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14 Apr 2023, 4:41 pm by INFORRM
” Take care with that social media duty of care October 2018: “[Rhodes v OPO] aptly illustrates the caution that has to be exercised in applying physical world concepts of harm, injury and safety to communication and speech, even before considering the further step of imposing a duty of care on a platform to take steps to reduce the risk of their occurrence as between third parties, or the yet further step of appointing a regulator to superintend the platform’s… [read post]
13 Apr 2023, 8:00 am
Equal Employment Opportunity Commission (EEOC) filed a civil lawsuit (Equal Employment Opportunity Commission v. [read post]
12 Apr 2023, 7:35 am by Cyberleagle
” Take care with that social media duty of care October 2018: “[Rhodes v OPO] aptly illustrates the caution that has to be exercised in applying physical world concepts of harm, injury and safety to communication and speech, even before considering the further step of imposing a duty of care on a platform to take steps to reduce the risk of their occurrence as between third parties, or the yet further step of appointing a regulator to superintend the platform’s… [read post]
In reviewing the case de novo, the court of appeals found that a reasonable factfinder could determine that there was a likelihood of confusion, contrary to the decision of the district court, and reversed and remanded for a bench trial (FCOA LLC v. [read post]
28 Mar 2023, 3:03 pm by Eugene Volokh
The law of some states seems to reject this theory, see, e.g., Fashion Boutique of Short Hills, Inc. v. [read post]
24 Mar 2023, 9:21 am by David M. McLain
 Courts have held that “where the statement alleged to constitute a misrepresentation properly may be characterized as a contractual promise as opposed to tortious misrepresentation, the distinction between tort and contract law will be observed, and no claim will lie under the CCPA (Rhino Linings USA, Inc. v. [read post]
Case date: 15 November 2022 Case number: No. 21-3414 Court: United States Court of Appeals, Eighth Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
24 Mar 2023, 3:08 am by David McLain
Courts have held that “where the statement alleged to constitute a misrepresentation properly may be characterized as a contractual promise as opposed to tortious misrepresentation, the distinction between tort and contract law will be observed, and no claim will lie under the CCPA (Rhino Linings USA, Inc. v. [read post]
22 Mar 2023, 2:00 pm by Howard Bashman
Supreme Court has posted online the transcript and audio of today’s oral argument in Jack Daniel’s Properties, Inc. v. [read post]
22 Mar 2023, 7:03 am by Dennis Crouch
Although U.S. law is generally thought to not apply extraterritorially, trademark law has had a somewhat different path triggered by the Court’s decision in Steele v. [read post]