Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. MGA Entertainment The post Surprise!

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. “Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” ” UGH, no.

Fair Use 131

Fair Use Television Cease and Desist Copyright 131

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. In light of the size of the food market, that’s a bit hard to credit. T]he one showed in the application is not mine.” So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

APRIL 6, 2022

124 USPQ2d 1028, 1033-34 (TTAB 2017). In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee."

Ownership 52

Ownership Registration Trademark Contracts 52

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. 493 (2017); Courtney J. SF Design Group. Fredman Design Group.

Social Media 82

Social Media Contracts Ownership Business 82

Technology & Marketing Law Blog

OCTOBER 4, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. MGA Entertainment.

Cease and Desist 87

Cease and Desist Fair Use Copyright Blogging 87

Patently-O

MAY 15, 2024

Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods. Interestingly, although clearly specially designed for use on Dick’s rotary mimeograph, Henry’s ink can itself bore a notice stating it was not to be used on A.B.

Patent Law 109

Patent Law Patent Law Invention 109

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 114

Registration Fair Use Copyright Designs 114

Technology & Marketing Law Blog

MARCH 6, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. MGA Entertainment.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

43(B)log

OCTOBER 31, 2022

He alleged that he used the CBC Casper and Casper names exclusively to promote his work to the public, and that, by 2017, he used the Casper mark in commerce in connection with distributing downloadable Casper CBC software and specifications under open-source licensing agreements in the United States.

Registration 59

Registration Trademark Ownership Marketing 59

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. With an astounding $17.7 The cat painting itself does not usually immutably exist on the blockchain.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Technology & Marketing Law Blog

AUGUST 18, 2022

Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. MGA Entertainment.

Fair Use 106

Fair Use Cease and Desist Copyright Blogging 106

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

Technology 96

Technology Marketing Marketing Copyright 96

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. first submission July 2017; resubmitted Dec. July 18, 2019.

Litigation 52

Litigation Settlement Marketing Marketing 52

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. The software was rewritten in C# and became InSPC v2 in 2017/2018. PQ became aware of InSPC v1 when it was promoted in demo form by CyberMetrics in the Summer 2017. CyberMetrics then removed InSPC v1 from their website.

Copyright Infringement 65

Copyright Infringement Copyright Confidentiality Copying 65

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. LinkedIn appeared first on Technology & Marketing Law Blog. Eric’s Comments.

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

The IPKat

JULY 12, 2024

Leading up to the UK’s general election on July 4, the Green Party designed a brat green graphic mimicking the album cover, replacing the word ‘Brat’ with the message ‘Vote Green’. The brat green craze was, nevertheless, not restricted within the sphere of fashion and beauty.

Social Media 69

Social Media IP Branding Brands 69

43(B)log

FEBRUARY 22, 2021

Composers may have broadened composition styles in response to ©/market participation. [In Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. © attaches without registration and endures for much longer than design rights.

Copyright 40

Copyright Art Copying Editing 40

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. The agreement lays down conditions for patent ownership in the event of default.

IP 40

IP Intellectual Property Branding Brands 40

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Why is that?

IP 92

IP Contracts Social Media Copying 92

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works.

Public Domain 98

Public Domain Copyright Law Artwork 98

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. The picture at issue was taken in 2017, and was registered with the U.S.

Blogging 97

Blogging Fair Use Copyright Copyright Notice 97

SpicyIP

FEBRUARY 20, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amend it later on? Delhi High Court clarifies application of Section 15(1)(b) of the Designs Act.

Registration 92

Registration Designs Design Trademark 92

SpicyIP

FEBRUARY 12, 2024

Read Yogesh’s critique of the judgement in light of DHC’s OpenTV decision and the CRI 2017 Guidelines. Case Summaries Gujarat Cooperative Milk Marketing v. The Respondent operates his business through two incorporated entities and claims ownership of the trademark via the permitted use by the two incorporated entities.

Trademark 80

Trademark Social Media Registering Trademarks Copyright 80

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8].

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Kashishipr

AUGUST 2, 2021

Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. Images of genuine goods (for trademarks and designs). Images of infringing goods (if applicable/available).

IP 105

IP Intellectual Property Registration Registering Trademarks 105

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 112

IP Copyright Trademark Intellectual Property 112

IIPRD

MAY 10, 2020

SIPP is envisaged to facilitate the protection of Patents , Trademarks , and Designs of innovative and interesting start-ups. BIRAC will not have any ownership in the filed patents, it will be in the name of the host institution/company but there will be benefit-sharing on the commercialization of the product. [12].

Intellectual Property 40

Intellectual Property Patent Government Technology 40

Technology & Marketing Law Blog

FEBRUARY 14, 2022

In this way, Defendants do even more than merely encourage the posting of CSAM by providing a means for users to publish what they created but rather materially contribute to it by designing their platforms for an illicit purpose. Pornhub appeared first on Technology & Marketing Law Blog. 230’s Immunity.

Blogging 105

Blogging Law Advertising Advertising 105

TorrentFreak

JULY 23, 2023

We use Google Analytics and cookies to collect marketing metrics for our website and several external tools for collecting crash reports (only if a user opts in to sharing these reports). Considering the design of our network and the substantial volume of traffic it accommodates, any modifications to record user activity are unfeasible.

Privacy 135

Privacy IP Technology Reporting 135

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. A number of policies are gaining support within the United States and internationally, encouraging a shift away from fossil fuels propelling the growth of the EV industry (the largest market for batteries).

Intellectual Property 52

Intellectual Property Technology Journalism IP 52