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Recent Posts
- Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
- court: there’s no right to jury trial when seeking only injunction/disgorgement in false advertising case
- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
- Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue
- Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case
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Meta
Tag Archives: copyright
copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching
Roblox Corp. v. Wowwee Gp. Ltd., 2023 WL 2433970, — F. Supp. 3d –, No. 22-cv-04476-SI (N.D. Cal. Mar. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Users interact … Continue reading
Apple v. Corellium out: 11th Cir. finds copying for security research transformative
Apple v. Corellium, Inc., No. 21-12835 (11th Cir. May 8, 2023) The Eleventh Circuit affirmed the core finding that Corellium’s copying of iOS for security research purposes was fair use, but vacated and remanded for further analysis of contributory infringement … Continue reading
Pandemic art kit didn’t infringe artist’s rights
Keck v. Mix Creative Learning Center, LLC, No. 4:21-CV-00430, 2022 WL 19691177 (S.D. Tex. Dec. 19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; … Continue reading
using competitor’s images in comparative advertising is fair use even when appearance isn’t being compared
I Dig Texas, LLC v. Creager Servs., LLC, 2023 WL 3066119, No. 22-CV-0097-CVE-JFJ (N.D. Okla. Apr. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, … Continue reading
27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 4: Industry Perspectives
Moderator: Daphne Keller, Stanford Cyber Policy Center DSA represents a shift to operational mandates compared to DMCA, Art. 17—thoughts? Sabrina Perelman, Pinterest: Important to remember what DSA is and isn’t. We’ve preserved the safe harbor, prohibition against general monitoring. … Continue reading
27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 3: Intended and Unintended Consequences of the DSA
Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new … Continue reading
27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Shira Perlmutter, Register of Copyrights, Keynote on emerging tech
Shira Perlmutter AI detection and AI generation of content: CO has role to play in applications for registration and as advisors to Congress/exec branch on © law and policy. Use of tech measures to detect works online: we published a … Continue reading
27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 2: Will the DSA Achieve a “Brussels Effect”?
Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? Criteria favoring a Brussels Effect … Continue reading
27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Keynote and copyright interactions
Opening Keynote by Irene Roche-Laguna of the European Commission’s DGCONNECT group on origins and aspirations for the DSA People thought it couldn’t be done; didn’t know whether it would be a directive or a regulation. But took only 6 months … Continue reading
27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Liability and Copyright Law
Tutorial “The EU Digital Services Act – Overview and Central Features” General DSA Architecture and Approach Martin Senftleben, University of Amsterdam Formally, the safe harbor system is still in place for mere conduit, caching and hosting services for third-party information … Continue reading