TorrentFreak

DECEMBER 11, 2023

Outfits that target blogs and other websites for using photos without permission, for example. Targets are encouraged to pay settlements to ensure these legal problems go away. In a recent blog post , EFF explains its concerns in detail, asking the Supreme Court to mind the trolls.

Copyright 128

Copyright Copyright Infringement Settlement Music 128

Technology & Marketing Law Blog

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Not so much on the facts of the case, but mostly on where it is being litigated.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Nelligan Law

SEPTEMBER 17, 2024

Sometimes potential litigants dismiss their injuries as unlikely to attract high damage awards or to be worth the stress of litigation. For example, if you sustained a physical injury in a car accident on January 7, 2022, your limitation period would be no later than January 7, 2024.

Settlement 105

Settlement Litigation Law Blogging 105

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

As my declaration explains, I estimate that over 10,000 defendants have been ensnared in this litigation net in the past 15 months or so. GmbH as a Possible Trademark Troll appeared first on Technology & Marketing Law Blog. While the defendants’ names remain sealed, Emoji Co. then voluntarily dismisses the defendants.

Trademark 145

Trademark Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

JANUARY 9, 2022

GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. Dear [smiley]” formed a settlement agreement. The post 2021 Emoji Law Year-in-Review appeared first on Technology & Marketing Law Blog. I wrote an expert opinion characterizing Emoji Co.

Law 145

Law Registration Settlement Litigation 145

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I would welcome yours.

IP 105

IP Intellectual Property Journalism Settlement 105

Technology & Marketing Law Blog

MARCH 7, 2022

The one actually litigated in the case (these images come from the complaint) is here.) For more details, see the section “A Brief History of Copyright Registration” in my previous blog post.). 881 (2019), and my previous blog post. A Google search turns up three different pairs of designs with differing degrees of similarity.

Registration 98

Registration Blogging Copyright Design 98

Patent Trademark Blog

APRIL 17, 2023

You can think of a TTAB trademark opposition as a mini-litigation between the opposer and the trademark applicant. So the cost of litigation will depend upon how far both sides are willing to go to fight for their trademark rights. defendant), consider settlement options, counterclaims and any potentially dispositive motions.

Trademark 95

Trademark Settlement Litigation Blogging 95

JIPL Online

MARCH 15, 2021

1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

IPilogue

APRIL 22, 2022

This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. In the end, settlement was in the best interests of both parties. The global settlement includes a worldwide patent license to certain ViiV patents related to dolutegravir. sales of Biktarvy.

Patent 119

Patent Settlement Invention Inventor 119

Technology & Marketing Law Blog

OCTOBER 6, 2023

McGucken is a professional photographer who has appeared on the blog before. I’m sure ShutterStock would have written a $2,131 settlement check to avoid the litigation. ShutterStock appeared first on Technology & Marketing Law Blog. Is the attorneys’ fee shift motivating some or all of this lawsuit?

Licensing 98

Licensing Blogging Settlement Litigation 98

Technology & Marketing Law Blog

JUNE 6, 2022

I blogged about these volume limits in a prior post , when the Copyright Office proposed allowing only 10 cases per year per plaintiff. Some of the things I worry about the most: the low filing cost and simplified procedures will invite unmeritorious claims that will prompt defendants to accept low-value settlements rather than fight.

Copyright 142

Copyright Registration Settlement Law 142

IPilogue

JANUARY 24, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. External counsel were assigned to individual files, but in-house counsel kept abreast of developments through regular updates to their litigation reports, which provide an overview of ongoing litigation from claims to timelines.

Intellectual Property 81

Intellectual Property Branding Brands Branding 81

Patent Trademark Blog

JUNE 7, 2023

What makes the cost of patent litigation so high? What would you think if I told you that the average patent litigation cost exceeds well over $1 million ? Actually, several factors contribute to the overall cost of patent infringement litigation. What factors make patent litigation so costly?

Litigation 52

Litigation Patent Patent Infringement Licensing 52

Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

IPilogue

AUGUST 17, 2022

As the patent collections of large corporations grow and products begin to materialize, one should expect an increase in patent litigation surrounding virtual reality soon. In the face of increased patent litigation, IP lawyers and lawmakers interacting with the AR/VR patent landscape should consider 2 potential problems.

Ownership 105

Ownership Patent Litigation Technology 105

Patent Trademark Blog

NOVEMBER 4, 2024

How much does patent litigation cost? According to statistics and economic surveys , the median patent litigation cost is roughly $1.5 How can smaller businesses reduce patent litigation costs to make them within reach? Need more affordable costs for patent litigation? What are affordable ways to litigate patents?

Litigation 40

Litigation Patent Patent Infringement Settlement 40

IP Tech Blog

MAY 17, 2023

Whether or not AI works infringe the copyrights on the original works is an issue that is currently being litigated in a pair of lawsuits against Stability AI , the startup that created Stable Diffusion (an AI tool with the impressive ability to turn text into images in what some have dubbed the most massive art heist in history ).

Art 104

Art Copyright Copying Technology 104

Technology & Marketing Law Blog

MARCH 3, 2022

The court also upholds the attorneys’ fee award with more critical remarks about Bell’s litigation: He has a long history of suing public institutions and nonprofit organizations over de minimis uses of his work. This is yet another case where a serial litigant loses a fair use ruling on a motion to dismiss. Implications.

Fair Use 116

Fair Use Litigation Marketing Marketing 116

IPilogue

JULY 5, 2022

This case could have led to several outcomes including, but not limited to, the pub running out of financial resources midway through litigation or the pub feeling pressured into a settlement. Condé Nast clearly has many more resources to help them fight such a battle.

Cease and Desist 119

Cease and Desist Intellectual Property Law Intellectual Property Settlement 119

IPilogue

JANUARY 25, 2023

Teva can never rely on a patent expiry date as another generic may be in litigation to invalidate that patent tomorrow, in which case Teva would be too behind to launch their own version of the medicine if they weren’t paying attention to the litigation within the industry. I participated in a settlement negotiation.

Confidentiality 105

Confidentiality Contracts Intellectual Property Law Litigation 105

Patent Trademark Blog

OCTOBER 24, 2024

In patent litigation, both infringement and invalidity issues may be argued. The post Utility Patent Infringement: The Most Important Things to Know appeared first on Patent Trademark Blog | IP Q&A. No costs or attorney’s fees are recoverable in USPTO patent reexaminations.

Patent Infringement 52

Patent Infringement Patent Cease and Desist Due Diligence 52

Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” Prior Blog Posts on the SAD Scheme In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v.

Publishing 69

Publishing Intellectual Property IP Litigation 69

Technology & Marketing Law Blog

JULY 26, 2021

However, sometimes the likely damages award from a successful federal copyright lawsuit will be less than the attorneys’ fees and other costs to litigate it. To get around this, the CCB proceedings are nominally “voluntary” to the litigants. Currently, all federal copyright infringement claims must be filed in federal court.

Copyright 142

Copyright Law Registration Copyright Infringement 142

LexBlog IP

MAY 31, 2022

Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications – for privacy practitioners and beyond. And keep in mind, unlike agency policy statements, a blog post like this is not voted on or even reviewed by the commissioners (except, perhaps, the chair’s office).

Blogging 52

Blogging Technology Privacy Settlement 52

Technology & Marketing Law Blog

DECEMBER 4, 2023

Applying the court’s inherent authority to punish bad faith litigation, the court concludes: “Roblox multiplied the proceedings of this case in bad faith.” The court implies that Roblox should have just accepted a low-value settlement and moved on, but Roblox has the right to adjudicate its case. Bigfinz , 2023 U.S.

Settlement 116

Settlement Blogging Trademark Law 116

Technology & Marketing Law Blog

DECEMBER 5, 2023

This blog post tracks the Goorin Bros. Judge Seeger starts by reinforcing the importance of judicial transparency: “A party who wants to depart from that longstanding tradition, and litigate in secret, must carry a heavy burden.” In very similar opinions, Judge Seeger explained why defendant sealing is inappropriate.

Settlement 98

Settlement Blogging Law Litigation 98

Technology & Marketing Law Blog

JULY 25, 2021

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. lululemon appeared first on Technology & Marketing Law Blog.

Advertising 111

Advertising Advertising Settlement Trademark 111

TorrentFreak

MAY 16, 2022

After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. McFree rejected Watch Tower’s proposed settlement and his defense went on the offensive. The stipulation of dismissal can be found here (pdf) and Paul Levy’s excellent blog here.

Fair Use 134

Fair Use Copyright Litigation Music 134

Patently-O

JANUARY 23, 2024

The Schedule A litigation phenomenon continues apace in the Northern District of Illinois, a court that has become, in the words of Judge Seeger, “ an assembly line for TROs.” But Schedule A litigation is not confined to Chicago. The plaintiff gets a TRO with an asset freeze, then starts making settlement demands.

Litigation 85

Litigation Settlement Patent IP 85

IPilogue

JULY 19, 2022

2] More specifically, AI can be deployed to help the growing number of self-represented litigants navigate the justice system, and also assist low-income households explore avenues of recourse they may not have pursued without this type of technological assistance. [3].

Privacy 119

Privacy Journalism Settlement Technology 119

Technology & Marketing Law Blog

DECEMBER 27, 2022

NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. The settlement agreement. Prior blog post. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. Marketing. *

Privacy 116

Privacy Marketing Marketing Social Media 116

JIPEL Copyright Blog

MARCH 7, 2022

This choice, while met positively by many film aficionados – especially those not yet ready to attend live events – has sparked litigation from many sides. Between Johansson’s settlement and this ongoing litigation, it’s clear that this issue is not yet resolved, and entertainment’s adaptations to a post-2020 world remain to be finalized.

Litigation 52

Litigation Settlement Contracts Technology 52

IPilogue

OCTOBER 20, 2021

Concluding the war between Xiaomi and InterDigital, the two companies have reached settlements. These settlements come after InterDigital brought claims to courts in Delhi, India and Munich, Germany. Both courts agreed that Xiaomi’s anti-suit injunction was inconsistent with the law and overturned the Wuhan ruling.

Intellectual Property 104

Intellectual Property Settlement IP Technology 104

BYU Copyright Blog

MARCH 21, 2022

Our last blog post on the Bell v. The court also stated "that Bell is a serial litigant, who makes exorbitant demands for damages in hopes of extracting disproportionate settlements[,]" and therefore "[a]ttorney's fees were thus an appropriate deterrent." Winning isn't normal.

Fair Use 75

Fair Use Settlement Blogging Copyright 75

BYU Copyright Blog

SEPTEMBER 6, 2021

In our June 6, 2021, blog post we reported on a lawsuit between two companies that guide prospective college students in their application process. Now that the Complaint and Answer have been filed, both parties will proceed forward into litigation. Plaintiff Ivy Coach, Inc. (“Ivy”)

Copying 52

Copying Fair Use Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT!

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124