This week, there was an interesting trademark development in the Reddit community <wallstreetbets> which Franklin Graves and Evan Brown discussed, a ruling in which the creator of the community had no trademark rights. Also, Professor Goldman had his annual post looking back at the top developments in the last year. Further, as a reminder, my…
Category: Cases
Links for Week of January 12, 2024
This week, an Ohio social medial law was blocked for vagueness. The law would have required parental approval for children’s social media accounts. Evan Brown had a nice post on an Alaskan court allowing blockchain service of process, in a case involving blockchain. Further, I liked Dennis Kennedy’s musings on why he’s decided to step…
Links for Week of December 29, 2023
This week, the New York Times sued Microsoft and Open AI for copyright infringement for including its content within the large language models of ChatGPT and Bing AI. Also, Evan Brown had a good summary of a recent ruling in the Southern District of New York involving the liability of platform owners for allowing allegedly…
Links for Week of December 22, 2023
This week, the 5th Circuit narrowly denied a rehearing en banc in a case involving Section 230 immunity, which I found interesting. In a slow news week, I really got a good laugh out of an article linked to by Paul Hsieh of GeekPress – The original Wikipedia article on the Ship of Theseus has…
Links for Week of December 15, 2023
This week, Marty Schwimmer had a good post about a SAD enforcement case gone bad. Another lawyer cited non-existent cases in a brief apparently prepared with AI assistance. And, Cathy Gellis posted about an amicus brief she wrote on behalf of the Copia Institute. Finally, we note that the EU has implemented an agreement in…
Links for Week of December 8, 2023
This week, news broke that Apple and Google were giving US government sources information from push notifications on smartphones. These companies had been under orders not to reveal the program’s existence, but now that the news of the program was out there the companies could notify users appropriately if future requests were made. I also…
Links for Week of December 1, 2023
This week, I liked the IAPP’s article on President Biden’s AI Executive Order. I also noted that the 5th Circuit is considering a standing order requiring lawyers to certify that either no AI was involved in the preparation of court filings, or to certify that they had been reviewed by a human afterwards. Finally, I…
Links for Week of October 6, 2023
This week, I liked Professor Eric Goldman’s post regarding the “Schedule-A Defendants” cases which are ongoing. In this one, the court looked at the merits of the trademark which was asserted, namely an emoji, and found for the defendant. In other news, the US v. Google antitrust case is ongoing. Trademark Litigation US v. Google…
Links for Week of August 25, 2023
This week, the EU’s Digital Services Act is taking effect. We shall see how well enforcement fares. Also, Judge Howell in the DC Circuit sided with the Copyright Office that works created solely by AI are not eligible for copyright protection. EU’s Digital Services Act AI and Copyright
Links for Week of August 18, 2023
This week, there was a lot of discussion over the case filed against the Internet Archive for its digitization of 78 RPM records and placing those recordings online. 78 RPM Record Digitization by Internet Archive