Technology & Marketing Law Blog

MARCH 29, 2022

” The court says these are not provable fact statements. Plus, Section 230 applies to any statements made by third parties. This lawsuit involves the freemium videogame “ Forge of Empires.” ” The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game. The court dismisses them all.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

The IPKat

MAY 1, 2022

The conference will provide attendees with insights on the latest market developments, as well as case law and regulators on this topic. Temperatures are rising as the start of May marks the beginning of a warmer season. rhodos cat summer chill " by dailywishes - CC BY-NC-SA 2.0. For more information and to register, click here.

Intellectual Property 76

Intellectual Property Editing Intellectual Property Law Registration 76

TorrentFreak

NOVEMBER 24, 2022

If the topic was switched to fraud, opinions would likely be quite different, and herein lies the problem. A statement issued today reveals that a “large-scale” TV piracy operation is under police investigation in the north of England. Much More Than Piracy.

Television 89

Television Copyright Designs Design 89

Technology & Marketing Law Blog

AUGUST 14, 2022

Still, given the possible dog whistles, I’m sure CNN’s lawyers will explore these social media statements in their depositions. endorsements: Jack did not make the statement, “We are every day people seeking truth.” Some members of Gen. Michael Flynn’s family sued CNN for implying that they are QAnon followers.

Law 112

Law Social Media Reporting Government 112

Technology & Marketing Law Blog

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. He posted a video entitled “ CHARLIE PUTH – How Long | Kyle Hanagami Choreography ” that contained 480 “counts” of choreography, composed of 96 counts repeated by 5 sets of dancers. The video got 36M views.

Copyright 75

Copyright Blogging Music Copying 75

43(B)log

SEPTEMBER 6, 2021

The panel, over two separate dissents, sends it back for reassessment of disgorgement, attorneys’ fees and costs (and still doesn’t publish the opinion). Clean & Sober Media, LLC, 2021 WL 3702243, No. 19-56008, No. 19-56072, Fed.Appx. - (9 th Cir. So, is damage to the plaintiff part of the cause of action or no? per click.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

SpicyIP

MAY 3, 2023

Would such legal representatives be required to ascertain the hypothetical interests and opinions of the deceased author? See here for how Van Gogh’s legacy was built and preserved by the efforts of his sister-in-law Johanna Van Gogh-Bonger. Image from here. This guest post has been authored by Karishma Karthik.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

Technology & Marketing Law Blog

JUNE 1, 2022

My understanding is that the injunction will dissolve after the Fifth Circuit issues its written opinion (unless the panel magically changes its mind and affirms the district court). At that point, I expect the Fifth Circuit opinion will trigger a standard petition for certiorari. ” I agree.

Social Media 122

Social Media Blogging Law Technology 122

Technology & Marketing Law Blog

DECEMBER 31, 2021

” The opinion doesn’t clarify who is depicted in the photos or who owns those photos, other than to note that “Bayside registered its copyrights in the photos on November 2, 2020.” After some back-and-forth, Bayside submitted a takedown request through Twitter’s online form and Twitter honored it.

Fair Use 109

Fair Use Blogging Marketing Marketing 109

43(B)log

FEBRUARY 17, 2022

11, 2022) So very much going on here, including discussion of what makes controls appropriate and the challenges of surveying for materiality; I will try to skip as much detail as possible but this is roughly 200 pages of opinions. In re: Elysium Health-ChromaDex Litigation, No. 17-cv-7394 (LJL), 2022 WL 421135 (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Patently-O

FEBRUARY 27, 2024

Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. It will be interesting to see whether the rates go up even further following this new guidance. John Deere. John Deere Co.,

Art 120

Art Invention Patent Application Patent 120

Technology & Marketing Law Blog

JANUARY 19, 2023

” This court is right that Henderson wasn’t a persuasive opinion, but this adds to the evidence of a circuit split… Implications This case relates to a tragedy, a teen suicide after online harassment. ” The defendants successfully defend on Section 230 grounds. ICS Provider. ” Publisher/Speaker Claims.

False Advertising 85

False Advertising Social Media Publishing Advertising 85

IP Tech Blog

SEPTEMBER 25, 2023

The USCO’s AI Initiative launched in early 2023, and has included public listening sessions, educational webinars, engagement with stakeholders, and the publication of a registration guidance statement reiterating the “principle that copyright protection in the United States requires human authorship.” Emphasis added.)

Copyright 62

Copyright Technology Artwork Blogging 62

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 48

Art Business Patent Settlement 48

LexBlog IP

SEPTEMBER 25, 2023

The USCO’s AI Initiative launched in early 2023, and has included public listening sessions, educational webinars, engagement with stakeholders, and the publication of a registration guidance statement reiterating the “principle that copyright protection in the United States requires human authorship.”

Copyright 52

Copyright Technology Artwork Fair Use 52

Patently-O

SEPTEMBER 7, 2022

Later, those two companies formed an official partnership to develop a C3-binding protein (the same topic for which Amyndas had shared data). Zealand’s patent applications also published relating to the same topic. ” I might think of it as a pair of ongoing secret love affairs that finally resulted in a jilted lover.

Music 56

Music Contracts Confidentiality Litigation 56

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Before reading this post, read my new article, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules. It explains why must-carry laws, including part of the Florida law, would accelerate the end of user-generated content. This is why I get so angry about anyone supporting these laws.

Social Media 99

Social Media Government Blogging Publishing 99

SpicyIP

MARCH 30, 2023

Image from here [ This post is authored by SpicyIP intern Srujan Sangai. Srujan is a second-year BA LLB student at the National Law School of India University, Bengaluru. He is interested in intellectual property law and technology law.] Dhruv Rathee, a popular Youtuber found himself in a court battle against Dabur India ( Dabur India Limited v.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

TorrentFreak

MAY 16, 2022

In an opinion and order handed down in February 2022, Watch Tower’s original DMCA subpoena application was denied. After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. When cases deviate from this format they tend to stick out. The Attack on Kevin McFree.

Fair Use 120

Fair Use Copyright Litigation Music 120

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law. Background.

Licensing 52

Licensing Contracts Law Patent Law 52

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? .” I apologize. In a submission to the U.S.

Copyright 129

Copyright Intellectual Property Business Licensing 129

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Here is our recap of last week’s top IP developments. This and a lot more in this SpicyIP Weekly Review. Anything we are missing out on? Please let us know in the comments below.

Invention 59

Invention Trademark IP Patent 59

Patently-O

SEPTEMBER 26, 2022

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?) by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term.

Patent Law 125

Patent Law Law Patent Invention 125

Kluwer Copyright Blog

OCTOBER 5, 2022

Procedural rules allow that the Court may strike out a statement of case if it “ discloses no reasonable grounds for bringing or defending the claim.”. The claim relates to alleged copyright infringement of the Claimant’s WaterRower rowing machine by the Defendant, Liking Limited (t/a Topiom). The WaterRower. Strike Out Application.

Artistic Work 93

Artistic Work Copyright Copyright Law Designs 93

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

43(B)log

FEBRUARY 16, 2024

And here there is a very clear statement in the statute of that zone of interests, which most relevantly includes “to regulate commerce … by making actionable the deceptive and misleading use of marks in … commerce; …; to protect persons engaged in … commerce against unfair competition.” Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

JANUARY 9, 2024

Rosenthal opinion only gets a couple of citations, including an acknowledgement that the court rejected Section 230’s publisher/distributor distinction (more on that in a moment). The court also acknowledges that it’s bound by California state appellate opinions but says it’s free to choose among conflicting decisions.

Publishing 74

Publishing Designs Design Law 74

Kluwer Copyright Blog

OCTOBER 2, 2023

This round up series includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. This round up series includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.

Copyright Law 75

Copyright Law Law Copyright Copying 75

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. The majority opinion by Justice Sotomayor repeatedly emphasized that the ruling was narrow and context-specific. My own opinion is more nuanced and attempts to bridge the vast chasm between these two opposing views. Goldsmith , No. 569 (1994).

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

JULY 7, 2022

This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. CJEU judgments and AG Opinions. Many Member States missed the deadline, so in May 2022 the Commission issued reasoned opinions to 13 of them. Photo by Markus Spiske on Unsplash.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion. This case is an old-school turn-of-the-century throwback (and not the good kind). Google’s search app framed the web pages users visit, and the frame included ads.

Copying 74

Copying Ownership Derivative Work Contracts 74

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

In a less surprising decision, the Third Circuit (in a split opinion) says no. The Majority Opinion. This creates the foundation for a possible Supreme Court review of this issue. About the Case. Hepp is a television newscaster. I’m not sure if Hepp has sued FirstMet, but they aren’t in this appeal. Legal Background.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

SpicyIP

JULY 27, 2021

We’re pleased to inform you that the Centre for Communication Governance at the National Law University Delhi is inviting applications for various research positions. For further details, please see the announcement below. Call for Applications: Research Positions at CCG. The logo of NLU, Delhi alongside the logo of CCG.

Government 105

Government Editing Privacy Technology 105

Technology & Marketing Law Blog

MAY 25, 2022

On Monday, a unanimous three-judge panel of the 11th Circuit issued an important Internet free speech opinion, NetChoice v. The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. Attorney General (a/k/a NetChoice v.

Social Media 97

Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Although the number of published cases reporting factual information about emoji was in the single digits until just recently, and German courts have yet to develop a standard method of dealing with them, the topic is growing rapidly even though courts have some trepidation about it. Hesitation to display emoji in opinions.

Blogging 79

Blogging Social Media Publishing Reporting 79

LexBlog IP

DECEMBER 15, 2022

Here they are: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Who would have thought a case about broccoli seeds could sprout so many interesting legal issues? Court of Appeals for the Sixth Circuit just issued an opinion in Caudill Seed & Warehouse Co. Certainly not me.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

APRIL 30, 2022

Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. “Neither Twitter’s labelling of plaintiff’s tweets, nor its statement regarding the suspension of his account plausibly propose a commercial transaction.” Berenson sued Twitter. Section 230.

Social Media 106

Social Media Contracts Government Publishing 106