43(B)log

JULY 20, 2023

As a fact witness, the government agreed that he could supply what he claims is “the scientific basis upon which he made the alleged misstatements” for the purpose of assessing whether he had sufficient substantiation for his claims. The evidence didn’t support the claim that the websites were used as educational references.

Government 52

Government Advertising Advertising Social Media 52

LexBlog IP

JANUARY 23, 2023

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. The ASA standard is now effectively a ‘strict liability’ offence.

Advertising 52

Advertising Advertising Social Media Marketing 52

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Just because an injury is small does not mean it is not “substantial.” Background.

Litigation 52

Litigation Advertising Advertising Reporting 52

The IPKat

JULY 30, 2023

However, suppose the advertising method used by the reseller can be seen as a common one in the second-hand industry, and there is no substantial evidence of serious damage to the brand’s reputation. Counterfeit goods Last but not least, a hot topic for second-hand fashion is the resale of counterfeit goods. 49,50, 75).

Branding 97

Branding Brands Branding Advertising 97

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

The TTAB has also published a Trademark Trial and Appeal Board Manual of Procedure (the “TBMP”), which contains the rules related to pursuing trademark oppositions, cancellations and ex parte appeals at the TTAB, including on topics such as trial procedure, motions, and discovery. Judicial Review.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

IP and Legal Filings

NOVEMBER 30, 2022

Trade in goods and services, investments, intellectual property, dispute resolution, e-commerce, small and medium-sized businesses, and economic cooperation are the main topics of discussion during the negotiations. Growing non-tariff barriers are a hindrance to regional trade and investment, according to recent evidence.

Intellectual Property 68

Intellectual Property Marketing Marketing IP 68

43(B)log

FEBRUARY 24, 2021

Substantiation of “regular” price claims is also a big issue. Williams-Sonoma: $1 million penalty and prohibition on unqualified US origin claims without being able to substantiate them. Also home fragrance claimed to have “natural” ingredients—some ingredients were natural, but no evidence that all scent components were.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

FEBRUARY 24, 2023

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. Establishing the plausibility of an invention is often considered a higher bar than the standard sufficiency test.

Invention 131

Invention Law Patent Publishing 131

The IPKat

MARCH 24, 2023

The Enlarged Board of Appeal (EBA) has released its written decision in G 2/21 on the question of post-published evidence. The Opponent argued that the synergistic effect of the compounds against the third moth species was not plausible from the application as filed, and so the post-published evidence should not be taken into account.

Invention 131

Invention Publishing Patent Art 131

The IPKat

DECEMBER 22, 2023

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis.

Invention 110

Invention Inventor Patent Law 110

Kluwer Copyright Blog

MARCH 14, 2022

Lacking relevant solutions in international treaties and with the general topic still being debated in international fora , the UK is one of few national jurisdictions that have already provided for CGW protection. Coming to the more concrete legal points, the UKIPO sought opinions on resolving domestically the status of AI authorship.

IP 60

IP Public Domain Copyright Intellectual Property 60

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. Apple relied on data from Innography and Optis, from PA Consulting ([111] – [112], after abandoning all the evidence of a witness, Ms Dwyer).

Patent 78

Patent Litigation Marketing Marketing 78

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Shortly after hiring the employee, plaintiff alleged that his new employer developed products that were substantially similar to and competitive with plaintiff’s product using its trade secrets. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

OCTOBER 16, 2023

Substantial State Interest As usual, the court credits the state’s interest in protecting children’s privacy and physical/psychological well-being. The court credits evidence that some businesses would toss kids overboard rather than do this. The court credits evidence that content targeting can help children in vulnerable populations.

Designs 78

Designs Design Privacy Business 78

Technology & Marketing Law Blog

MAY 18, 2023

Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. The key question, therefore, is whether defendants gave such knowing and substantial assistance to ISIS that they culpably participated in the Reina attack. Twitter, Inc.

Social Media 137

Social Media Law Fair Use Blogging 137

TorrentFreak

JULY 13, 2022

Specifically, the ISP and music companies want to limit what evidence and arguments the other side can present to the jury. The rightsholders note that there is little evidence for this claim. Internet terminations are not the only topic of concern. The legal battle is set to conclude in a few weeks.

Music 142

Music Contracts Copyright Infringement Copying 142

SpicyIP

FEBRUARY 24, 2023

In December 2017, the Apex Court in Toyota v Prius Auto Industries, set the standard of claiming transnational reputation in a mark backed by adequate evidence. Her areas of interest are Intellectual Property Laws, Data Privacy Laws and Company Law.] Image from here. Well, the court is silent on this front.

Registration 75

Registration Intellectual Property Law Trademark Branding 75

Technology & Marketing Law Blog

MAY 25, 2022

Though this is a major win for free speech online, the panel unfortunately adopted an overly lax legal standard for evaluating mandatory editorial transparency laws, so it lifted the injunction for some provisions. Some of these provisions may not survive on remand, however. “S.B. Here, for instance, the driving force behind S.B.

Social Media 97

Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

NOVEMBER 21, 2021

Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter. More Evidence That IP Law Protects Individual Emoji Depictions–Nirvana v. Still, even if the registration only protects identical depictions, it can still cause substantial trouble.

Copyright 117

Copyright Registration Fair Use Designs 117

IP and Legal Filings

DECEMBER 9, 2022

A number of standards and directives, some of which are not enforceable by law, are added to it. It broadens the CSL’s coverage of certain topics by emphasising national security and classifying data according to how important it is to Chinese national security. Data Security Law (DSL). Conclusion.

Privacy 85

Privacy Law Business Branding 85

Velocity of Content

DECEMBER 6, 2023

On the assumption that readers might be interested in this topic and less interested in reviewing all the responses, I have pasted below a selection of questions and answers from Copyright Clearance Center’s (CCC’s) own response. With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages.

Copyright 97

Copyright Fair Use Licensing Copying 97

43(B)log

APRIL 12, 2024

Instead, they promoted a substantial number of repeat offenders who made relevant statements in at least half of their monitored calls, which encouraged further noncompliance. 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

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

The board overlooked and failed to account for intrinsic evidence of unexpected results in its obviousness. at 1984 (“And higher-level agency reconsideration by the agency head is the standard way to maintain political accountability and effective oversight for adjudication that takes place outside the confines of §557(b).”

Patent 52

Patent Art Technology Law 52

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. Koninklijke Philips N.V. vs Oplus Mobitech India Pvt. Khaitan India Limited vs Khaitar Industries Private Ltd. Dabur India Ltd.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

As for the two granted cases, in each, the Director homed in on purported legal errors in the Board’s analysis and ordered the panel to issue a new final written decision under the prevailing standard. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB.

Reporting 52

Reporting Art Invention Patent 52

Technology & Marketing Law Blog

JUNE 20, 2023

There is no evidence in the record that Warhol was aware of the single-use restriction in the license. Fourth, there is no evidence that Warhol was aware of the single-use restriction, so even assuming the 15 additional portraits were unauthorized, he was very likely an innocent infringer. Fast-forward three decades. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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

IP and Legal Filings

DECEMBER 21, 2023

However, it is evident that the risk of psychological, physical, and sexual violence increases as athletes progress in their talent development and performance pathway. There are strong evidence that psychological, sexual and physical abuse are highly interrelated. [4]

Reporting 72

Reporting Journalism Government Law 72

Velocity of Content

MARCH 26, 2024

What truly sets them apart is their substantial contributions to some of the most critical public ontologies and resources in the scientific community. AI is the topic on everyone’s minds, and we know it brings tremendous potential to the life sciences industry. Secondly, the tool promotes data consistency and standardization.

Technology 94

Technology Public Domain Copyright Blogging 94

Trading Secrets

JANUARY 12, 2023

The Commission undertakes this radical departure despite what appears at this time to be a lack of clear evidence to support the proposed rule. 2375 ) (to ban non-competes for workers who are not exempt under the Fair Labor Standards Act); Restoring Workers’ Rights Act of 2022 ( H.R. See VA Hiring Enhancement Act ( H.R.3401

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

JANUARY 12, 2023

The Commission undertakes this radical departure despite what appears at this time to be a lack of clear evidence to support the proposed rule. 2375 ) (to ban non-competes for workers who are not exempt under the Fair Labor Standards Act); Restoring Workers’ Rights Act of 2022 ( H.R. See VA Hiring Enhancement Act ( H.R.3401

Contracts 52

Contracts Law Government Reporting 52

Trading Secrets

JANUARY 12, 2023

The Commission undertakes this radical departure despite what appears at this time to be a lack of clear evidence to support the proposed rule. 2375 ) (to ban non-competes for workers who are not exempt under the Fair Labor Standards Act); Restoring Workers’ Rights Act of 2022 ( H.R. See VA Hiring Enhancement Act ( H.R.3401

Contracts 52

Contracts Law Government Reporting 52

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., Ass’n for Accessible Medicines v. Becerra , 822 F. at 1087–88.

Litigation 52

Litigation Settlement Patent Marketing 52

The IPKat

JULY 20, 2021

Chapter 7, by Annette Kur , argues that the ban on registration of signs giving "substantial value to the goods" [Art. Chapter 9, by Jake Linford , makes suggestions to "democratize" access to survey evidence, which is often unavailable to litigants with limited budgets.

Trademark Law 96

Trademark Law Law Trademark Registration 96

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. A: TRIPS requires minimum standards, and China complied long ago. Copyright (juries)—get to decide w/essentially unlimited discretion on substantial similarity.

IP 59

IP Marketing Marketing Patent 59