Under NiFTy Light: Trademark Considerations for the New Digital World

Three cases involving non-fungible tokens are grabbing the attention of fashionistas, intellectual property mavens, and metaverse cognoscenti alike. All three are cases of first impression, despite involving trademark infringement claims. All are considered to be cases that will determine whether old trademark principles apply to new technology, and each has compelling and competing arguments that may militate against findings of infringement. While most commentators have focused on the questions surrounding alleged infringement, very few have discussed the challenges of applying remedies, such as injunctions, traditionally used in trademark infringement cases. This article considers trademark law and examines it in a new light—that of NFTs and the challenges this new digital world presents trademark owners. The first part of the article offers a quick primer on non-fungible tokens (NFTs), while the second part discusses three cases currently in litigation, Yuga Labs v. Ripps, Nike v. StockX, and Hermès v. Rothschild. The third part highlights issued court opinions in two of those cases and focuses on the arguments presented by the parties in Yuga Labs and Hermès. It further illustrates the use of old trademark principles by both parties and the courts in a brave new technological world. Finally, the last part of the article briefly considers the use of injunctive relief and its shortcomings, as illustrated in a recently adjudicated European case. At the same time, the conclusions acknowledge that although some aspects of trademark law are adequate in providing trademark owner protection, there needs to be some equilibration of remedies to meet the new realities of infringement in the digital world

Moving from Express Preemption to Conflict Preemption in Scrutinizing Contracts over Copyrighted Goods.

There is a built-in tension between the perception of copyright law as promoting a delicate balance between the interests of creators, distributions, and users of information goods and contract law’s laissez-faire philosophy. Legal systems need to decide how to approach this tension and specifically whether, and to what degrees, to allow parties to freely contract around the legal norms set forth by copyright law. For more than four decades, federal courts have tried to address this tension using the Copyright Act’s express preemption provision, which prohibits states from creating rights that are “equivalent” to copyright. In a previous work, I showed that those attempts have failed to produce a robust test for contract preemption and that most circuit courts nowadays hold contracts completely shielded from express preemption. However, in conflict with this trend, the Second Circuit recently held two contracts expressly preempted. This Essay analyzes those opinions and shows that the Second Circuit could not come up with a successful test. Like previous attempts, it adopted a formalistic approach, which is both underinclusive and overinclusive, and that seems detached from copyright policy. There is, however, another way to approach the copyright-contract tension—conflict preemption—which, interestingly, the Second Circuit has recently developed in another context—the conflict between copyright and privacy law. The Essay builds on that decision to show why conflict preemption is more appropriate to potentially scrutinize breach of contract claims, primarily as it introduces much-needed flexibility into the preemption analysis. It shows that because contracts rarely undermine federal copyright policy, preemption should apply in unusual cases, particularly when plaintiffs use standard form agreements to promote goals similar to those of copyright law in a way that clearly undermines federal policy

1971 Commencement program

https://dc.suffolk.edu/comm/1078/thumbnail.jp

Farbe : eine Arbeitsbibliografie

Farbe: Eine Arbeitsbibliografie. Zusammengestellt von Hans J. Wulff. Für Hinweise danke ich Christine Noll Brinckmann und Jason Grant McKahan

The importance of glial cells in the homeostasis of the retinal microenvironment and their pivotal role in the course of diabetic retinopathy

Abstract Diabetic retinopathy (DR) is a remarkable microvascular complication of diabetes and it has been considered the leading cause of legal blindness in working-age adults in the world. Several overlapping and interrelated molecular pathways are involved in the development of this disease. DR is staged into different levels of severity, from the nonproliferative to the advanced proliferative form. Over the years the progression of DR evolves through a series of changes involving distinct types of specialized cells: neural, vascular and glial. Prior to the clinically observable vascular complications, hyperglycemia and inflammation affect retinal glial cells which undergo a wide range of structural and functional alterations. In this review, we provide an overview of the status of macroglia and microglia in the course of DR, trying to briefly take into account the complex biochemical mechanisms that affect the intimate relationship among neuroretina, vessels and glial cells

Recommendations for the surgical treatment of endometriosis. Part 2: deep endometriosis

Study question: How should surgery for endometriosis be performed? / Summary answer: This document provides recommendations covering technical aspects of different methods of surgery for deep endometriosis in women of reproductive age. / What is known already: Endometriosis is highly prevalent and often associated with severe symptoms. Yet compared to equally prevalent conditions it is poorly understood and a challenge to manage. Previously published guidelines have provided recommendations for (surgical) treatment of deep endometriosis, based on the best available evidence, but without technical information and details on how to best perform such treatment in order to be effective and safe. / Study, design, size, duration: A working group of the European Society for Gynaecological Endoscopy (ESGE), European Society of Human Reproduction and Embryology (ESHRE) and the World Endometriosis Society (WES) collaborated on writing recommendations on the practical aspects of surgery for treatment of deep endometriosis. / Participants, materials, setting, methods: This document focused on surgery for deep endometriosis, and is complementary to a previous document in this series focusing on endometrioma surgery. / Main results and the role of chance: The document presents general recommendations for surgery for deep endometriosis, starting from preoperative assessments and first steps of surgery. Different approaches for surgical treatment are discussed and are respective of location and extent of disease; uterosacral ligaments and rectovaginal septum with or without involvement of the rectum, urinary tract or extrapelvic endometriosis. In addition, recommendations are provided on the treatment of frozen pelvis and on hysterectomy as a treatment for deep endometriosis. / Limitations, reasons for caution: Owing to the limited evidence available, recommendations are mostly based on clinical expertise. Where available, references of relevant studies were added. / Wider implications of the findings: These recommendations complement previous guidelines on management of endometriosis and the recommendations for surgical treatment of ovarian endometrioma. / Study funding - Competing interest(s): The meetings of the working group were funded by ESGE, ESHRE and WES

Clinical and Rehabilitative Management of Retinitis Pigmentosa: Up-to-Date

The term retinitis pigmentosa (RP) indicates a heterogeneous group of genetic rare ocular diseases in which either rods or cones are prevalently damaged. RP represents the most common hereditary cause of blindness in people from 20 to 60 years old. In general, the different RP forms consist of progressive photo-receptorial neuro-degenerations, which are characterized by variable visual disabilities and considerable socio-sanitary burden. Sometimes, RP patients do not become visually impaired or legally blind until their 40-50 years of age and/or maintain a quite acceptable sight for all their life. Other individuals with RP become completely blind very early or in middle childhood. Although there is no treatment that can effectively cure RP, in some case-series the disease’s progression seems to be reducible by specific preventive approaches. In the most part of RP patients, the quality of vision can be considerably increased by means of nanometer-controlled filters. In the present review, the main aspects of the routine clinical and rehabilitative managements for RP patients are described, particularly focusing on the importance of specific referral Centers to practice a real multidisciplinary governance of these dramatic diseases