Technology & Marketing Law Blog

JANUARY 18, 2024

The term “link taxes” refer to the government compulsion of large Internet services, such as social media or search engines, to pay news media for indexing and publishing their headlines and links. 4) Social media “defective design” lawsuits go forward. #StopTheSADScheme. TikTok bans.

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Law Social Media Advertising Advertising 111

TorrentFreak

MAY 17, 2022

The DMCA also makes it unlawful to manufacture, import, provide or otherwise traffic in any technology, product, service, device, component, or part thereof, that is “primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner.”

Copying 145

Copying Social Media Licensing Technology 145

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Allegations of “general awareness” are not enough. Buzzfeed, Inc. 2022 WL 16555584 (S.D.N.Y.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? TGE claimed Bernstein copied their signature pattern of nude female silhouette line drawings, which had been printed on their tissue paper since the store’s inception in 2016. In this case, via alleged copyright infringement. The account and its 2.6

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Social Media Copying Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. dispute back in the Ninth Circuit in 2016. The service that Power Ventures sold was a platform to manage multiple social media platforms together.

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Cease and Desist Blogging Contracts Social Media 124

Copyright Lately

APRIL 20, 2025

The termination became effective in 2016, clearing the way for a new licensing deal with Rudinplay, a company affiliated with Broadway producer Scott Rudin. They argue that the derivative works exception is a narrow carveout designed to prevent disruption of ongoing usesnot a loophole for reviving exclusive rights.

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Derivative Work Cease and Desist Licensing Music 56

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

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LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC designs high-end furniture hand-crafted by woodworkers in Indonesia. Trendily appealed.

Copying 52

Copying Social Media Designs Design 52

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. Cohen , 173 F.3d 3d 63 (2d Cir. In JLM Couture, Inc.

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Social Media Contracts Confidentiality Business 59

SpicyIP

JANUARY 26, 2025

Case Summaries Guddu Gupta Trading as Ms Leela vs Suraj Gupta Trading As Ms Devi Leela … on 18 January, 2025 (Delhi District Court) The plaintiff, trading as Leela Cosmetics, alleged that his brother operating under Devi Leela Cosmetics, infringed upon his trademarks ROOP LADY and ROOP LEELA, as well as the design of his sindoor stick bottles.

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The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

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Designs Design Social Media Registration 68

SpicyIP

AUGUST 4, 2024

Play Games 24X7 Private Limited vs R Y Easy Shop Private Limited & Anr on 29 July 2024 (Delhi High Court) The Court ordered that until the next date, the defendant and related parties are restrained from using the mark ‘RUMMYCIRCLE’ in any manner including the logo, domain name, or on social media, etc. Star Scientific Limited v.

Social Media 105

Social Media Trademark Licensing Music 105

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Only the State Labor Court of Baden-Württemberg depicted the relevant emoji in its ruling of 22 June 2016 (involving the monkey/bear face emoji depicted below); but it referred to them as “emoticons.” Some courts provide their own characterizations, such as “[laughing emoji],” “[sad emoji],” “[skull emoji],” and “middle finger emoji.”

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Blogging Social Media Publishing Reporting 96

Technology & Marketing Law Blog

MARCH 28, 2023

Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” — The thing that binds these two cases together is that both seem designed to build off the 9th Circuit’s reasoning in the hiQ Labs, Inc. If there is a next round. LinkedIn Corp.

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Blogging Cease and Desist Contracts Marketing 126

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. 92064830 (September 6, 2022) [re-designated as precedential, January 4, 2024] (Opinion by Judge Frances S. The CAFC affirmed the Board's decision on October 19, 2023 [ TTABlogged here ]]. Andrusiek v. Cosmic Crusaders LLC and Lewis J.

Registration 58

Registration Trademark Social Media Designs 58

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). In combination with the legislative design and other uncertainties about its modalities of exercise, these characteristics have caused the GDPR portability to have limited success in practice.

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IP Contracts Social Media Copying 94

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). As a practical matter, the answer is certainly yes; an open system is built into the design of the internet.

Blogging 98

Blogging Copying Social Media Copyright 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. That’s not what the statute is designed to prevent. –RyanAir v.

Blogging 111

Blogging Cease and Desist Business Litigation 111

IP and Legal Filings

SEPTEMBER 11, 2024

This includes thousands of books the complete Wikipedia and nearly a trillion words extracted from blogs social media and various online platforms. In 2016, a research group at Sony CSL in Paris developed an AI system known as Flow Machines. AI music has gained recent attention, but its origin can be traced back to the 1950s.

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Music Copyright Ownership Copyright Law 103

Kluwer Copyright Blog

JANUARY 31, 2022

It derives from a paper given at the 25 th Anniversary celebration of IViR on 4 July 2014 and at the University of Oxford IP Moot “converzatione” on 18 March 2016. Indeed, social media is replete with collections of ‘unusual’ penalty kicks. Bernt Hugenholtz, Kluwer Law International, 2021.

Copyright 105

Copyright Intellectual Property Social Media Law 105

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” But the app was not updated after 2016 and was removed from WCT’s website. The court grants summary judgment on lack of likely confusion.

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Marketing Marketing Trademark Registration 59

IP Tech Blog

JULY 17, 2023

General purpose AI system” means an AI system that can be used in and adapted to a wide range of applications for which it was not intentionally and specifically designed. Designing the model to prevent it from generating illegal content. Publishing summaries of copyrighted data used for training.

Social Media 52

Social Media Marketing Marketing Government 52

IIPRD

FEBRUARY 8, 2024

Surveillance and analysis of IP-related activities on the internet, such as domain name registration, web crawling, social media monitoring, and online marketplace scanning which can help detect potential IP infringement cases, such as cybersquatting, phishing, counterfeiting, piracy, and plagiarism. 299, 33 I.L.M.

Intellectual Property 52

Intellectual Property IP Government Technology 52

Technology & Marketing Law Blog

NOVEMBER 1, 2021

” “whenever you write about the Internet, no matter what the AP says, capitalize it, because if I had to point to a moment in a time when it all started to go wrong, it was when AP said––I think in 2016––that you could now lowercase the Internet. ” Brad Smith and Mary Snapp. ” Sen.

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Journalism Government Technology Privacy 111

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

Music 95

Music Copyright Copying Copyright Law 95

LexBlog IP

JULY 17, 2023

An AI system is now defined as “ a machine-based system that is designed to operate with varying levels of autonomy and that can, for explicit or implicit objectives, generate outputs such as predictions, recommendations, or decisions that influence physical or virtual environments.”

Government 52

Government Designs Design Law 52

LexBlog IP

DECEMBER 31, 2022

The National Library of Medicine (NLM) acknowledges that AI could be used to modernize the crucial steps of clinical trial conduct-study design, planning, and execution. The below chart shows AI and Life Science patent filings by Technology (“Tech”) Center over time from 2000 to 2022, where we see a spike in activity in post-2016.

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Intellectual Property IP Technology Privacy 52

LexBlog IP

JUNE 21, 2023

As the holiday approached this year, it seemed the term “Juneteenth” was everywhere – in broadcast and local media, in advertisements and on social media. This mark subsequently registered in 2016 without issue. Some further digging quickly led me to find the answer. ” Id.

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Registration Trademark Law Trademark Law 52

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. NYU Press, 2016). The judge isn’t hearing that they’re not counterfeiters.

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Technology & Marketing Law Blog

MAY 12, 2022

[I’m forestalling more analysis of the Texas social media censorship law until we get some clarity on what happened and what’s next.]. In 2016, I blogged a case where a screenshotted tweet was forwarded by email. No Liability for Linking to Defamatory Content–Life Designs Ranch v. Maxfield v.

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Social Media Blogging Designs Design 144

Plagiarism Today

SEPTEMBER 28, 2021

I understand a lot of you may be upset that I saw a photo on social media and loved it enough to imitate it in a very different style. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. 1: The Shepard Fairey Dispute.

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Fair Use Non-Fungible Tokens Copyright Derivative Work 279

IPilogue

OCTOBER 26, 2022

The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyright law. Following this designation , objects require authorization and a licence fee to be used commercially by third parties regardless of whether the work is in the public domain.

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Social Media Cease and Desist Public Domain Artwork 119

Copyright Lately

MAY 22, 2023

Still, having already designated Warhol’s “Soup Cans” a paradigmatic example of transformative use just two terms ago in Google v. And AWF used it to license an image of Warhol’s Orange Prince to Condé Nast in 2016. Drop me a note in the comments below or @copyrightlately on social media.

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Fair Use Licensing Copying Artwork 100

LexBlog IP

NOVEMBER 9, 2023

Compliance with the regulatory framework will be assessed by accredited third party “ conformity assessment bodies ”, which will in turn be designated and monitored by designated Member State authorities. Annex II provides a list of related EU legislation, generally concerning certain product safety standards (e.g.

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Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

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