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

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] The origin of this evident inherent problem [iv] is due to the allocation of statutory rights to IPR holders to primarily control access to the IP and to alter monopoly rents for the exclusive use of IPRs.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

SpicyIP

JULY 5, 2021

Topical Highlight. Sony had alleged in the suit that KAL was broadcasting its copyrighted songs on its radio channels without complying with Section 31 of the Copyright Act which requires obtaining a mandatory statutory license. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. Golden Tobacco Ltd. June 29, 2021].

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

IPilogue

JANUARY 14, 2022

In this case, the appellants argued that there is no statutory basis for overbreadth as a ground for invalidity. District Court disagreed, stating that absent express intention from Congress, the term “individual” in their statutory definition of “inventor” can only be read to include humans. Trademark Law.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

AUGUST 2, 2022

Putting aside its clunky drafting, I assume this definition reaches all UGC services, subject to the statutory exclusions for: email and direct messaging services (the bill doesn’t define either type). I critiqued similar language in my AB 587 blog post. Problems with the Bill. This bill does the same.

Social Media 85

Social Media Privacy Designs Design 85

43(B)log

APRIL 12, 2024

The trial court found that for more than a decade, defendants violated the UCL and FAL by making false and misleading statements to prospective students for a total of 1,243,099 UCL and FAL violations. The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample.

False Advertising 59

False Advertising Law Reporting Marketing 59

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. Statutory copyright damages can reach $150,000 per claim but the report indicated $140,000. Triller Lawsuit – June 2021. 504(a)-(c) , $10,000 under 47 U.S. .

Copyright Infringement 124

Copyright Infringement Copyright Settlement Reporting 124

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

TorrentFreak

JULY 13, 2022

For example, they don’t want Bright House to argue that terminating someone’s Internet access is a human rights violation. Those piracy-related terminations would violate human rights, the rapporteur argued. Internet terminations are not the only topic of concern. Spying, Price Fixing, and Exploitation.

Music 142

Music Contracts Copyright Infringement Copying 142

IP Whiteboard

APRIL 15, 2021

The case raises some interesting questions about the boundaries for media and tabloid outlets reporting on the most private aspects of royal life, as well as the monetary and emotional costs of bringing such a claim for those who have had their privacy violated. Background. The Duke of Sussex, a.k.a. 1] [link]. [2] 2] See [3]. [3]

Privacy 40

Privacy Copyright Publishing Law 40

SpicyIP

JULY 11, 2021

Topical Highlight. The plaintiff also claimed violation of moral rights and infringement of posthumous celebrity rights. She begins by discussing the nature of Patent as statutory, limited right which operates as a trade-off with the public as opposed to Trade Secrets which are uncodified but are not limited by a term of protection.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

LexBlog IP

DECEMBER 1, 2022

The changes also provide for expanded prohibitions on the use and disclosure of Part 2 records in certain legal proceedings, as well as establishing a process for patients to make complaints for Part 2 violations. Enforcement: New HHS enforcement authority, including the imposition of civil monetary penalties for violations of Part 2.

Privacy 52

Privacy Confidentiality Blogging Law 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority rejects Facebook’s Section 230 preempts arguments both on statutory analysis and policy grounds. With respect to statutory analysis, the majority says “when Congress wanted to cabin the interpretation about state law, it knew how to do so—and did so explicitly.” The Majority Opinion.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Technology & Marketing Law Blog

OCTOBER 16, 2023

The AADC would require many businesses to sort their online visitors into adults and children–necessarily requiring age authentication–so that children can receive heightened statutory protections. The court may want to coordinate with the California appeals court, which just implied that ad targeting could violate the Unruh Act.

Designs 78

Designs Design Privacy Business 78

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The NLRB’s General Counsel suggests certain non-competes may violate the NLRA, impacting workers’ rights. Risk of non-competes being viewed as unfair labor practices, affecting enforceability.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

FEBRUARY 9, 2024

HHS is now proposing to scale back those rules slightly, in accordance with statutory changes to federal law governing the privacy of SUD records in the 2020 “CARES Act” legislation enacted in response to COVID-19. [i] i] This Final Rule follows a proposed rule issued by HHS on December 2, 2022, which we previously analyzed here.

Privacy 52

Privacy Blogging Confidentiality Government 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. In the case, a pharmaceutical company sued a former product development employee and his new employer in the District of New Jersey for misappropriation of trade secrets in violation of the DTSA. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The NLRB’s General Counsel suggests certain non-competes may violate the NLRA, impacting workers’ rights. Risk of non-competes being viewed as unfair labor practices, affecting enforceability.

Confidentiality 52

Confidentiality Business Intellectual Property Litigation 52

Technology & Marketing Law Blog

AUGUST 30, 2021

2933, a similar bill that would have extended federal statutory copyright to pre-1972 sound recordings. 1401 , extended federal protection to pre-1972 sound recordings that is equivalent, but not identical, to federal statutory copyright for sound recordings fixed on or after February 15, 1972. 17 U.S.C. §

Blogging 83

Blogging Copyright Settlement Music 83

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

The IP Law Blog

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. Reddit users can create and moderate each subreddit thread and in turn, Reddit employees can remove moderators, content or other posts that violate its policies. The plaintiffs in Jane Does v.

Law 96

Law Advertising Advertising Litigation 96

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. a platform could drop below CJPA’s statutory threshold). It simply converts a litigation battle over retaliation into a battle over whether the DJP violated the TOS. The CJPA is none of that.

Journalism 89

Journalism Social Media Publishing Government 89

LexBlog IP

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. Reddit users can create and moderate each subreddit thread and in turn, Reddit employees can remove moderators, content or other posts that violate its policies. The plaintiffs in Jane Does v. §1591].”

Advertising 52

Advertising Advertising Litigation Law 52

Technology & Marketing Law Blog

MAY 25, 2022

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. The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Attorney General (a/k/a NetChoice v.

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. vs The Controller of Patents & Anr. 6 of the Biological Diversity Act. Apollo Tyres Limited vs M/S Jay Polymers & Ors.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 18, 2022

Some of the confusion is due to plaintiffs stretching FOSTA to reach tertiary defendants far removed from the victimization or reach facts (like republication of commercial pornography) that seem outside the statutory definitions. Students: this post surfaces numerous potential paper topics. THE MINDGEEK LITIGATION. Ruling #1: Doe v.

Blogging 119

Blogging Reporting Publishing Law 119

Technology & Marketing Law Blog

JUNE 21, 2022

This definition of social media was never meant to be used as a statutory definition, and every word invites litigation. Note: based on a quick Lexis search, I saw similar statutory language in about 20 laws, but I did not see any caselaw interpreting the language because I believe those laws are largely unused.]. ” Ha ha. .”

Social Media 120

Social Media Law Publishing Reporting 120

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

The Court then decided in a 7-2 split to cure the constitutional violation by rendering § 6 “unenforceable as applied to the Director insofar as it prevents the Director from reviewing the decisions of the PTAB on his own,” such that “[t]he Director may engage in such review and reach his own decision.” Institution Reviewability.

Reporting 52

Reporting Art Invention Patent 52

Trading Secrets

DECEMBER 29, 2022

Furthermore, the DOJ also obtained criminal indictments against employers in the health care and aerospace engineering industries who have allegedly violated antitrust laws by conspiring to refrain from soliciting or hiring each others’ workers. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Furthermore, the DOJ also obtained criminal indictments against employers in the health care and aerospace engineering industries who have allegedly violated antitrust laws by conspiring to refrain from soliciting or hiring each others’ workers. How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes.

Confidentiality 40

Confidentiality Business Law Contracts 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Humira ® (adalimumab) Developments. 1:19-cv-01873 N.D.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

“the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. The judge keeps trying: “§ 230 is nothing more (or less) than a statutory patch to a gap in the First Amendment’s free speech guarantee. It literally lacks that power.

Social Media 137

Social Media Publishing Law Blogging 137