2023, the United States Supreme Court decided on Jack Daniel’s Properties, Inc.

Television 52

Television Trademark Registration Government 52

Patently-O

OCTOBER 17, 2022

12(b)(6) motion to dismiss with a holding from the district court that the asserted claims are ineligible under 35 U.S.C. § by Dennis Crouch. I’m always excited to read a decision that splits hairs–finding some claims in a patent valid and others invalid. But, Google won the case fairly quickly on a R.12(b)(6)

Patent 72

Patent Invention Journalism Inventor 72

LexBlog IP

MARCH 6, 2023

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. . § The authors will be following up on this topic with an article analyzing the reasoning once we have more fully reviewed the transcript. and Lifted Ltd.,

Litigation 52

Litigation Patent Design Patent Patent Application 52

IPilogue

DECEMBER 10, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. The defendants moved to dismiss the complaint altogether on forum non conveniens , arguing that the U.K. Background. In 1949, C.W. Scott-Giles created an illustration called Upper Hell. It was published in the U.K. as part of Dorothy L.

Copyright Infringement 111

Copyright Infringement Copyright Public Domain Ownership 111

Kluwer Copyright Blog

JUNE 30, 2021

The United States District Court for the Southern District of New York (‘District Court’) held that the defendants’ use of the song was fair use and granted the motion to dismiss the claims. On appeal, on 18 May 2021 the US Court of Appeals for the Second Circuit (‘Second Circuit’) upheld the District Court’s decision. Background.

Fair Use 103

Fair Use Copyright Law Copyright Law 103

Velocity of Content

AUGUST 19, 2021

CCB proceedings generally will not include formal motions unless requested by the parties or the CCB. In the second , I looked at the group registration procedures – recently made available by the US Copyright Office – which are specifically useful to bloggers and to managers of blog sites. There will be streamlined procedures.

Copyright 105

Copyright Social Media Blogging Registration 105

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling. Viability of hiQ’s Tortious Interference Claim : The court again finds hiQ’s tortious interference claims viable.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

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. The district court dismissed plaintiff’s complaint for failure to state a claim. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Velocity of Content

JANUARY 12, 2024

Constitution—because books singled out for removal are “disproportionately by non-white and/or LGBTQ+ authors” and often address “themes or topics” related to race or the LGBTQ community. Kent Wetherell denied a motion filed by lawyers for the Escambia County School Board to dismiss the case.

Publishing 85

Publishing Reporting Copyright Law 85

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. Section 230.

Social Media 105

Social Media Contracts Government Publishing 105

43(B)log

FEBRUARY 16, 2024

I’m going to start by going back to some earlier cases, Two Pesos v. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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

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. YouTube is one of the most successful sites ever to grace the internet. The site is extremely easy to use and with almost no barriers to entry, it’s one of the best platforms to build an audience.

Copyright Infringement 120

Copyright Infringement Copyright Settlement Reporting 120

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

Technology & Marketing Law Blog

JULY 5, 2021

9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. Trademarks and Domain Names. * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. ” * RVC Floor Decor, Ltd.

IP 85

IP Social Media Fair Use Branding 85

Technology & Marketing Law Blog

DECEMBER 26, 2023

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Superior Ct.

Publishing 84

Publishing Law Marketing Marketing 84

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. Google ) and California Supreme Court. The venerable Barrett v.

Publishing 74

Publishing Designs Design Law 74

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 73

Copying Ownership Derivative Work Contracts 73

43(B)log

NOVEMBER 9, 2023

1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of treatment of addiction and intoxication for decades.” One of Gust’s students was Daily, the founder of defendant RHCS (now owned by Sierra); when he passed away, his wife—also a defendant—took over.

False Advertising 64

False Advertising Advertising Advertising Copying 64

LexBlog IP

NOVEMBER 11, 2022

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 million for Ford’s breach of contract.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

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. Flo & Eddie, Inc.

Blogging 82

Blogging Copyright Settlement Music 82

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. This also involves using © rights in appropriate ways. Worth elaborating.

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Technology & Marketing Law Blog

JANUARY 13, 2022

Omegle moved to dismiss on Section 230 grounds, which the court grants. I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. ” For this reason, the complaint was dismissed with prejudice. ICS Provider. ” Publisher/Speaker Claims. ” Third-Party Content. 10, 2022).

Blogging 87

Blogging Publishing Reporting Editing 87

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. 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.

Blogging 103

Blogging Law Publishing Editing 103

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Biosimilar Approvals and Launches in 2021. Biosimilar Regulatory Updates. Legislation and Executive Orders Relating to Biologics and Biosimilars. BPCIA Litigation. Antitrust and Competition. Post-Grant Challenges at the PTAB. Conclusion. Biosimilar Approvals and Launches in 2021. Amgen’s Riabni ™ (rituximab-arrx) launched in January 2021.

Litigation 52

Litigation Settlement Patent Marketing 52