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16 Sep 2020, 9:58 am by Samuel Rebo
” These questions—for instance, whether Facebook’s label qualifies as an opinion—make this case “a classic dispute of fact for a jury to resolve. [read post]
14 Sep 2020, 1:26 am by INFORRM
During the summer, the courts have continued to hear cases and hand down judgments, jury trials have also resumed in many courts. [read post]
11 Sep 2020, 6:00 am by Terry Hart
How can we pay for creativity in the digital age? [read post]
10 Sep 2020, 11:26 am by James Romoser and Andrew Hamm
United States 19-1221Issue: Whether, to conduct a warrantless forensic search of a digital device at the border, government agents need reasonable suspicion that the device contains digital contraband (as the U.S. [read post]
10 Sep 2020, 10:42 am by Rebecca Tushnet
Its digital marketing manager told CSRs to respond to customer inquiries about unauthorized retailers “that these sites are not listed and therefore are selling diverted, used, damaged or counterfeit goods and they void our 2 year warranty by purchasing on these sites. [read post]
4 Sep 2020, 10:21 am by Eric Goldman
That legal standard makes this an easy case: Because Defendants do not use any portion of Plaintiffs’ marks in their ads, and Plaintiffs base their infringement claim on the use of generic terms, consideration of the “digits of confusion” is not necessary to determine that Plaintiffs fail to allege a likelihood of confusion, and, as a matter of law, fail to state a claim for violation of the Lanham Act. [read post]
28 Aug 2020, 9:48 am by Eric Goldman
The court asks: “Is it appropriate for a judge to determine a meaning based on an emoji without the benefit of expert evidence or jury input? [read post]
28 Aug 2020, 6:00 am by Guest Blogger
Further, some of the skills around how to present in a large courtroom before a live jury were also missing. [read post]
25 Aug 2020, 10:55 am by Eugene Volokh
Reader's Digest Ass'n, the Court held that a man who had previously been convicted of contempt for refusing to respond to a grand jury investigation on mental health grounds was not a public figure. [read post]
19 Aug 2020, 12:18 pm by admin
  Physical Evidence Unable to be Digitized Certain evidence in criminal cases is crucial. [read post]
14 Aug 2020, 12:30 pm by John Ross
An alternate juror is seated, and the jury returns a guilty verdict within 90 minutes. [read post]
14 Aug 2020, 10:15 am by IPWatchdog
Circuit remands part of a royalty rate setting proceeding on streaming music distribution to the Copyright Royalty Board; a jury verdict in Eastern Texas awards $506 million to PanOptis for Apple’s willful infringement of patent claims; the TTAB sustains an opposition against “gruyere” for genericness; and the Federal Reserve announces that it has undertaken several initiatives related to central bank digital currencies. [read post]
10 Aug 2020, 9:48 pm by Unknown
That is nearly impossible to do in real time over a virtual platform because of mute buttons, delays in video feeds, and the like.Further, the digital divide will mean the “haves,” those technologically able to access trials and jury duty, will be able to participate effectively, and the “have nots,” those without such access, will not. [read post]
3 Aug 2020, 6:02 am by Andrew Weber
It feels like I have a sense of finality in finishing up the digitization of a collection when I am able to share it on the blog! [read post]
3 Aug 2020, 5:01 am by Stefan Soesanto
On July 7, a grand jury in the Eastern District of Washington charged Li Xiaoyu and Dong Jiazhi—both citizens and residents of China—with running a decade-long global computer intrusion campaign, involving the theft of terabytes of intellectual property and confidential business information. [read post]
31 Jul 2020, 9:05 pm by Peter Jacobs
” Section 512’s use of the word “knowledge” may therefore “lead courts, juries, and policy makers to overestimate the ability of service providers to identify and respond to problematic material on their platforms,” argues Heymann. [read post]
31 Jul 2020, 8:03 am by Schachtman
After a hard fought trial, in which the plaintiff’s estate called Schepers and other expert witnesses, the Camden County jury returned a no-cause verdict on the mesothelioma claim. [read post]