43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. I don’t love Justice Edelman’s approach that a Facebook accountholder “publishes” any third-party comments that are within the topical scope of the initial post.

Publishing 98

Publishing Social Media Blogging Law 98

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). Competitive proximity. ContextLogic. * The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts). * Another Court Says Competitive Keyword Advertising Doesn’t Cause Confusion. * Competitive Keyword Advertising Doesn’t Show Bad Intent–ONEpul v.

Advertising 99

Advertising Advertising Trademark Settlement 99

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. They survive other than the 2258A claim (it doesn’t support a private right of action, the 17200 claim (insufficient allegation of financial loss), and unjust enrichment (the court believes it’s not a separate cause of action–a point of significant confusion).

Blogging 120

Blogging Reporting Publishing Law 120

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. For step 3, using the reward model, OpenAI fine-tuned its model using its Proximal Policy Optimization (PPO) , which is OpenAI’s reinforcement learning algorithm, over several iterations. Again caveat emptor.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

JIPL Online

NOVEMBER 1, 2021

Mod creators’ hesitancy to fight against copyright holders leads to a lack of caselaw resolving the topic. Long, Reasonable Approximation and Proximate Cause: How the Disgorgement Elements Are Bound Together , 12 Liberty U.L. Donation based mods have existed in a grey area with few definite boundaries. Formgen Inc., 36] Micah J.

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Factor 2: proximity of the court’s trial date to the Board’s projected statutory deadline – Neutral. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. Here, the trial is scheduled to begin around the same time as our deadline to reach a final decision.

Reporting 52

Reporting Art Invention Patent 52