The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). As us trade mark lawyers know well, first instance decisions are rarely overturned absent an error of law or principle. Appeal dismissed. You’ll be asking, “but why?”, He concluded: yes!

Editing 70

Editing Registration Branding Brands 70

Technology & Marketing Law Blog

JANUARY 9, 2024

To buttress its assessment that the plaintiffs are suing over first-party design and not third-party content, the court says: a “but for”/”based on”/”flows from” test is not consistent with a plain meaning analysis of the words Congress chose to employ. This is a typical error by 1L students.

Publishing 75

Publishing Designs Design Law 75

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. In granting AWF’s summary judgment motion, the district court held that it “need not address” whether the works were substantially similar, “because it is plain that the Prince Series works are protected by fair use.” Before 2020, the Supreme Court decided only four fair use cases.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

JANUARY 23, 2024

” That is, particularly when claiming a broad genus of antibodies, the specification cannot be a research assignment to engage in trial and error as to the recited claim scope. The USPTO is now committed to providing clarity on these topics in In re Xencor.

Invention 52

Invention Art Law Technology 52

Technology & Marketing Law Blog

DECEMBER 30, 2021

Those points get some engagement throughout the briefs, but each of them merited a standalone brief rather than the overlapping pileup on other topics. Preliminary injunction brief (if you get an error message downloading one of the files below, hit refresh). Such a law plainly triggers (and flunks) strict scrutiny. RCFP et al.

Social Media 111

Social Media Law Privacy Blogging 111

LexBlog IP

OCTOBER 31, 2022

Independent evaluation and plain language reporting in the form of an algorithmic impact assessment, including disparity testing results and mitigation information, should be performed and made public whenever possible to confirm these protections. Applying the Blueprint for an AI Bill of Rights.

Privacy 52

Privacy Designs Design Government 52