Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

Law 111

Law Social Media Advertising Advertising 111

TorrentFreak

JULY 5, 2024

When today’s home video gaming market took its first tentative baby steps thanks to more affordable hardware in the early 1980s, the details of Sony’s lawsuit against Datel would’ve been dismissed as outrageous. In some cases, that included being able to run half-decent games, or even games at all.

Intellectual Property Law 125

Intellectual Property Law Copyright Law Copyright Intellectual Property 125

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 However, these laws are not clear and settled in India.

Marketing 98

Marketing Marketing Trademark Registration 98

SpicyIP

MARCH 24, 2025

Hons) student at the National Law University Delhi with a keen interest in the intersection of law and policy. Hons) student at the National Law School of India University, Bangalore with a keen interest in various aspects of IPR and technology law. ] Khushi is a third-year B.A., Vishno is a third-year B.A.,

Social Media 76

Social Media Trademark Law Branding 76

IPilogue

APRIL 26, 2022

Pankhuri Malik is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. . based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”).

Social Media 119

Social Media Registration Marketing Marketing 119

The IPKat

FEBRUARY 13, 2025

Supplementary protection certificates (SPCs) are a complex area , so it was helpful that the CJEU had the opportunity to clarify some aspects of the law. 469/2009 on Supplementary Protection Certificates (" SPC Regulation "). The two referrals The first referral (C-119/22) came from the Finnish Market Court (markkinaoikeus).

Invention 63

Invention Public Domain Art Marketing 63

Intepat

FEBRUARY 19, 2025

Introduction The principle of the first sale doctrine is a basic precept of copyright law allowing the lawful possessor of a copyrighted work to resell, lend, or distribute that work without the permission of the copyright holder. However, the applicability of this doctrine in the digital era is still a matter of contention.

Copyright 52

Copyright Copying Licensing Ownership 52

TorrentFreak

JANUARY 23, 2025

File-hosting platform 1fichier.com appeared around 2009 and since then has seen no shortage of copyright complaints. Trade Representative as a notorious piracy market. The company views that as problematic and a violation of EU law. Most recently, it was highlighted by the U.S.

Contracts 76

Contracts Copyright Infringement Copyright Reporting 76

IP and Legal Filings

FEBRUARY 2, 2024

To provide security and prevent this, Indian law has established protection for marks and symbols with religious connotations; hence, if a mark includes anything that might offend a certain class of people or segment of the public due to their religious sensibilities, protection may be denied to such a mark [4].

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

The IPKat

APRIL 23, 2023

On the other hand, the reputation of a trade mark will no longer be considered in concluding that a mark is “too famous” to be confused, as was the case in Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174. It is unclear whether this decision may influence a court’s assessment of deceptive similarity.

Law 95

Law Registration Branding Branding 95

TorrentFreak

JANUARY 22, 2022

Due to the way many pirate IPTV services are structured, top level suppliers often rely on a cascading marketing system whereby subscriptions are sold and resold through a network of so-called resellers. Instead, Wallström says that for users, it’s a moral issue.

Copyright 142

Copyright Copyright Infringement Copyright Law Reporting 142

IP and Legal Filings

MARCH 7, 2022

Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. It’s a common law principle that holds someone liable if they cause a direct infringer to infringe. Bisleri Pvt.

Trademark 89

Trademark Law Registering Trademarks Branding 89

TorrentFreak

APRIL 27, 2024

In the summer of 2009, hackers from all over the world gathered at an outdoor conference near Vierhouten in the Netherlands. Kuik started his professional career at CIC Video International , shortly after he graduated from law school 42 years ago. Speaking with TorrentFreak, Kuik recalls that the home video market was just opening up.

Copyright Infringement 120

Copyright Infringement Copying Content Creation Marketing 120

The IPKat

MARCH 7, 2022

This latest referral follows hot on the heels of the referral from the Finish Market Court on the correct interpretation of Article 3(c) of the SPC Regulation, also with respect to combination products ( IPKat ). The most recent case law from the CJEU on the interpretation of Article 3(a) was provided in Royalty Pharma (C-650/17).

Art 118

Art Public Domain Invention Marketing 118

JD Supra Law

NOVEMBER 4, 2024

In May 2009, the European Commission (EC) fined Intel EUR1.06 billion for abusing its dominant position in the x86 microprocessor market (CPUs).

Marketing 71

Marketing Marketing 71

IP and Legal Filings

MARCH 7, 2022

Section 29 of the trademark law draws attention to the authorised owner and defines trademark infringement as a violation of the exclusive rights claimed by the registered owner under the trademark’s act of 1999. It’s a common law principle that holds someone liable if they cause a direct infringer to infringe. Bisleri Pvt.

Trademark 84

Trademark Law Registering Trademarks Branding 84

TorrentFreak

NOVEMBER 1, 2023

South Korea’s efforts to seriously reduce piracy were evident in 2009 when a revision of the Korean Copyright Act introduced a “three strikes” administrative program to disconnect repeat infringers from the internet. Not that the government or rightsholders have simply allowed that to happen, of course.

Copyright 123

Copyright Government Reporting Marketing 123

IP and Legal Filings

FEBRUARY 26, 2024

Abstract This article delves into the complex world of gambling and online betting laws in India, examining their historical context and the existing regulatory framework. To address these issues and the lack of a regulatory framework, a policy analysis of gambling and betting laws in India is warranted.

Law 97

Law Licensing Government Advertising 97

The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law. pesticides).

Law 63

Law Editing Patent Intellectual Property 63

TorrentFreak

NOVEMBER 10, 2022

Later in 2012, the RIAA submitted its regular report to the United States Trade Representative, requesting various sites to be branded notorious pirate markets. Launched around 2009, Hellspy and Hellshare had successfully weathered the Megaupload storm. ” Crack Open The Champagne?

Branding 143

Branding Brands Branding Television 143

IPilogue

MARCH 3, 2022

Emily Xiang is an IPilogue Writer, President of the Intellectual Property Society of Osgoode, and a 2L JD candidate at Osgoode Hall Law School. . In 2021, the global 3D bioprinting market was valued at CAD $491.34M and is expected to grow from there. 3D Bioprinting & Canadian Patent Law. What is Bioprinting?

Intellectual Property 105

Intellectual Property Technology Intellectual Property Law Patent Law 105

U.S. Department of Commerce

SEPTEMBER 8, 2023

The Equal Employment Opportunity Commission recently confirmed that “[i]t remains lawful for employers to implement diversity, equity, inclusion, and accessibility programs that seek to ensure workers of all backgrounds are afforded equal opportunity in the workplace.” [1] 5] The implications of these findings are profound. customer base. [6]

Moral Rights 130

Moral Rights Journalism Business Reporting 130

SpicyIP

JULY 14, 2021

Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat. In this context, extending protection to non-conventional trademarks is compelling from the perspective of such marks being seen as source identifiers and marketing devices. Tahhira Somal.

Trademark 126

Trademark Registration Marketing Marketing 126

Bio Law Blog

MARCH 19, 2020

biosimilar pathway the Biologics Price Competition and Innovation Act of 2009 (BPCIA) is quickly approaching and marks an expansion of the U.S. biosimilar market. The BPCIA, signed into law on March 23, 2010, was slow to get going. biosimilar market has greatly expanded. Biosimilars on US Market. market with six.

Marketing 40

Marketing Marketing Law 40

TorrentFreak

FEBRUARY 15, 2024

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. TVkaista said that since its service was similar to a VCR or a DVR, that would be legal under Finnish law since private copying is permitted for personal use.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Licensing 123

Patently-O

JANUARY 25, 2022

On appeal, the Federal Circuit affirmed that preliminary injunction as warranted based upon California state trade secrecy law. The companies here compete in the market for creating specialized finger-LED equipment and accompanying data analysis services. Ultimax Cement Manufacturing Corp. CTS Cement Manufacturing Corp. ,

Public Domain 133

Public Domain Patent Application Confidentiality Patent 133

The IPKat

NOVEMBER 30, 2023

The Law on GIs in Singapore Prosecco as a plant variety? Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Prosecco from Northern Italy had been in the Singapore market since about 2011.

Registration 135

Registration Advertising Advertising Law 135

The IPKat

FEBRUARY 20, 2024

The case concerns issues of bad faith and functionality in trade mark law. Among other products, CeramTec markets a pink-coloured hip-replacement implant. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent.

Art 68

Art Registration Registering Trademarks Intellectual Property 68

Technology & Marketing Law Blog

JANUARY 2, 2023

Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? 2009) (internal quotes and citations omitted). The post 2H 2022 Quick Links, Part 2 (Trademarks) appeared first on Technology & Marketing Law Blog. Compare Left Field Holdings v. Soilworks, LLC v. Midwest Indus.

Trademark 105

Trademark Social Media Registering Trademarks Intellectual Property 105

Kluwer Copyright Blog

MAY 30, 2024

Copyright exhaustion At first sight, the doctrine of copyright exhaustion would seem to provide an immediate shelter to such upcycling practices given their focus on repurposing of the old items that had previously been already placed on the market with the copyright holder’s consent, and not the creation of new, unauthorized items.

Copyright 124

Copyright Copyright Law Business Intellectual Property 124

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 57

Trademark Law Trademark Law Branding 57

IP and Legal Filings

MARCH 23, 2023

Because shareholders acquire shares on the stock market and have no personal access to the company, it is not possible to have every member present at every meeting. When the Satyam fraud occurred in 2009, the whole financial market trembled.

Government 98

Government Marketing Marketing Business 98

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. NY law does not require a price premium or a physical injury. million, along with roughly $4.5

Law 59

Law Advertising Advertising False Advertising 59

SpicyIP

FEBRUARY 10, 2023

In this post, I extend it by highlighting HCU’s history arguing that HCU is a principle of trademark law and not just a provision limited to Section 12. In the KEI cases, KEI Industries claimed the adoption of the mark KEI in 1968 for manufacturing, marketing and selling wires and cables. Thus, the plaintiff was granted the injunction.

Trademark 119

Trademark Registration Trademark Law Law 119

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law. Art Attacks Ink, LLC v.

Copying 98

Copying Marketing Marketing Advertising 98

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. The Safarov case In 2009, Safarov authors a book. For now, Luxemburg and Strasburg case law are not in conflict.

Copyright 92

Copyright Copying Copyright Law Publishing 92

The IPKat

AUGUST 20, 2023

As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Moral rights under Italian law and the issue before the Supreme Court Moral rights are not harmonized at the EU level.

Artwork 94

Artwork Moral Rights Art Litigation 94