Debevoise Data Blog

FEBRUARY 4, 2025

After many rounds of motions to dismiss, intellectual property cases against AI developers are moving into the discovery phase. Just weeks into 2025, we got our first answer, with a court ordering OpenAI to produce a complete training dataset to plaintiffs. What Happened?

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Eric Goldman

AUGUST 24, 2023

Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. But most of the data on the Internet isn’t easily protectible as intellectual property by those who might have an incentive to protect it. LinkedIn Corp. In the end, it was a pyrrhic victory.

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CaseFox

DECEMBER 14, 2023

Understanding Intellectual Property in the Startup Context The four main types of IP relevant to startups are patents, trademarks, copyrights, and trade secrets. Each protects different aspects of intellectual work and inventions. Being granted a patent, which enables you to sue infringers in federal court.

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The North Carolina Journey of Law and Technology

FEBRUARY 1, 2024

However, independent designers are accusing Shein of something much more sinister: systematic and rampant intellectual property theft amounting to racketeering. The motion also urges the court to dismiss Baron’s copyright infringement claim because “his alleged artwork is not protectable under copyright law.” What’s Next?

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Clio

JANUARY 17, 2024

Regularly engaging with informative, thought-provoking legal blogs is one of the most effective ways to stay on top of industry news, emerging legal trends, innovations in technology, and more. As a lawyer, you have a lot of choices when it comes to law blogs. What is a legal blog? We’re here to help.

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Debevoise Data Blog

JANUARY 13, 2025

But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectual property rights.

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Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

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Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

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Eric Goldman

JULY 26, 2023

The court says that using scraped data after receiving a cease-and-desist notice is not a violation of the CFAA, even if the data was collected from beneath a log-in from a site that prohibits scraping. That’s a reasonable inference from Van Buren , but no court has explicitly said as much before. The terms prohibited scraping.

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Debevoise Data Blog

NOVEMBER 12, 2024

Generally, the DMCA provided additional digital rights management (“DRM”) and copyright protections to aid rights holders in protecting their intellectual property assets by prohibiting the production and distribution of technology that attempts to circumvent DRM and the act of such circumvention. Double Scienter. Corelogic, Inc.,

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Eric Goldman

SEPTEMBER 29, 2024

Prior blog post. But this assertion is belied by the “Create-a-Star” feature and by evidence produced at trial establishing that Defendants previously altered tattoos of wrestlers to avoid infringing on others’ intellectual property.” Obviously the court was bothered by the Create-a-Star feature. ” Really?

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Eric Goldman

DECEMBER 13, 2023

But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. At the circuit court level, the law of copyright preemption of contracts is a circuit split-plus, with at least two and as many as four differentiating positions on what might constitute preemption. 2d 426, 433 (8th Cir.1993)

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Eric Goldman

FEBRUARY 21, 2025

Invisible Narratives sought an ex parte TRO to prevent that from happening, which the court grants. The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters.

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Eric Goldman

JULY 23, 2024

Some hot areas include courts’ treatment of reasonable consumers, online discrimination in ad targeting , and Section 230’s application to scammy online ads. The post Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman appeared first on Technology & Marketing Law Blog.

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The North Carolina Journey of Law and Technology

FEBRUARY 2, 2023

Regardless of whether this suit follows through with litigation or settles outside of court, many agree that this legal battle will be detrimental to the future of A.I. This lawsuit is the first time that courts will have the opportunity to address A.I. generator companies. Interestingly, A.I. generators and similar technology.

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Berkley Technology Law Journal

JULY 9, 2022

Her recent scholarly work includes “The New Private Law and Intellectual Property,” forthcoming in the Oxford Handbook of the New Private Law (2020); and “Intellectual Property as Property,” in the Research Handbook on the Economics of Intellectual Property Law (2019).

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Inside Privacy

FEBRUARY 1, 2024

In this blog post, we outline the current and forthcoming EU legislation on the international transfer of non-personal data. First, they are intended to protect EU intellectual property, confidential information and trade secrets. The restrictions on transfers of non-personal data appear to serve two main purposes.

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Inside Privacy

MAY 4, 2023

On May 4, 2023, the Court of Justice of the European Union (‘CJEU’) decided, in case C-487/21 , that the right to obtain a ‘copy’ of personal data means that the data subject must provide with a faithful and intelligible reproduction of all personal data. Fulfilling the right of access.

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Eric Goldman

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.

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Eric Goldman

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). Abitron garnered far less attention than did other intellectual property (IP) cases argued this term, including Jack Daniels Products, Inc. Hetronic International Inc. , In Yegiazaryan v.

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Eric Goldman

MARCH 5, 2024

This post covers an opinion where the court assumes such vertical integration based on the pleadings (it remains to be seen if that’s actually the case). The print-on-demand service at issue is Pixels, who has appeared on this blog before. Based on that assumption, the opinion offers no good news for the defense. ” UGH.

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Eric Goldman

DECEMBER 13, 2024

Intellectual property law has not traditionally protected the way someone styles their hair, makes up their face, or decorates their home, whether or not those choices are photographed and shared. Sheil (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Sydney Nicole LLC v. –Gifford v.

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Eric Goldman

AUGUST 1, 2023

As a result, courts have recognized three types of liability for copyright infringement: direct infringement (“to do” any one of the five exclusive rights), contributory infringement (“to authorize” another to directly infringe) and vicarious liability (based on the relationship between the direct infringer and the person sought to be held liable).

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3 Geeks and a Law Blog

APRIL 7, 2023

Professor Dobbs runs the IP and Transactional Law Clinic at Richmond and explains that the clinic provides an opportunity for law students to work directly with clients on intellectual property matters, such as copyright and trademark protection, under her supervision. And how have courts done something about it.

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Legal Tech Blog

DECEMBER 23, 2023

Massive Open Online Course on AI and the Rule of Law by UNESCO This free online course on AI and the rule of law, available in seven languages, features 20 speakers from around the world, including sitting judges from Supreme Courts and Human Right Courts, legal experts and technology experts.

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CaseFox

OCTOBER 9, 2023

Whether you are an aspiring law student or a working professional, this blog can be helpful for you. The blog will offer you snapshots of different types of legal practice areas. And the insight from the blog will help you in deciding the right practice area. We will explore different types of law to practice areas.

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Eric Goldman

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.

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Eric Goldman

DECEMBER 27, 2023

Trademark owner lost a jury trial, allegedly because the court’s instructions to the jury about initial interest confusion were not favorable enough to the rightsowner. Whether to accept that belief as credible is for a jury to decide, not a matter of law for the Court, and summary judgment must be denied.” March 29, 2023).

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Eric Goldman

JUNE 22, 2023

” has: $100k in annual revenue “from its editorial content,” or an ISSN (good news for me; my blog ISSN is 2833-745X ), or is a non-profit organization 25%+ of content is about “topics of current local, regional, national, or international public interest.” ” The court also questioned the tailoring fit.

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Legal Tech Monitor

SEPTEMBER 12, 2023

DOCUMENT AND DEPOSITION SUMMARIES One thing artificial intelligence does well is summarizing lengthy documents, such as depositions or long court opinions. Supreme Court opinion, U.S. is not for legal writing, but it is a great tool for writing for a general audience, whether it is a blog post or website copy. A recent U.S.

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Legal Expert Connections

DECEMBER 4, 2023

“Courting Your Clients” via membership organizations is a valuable resource for lawyers looking to generate leads and grow their business. The topics that are covered by your various organizations serve as suitable information that can be converted into a blog post or social media update. Want to learn more?

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CaseFox

MAY 23, 2023

In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. Litigators possess extensive experience in handling civil cases, such as personal injury claims , commercial disputes, and intellectual property matters.

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Legal Expert Connections

JULY 31, 2024

Plan blog posts, social media updates, newsletters, and webinars. Courting Your Clients is offered exclusively by Legal Expert Connections, Inc., LinkedIn is the leading social media platform for the legal market, but Facebook can also be important to law firms with a business-to-consumer (B2C) model. Prioritize Email Marketing.

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The North Carolina Journey of Law and Technology

FEBRUARY 9, 2024

The Intellectual Property Clause grants Congress the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” 102 subject matter. These inconsistencies may have real world consequences.

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MatterSuite

FEBRUARY 27, 2024

In this blog, we will explore all the ways you can host webinars and why it is important to host webinars in the legal industry. Offer insights into protecting intellectual property and avoiding common legal pitfalls. Offer guidance on ensuring a smooth and legally sound property transaction.

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Richmond Journal of Law and Technology

NOVEMBER 22, 2023

3] With swift and fierce action, UMG had “Heart on My Sleeve” completely wiped from the internet on the basis of intellectual property concerns. [4] An AI generated song titled “Heart on My Sleeve,” was created by an anonymous TikTok user in April of this year. [1] 1] Joe Coscarelli, An A.I.

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MatterSuite

FEBRUARY 27, 2024

In this blog, we will explore all the ways you can host webinars and why it is important to host webinars in the legal industry. Offer insights into protecting intellectual property and avoiding common legal pitfalls. Offer guidance on ensuring a smooth and legally sound property transaction.

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