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Join me for “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act” at the ABA-IPL Section’s Annual Conference

LexBlog IP

on the topic “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act (DTSA).” Topics will include: Judge or jury? Who decides issues such as restitution damages and bad faith under the DTSA? in Washington, D.C.

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Does food flavouring constitute a “work”?

LexBlog IP

Culpable IP infringement The copyright holder is eligible for compensation and restitution of their moral damages in case of culpable IP infringement. It is enough that the part, regardless of the overall creation, demonstrates the necessary originality.

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Covid-19 Act gives government more options in proceeding against supplement seller

43(B)log

Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. The court excluded the testimony of Dr. Parks, who had (as relevant) a Ph.D.

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Athens court rules on moral damages in software infringement case

LexBlog IP

Damages in cases of copyright infringement Article 65(2) of the Copyright Law provides as follows: A person who by intent or negligence infringes copyright or a related right of another person shall be liable for compensation of damages and for restitution of moral damages. It held that they were inadmissible because they were too vague.

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

43(B)log

The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample. Defendants argued that the total was excessive in comparison to the People’s request for $222,119 in restitution on behalf of the nine testifying student victims, and there should only be a single-digit multiplier.

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Book Review: Art and Copyright

The IPKat

On 30 September, his new book Restitution: The Return of Cultural Artefacts will be published by Lund Humphries. And despite what the title would have us believe, the coverage helpfully stretches beyond mere copyright to include topics such as trade marks, domain names, passing off and publicity rights.

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Catching Up on Recent FOSTA Developments (None of Them Good)

Technology & Marketing Law Blog

Students: this post surfaces numerous potential paper topics. “Criminal restitution has not been sought and civil damages have not been awarded under section 3 of FOSTA. This is the cityxguide case, US v Martono ] As of March 2021, restitution had not been sought or awarded. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

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