LexBlog IP

FEBRUARY 7, 2023

In a recent significant judgment 1 from the Irish Circuit Court, the judge concluded that “ justice is best served ” by granting a stay of a data subject’s damages claim pending determination of certain preliminary references currently before the CJEU. Cunniam v Fastway Couriers Dublin Circuit Court Record No.

Technology 52

Technology 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. By the time the case got to court, exactly how successful his venture had been was met with a significant difference of opinion.

Copyright 86

Copyright Branding Brands Branding 86

Trading Secrets

DECEMBER 19, 2022

The topics for the conference included: A legislative update. This trend is driven in no small part by some of the blockbuster damages awards generated by misappropriation cases over the last decade. Strong preference for court over arbitration. Best practices for identifying trade secrets in litigation.

Intellectual Property Law 59

Intellectual Property Law Confidentiality Litigation Intellectual Property 59

LexBlog IP

APRIL 23, 2023

Earlier this month, the High Court of Australia ultimately rejected trade mark infringement and misleading/deceptive conduct claims by Allergan (owner of the injectable BOTOX®) against Self Care’s anti-wrinkle skincare products PROTOX and INHIBOX (marketed under the slogan ‘instant Botox® alternative ’).

Branding 40

Branding Brands Branding Registration 40

The IPKat

DECEMBER 26, 2022

Such is the case with a recent decision issued by the Court of Appeal of Aix-En-Provence, concerning unauthorised sculptures of Tintin and the Moon rocket. In a judgment dated 17 June 2021, the court granted the plaintiffs' claim. Analysis In order to reach a decision, the Court of Appeal divided its analysis into two parts.

Law 95

Law Copyright Infringement Moral Rights Copyright 95

Technology & Marketing Law Blog

FEBRUARY 24, 2022

Bloggers often pay attention to issues that are too niche-y or esoteric for mainstream media coverage, and bloggers can provide expert commentary and repositories of source materials on fast-moving topics. In some cases, the court has awarded attorneys’ fees to the defense, defraying the costs of standing firm rather than folding.

Fair Use 59

Fair Use Publishing Copyright Infringement Journalism 59

TorrentFreak

SEPTEMBER 15, 2021

However, those earlier mishaps aren’t deterring US company Voltage Holdings, which recently obtained permission from the High Court to contact alleged pirates in the UK. Voltage Holdings Obtains High Court Order. Warning Signs Appeared a Few Months Ago. That now appears to be the case.

Settlement 98

Settlement Copyright IP Reporting 98

Technology & Marketing Law Blog

AUGUST 21, 2023

But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.”

Contracts 84

Contracts Social Media Blogging Law 84

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. The court here admits the parties’ experts. Defendants’ proposed expert on the same topic got in too. Again, there weren’t other serious problems.

False Advertising 71

False Advertising Advertising Advertising Government 71

Velocity of Content

JULY 22, 2021

In this post, I want to get back to the registration topic itself, this time in greater detail. Additional reading about this topic: J D Supra: “ Blogs and other short online works now easier to register for copyrights”. Additionally, Congress is always around to shake things up. I’ll talk about that aspect in my next installment.

Copyright 98

Copyright Social Media Registration Blogging 98

LexBlog IP

DECEMBER 19, 2022

The topics for the conference included: A legislative update. This trend is driven in no small part by some of the blockbuster damages awards generated by misappropriation cases over the last decade. Strong preference for court over arbitration. Best practices for identifying trade secrets in litigation.

Confidentiality 40

Confidentiality Intellectual Property Law Intellectual Property Litigation 40

LexBlog IP

AUGUST 17, 2022

A recent federal court decision found that FleetCor, a company that sells fuel card services to businesses, and its CEO had violated the Federal Trade Commission (FTC or Commission) Act through a series of deceptive and unfair acts and practices. Background. The complaint sought monetary equitable relief under Section 13(b) of the FTC Act.

Litigation 52

Litigation Advertising Advertising Reporting 52

Technology & Marketing Law Blog

JULY 18, 2023

It is, however, somewhat less valuable in creating a mass scheme that de facto limits the activities of many small users. Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. In December 2022, the Supreme Court invited the U.S.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

The IPKat

FEBRUARY 27, 2023

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. This topic has been discussed in a recent conference on “Intellectual Property & Sustainability” as reported by The IPKat.

Trademark 132

Trademark Advertising Advertising Marketing 132

Velocity of Content

JULY 8, 2021

In March, 2019, the US Supreme Court released its decision in Fourth Estate Public Benefit Corp. Having a procedure for the protection of small-scale (even personal) web sites was certainly an important part of what its legislative drafters had in mind. Part I: Bloggers and the DMCA.

Copyright 62

Copyright Blogging Intellectual Property Registration 62

Technology & Marketing Law Blog

DECEMBER 11, 2021

The court summarizes the plaintiffs’ allegations: Plaintiffs give examples of how PeopleConnect has allegedly exploited their names, likenesses, and so forth for commercial purposes. This court disagrees with the Callahan judge’s statutory reading. This court disagrees with the Callahan judge’s statutory reading.

Advertising 90

Advertising Advertising Social Media Blogging 90

Technology & Marketing Law Blog

AUGUST 31, 2021

The court denies plaintiff’s request. Factor one : The court says defendant’s use is transformative. The court acknowledges the use was commercial but says the transformative nature of defendant’s use tips the first factor in favor of fair use. Factor one : The court says the first use is at best neutral. The Snuggery”.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

Technology & Marketing Law Blog

JUNE 1, 2022

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. Though it’s only a temporary victory, it’s still worth a small celebration–especially for the many lawyers and experts who worked very hard on a very tight timeline.

Social Media 122

Social Media Blogging Law Technology 122

SpicyIP

JULY 5, 2021

Topical Highlight. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. A small meal planning app (Prepear) and Citroen v.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

The IPKat

OCTOBER 9, 2021

A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). One possibility for synchronization is already provided by the law: the infringement court could stay proceedings while awaiting a decision by the BPatG. The AmeriKat enjoying the slower paced validity track.

Reporting 57

Reporting Patent Intellectual Property Litigation 57

Technology & Marketing Law Blog

JULY 3, 2021

The Fifth Circuit certified the following question to the Texas Supreme Court: Under Texas products-liability law, is Amazon a “seller” of third-party products sold on Amazon’s website when Amazon does not hold title to the product but controls the process of the transaction and delivery through Amazon’s Fulfillment by Amazon program?

Blogging 67

Blogging Marketing Marketing Law 67

Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) ” A latent diffusion system can’t illustrate this combination of objects, they claim, “because it can never exceed the limitations of its Training Images.”

Derivative Work 108

Derivative Work Art Copying Fair Use 108

The IPKat

FEBRUARY 4, 2022

The IPKat is delighted to host the guest post below, penned by Katfriend Hans Eriksson (Westerberg and Partners), on a recent Swedish decision which has applied the recent ruling of the Court of Justice of the European Union (CJEU) in C-762/19 CV-Online Latvia. For more content aggregated on the topic of CV-Online Latvia, see here.

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

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., Must the plaintiff allege its own reliance to prevail on its UCL/FAL claims? back and spinal pain). Matkari, 7 F.3d

False Advertising 59

False Advertising Advertising Advertising Marketing 59

The IPKat

JANUARY 9, 2022

The panel discussed topics from the perspective of China, Germany, Europe, Japan, and the U.S., Finally, she highlighted the Copyright Office’s efforts in standing up a small claims tribunal within the Copyright Office under the Copyright Alternative in Small-Claims Enforcement (CASE) Act. Maria Strong (U.S.

Reporting 57

Reporting Law IP Patent 57

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Having used the ™ shows the court that you not only had the name first but claimed it locally. Trademarks come in a distant second while patents will be a small minority. That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Having used the ™ shows the court that you not only had the name first but claimed it locally. Trademarks come in a distant second, while patents will be a small minority. That’s understandable.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

IP and Legal Filings

JANUARY 29, 2023

However, the question of who owns the rights to these creations has been a topic of debate for some time. Ultimately, the answer to this question likely depends on the specific circumstances of each case and may be determined on a case-by-case basis by a court.

Copyright 79

Copyright Ownership Publishing Copyright Infringement 79

IIPRD

APRIL 3, 2024

At the outset is it important to note that interpreting these legislations gives rise to uncertainty, one which forms the topic of discussion in the next section. the USA Supreme Court held that only certain design features which can be separated from the product as a whole can be granted copyright to prevent monopolization of garments.

Artistic Work 45

Artistic Work Designs Design Copyright 45

TorrentFreak

NOVEMBER 27, 2022

For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. Filed at a California district court, the scale of Triller’s complaint probably contributed to the silence. He reportedly paid a settlement fee to Triller, which came with a release of claims.

Copyright Infringement 124

Copyright Infringement Copyright Settlement Reporting 124

Technology & Marketing Law Blog

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

Social Media 137

Social Media Law Fair Use Blogging 137

SpicyIP

JULY 19, 2021

Topical Highlight. In this guest post , Nishtha Gupta analyses the Delhi High Court’s recent decision refusing to stay the release of the film ‘Nyay: The Justice’ which is allegedly based on the life of late Bollywood actor Sushant Singh Rajput. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

DECEMBER 29, 2023

Trial F concerned the issues of whether Apple was permanently disentitled from relying on Optis’ ETSI undertaking and thus may be subject to an unqualified injunction and some of Apple's defences to this; the appeal from it will be heard by the UK Supreme Court.

Patent 78

Patent Litigation Marketing Marketing 78

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 17-55844 (9th Cir.

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. We don’t do “A-for-Effort” laws in the U.S.,

Privacy 137

Privacy Designs Design Business 137

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95