Kroger v. Lidl: Kroger sues new entrant Lidl for trademark and service mark infringement of its private label brand “Private Selection” Complaint for Trademark Infringement, The Kroger Co. v. Lidl US, LLC, No. 3:17-cv-00480-JAG (E.D. Va. Jun. 30, 2017), complaint hosted by IPWatchdog Kroger, the nation’s largest grocery chain, is suing German discount grocery chain Lidl for trademark and service mark infringement over Lidl’s private label grocery brand, “Preferred Selection,” which Kroger claims is “confusingly similar” to Kroger’s private label brand...
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Trademark
Facebook v. United States: Facebook cites First Amendment in challenge to government non-disclosure order Notice to Potential Amici Curiae, Facebook, Inc. v. United States, Nos. 17-SS-388, 17-SS-389, No. 17-SS-390 (D.C. June 14, 2017), notice hosted by the American Civil Liberties Union On June 14, 2017, the District of Columbia Court of Appeals issued an order permitting Facebook to provide notice to parties that have an interest in serving as amici curiae in the social...
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First Amendment Jurisdiction D.C. Circuit Decisions
EPIC v. PACEI: President Trump’s Election Commission Asks States to Wait to Disclose Voter Data in Response to Flood of Lawsuits Complaint for Injunctive Relief, Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, No. 17-1320 (D.D.C. July 3, 2017), complaint hosted by EPIC.org  This week President Trump’s Advisory Commission on Election Integrity temporarily halted its efforts to collect sensitive voter information from states until a federal judge ruled on a complaint filed against the Commission by Electronic Privacy...
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Privacy Jurisdiction District Courts
Copyright Office Releases Report on DMCA 1201 17 U.S.C. § 1201 (1998); U.S. Copyright Off,, Rep. on Section 1201 of Title 17 (2017)  On June 22, 2017, the United States Copyright Office released the first comprehensive public report assessing 17 U.S.C. Section 1201, also known as the Anti-Circumvention Provision. The controversial legislation, which makes it illegal to circumvent any technological protection measure (“TPM”) that controls access to copyrighted...
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Copyright Digital Millennium Copyright Act
Twitter v. Sessions: Twitter’s First Amendment Lawsuit Against the Government Advances After Three Years in Court Order Denying Government’s Motion for Summary Judgment Without Prejudice; Granting Twitter’s Motion for Order Directing Defendants to Expedite Security Clearance, Case No. 14-cv-04480-YGR (N.D. Cal. 2017) order hosted by documentcloud.org  It has become a tradition for technology companies to disclose the number of government requests for account information and content removal in biannual Transparency Reports. In 2014, under executive agency...
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Privacy First Amendment
Google v. Equustek: The Supreme Court of Canada Orders Google to De-Index Globally Google Inc., v. Equustek Solutions Inc., [2017] 1 S.C.R. 34 (Can.) opinion hosted by lexum.com.  In a 7-2 decision, the Supreme Court of Canada ordered Google to delist certain webpages from its search engine pending a patent infringement trial. Rather than limiting the order to Google’s Canadian site, the Court required Google to delist the webpages globally. In so holding...
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Patent First Amendment Jurisdiction
hiQ Labs v. LinkedIn: Is Scraping Public Data Protected Speech? hiQ Labs, Inc. v. LinkedIn Corporation, No. 3:17-cv-03301 (N.D. Cal. 2017), complaint hosted by Law.com  On May 23, 2017, LinkedIn’s Senior Litigation Counsel Mr. Abishek Bajoria sent talent management company hiQ Labs a cease and desist (C&D) letter which claimed that hiQ violated its User Agreement by scraping, copying, and sharing the profiles and information of LinkedIn users. The C&D...
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Copyright Digital Millennium Copyright Act Internet
Federal Circuit Flash Digest – Cases in Brief Presumption of “Means-Plus-Function” Can Be Overcome If the Term Recites Sufficient Structure Skky, Inc. v. MindGeek s.a.r.l., No. 2016-2018 (Fed. Cir. June 7, 2017) In its recent opinion Skky, Inc. v. MindGeek s.a.r.l., No. 2016-2018 (Fed. Cir. June 7, 2017), the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board (PTAB) that a claim term reciting sufficient...
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Federal Circuit Flash Digest
Microsoft v. United States: DOJ Petitions for Certiorari in Microsoft Ireland, Argues that Probable-Cause Warrants Require Service Providers to Supply Data Stored Overseas Petition for a Writ of Certiorari, Microsoft Corp. v. United States, 829 F.3d 197 (2016), No. _______,  Petition hosted by Ars Technica. On Friday, June 23, the Department of Justice (DOJ) petitioned for certiorari in Microsoft v. United States. Microsoft and the DOJ first butted heads in 2013 over whether a warrant obtained under § 2703 of the Stored Communications...
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Privacy Fourth Amendment Cyberlaw
Oil States Energy Services v. Greene’s Energy Group: SCOTUS to Determine the Constitutionality of Inter Partes Review Oil State Energy Services, LLC, v. Greene’s Energy Group, LLC, 639 Fed. App'x 639 (Fed. Cir. 2016), cert. granted, (U.S. Nov. 23, 2016) (No. 16-712) petition hosted by SCOTUSBlog. On June 12th, the Supreme Court of the United States granted certiorari to Oil States v. Greene’s Energy Group, 639 Fed. App'x 639 (Fed. Cir. 2016). The issue to be decided...
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Patent Supreme Court USPTO
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