43(B)log

MARCH 25, 2024

showing that the graphic warnings will ‘directly advance’ [FDA’s] interest in reducing the number of Americans who smoke.” 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! It returns to the district court for an APA challenge, about which I express no opinion.)

Advertising 64

Advertising Advertising Social Media Government 64

The IPKat

SEPTEMBER 5, 2023

SECTION 3 – ALLEGATIONS REGARDING CONDUCT The final main section of the Judgment is on the allegations regarding conduct of the parties. The Judge awarded interest on the principle sum, because if Lenovo had been under a running royalty licence they would have made four payments annually, each one shortly after the end of each quarter ([21]).

Technology 67

Technology Publishing Reporting Marketing 67

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. In this case, the aggrieved party shall be granted a reasonable monetary compensation.

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Biswajit Sarkar Copyright Blog

JULY 11, 2022

Due to the varied jurisdiction and the different rules that will be used, the parties to IP issues at the international level may be unable to file a court case. One of the most contentious topics in arbitration is the arbitrability of IP disputes. and Real Value Appliance Pvt. Arbitration in Intellectual Property.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

SpicyIP

JANUARY 17, 2022

Lokesh Vyas writes in with a post pondering the existence of a ‘right to research’ (r2r) in India. The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. You can find his earlier posts for us here. Lokesh Vyas.

Copyright Law 119

Copyright Law Copyright Law Art 119

IP and Legal Filings

MARCH 23, 2023

1] This voting method evolved in “response to societal requirements, and proxy advisory firms emerged as third-party consultants that offered professional counsel and recommendations on whether to vote “for” or “against” the motion taken in the company.

Government 88

Government Marketing Marketing Business 88

Patently-O

OCTOBER 17, 2022

I’m always excited to read a decision that splits hairs–finding some claims in a patent valid and others invalid. My hope is that the explanation will really get to the crux of the issues and help me to better understand how the law works. I’m often disappointed, but the Federal Circuit’s newest decision in Weisner v.

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SpicyIP

NOVEMBER 6, 2023

He is interested in understanding and advocating for the complexities of intellectual property law, with a focus on the intersection of innovation, legal frameworks, and creative expression within the modern landscape. Arnav is a second-year law student at West Bengal National University of Juridical Sciences, Kolkata.

IP 59

IP Intellectual Property Publishing Technology 59

Kluwer Copyright Blog

SEPTEMBER 4, 2023

The Italian ‘ floral fractal ’ case This case concerned the commercial exploitation of a graphic work depicting a floral composition, adopted as a fixed background during the 2016 edition of the Sanremo Festival. She requested compensation for damages, as well as the removal of the program from the RAI website and the publication of the judgment.

Art 75

Art Editing Copyright Ownership 75

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ.

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The IPKat

JULY 7, 2023

Indeed, it defined this aspect as the possibility to replicate how things operate in the real world in order to be used in a virtual one. In April, this Kat, taking advantage of her status QMUL Alumna, had the opportunity to attend the flagship event of the More Than Just a Game (MTJG) conference series.

Reporting 86

Reporting Music IP Intellectual Property 86

Patently-O

FEBRUARY 27, 2024

It will be interesting to see whether the rates go up even further following this new guidance. Teleflex Inc. , 398 (2007). 2500 words). Read the Guidance Here. Overall the guidance here suggests that the office is looking to make non-obviousness a larger hurdle via increased flexibility. Reiterating the Central Role of Graham v.

Art 120

Art Invention Patent Application Patent 120

Michael Geist

SEPTEMBER 21, 2022

This post marks the first in a lengthy series that explain why the bill is a bad solution to a real problem. Since its introduction in early April, the Online News Act (Bill C-18) has flown below the public’s radar screen. In fact, after Rodriguez left the CBC’s Vassy Kapelos visibly puzzled , he has said little about it.

Government 94

Government Journalism Advertising Advertising 94

The IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. 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 ).

Editing 70

Editing Registration Branding Brands 70

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Patently-O

FEBRUARY 24, 2022

But, the real boost only happens if the government brief supports certiorari. But, the real boost only happens if the government brief supports certiorari. The statute indicates that any party to an IPR final-written-decision has a right to appeal. by Dennis Crouch. Neapco Holdings LLC, et al. , Patreon, Inc., 35 U.S.C. §

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Patent Law Law Patent Litigation 95

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

Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

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Fair Use Copyright Law Copyright Law 103

Patently-O

SEPTEMBER 26, 2022

A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?)

Patent Law 125

Patent Law Law Patent Invention 125

LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. She also agreed that the term “dark patterns” isn’t a particularly precise term and expressed real concern about interfaces that impact kids and teens. Well, today was the day, apparently.

Designs 52

Designs Design Reporting Business 52

The IPKat

JULY 5, 2021

Settlement, after all, means both parties have to make compromises and with a cloak of confidentiality, the questions and issues remain and we will have to wait a bit longer for clarity on questions relating to licensing of standard essential patents (SEPs). meaning no answers from the CJEU.

Licensing 52

Licensing Settlement IP Social Media 52

Copyright Lately

AUGUST 22, 2021

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models. Back in May, I wrote about an overzealous copyright infringement lawsuit filed by Rachel Dolezal , the woman best known for mispresenting her racial background.

Copyright 89

Copyright Fair Use Settlement Designs 89

LexBlog IP

APRIL 27, 2022

In either case, it is harder for a judge or jury to believe the other party’s “accidental infringement” or prior use. This is a great segue to the next topic which is injunctive relief. The injunctive relief mandates, under the court’s contempt power, that the losing party stops their unlawful infringement.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

SEPTEMBER 12, 2021

The global litigation Both parties have a number of patents covering the CGM devices. This UK action is one of a number of actions that have recently been started by the parties globally. The injunction gap arises in Germany because infringement is decided before and separately to validity. Here is what happened.

Litigation 98

Litigation Patent Marketing Marketing 98

LexBlog IP

DECEMBER 26, 2023

There’s no doubt AI is incredibly useful for generating content, though there is still no substitute for a real human author or artist. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you? Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

Traverse Legal Blog

APRIL 17, 2021

You have been reading about them all over the news, they’re the hottest topic in tech right now, especially in the blockchain space. What I will try to do throughout the next couple of weeks is to provide real-world legal insights for those who want to participate in the NFT craze and participate in any NFT marketplace.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Technology & Marketing Law Blog

OCTOBER 16, 2023

Those same restrictions also apply to authors; before they can publish content online at third-party services, the services need to check the authors’ ages. Substantial State Interest As usual, the court credits the state’s interest in protecting children’s privacy and physical/psychological well-being. their website).

Designs 78

Designs Design Privacy Business 78

TorrentFreak

NOVEMBER 26, 2021

In common with all complex pieces of legislation, the final text will probably fall short in meeting everyone’s demands but at the moment, interested parties are doing whatever they can to ensure that their interests are taken care of. ” No good, rightsholders say. ” No good, rightsholders say.

Due Diligence 121

Due Diligence Music Business Copyright 121

Kluwer Copyright Blog

JUNE 7, 2023

author “for good and valuable consideration” (which could be the mere fact of disseminating the work) to assign “all right, title and interest in and to the work, in all media, now known or later developed, for the full term of copyright, including any renewals and extensions thereof, for the full territory, which shall be the Universe.”

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. There have been some noteworthy recent decisions in trade secrets law. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

NOVEMBER 1, 2021

” His solution: build an infomediary that allows web users to share their content with third parties using custom-set reader-specific permissions. ” His solution: build an infomediary that allows web users to share their content with third parties using custom-set reader-specific permissions. Sir Timothy Berners-Lee.

Journalism 101

Journalism Government Technology Privacy 101

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. What is ChatGPT? ChatGPT is an artificial intelligence (AI) model developed by OpenAI. In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Technology & Marketing Law Blog

FEBRUARY 15, 2023

These choices constitute “editorial judgments” which are protected by the First Amendment… the Hateful Conduct Law requires social media networks to disseminate a message about the definition of “hateful conduct” or hate speech—a fraught and heavily debated topic today. 4th 1196, 1210 (11th Cir.

Social Media 64

Social Media Law Publishing Blogging 64

The IPKat

SEPTEMBER 12, 2022

This is the first in-person Congress since London hosted in 2019, so it was only apt that the first panel session was on the topic of IP and Covid-19. So looking at the history of the risks that companies were taking, there was a real and present risk of companies not being able to recoup those R&D costs.

Reporting 91

Reporting IP Contracts Licensing 91

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. After a heady 2020, 2021 proved to be a return to normalcy for the PTAB. While there was significant excitement early in the year about how the Supreme Court would rule in Arthrex , its decision in June mostly maintained the status quo. Download a PDF.

Reporting 52

Reporting Art Invention Patent 52

Kluwer Copyright Blog

SEPTEMBER 29, 2022

To reduce situations of economic lock-in, EU law increasingly grants portability rights: entitlements for beneficiaries to “claim back” certain data that they provided or created, and/or to have those data transferred directly from one party to another party of the beneficiary’s choice. Portability & the Digital Markets Act.

IP 56

IP Ownership Marketing Marketing 56

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. A special thanks to Mr. G.

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IP Copyright Trademark Intellectual Property 124