The Legal Intelligencer | Commentary
By Jason Torchinsky and Oliver Roberts | April 16, 2024
One of the most powerful tools on social media is the "block" feature. It allows a social media user to silence the haters and drown out the critics, while curating a more friendly social media feed. But after the U.S. Supreme Court decisions in Lindke v. Freed and O'Connor-Ratcliff v. Garnier, public officials across the country may have just lost their most powerful social media tool—and litigation is surely to follow.
The Legal Intelligencer | Commentary
By Joseph R. Decker and Robert E. Cannuscio | April 16, 2024
Recent years have seen a rapid change in the technology, economics and regulations driving the software industry, such as the rise of artificial intelligence (including generative AI, like ChatGPT), the associated explosion of "big data" and the emergence of a patchwork of new privacy laws and data regulations striving to address the implications of these new technologies.
The Legal Intelligencer | Commentary
By Kevin P. Allen and Zachary L. Gross | April 16, 2024
The incorporation of an integration clause into an amendment merely preserves the original integration clause and precludes evidence of oral or written representations that occurred prior to or contemporaneous with the execution of the original contract. The mere incorporation of the original integration clause into an amendment does not cover the time period between the execution of the original contract and the amendment.
The Legal Intelligencer | Commentary
By Danielle M. DeFilippis | April 16, 2024
The U.S. Patent and Trademark Office (USPTO) has been vigilant and thorough in combatting these scams, offering not only public education on their website, but providing seminars and trainings on spotting and avoiding these scams.
The Legal Intelligencer | Commentary
By Marc P. Misthal | April 16, 2024
Like any emerging technology, AI is entangled with legal issues. These legal issues may not make for compelling entertainment, but they are important in shaping the use and potential of AI.
The Legal Intelligencer | Commentary
By Tara Murtha | April 15, 2024
Warnings about pregnancy criminalization have rightfully escalated in the wake of Dobbs v. Jackson Women's Health Organization, the ruling that eliminated the federal right to abortion by overturning Roe v. Wade. This fear is legitimate not simply because we lost Roe, but because Roe never stopped pregnancy from being criminalized in the first place.
The Legal Intelligencer | Commentary
By Susan A. Smith and Doyle S. Tuvesson | April 15, 2024
The court found no likelihood of confusion, emphasizing that "an effective parody will actually diminish the likelihood of confusion." Over a decade later, the U.S. Supreme Court stated that the First Amendment does not grant trademark parodies a safe harbor from infringement claims.
The Legal Intelligencer | Commentary
By Laura Lipschutz | April 15, 2024
Earlier this year, media and news outlets widely reported that Mickey Mouse had entered the "public domain" because Disney's copyright in the cartoon "Steamboat Willie" expired on Jan. 1, 2024. What implications does the expiration of this copyright registration actually have and may we all start using Mickey to promote our products and services?
The Legal Intelligencer | Commentary
By Emily Robb | April 15, 2024
In Miller v. Alabama, the U.S. Supreme Court recognized that children's brains are still developing and equated that with lessened culpability. Felony murder, which punishes anyone involved in the underlying felony in which someone died, even if unintentional, still punishes children for the very cognitive deficiencies that the Supreme Court identified.
The Legal Intelligencer | Commentary
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder | April 15, 2024
The dispute between fashion powerhouses Adidas and Thom Browne over stripe designs reveals the intricacies of brand protection and the scope of trademarks based on common elements especially within the fashion world.
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