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Online advertising is among the largest and fastest growing areas of digital commerce. Unsurprisingly, consumer online spending substantially outpaces ad spending in raw dollars, but in terms of sector growth and technical innovation digital advertising is unsurpassed. Today’s Internet is a highly optimized machine for the delivery of targeted advertising and the techniques and technologies used to personalize and deliver ads grow more sophisticated every day. Hundreds of billions of dollars a year are poured into digital advertising, and at least two of the world’s most valuable companies — Alphabet (Google) and Meta (Facebook) — derive most of their revenue from that source. Consumers may not think of Google and Facebook as ad sales companies, but that’s unquestionably what they are.
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Federal Circuit Analyzes Specification and Prosecution History Claim Language Usage
By Matthew Siegal
University of Massachusetts v. L’Oréal
Absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.
One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?
By Robert W. Clarida and Thomas Kjellberg
On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: “Can a banana taped to a wall be art?”
By Stan Soocher
How far back from accrual of a claim may a plaintiff reach for copyright damages?
By Howard Shire and Stephanie Remy
Copyright Standing and Fifth Circuit Trade Dress Factors
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