43(B)log

JULY 20, 2023

Defendant Nepute also couldn’t testify as an expert (as opposed to as a fact witness). 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.

Government 52

Government Advertising Advertising Social Media 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

One of the most contentious topics in arbitration is the arbitrability of IP disputes. Thus, it was also possible to witness the parties to the IP dispute advancing toward arbitration. Therefore, in order to resolve disputes in light of the emergence of globalisation, it is crucial to switch to another legal option.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

SpicyIP

JANUARY 17, 2022

However, I wonder whether India is witnessing similar discussions. Since the topic requires a full-fledged research paper with detailed arguments, the post only touches upon the constitutional and international law aspects to show that there is a strong logico-legal case worth investigating, for the R2R in India.) .

Copyright Law 119

Copyright Law Copyright Law Art 119

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). The judge clearly worked hard to make sense of the testimony of eight fact witnesses, expert evidence, and a heap of documentary evidence and disclosure.

Editing 70

Editing Registration Branding Brands 70

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

The TTABlog

NOVEMBER 29, 2022

The Board then denied Habit's motion to compel because it was filed prematurely (OMS had not "clearly or unequivocally stated that it would not designate or produce a witness for the noticed deposition") and because Habit failed to make the required good faith effort to resolve the dispute prior to filing its motion. Text Copyright John L.

Designs 82

Designs Design Registration Government 82

TorrentFreak

MAY 18, 2023

The copyright angle is the topic of many debates and has already made its way to court in a few cases. The various witnesses shared different viewpoints on the matter which made clear that a balanced and reasonable approach by Congress would indeed make sense. At the same time, AI is causing grave concerns for the copyright industry.

Copyright 129

Copyright Fair Use Invention Intellectual Property 129

The IPKat

AUGUST 24, 2021

We have witnessed the impact of decisions like Infopaq, Spiegel Online and Svensson and – perhaps more germane to the arts and creative sectors – those of Painer, Deckmyn and Pelham. It is a compact and no-nonsense guide to the often complex interrelations between the visual arts and intellectual property law.

Art 98

Art Copyright Editing Publishing 98

IP and Legal Filings

DECEMBER 21, 2023

13] When potential sportspersons witness a culture that condones or ignores harassment, they may opt out of pursuing a sporting career, leading to a loss of talent and diversity in the sports industry. [14] 12] It also has negative impact on the athlete physical, psychological and social health as well which also impacts their sport.

Reporting 68

Reporting Journalism Government Law 68

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Up to this point, I think the panel’s ruling has been pretty straightforward and obvious, even though it rejects the voluminous pro-censorship FUD directed towards these topics.

Social Media 97

Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id. Before 2020, the Supreme Court decided only four fair use cases.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

” Among the wide-ranging universe of UGC services with 50M+ MAUs, this statement is decidedly not true. This emboldens the judge to misleadingly treat one service’s past public statement as if it spoke for all of its competitors too. Adam Candeub “expert” witness report. Treating Private Action Like State Action.

Social Media 137

Social Media Publishing Law Blogging 137