Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” “While not entirely on topic, this comment also abided by the page’s terms and conditions.” ” The Facebook page administrator initially deleted the comment.

Social Media 107

Social Media Government Designs Design 107

The IPKat

DECEMBER 22, 2023

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. There are many misconceptions and confusions with regards to G 2/21 , not least its relevance to the slippery concept of plausibility.

Invention 110

Invention Inventor Patent Law 110

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. Is this technically plausible?

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

The IPKat

MARCH 24, 2023

In G 2/21 , the EBA consciously avoids the rabbit hole of plausibility, dismissing it as a generic catch word that does not amount to a distinctive legal concept. For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

Invention 131

Invention Publishing Patent Art 131

Patently-O

OCTOBER 17, 2022

Perhaps the court should have checked the prior portion of this very opinion where it discounted mere attorney argument on the same topic. Here, the court notes that the inventive concept comes from tying searches to a third party “reference individual” whose location history is similar to the party doing an internet search.

Patent 70

Patent Invention Journalism Inventor 70

The IPKat

FEBRUARY 24, 2023

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. Establishing the plausibility of an invention is often considered a higher bar than the standard sufficiency test.

Invention 131

Invention Law Patent Publishing 131

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Michael Geist

APRIL 6, 2022

If the standard is facilitating access to news content by any means, then simply linking to a news site itself would seem to qualify. The standards of approval extend far beyond “fair compensation” to also include: (ii) they ensure that an appropriate portion of the compensation will be used by the news businesses.

Government 99

Government Business Journalism Marketing 99

Technology & Marketing Law Blog

AUGUST 21, 2023

The court says: “the plaintiffs must do more than gesture at plausible ideas in the abstract. That topic is expressly at issue in the FLA and TX social media censorship cases). [Tip to YouTube: PLEASE PLEASE PLEASE DELETE THIS LANGUAGE FROM YOUR COMMUNITY GUIDELINES IF YOU HAVEN’T ALREADY DONE SO.] Case citation : Newman v.

Contracts 84

Contracts Social Media Blogging Law 84

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Might be broken down by topic. Take on the known unknowns at least.

Law 52

Law Privacy Litigation Social Media 52

43(B)log

FEBRUARY 16, 2024

The court there was deciding the extent of the Lanham Act’s extraterritorial application, but in the course of their reasoning, several opinions said things about standard trademark use, some of which were embarrassing but at least one majority holding of which has potentially broad implications especially in interaction with Jack Daniel’s.

Trademark 59

Trademark Fair Use Registration False Advertising 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., But defendants were plausibly direct competitors because they all “sell lidocaine patches that treat pain through the skin.” “A

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

APRIL 30, 2022

Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. ” The promissory estoppel claim is properly pled too: “Twitter established a policy that set out standards for account suspension for posting COVID-19 misinformation. .” ” Lanham Act.

Social Media 106

Social Media Contracts Government Publishing 106

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. On appeal, plaintiff argued that the district court did not correctly apply the plausibility standard under the DTSA. There have been some noteworthy recent decisions in trade secrets law. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. The court’s application of its legal standards reinforces how hard it will be for plaintiffs to find a way around this.

Social Media 137

Social Media Law Fair Use Blogging 137

The IP Law Blog

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. The Ninth Circuit resolved this difference by concluding that a plaintiff can only take advantage of FOSTA’s exception to section 230 immunity by “plausibly alleging that the website’s own conduct violation section 1591.”.

Law 96

Law Advertising Advertising Litigation 96

LexBlog IP

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. However, as the Ninth Circuit recognized “the standard for beneficiary liability. Reddit, Inc. The plaintiffs in Jane Does v. .”

Advertising 52

Advertising Advertising Litigation Law 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. Thus, it’s “plausible that Defendants had ‘a continuous business relationship’ with traffickers and Plaintiff’s ex-boyfriend, and that Defendants and traffickers ‘have established a pattern of conduct or could be said to have a tacit agreement.'”

Blogging 119

Blogging Reporting Publishing Law 119

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., In re Humira (Adalimumab) Antitrust Litig. , 3d 811 (N.D.

Litigation 52

Litigation Settlement Patent Marketing 52