Technology & Marketing Law Blog

AUGUST 30, 2023

The litigants directly compete. It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. ” Relatedness of goods.

Advertising 87

Advertising Advertising False Advertising Trademark 87

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement.

Patent 120

Patent Settlement Invention Inventor 120

TorrentFreak

JANUARY 24, 2022

When copyright holders observe an IP address sharing unauthorized content in a BitTorrent swarm, they need to match that IP address to a real-life name and physical address if they want to take things any further. ” That could mean a settlement letter in the post or a full lawsuit aimed at achieving the same.

Settlement 122

Settlement Copyright IP Copying 122

TorrentFreak

AUGUST 16, 2021

The complaint alleges that the plaintiffs sent more than 5,800 DMCA notices to the ISP’s abuse department, which included IP address, port numbers, and times of infringement. To support this claim, the movie companies turn to evidence handed to them as part of a settlement deal with the operator of the YTS torrent site.

Copyright Infringement 142

Copyright Infringement IP Copyright Reporting 142

TorrentFreak

SEPTEMBER 23, 2021

An IP address is not sufficient to prove that subscribers downloaded any infringing material, the ISP claims, pointing to the ‘Cobbler’ case. These entities have previously sued individual file-sharers in various courts to extract easy settlements. — A copy of Wow!’s Motion to Dismiss. According to Wow!

Settlement 117

Settlement Copyright Infringement Copyright Music 117

TorrentFreak

SEPTEMBER 15, 2021

In some cases, people will opt to pay a settlement fee, which over hundreds or even many thousands of threats, can amount to a significant new revenue stream for the movie company. Warning Signs Appeared a Few Months Ago. This would be a matter to be determined by the Court in any subsequent claim.”

Settlement 98

Settlement Copyright IP Reporting 98

TorrentFreak

APRIL 6, 2023

Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance,” they wrote. argued that an IP address is not sufficient to prove that subscribers downloaded or shared any infringing material. lawsuit is available here (pdf).

Copyright Infringement 108

Copyright Infringement IP Copyright Reporting 108

Technology & Marketing Law Blog

JULY 18, 2023

We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

TorrentFreak

APRIL 29, 2024

Tracking BitTorrent pirates isn’t all that hard since IP addresses are openly broadcasted. In the United States, subpoenas are typically obtained by filing a copyright complaint in federal court against a “John Doe” who’s known only by an IP address. The movie companies used various arguments to make their case.

Settlement 88

Settlement IP Copyright Infringement Copyright 88

IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. The defendant in their motion of attorney’s fees argued that the plaintiff unreasonably litigated the case.

Litigation 61

Litigation Advertising Advertising Settlement 61

Technology & Marketing Law Blog

JANUARY 8, 2024

the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t. In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment.

Trademark 80

Trademark Advertising Advertising False Advertising 80

LexBlog IP

DECEMBER 2, 2021

A settlement agreement was reached where Elation could inspect the software developed by Shi and prevent the use of any trade secrets or confidential information. The jury also found Shi breached the settlement agreement. ” In the partially published case, Elation Sys. Elation appealed the order granting the JNOV.

Confidentiality 52

Confidentiality Settlement Publishing Contracts 52

Garrigues Blog

OCTOBER 19, 2021

weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Successful products and services are likely to have their trademarks copied. Therefore, before emabarking on any enforcement action, you need to gather as much information as possible on the entity copying your trademark(s).

Trademark 59

Trademark Cease and Desist Registration Litigation 59

LexBlog IP

MAY 17, 2023

And the WGA has said that its writers’ using AI as a tool is acceptable: There would essentially be a robot in the writers’ room with writers supplementing their craft with AI-generated copy, but without AI wholly usurping their jobs. Can you DMCA or sue someone who copies that?

Art 52

Art Copying Television Copyright 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia wasn’t offering any services at all, but also, note the ad copy–the headline says “horror story” and the text says “They abruptly fired me,” which were pretty good tipoffs to consumers of what they should expect at the link. To marketplace alternatives that they independently discover and vet?

False Advertising 99

False Advertising Advertising Advertising Trademark 99

LexBlog IP

MAY 24, 2023

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might remember that we previously reported on this lawsuit when it was filed, in January 2022. my son’s football game.

Advertising 52

Advertising Advertising Settlement Copying 52

IP Tech Blog

NOVEMBER 1, 2022

OpenSky’s petition was largely a copy of Intel’s earlier petition, as to which the PTAB denied institution of an IPR based on the prospective timing of trial in a parallel proceeding in the Western District of Texas (relying on timing in particular as one of the “Fintiv” factors in an analysis under Apple, Inc. Fintiv, Inc. ). Stay tuned.

Patent 57

Patent Litigation Copying Technology 57

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. Employee agrees that she will not duplicate or otherwise copy any such property. On January 29, 2024, the Region reached a settlement with the respondent company.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

Technology & Marketing Law Blog

JANUARY 4, 2024

Hyponix requested these documents after Amazon froze its account, but Plaintiff provided only a copy of certain website pages of Hyponix’s product. In other words, the plaintiff can completely abuse their litigation but get more chances. ” In a prior ruling, the court said it had “serious doubt. or April 18, 2023.” Emoji GmbH v.

Litigation 79

Litigation Patent Blogging Trademark 79

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

PDF copy available. For category placement, we relied on data collected and analyzed in the Stanford Law School NPE Litigation Database.[6] 13] Settlement occurred after the court ordered Energy Innovation to show cause why it failed to comply with the court’s fee order[14] and NCR moved the court to enforce the judgment.[15].

Patent 52

Patent Litigation Patent Infringement Inventor 52

LexBlog IP

APRIL 12, 2022

The authority that the FTC is using here is set forth in Section 5(m)(1)(B) of the FTC Act, and the agency can only obtain civil penalties if it can show that the target had “actual knowledge” that the practices had previously been deemed deceptive or unfair by the FTC in litigated administrative decisions.

Settlement 52

Settlement Copying Marketing Marketing 52

The IP Law Blog

AUGUST 26, 2021

After approximately one year of litigation, the federal district court in California granted partial summary judgment to Flo & Eddie finding that section 980 did provide sound recording owners with the right of public performance and thus entitled them to royalties.

Copyright Law 98

Copyright Law Copyright Law Ownership 98

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Other IP Developments TVS chairman’s family enters into an agreement to avoid future trademark tussles.

Trademark 52

Trademark Patent Copyright Confidentiality 52

LexBlog IP

NOVEMBER 1, 2022

OpenSky’s petition was largely a copy of Intel’s earlier petition, as to which the PTAB denied institution of an IPR based on the prospective timing of trial in a parallel proceeding in the Western District of Texas (relying on timing in particular as one of the “Fintiv” factors in an analysis under Apple, Inc.

Copying 52

Copying Patent Litigation Settlement 52

Copyright Lately

OCTOBER 24, 2022

In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair. This prompted a quick settlement which allowed the chair to remain in the picture. When filmed, these items may be obscured, out of focus, and virtually unidentifiable.

Artwork 89

Artwork Copyright Infringement Copyright Art 89

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. When settlement discussions proved fruitless, Romag sued. Reproduced with permission.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

AUGUST 26, 2021

After approximately one year of litigation, the federal district court in California granted partial summary judgment to Flo & Eddie finding that section 980 did provide sound recording owners with the right of public performance and thus entitled them to royalties. ”). .”

Copyright Law 52

Copyright Law Copyright Law Ownership 52

LexBlog IP

AUGUST 26, 2021

After approximately one year of litigation, the federal district court in California granted partial summary judgment to Flo & Eddie finding that section 980 did provide sound recording owners with the right of public performance and thus entitled them to royalties. ”). .”

Copyright Law 40

Copyright Law Copyright Law Ownership 40

Kluwer Copyright Blog

SEPTEMBER 13, 2023

the UK’s IP Enterprise court has been described as filling a similar role since 2012 ), the CCB has been closely watched and hotly debated (see here , here , and here ). Deal (another known and aggressive serial copyright litigant). million in ongoing yearly costs. Though not entirely unique (e.g.,

Copyright 76

Copyright Litigation Copying Journalism 76

TorrentFreak

JULY 19, 2023

Rare File-Sharing Trial Many of these cases result in private settlements and are never heard of again. It’s unusual for such a file-sharing case to be so heavily litigated since that’s quite costly for both sides. The adult company uses tracking software to monitor the IP addresses in BitTorrent swarms.

Settlement 79

Settlement Confidentiality Copyright Litigation 79

43(B)log

AUGUST 12, 2022

Similarity to Doe defendants—one advantages is plaintiff can use the revelation of identities of defendants as leverage to get settlement, as in the porn/© cases. The point is not to litigate, but to get the court order to take to a place like Amazon, which will shut down the entire business and not just the targeted conduct.

Settlement 57

Settlement IP Music Licensing 57

IP and Legal Filings

DECEMBER 17, 2023

ii] This unreported judgement helped bring the grievances on the table for the others to see that copyright law has deficiencies in terms of music sharing and copying along with royalty issues. viii] Spotify, Pandora and other companies also follow the principle of settlement rather than compliance in their regimes.

Copyright Law 72

Copyright Law Copyright Music Law 72

TorrentFreak

DECEMBER 20, 2022

Many of these cases result in private settlements and are never heard of again. It’s unusual for such a file-sharing case to be so heavily litigated. In the pretrial statement, Strike 3 explains that it repeatedly found that an IP address, assigned to John Doe, shared the pirated movies. Rare Files-Sharing Trial.

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Copyright Settlement Social Media Blogging 130