Technology & Marketing Law Blog

NOVEMBER 20, 2022

For this reason, the undersigned agrees with the other district courts that have rejected CDA immunity for analogous services at the pleadings stage [cites to Kellman and Bonilla ]. Publicity Rights Claim. The Court agrees.

Advertising 104

Advertising Advertising Blogging Reporting 104

Technology & Marketing Law Blog

FEBRUARY 17, 2022

The court gives the plaintiffs a chance to amend their complaint but says it’s “skeptical” they can plead a successful case here. Also see: Emojis and the Law , my flagship paper on the topic with a section on copyright protection for emojis. Emojis and Intellectual Property , a brief and breezy survey of the topic.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

LexBlog IP

JANUARY 10, 2024

Trade Secret Misappropriation: Explore significant recent decisions, covering critical aspects such as damages, fees, misappropriation, and pleading standards, including state and Defend Trade Secrets Act decisions.

IP 52

IP Business Law Intellectual Property 52

Trading Secrets

JANUARY 13, 2023

Seyfarth attorneys, Michael Wexler, Robert Milligan, and Joshua Salinas will address the following topics: . Recent significant trade secret misappropriation decisions concerning damages, fees, and pleading. Plus, they will provide predictions for what to expect in 2023. The Defend Trade Secrets Act and tips for navigating the law.

Editing 59

Editing Copying Business Law 59

Technology & Marketing Law Blog

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. ” (Unfortunately, the court gratuitously added that “it is generally disfavored for copyright claims to be dismissed for lack of substantial similarity at the pleading stage.” Previous blog post.

Copyright 76

Copyright Blogging Music Copying 76

LexBlog IP

JANUARY 13, 2023

Seyfarth attorneys, Michael Wexler, Robert Milligan, and Joshua Salinas will address the following topics: Significant new legislation for non-competes and other restrictive covenants and related court decisions that may affect their enforcement. Plus, they will provide predictions for what to expect in 2023.

Editing 52

Editing Copying Business Law 52

Trading Secrets

JANUARY 13, 2022

Seyfarth attorneys Michael Wexler, Robert Milligan, and James Yu will address the following topics: Significant new legislation on non-compete and other restrictive covenants and related court decisions that may impact their enforcement. Recent significant trade secret misappropriation decisions concerning damages, fees, and pleading.

Marketing 59

Marketing Marketing Law Intellectual Property 59

LexBlog IP

JANUARY 13, 2022

Seyfarth attorneys Michael Wexler, Robert Milligan, and James Yu will address the following topics: Significant new legislation on non-compete and other restrictive covenants and related court decisions that may impact their enforcement. Recent significant trade secret misappropriation decisions concerning damages, fees, and pleading.

Marketing 52

Marketing Marketing Law Intellectual Property 52

TorrentFreak

JANUARY 15, 2024

After the miniseries was seen by millions earlier this month, private prosecutions – which allow alleged victims of crime to prosecute their own criminal cases – are now a topic of national debate. As a result, the government is under pressure to act against what some believe is an emerging two-tier justice system.

Copyright 84

Copyright Branding Brands Branding 84

The IPKat

MAY 12, 2024

Over to the team : "Introduction: the UPC shapes its confidentiality regime Confidentiality can be a sensitive topic for parties involved in legal proceedings. When a request to make written pleadings and evidence available to a member of the public is made pursuant to R.262.1(b)

Confidentiality 62

Confidentiality Art Patent Patent Application 62

Technology & Marketing Law Blog

JANUARY 13, 2022

No well-pleaded facts suggest that Omegle had actual knowledge of the sex trafficking venture involving C.H. I will have more to say on this topic in a very lengthy FOSTA roundup blog post stuck in my queue. ” Publisher/Speaker Claims. or that Omegle had an active participation in the venture.” ” Cite to Doe v.

Blogging 88

Blogging Publishing Reporting Editing 88

LexBlog IP

NOVEMBER 17, 2023

While many of these lawsuits are in the initial stages of litigation, defendants are sure to assert “fair use” and constitutional defenses should plaintiffs’ claims survive pleadings. ” Id. at ¶ 10. ” Id. at ¶ 78.

Music 52

Music Copyright Infringement Publishing Copyright 52

IPilogue

NOVEMBER 17, 2021

Much like the case of Jolie, the sweaters quickly became a topic of controversy , as the Cowichan Tribes of Vancouver Island alleged the sweater designs had been appropriated from one of their traditional designs. R & T Textiles admitted they infringed Bulun Bulun’s work but pleaded ignorance and pulled the shirts from their shelves.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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

The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? Background In 2016, Verstappen featured in a TV commercial for Dutch supermarket chain Jumbo.

Law 70

Law Copyright Law Advertising Advertising 70

Technology & Marketing Law Blog

MAY 8, 2022

Finally, even if Hart had plausibly pleaded that the Federal Defendants exercised coercive power over the companies’ misinformation policies, he still fails to specifically allege that they coerced action as to him.

Social Media 95

Social Media Government Publishing Blogging 95

Technology & Marketing Law Blog

AUGUST 21, 2023

Or perhaps there is no way for plaintiffs to plead discrimination without smoking-gun evidence of individual discriminatory decisions. That topic is expressly at issue in the FLA and TX social media censorship cases). I also question if the law can restrict publishers’ ability to discriminate in their editorial decisions.

Contracts 84

Contracts Social Media Blogging Law 84

Technology & Marketing Law Blog

MAY 13, 2024

I agree with the court on this, but it seems inconsistent with some other recent opinions that found that a TTC claim had been properly pleaded, despite threadbare allegations. Twitter’s complaint contained no allegations of such impairment or deprivation, according to the court.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. This denial is sufficient to bar judgment on the pleadings on this cause of action. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. And without a DMCA notice, § 512(f) does not apply.” ” Cite to ISE v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. .’’ Accordingly, this notice is meant to address the duty of disclosure and the duty of reasonable inquiry as it relates to the material submitted or received from other governmental agencies. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. Wrestling with what you need to plead to ensure that your DTSA claim satisfies the interstate commerce requirement? Diamond , which lays out the particulars required to satisfy that pleading requirement.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

FWIW, I raised this issue as a possible paper topic in 2008. Plaintiff’s claim is not preempted by the Copyright Act at this stage of the pleadings because his allegations qualitatively distinguish his IPRA claim from the rights protected by the Copyright Act. Copyright Preemption.

Advertising 90

Advertising Advertising Social Media Blogging 90

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)? the Eighth Circuit joined six other federal circuits that found this form of pleading to be sufficient. § 256 was premature because no patents had yet issued. In Ahern Rentals, Inc.

Blogging 52

Blogging Litigation Ownership Reporting 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). ” The court concludes “Plaintiffs have alleged enough likelihood of confusion to make it past the pleading stage.” There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. ” (How about this: let’s not).

Advertising 98

Advertising Advertising Trademark Settlement 98

SpicyIP

AUGUST 30, 2021

Topical Highlight. She suggests that the IPD Rules should provide for penalties for bad faith conduct of parties such as filing frivolous applications and pleadings which unnecessarily draw out the proceedings. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off. Cipla Ltd. ,

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

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. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. ” Finally, the complaint pleads actual knowledge by the defendant. The plaintiffs didn’t initially plead a 1595 case. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *. THE MINDGEEK LITIGATION.

Blogging 119

Blogging Reporting Publishing Law 119

Technology & Marketing Law Blog

JANUARY 28, 2022

Our first post on this topic, blogging the dispute over the @OMGFacts Twitter account , was over ten years ago!) Finally, in a footnote, he notes that he doesn’t want to speculate about the possibility that the injunction can be modified to provide for “joint management and control” of the Instagram account.

Social Media 89

Social Media Ownership Contracts Privacy 89

Technology & Marketing Law Blog

MAY 2, 2022

Contact me if you are willing to teach this topic to my Internet Law students, because today I have no clue how to help them understand the CFAA. Judge Denies Facebook’s Request for Judgment on the Pleadings and Strikes Power.com Counterclaims — Facebook v. As my list of open issues shows, we know very little about the CFAA right now.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

NOVEMBER 11, 2022

Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal. Fisher & Phillips’ David Walton provides a five-step action plan for making sure your bases are covered if you are filing a claim under the DTSA. Is there a circuit split on the enforceability of forum selection clauses?

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Trading Secrets

DECEMBER 29, 2022

In addition to the differences in definitions and forms of relief, properly pleading a DTSA claim gives rise to federal jurisdiction, which allows for filing in removal to federal court and subjects the proceedings the Federal Rules of Civil Procedure instead of Texas Rules of Civil Procedure.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

In addition to the differences in definitions and forms of relief, properly pleading a DTSA claim gives rise to federal jurisdiction, which allows for filing in removal to federal court and subjects the proceedings the Federal Rules of Civil Procedure instead of Texas Rules of Civil Procedure.

Confidentiality 40

Confidentiality Business Law Contracts 40

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. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

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., Alvotech hf. See -2289 Dkt.

Litigation 52

Litigation Settlement Patent Marketing 52

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. Even so, I was confused about the court’s position here.

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. Although Goldsmith’s lawyers pleaded the discovery rule ( id. Such result-oriented reasoning is usually considered improper, but arguably it is appropriate when the statutory question is whether or not a particular use is “fair.”) [Eric’s comment: I note Prof. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95