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. ” The centerpiece of the plaintiffs’ allegations is a chart comparing 32 of the plaintiffs’ restricted works to 58 unrestricted works by “white” submitters.

Contracts 84

Contracts Social Media Blogging Law 84

TorrentFreak

MAY 16, 2022

When they involve the protection of copyright works that generate zero income for a rightsholder, one with a reputation for crushing dissent, a big question needs to be asked. McFree utilized copyrighted material owned by Watch Tower in his productions, something that gave the religious group a leverage point to shut him down.

Fair Use 120

Fair Use Copyright Litigation Music 120

Kluwer Copyright Blog

JANUARY 17, 2024

In other words, there is not a textual production in a programming language. On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship. This one seems harder to overcome.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivative works based upon a previously copyrighted work. [11]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

AUGUST 2, 2022

” (For more on how the California legislature is working to eliminate the Internet, see my posts on the pending bills AB587 and AB2273 ). There’s a fine line between standard product marketing–where the goal is to increase consumer demand for the product–and causing customers to become addicted.

Social Media 85

Social Media Privacy Designs Design 85

Trading Secrets

DECEMBER 21, 2021

Employee Termination & Data Repatriation in the Remote Work Environment. Employee Termination & Data Repatriation in the Remote Work Environment. Famous example is Coca-Cola recipe, but trade secrets are not limited to products alone and can also be processes, confidential information such as business plans, and other know how.

Confidentiality 69

Confidentiality Law Contracts Business 69

LexBlog IP

DECEMBER 21, 2021

Employee Termination & Data Repatriation in the Remote Work Environment. Employee Termination & Data Repatriation in the Remote Work Environment. Famous example is Coca-Cola recipe, but trade secrets are not limited to products alone and can also be processes, confidential information such as business plans, and other know how.

Confidentiality 52

Confidentiality Law Contracts Business 52

Technology & Marketing Law Blog

JANUARY 9, 2024

Snap workaround of claiming to sue over Snap’s first-party product design choices, not the drug dealers’ content: Plaintiffs disavow any claim based upon Snap’s activities as a publisher of the third-party (drug seller) content. ”) as a defective product.

Publishing 74

Publishing Designs Design Law 74

Technology & Marketing Law Blog

JUNE 20, 2023

The majority opinion in Warhol purports to follow the Campbell frame­work, but instead it reinterprets Campbell in ways that destabilize that three-decade consensus, likely resulting in a decade or more of renewed battle over the contours of the fair-use doctrine. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

The IPKat

DECEMBER 21, 2021

This was the product of extensive fieldwork conducted with cultural institutions (archives, galleries, libraries, museums and industry peak bodies) in Australia, Canada, the UK and the USA over 15 years examining how such bodies apply such provisions in practice and the lessons that can be learned by policy makers.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

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]. The Supreme Court held that such payments are not ‘royalty’ and recognised the doctrine of exhaustion in software. c) Top 10 Other IP Developments. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JULY 21, 2021

trillion annually, or the equivalent of nearly a third of America’s gross domestic product. market for religious publishing and products at $6.8 Copyright Office Practices “provides an explicit ‘Human Authorship Requirement’ for a work to be subject to copyright protection. society at $4.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

DECEMBER 24, 2023

the larger public interest in assuring early access to the work. 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.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Kluwer Copyright Blog

SEPTEMBER 29, 2022

Second, data eligible for portability could incorporate IP-protected matter held by the platform provider itself, like software, works of authorship, or databases that are original or result from substantial investments. This proposed right is the subject of extensive debate.

IP 56

IP Ownership Marketing Marketing 56

SpicyIP

JANUARY 9, 2023

India Stationary Products and KEI Industries v. Applying the doctrine of ejusdem generis, Division Bench of Delhi High Court sets aside the interim injunction granted against the Appellant for using a similar mark on dissimilar goods. Continuing with our annual tradition, we curated a list of the top IP developments in India.

Trademark 105

Trademark IP Registration Reporting 105

LexBlog IP

NOVEMBER 11, 2022

Federal courts are also split on the availability of the inevitable disclosure doctrine under the DTSA, according to Mintz’s Oliver Ennis, Nicholas Armington and Adam Samansky in an article for The National Law Journal. Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

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. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

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 court then contextualizes some limits on the common-law aiding-and-abetting doctrine. However, the court does not march through them mechanically in this opinion.]

Social Media 137

Social Media Law Fair Use Blogging 137

Technology & Marketing Law Blog

AUGUST 15, 2022

” The apparent authority doctrine doesn’t change this result. Riben may have created the public impression that she worked for HuffPost, but HuffPost (the principal in this equation) never did. The buyer’s specifications for the outputs, by themselves, do not dictate how the content producer should do its work.

Publishing 101

Publishing Privacy Blogging Intellectual Property Law 101

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Several other companies have also announced plans to pursue interchangeable status for biosimilar products. The number of development programs enrolled in FDA’s Biosimilar Biological Product Development Program has continued to increase, with 100 biosimilar development programs enrolled as of Q4 of Fiscal Year 2021. Reference Product.

Litigation 52

Litigation Settlement Patent Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

Philip Morris Products S.A. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. The inventors experimented to find a wavelength range that worked well and required little energy. Similarly, in R.J. Reynolds Vapor Company v. Institution Reviewability.

Reporting 52

Reporting Art Invention Patent 52

The IPKat

JULY 20, 2021

Now that piques the interest, and the work of these "scholars at large" does not disappoint. here ] and registration of signs mixing distinctive with descriptive/non-distinctive components, resulting in a lack of clarity over their scope of protection [earlier work here ]. here or here ].

Trademark Law 96

Trademark Law Law Trademark Registration 96

Trading Secrets

DECEMBER 29, 2022

Famous example is Coca-Cola recipe, but trade secrets are not limited to products alone and can also be processes, confidential information such as business plans, and other know how. Anatomy of a Restrictive Covenant. View the Recording. secret) 3) that is economically valuable and 4) subject to reasonable efforts to maintain secrecy.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

Famous example is Coca-Cola recipe, but trade secrets are not limited to products alone and can also be processes, confidential information such as business plans, and other know how. Anatomy of a Restrictive Covenant. View the Recording. secret) 3) that is economically valuable and 4) subject to reasonable efforts to maintain secrecy.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] The lawsuits seek to work the ref, hijack other people’s resources for partisan purposes, and rile the partisan’s base. This legal doctrine is hard to establish without privity.

Marketing 111

Marketing Marketing Social Media Law 111

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

And no amount of doctrinal gymnastics can turn the First Amendment’s protections for free speech into protections for free censoring.” “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. ” This is demonstrably false.

Social Media 136

Social Media Publishing Law Blogging 136

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. Agencies can scrutinize material to discover infringing products before put into use in public funded construction projects.

IP 59

IP Marketing Marketing Patent 59