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Analyzing the Lululemon v. Costco Dupe Suit (Guest Blog Post)

Eric Goldman

But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. But the case law makes clear that establishing acquired distinctiveness for trade dress features is more complicated.

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Preliminary Copyright Office Guidance on Fair Use and AI Provides Some Answers, But Questions Remain

Debevoise Data Blog

26] The Office released its first report on July 31, 2024; it concluded that federal legislation was urgently needed to address the unauthorized distribution of digital replicas and provided recommendations for the contours of such a law. [27] Many uses, however, will fall somewhere in between. [2] In late May, she sued to be reinstated.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 94-1476, at 159-60.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

Based on my reading of the case law, the Fourth and Eighth Circuits broadly follow this approach. Based on my reading of lower court opinions, to date, courts in the Third Circuit also seem to follow the case-by-case approach. However, it was sometimes not as clear as the case law of other circuits.”

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How to File a Motion to Dismiss

Clio

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. This article is provided for informational purposes only.

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Rules of Professional Conduct for Lawyers

Clio

In this article, we will cover some of the critical professional conduct rules that affect lawyers daily. That’s really empowering for my clients, that they feel that they can participate and take charge in managing their own cases.” A 2016 class action against a Chicago-based law firm demonstrates the gravity of a breach of this duty.

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Deploying Cutting-Edge Legal AI: Travers Smith’s Cautious, But Open-source Approach. (TGIR Ep. 216)

3 Geeks and a Law Blog

There was an article in May, which talked about how you were approaching YCN bots functionality. And we potentially contaminate case law. But when you’ve got a decentralized process, like common law, where you’ve got a circuit court in the foothills of Wisconsin with one judge and one local solicitor.

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