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IP & Technology Law Trends

Legal insights into intellectual property & technology trends

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The State is Still Free to Plunder Your Copyrights: Jim Olive Photography v. University of Houston
As we have covered here before, a state’s sovereign immunity can be an insurmountable barrier to holding any state entity liable for copyright infringement. In Allen v. Cooper, the Supreme Court held that Congress did not validly revoke state sovere...
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U.S. Supreme Court Denies Cert in Three IP Cases
The United States Supreme Court denied certiorari in a widely-publicized right of publicity case and two closely-watched copyright cases during the last week of June. In the publicity case, Hamilton v. Speight, Lenwood Hamilton, who wrestled profess...
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SCOTUS Issues Long-Awaited TCPA Ruling Narrowing The Definition Of An Autodialer
On April 1, the Supreme Court issued its highly anticipated ruling in Facebook v. Duguid, which limited what qualifies as an automatic telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act (TCPA). The Court unanimously h...
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Supreme Court Denies Cert in Jack Daniel’s Dog Toy Case
The United States Supreme Court has denied Jack Daniel’s distillery’s petition for a writ of certiorari from a Ninth Circuit decision holding that a dog toy seller’s use of the Jack Daniel’s trademarks and label design is expression protected by the...
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U.S. Patent and Trademark Office Issues New Examination Guidelines in view of Booking.com
In the recent Booking.com case (see the IP Law Trends article here discussing that case), the U.S. Supreme Court held that a trademark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not automatically g...
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Supreme Court Expands Rights to Register Domain Names as Trademarks
The United States Supreme Court issued a decision on June 30, 2020, holding that “Booking.com” can be registered as a trademark. The decision, United States Patent and Trademark Office, et al, vs. Booking.com B. V., reverses longstanding Trademark Of...
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