Copyright Lately

AUGUST 22, 2021

She issued an Order to Show Cause, ordering Dolezal to file papers explaining why the case should not be dismissed based on the Copyright Act’s fair use doctrine. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

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TorrentFreak

MAY 30, 2022

Over the past decade, mobile applications have become the standard platform for most people to consume content online. Whether it’s for shopping, news, or entertainment, there is a mobile app available for any type of content. This shift in consumption patterns is not limited to legal content; piracy has gone mobile as well.

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Technology & Marketing Law Blog

AUGUST 2, 2022

It’s an election year, and like clockwork, legislators around the country want to show they care about protecting kids online. This pre-election frenzy leads performative bills that won’t actually help any kids. The consequences depend on which the platforms choose to play it. What the Bill Says. Who’s Covered? .

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The IPKat

JULY 17, 2023

unless the complainant can show one of two things: That the challenged use has “no artistic relevance to the underlying work”; or That it “explicitly misleads as to the source or the content of the work.” Bad Spaniels (L), Jack Daniel's (R).

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SpicyIP

AUGUST 15, 2021

Topical Highlight. In this post , Varsha Jhavar analyses the Parliamentary Standing Committee Report ’s (hereinafter the Report) recommendations for ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. Ensuring Access to TB drugs: Is Compulsory License the Way?

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43(B)log

MARCH 25, 2024

Let’s just say that, five years ago, this would have struck me as an unlikely result, and in 2020 the decision to file in Texas would have been much less complicated; even in 2022, I would have expected the district court to be upheld. (It It returns to the district court for an APA challenge, about which I express no opinion.)

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The IPKat

AUGUST 4, 2021

Accordingly, the combination of several Hanzi in differing order could have vastly diverse meanings. On 29 November 2017, an individual named Seng Lei (‘Seng’) filed an application (No. 27792495) in class 30 for food products to the Trade Mark Office of China (TMO). The sign consists of three Chinese characters (shown below), i.e. Hanzi : ‘?

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SpicyIP

NOVEMBER 6, 2023

On February 1, 2023 the Zero Draft of the WHO’s proposed Pandemic Prevention, Preparedness and Response Accord was published by the Intergovernmental Negotiating Body. Bringing us up to date with the key aspects of the accord and the current stage of negotiations, we are pleased to bring to you a guest post by SpicyIP intern Arnav Laroria.

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Patently-O

FEBRUARY 24, 2022

Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled. 35 U.S.C. § Genentech, Inc. ,

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The IPKat

JULY 30, 2021

This claim is excluded insofar as, in light of the special circumstances of the specific case and the principles of good faith, it would cause the infringer or third parties disproportionate hardship, not warranted by the right to exclude. For his parting post, he returns to Germany and patent injunctions. here and here ].

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. The district court dismissed plaintiff’s complaint for failure to state a claim.

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SpicyIP

NOVEMBER 8, 2023

Image from here As October passed, Halloween festivities and the Day of the Dead provided a backdrop for contemplating the past. After all, reflecting on what’s passed helps us anticipate what’s ahead. This brings me to my Octobers’ sift – a sift that yielded some sinuous ​​IP stories. Those who tried to intervene, such as Diego A.

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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43(B)log

APRIL 12, 2024

A]dmissions counselors succumbed to the pressure and made deceptive statements to prospective students in order to boost their enrollment numbers and keep their jobs.” It imposed $22,375,782 in civil penalties. Of note, only a quarter of Ashford students graduated, and many defaulted on their student loans.

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TorrentFreak

SEPTEMBER 6, 2023

June and July Were Eventful Too In the wake of Bulgarian ISPs being ordered to block Zamunda and The Pirate Bay just a couple of weeks earlier, on June 14-15, the EU Intellectual Property Office (EUIPO) held its annual International IP Enforcement Summit. foreign partners to combat intellectual property crime. ” According to the U.S.

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SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. Nataraj, Ms.

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IP Copyright Trademark Intellectual Property 124

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.

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Technology & Marketing Law Blog

JULY 5, 2021

But New York’s common law unfair competition cause of action is “adaptable and capricious.” “It Trademarks and Domain Names. * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. ” * RVC Floor Decor, Ltd. Caraway has adequately pled trademark infringement with respect to these claims.”

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Technology & Marketing Law Blog

APRIL 30, 2022

The judge relies on Section 230(c)(2)(A) rather than Section 230(c)(1) to wipe away the preempted claims: Section 230 precludes liability for removing content and preventing content from being posted that the platform finds would cause its users harm, such as misinformation regarding COVID-19. Section 230.

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LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. Wikipedia), articles, and other information available on the Internet. How was ChatGPT trained?

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LexBlog IP

SEPTEMBER 29, 2022

So, there you go—Metro-Goldin-Mayer and Pennsylvania State University are two different entities each associated with a distinctive roar connected to their institution. They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ).

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Technology & Marketing Law Blog

NOVEMBER 1, 2021

He identifies two ways Section 230 can be improved: (1) Internet services should be required to honor court orders to remove content [Note: I’ve written 1k words why I don’t agree with that in this post (see point 4); and due process, the First Amendment, and the FRCP pertain this issue in addition to Section 230.] (2)

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

In cases where Director review was denied, the published decision took the form of a general order, bereft of substantive analysis, and resembled a Federal Circuit Rule 36 affirmance. After a heady 2020, 2021 proved to be a return to normalcy for the PTAB.

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LexBlog IP

JULY 21, 2021

The title of this piece tracks a common “ phrase of exasperation used to emphasize a question or statement.” ” If that be the case, and I think it is, then the subtitle implies the question this piece will address. ” That can mean rights to the name (or one of the names) itself. society at over $1 trillion annually.

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Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. As the GAO Report indicates (discussed below), FOSTA’s worst tragedy is that it has hurt multiple communities without any benefits to any victim communities. From a judicial standpoint, FOSTA’s terrible drafting has produced entirely predictable chaos in the courts.

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Blogging Reporting Publishing Law 119

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Legislation and Executive Orders Relating to Biologics and Biosimilars. Biosimilar Approvals and Launches in 2021. Biosimilar Regulatory Updates. 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.

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SpicyIP

APRIL 21, 2023

While the spike should not be a cause of concern owing to a proper vaccination run (also see here for the number of doses administered), elsewhere, experts and delegates are still engaged in negotiations over a possible extension of the TRIPS waiver to medical supplies and pharmaceuticals products.

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The IPKat

JULY 20, 2021

He suggests stronger reliance on the public order and morality exception [in the EU: Art. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship. Now that piques the interest, and the work of these "scholars at large" does not disappoint. here or here ].

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Technology & Marketing Law Blog

MAY 5, 2024

The topic is a doctrinal morass because many details can affect the analysis. What topics does the account discuss? The Supreme Court’s Test The court unanimously holds: When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private.

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Technology & Marketing Law Blog

DECEMBER 30, 2021

The district court enjoined the law , and Florida appealed to the 11th Circuit. In my last post , I recapped Florida’s appeal brief and the supporting amicus briefs. In this post, I’ll recap highlights from the appellees’ brief, the supporting amicus briefs, and Florida’s reply brief. (At ends up helping Florida.

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Technology & Marketing Law Blog

SEPTEMBER 21, 2022

[This is a 6k+ word blog post that was joyless to write and most likely will be joyless to read.]. If you want a distillation of this decision, consider this line: “Far from justifying pre-enforcement facial invalidation, the Platforms’ obsession with terrorists and Nazis proves the opposite.” Background.

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Technology & Marketing Law Blog

DECEMBER 1, 2022

The only question here is whether federal courts are authorized to legally forbid one from doing so in these circumstances…I conclude they are not… Plaintiff’s claims are barred by sovereign immunity and for lack of a judicially cognizable cause of action. Boebert , No. 1:21-cv-00147-DDD (D. This cannot be the right outcome.

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