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YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube

Technology & Marketing Law Blog

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A AOL from 2003, a case I still include in my Internet Law casebook. Indeed, the court agrees that “section 230 does not necessarily provide immunity for all contract-based causes of action.” ” [Discussing Cross v. .”

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Prefiling Offer by Business Partner Dooms Patent

Patently-O

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

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On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms

The TTABlog

In its December 2018 decision, the Board concluded that Petitioner Australian lacked "standing": it could not show an interest in the proceeding or a reasonable belief of damage because it had contracted away its proprietary rights in its unregistered marks. Nor did respondent have advertising material or seek FDA approval.

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Court trims claims against for-profit "charity" sweepstakes site that keeps 85% of "donations"

43(B)log

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. The court granted the motion to dismiss in part.

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If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Citing a 2003 Ninth Circuit case, Kremen v. .” It didn’t. Implications.