IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Google, Inc.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Technology & Marketing Law Blog

JANUARY 12, 2025

” The plaintiffs brought a pre-enforcement challenge to the law, but the court denies a preliminary injunction. Either way, the deepfakes law is effectively a mandatory disclosure law, where any content is permitted so long as it displays the “parody” label, regardless of whether it would legally qualify as a parody or not.

Law 64

Law Reporting Editing Blogging 64

IP Law 360

JANUARY 22, 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

Litigation 98

Litigation Marketing Marketing 98

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

Technology & Marketing Law Blog

DECEMBER 27, 2022

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

Privacy 116

Privacy Marketing Marketing Social Media 116

IP and Legal Filings

NOVEMBER 12, 2024

However, the process is quite challenging, and small mistakes can result in everything being disarranged, with regard to causing delays in the application, litigations, or even refusal of the application. Many businesses secure trademarks at home but forget to protect their brands in the other markets they will expand in.

Trademark 97

Trademark Branding Brands Branding 97

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 98

Litigation Patent Intellectual Property Branding 98

Technology & Marketing Law Blog

JANUARY 18, 2025

” Market effect: “Townsquare’s article reporting on the original Jordan video similarly contained that original video as part of an embedded post from X, including additional text and images from the X post, and there is thus little to no risk of market usurpation.”

Copyright 96

Copyright Social Media Licensing Fair Use 96

IP Law 360

JANUARY 10, 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

Litigation 96

Litigation Marketing Marketing 96

Technology & Marketing Law Blog

JULY 26, 2021

[The 2021 edition of my Internet Law casebook is coming soon. The CCB will be dominated by claims over alleged online infringement, so it’s a major development for online copyright law. The CCB is part of the Copyright Office, reflecting the office’s existing expertise in copyright law. This excerpt is a new note on the CCB.

Copyright 142

Copyright Law Registration Copyright Infringement 142

Technology & Marketing Law Blog

AUGUST 14, 2022

Therefore, at the motion to dismiss stage, the Court cannot conclude as a matter of law that Jack adopted the content of the tweet and was therefore calling himself a member of the QAnon movement by using the word “we.” Oddly, this issue wasn’t properly litigated in this motion because CNN raised it too late in briefing.

Law 133

Law Social Media Reporting Government 133

Patently-O

JANUARY 17, 2024

The baseline approach in American patent law is that any injunction issued by the district court will stay in effect through the duration of any appeal. So, bottom line here is that the Apple Watch stays on the market, but only if it disables the Pulse-Oximetry functionality.

Marketing 116

Marketing Marketing Cease and Desist Confidentiality 116

Technology & Marketing Law Blog

NOVEMBER 29, 2021

My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). All of the submitters are repeat players from the Florida litigation. It could be as early as later this week. Amicus Briefs.

Social Media 130

Social Media Law Television Reporting 130

Indiana Intellectual Property Law

FEBRUARY 3, 2025

are again in litigation over their crossing business of manufacturing and selling valves and pipe fittings. Indiana-based companies, Banjo Corporation and Green Leaf, Inc., Now Green Leaf is suing Banjo for the use of domain names and trademarks.

Trademark 52

Trademark Marketing Marketing Litigation 52

The IPKat

MARCH 19, 2025

The variety is marketed under the trade mark Envy or . Envy launched in the Chinese market in late 2023, thanks to a 2018 licensing deal with the Joy Wing Mau fruit company. The Case China amended its Seed Law in 2021 to strengthen its plant variety protection system. The new law entered into force on 1 March 2022.

Marketing 64

Marketing Marketing Law Licensing 64

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. Don’t worry! You’re not alone. If you said something like “web scraping is illegal”. That’s misleading at best.

Blogging 131

Blogging Law Contracts Cease and Desist 131

Patently-O

SEPTEMBER 18, 2024

Cotter, Taft, Stettinius & Hollister Professor of Law, University of Minnesota Law School As readers of this blog are aware, organizations such as the European Telecommunications Standards Institute (ETSI), IEEE, and others promulgate standards that enable products such as smartphones and other complex technological devices to interoperate.

Law 80

Law Litigation Blogging Licensing 80

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

Law 111

Law Social Media Advertising Advertising 111

Technology & Marketing Law Blog

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. Common Law Trespass to Chattels Per Hamidi, common law trespass to chattels plaintiffs must show a measurable loss to computer system resources. Are Cookie/Pixel Walls Coming?

Law 119

Law Litigation Technology Blogging 119

Technology & Marketing Law Blog

SEPTEMBER 18, 2024

The tsunami of anti-AI laws (and other laws against synthetic content) put all of those AR filters in jeopardy–after all, they produce fake algorithmically-generated images. But before we get there, AR filters are in jeopardy due to an old-school privacy law, the Illinois Biometric Information Privacy Act (BIPA).

Privacy 97

Privacy Law Social Media Blogging 97

IP Law 360

JANUARY 31, 2025

Here, Law360 looks at these and other new claims in the U.K.

Litigation 52

Litigation Marketing Marketing 52

Plagiarism Today

OCTOBER 19, 2022

However, the news comes as open-source programmer and lawyer Matthew Butterick announced he’s teaming up with several class action litigators to investigate the possibility of a lawsuit against GitHub, and its owner Microsoft, over Copilot’s alleged violation of open-source authors’ rights.

Licensing 264

Licensing Copying Fair Use Litigation 264

Technology & Marketing Law Blog

DECEMBER 8, 2023

Plaintiffs CAN’T WAIT to sue Internet services using the Texas social media censorship law. Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law. The plaintiffs may have to sue in California if the law survives Constitutional scrutiny. But surprise! I hope it doesn’t.

Social Media 98

Social Media Law Litigation Blogging 98

IP Watchdog

JANUARY 11, 2022

Licensing negotiations are not static snapshots in time, they often evolve and change according to developing circumstances, case-law, parties’ conduct, and many other factors. This short article focuses on how risk – in the economic and legal sense – changes over time, and what this implies for patent licensing dynamics.

Licensing 122

Licensing Business Marketing Marketing 122

The IPKat

JUNE 6, 2024

This is a review of “ Cross-Border Trade Secret Disputes in the European Union - Jurisdiction and Applicable Law ” by Lydia Lundstedt (Stockholm University) a publication that is part of the Elgar Monographs in Private International Law. The book is divided into two distinct parts. In more detail: Part 1 “The Factual.

Law 88

Law Intellectual Property Intellectual Property Law Publishing 88

JD Supra Law

MARCH 12, 2025

On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Patrick Lavery discuss a groundbreaking Federal Circuit decision in Lashify v. based sales, marketing, and distribution activities.

Litigation 64

Litigation Marketing Marketing IP 64

Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? As a result, the opinion only discusses common law contributory infringement claims. But does a statutory notice satisfy the common law knowledge requirement? CloudFlare’s block ). ” Ugh.

Copyright Law 115

Copyright Law Copyright Law Copyright Infringement 115

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? billion today, only to grow manifold.

Copyright Law 104

Copyright Law Copyright Fair Use Law 104

Technology & Marketing Law Blog

JUNE 21, 2022

This definition of social media was never meant to be used as a statutory definition, and every word invites litigation. Though decades of litigation might ultimately answer the question, I expect that the language likely covers all UGC services. ” The Law’s Requirements.

Social Media 133

Social Media Law Publishing Reporting 133

Technology & Marketing Law Blog

JUNE 12, 2024

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. The law prohibits businesses from suppressing consumer reviews (on Yelp or elsewhere). Thus, more likely, this law is one of thousands of laws that the California legislature passes with some hype but then gets widely ignored.

Law 75

Law Contracts Litigation Business 75

Technology & Marketing Law Blog

JANUARY 22, 2022

” Market Effect. “there is no danger that the Dubtown Video will usurp the market for which Watch Tower intends its works. However… This litigation started June 2018, and it took 3.5 Q2 2015 Quick Links, Part 1 (IP, Marketing and More). This is good news for Kevin McFree. years to reach this point.

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. This isn’t to say there’s been no litigation in this area.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Technology & Marketing Law Blog

AUGUST 9, 2021

” A line no litigant ever wants to see in a court opinion discussing their evidence. Bonus: keep your cool if your litigation opponent produces smoking-gun evidence until you’ve verified its credibility. Montefiore Medical appeared first on Technology & Marketing Law Blog. to iOS10.0.].

Litigation 144

Litigation Technology Blogging Marketing 144

Intellectual Property Law Blog

SEPTEMBER 20, 2021

The NFT market is just getting started, as the innovation is only in its infancy. It is likely some of the current licenses will lead to litigation. Careful consideration of potential, forthcoming legal issues will be necessary as more industries begin to utilize NFTs.

Licensing 187

Licensing IP Art Business 187

IP and Legal Filings

FEBRUARY 2, 2024

To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4].

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

Technology & Marketing Law Blog

AUGUST 10, 2022

Yesterday, I covered AB587, an editorial transparency law. California taxpayers would benefit from seeing how that litigation is resolved before undertaking the inevitable costs to defend this law against those same challenges. Monday, I covered AB 2273, the Age-Appropriate Design Code.

Social Media 136

Social Media Blogging Privacy Government 136

Copyright Lately

OCTOBER 20, 2024

Skiplagged’s defense also highlighted its website’s disclaimers, which warned users that hidden city ticketing “may upset the airline” and marketed itself as exposing fares airlines “don’t want you to see.” A good example comes from a case I litigated years ago on behalf of Costco. million in actual damages and an additional $4.7

Copyright 86

Copyright Fair Use Social Media Business 86