Remove 2023 Remove Cease and Desist Remove Copyright Remove Public Domain
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

In November 2023, X corp. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. That’s what copyright law is for. Facebook objected and sent a cease-and-desist letter. citations omitted) X Corp. Bright Data at 21.

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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

IP 98
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2023 IP Resolutions Start with a Review of IP Assets

LexBlog IP

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

IP 52
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SpicyIP Weekly Review (March 20-March 25)

SpicyIP

Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Case: Bennett Coleman and Co. ARG Outlier Media Pvt. & Ors.,

Designs 88
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SpicyIP Weekly Review (May 8- May 13)

SpicyIP

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Deadline for the Applications: 11:59pm IST, 23rd June, 2023. on 1 May, 2023 (Delhi High Court Order No.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

Elster and held oral argument on November 1, 2023, most commentators believe—like me —that the Court will reverse the Federal Circuit and hold that Section 2(c) is consistent with the Free Speech Clause of the First Amendment on its face and as applied to Elster’s trademark application. After the Supreme Court granted cert in Vidal v.