Section 230 of the Communications Decency Act (“CDA”) provides immunity to “interactive computer services” providers against certain types of legal claims, such as when harmful material is posted on their site by third parties. Until recently, the Ninth Circuit had not decided whether to extend the protections of section 230 immunity to a website domain registrar such as GoDaddy.com. On February 3, 2023, in the case Rigsby v. GoDaddy, Inc., the Ninth Circuit affirmed the dismissal of rather sympathetic claims against GoDaddy and found that section 230 immunity would apply to plaintiffs’ claims.

Continue Reading GoDaddy Obtains Section 230 Immunity Despite Plaintiffs’ “Sympathetic” Claims

The Supreme Court will bring finality to several IP disputes this year. Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog.

Continue Reading The Briefing by the IP Law Blog: Trademark and Copyright Cases to Watch in 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Continue Reading Obviousness Test for Design Patents Unchanged

The start of a new year is a good opportunity for companies to review and take stock of their intellectual property assets. Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog.

Continue Reading The Briefing by the IP Law Blog: 2023 IP Resolutions Start with a Review of IP Assets

In Pictometry International Corp. v. Roofr, Inc., 1-21-cv-01852 (DDE Jan. 19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds.

Continue Reading District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101