43(B)log

OCTOBER 11, 2022

Appian disseminated the report through its sales team, social media, and other marketing. Starting with Pegasystems’ claims, Appian and BPM argued that there was no proof of cognizable injury, and that there was no presumption of injury because multiple firms compete in the BPM market. The BPM market is large.

Marketing 59

Marketing Marketing Business False Advertising 59

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 3d 14 (2d Cir.

Blogging 98

Blogging Copyright Settlement Ownership 98

Indiana Intellectual Property Law

DECEMBER 5, 2022

Elkhart, Indiana – Phoenix USA RV, Inc. , (“Phoenix USA”) founded in 1996 designs, builds, markets, and sells custom motor homes to customers through authorized retailers across the United States. In 2017, Phoenix USA sold to the current owners Chuck and Tina Cooper.

Ownership 52

Ownership Design Designs Marketing 52

SpicyIP

JULY 28, 2023

The move is seen as one of the series of significant changes that have been brought about in Twitter after Elon Musk taking ownership of the organization and tried to make it a diverse platform. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market. Especially in the U.S.,

Trademark 96

Trademark Marketing Marketing Branding 96

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. 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. .” Amount Taken. Spoiler: Not Well). * Another Section 512(f) Case Fails–ISE v.

Fair Use 135

Fair Use Television Cease and Desist Copyright 135

Technology & Marketing Law Blog

MARCH 15, 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. Chen appeared first on Technology & Marketing Law Blog. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Technology & Marketing Law Blog

FEBRUARY 21, 2025

Barrett Financial * 512(f) Once Again Ensnared in an Employment Ownership DisputeShande v. Maritas * 512(f) Plaintiff Must Pay $91k to the DefenseDigital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Next Level Apps appeared first on Technology & Marketing Law Blog. Zoox * Surprise!

Copyright 40

Copyright Cease and Desist Fair Use Intellectual Property 40

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. See generally, Christopher A. DLB-21-401 (D.

Social Media 98

Social Media Contracts Ownership Business 98

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. Babybus appeared first on Technology & Marketing Law Blog. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Fair Use 111

Fair Use Cease and Desist Copying Copyright Infringement 111

Technology & Marketing Law Blog

DECEMBER 27, 2023

512(f) case in the context of an ownership dispute is sent to a jury. In 2017, Defendants’ executive assistant sent emails to Steven Sikes from SoFi seeking to schedule a meeting between Mr. Sikes and Mr. Plashkes. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog.

IP 98

IP Advertising Advertising Copyright 98

Patently-O

FEBRUARY 22, 2023

33] And let’s not forget the elephant in the room, the USPTO, which, as the issuer of patents, has the right to ask for ownership information and the recordation of secured interests throughout the administrative process, particularly as it comes to the broad fee-setting and fee-paying authority it has over the patents it issues and reviews.

Litigation 126

Litigation Reporting Settlement Government 126

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. Day to Day Imports appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Fair Use 122

Fair Use Cease and Desist Copyright Blogging 122

Kluwer Copyright Blog

JANUARY 31, 2022

Martin Garrix backstage during day three of Web Summit 2017. Merely bearing the financial risks of record production, marketing and distribution is not enough. Photo by Seb Daly/ Web Summit via Sportsfile CC BY 2.0.

Music 116

Music Editing Contracts Intellectual Property Law 116

IP and Legal Filings

NOVEMBER 30, 2022

By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region. By 2050, the predicted $0.5 One of ASEAN’s most liberal and open economies is Cambodia.

Intellectual Property 95

Intellectual Property Marketing Marketing IP 95

CopyrightsWorld

APRIL 19, 2021

Creators a few years ago, needed to invest in websites and marketing in order to host their creations and attract eyeballs. Some info on NFTs: NFTs’ actual ownership is blockchain-managed. billion just on the nine top platforms in 2017. Your product, your customers and your strategy. just some weeks ago.

Non-Fungible Tokens 98

Non-Fungible Tokens Ownership Business Art 98

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 105

Fair Use Cease and Desist Copyright Trademark 105

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. RIAA appeared first on Technology & Marketing Law Blog. Longarzo. * Another 512(f) Case Fails–Handshoe v.

Cease and Desist 96

Cease and Desist Fair Use Copyright Blogging 96

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. MGA Entertainment.

Registration 132

Registration Fair Use Copyright Design 132

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 94

IP Contracts Social Media Copying 94

The IPKat

JULY 12, 2024

According to Vogue , In the tradition of Bottega Veneta’s Kelly green, Valentino’s PP pink and Gucci’s Ancora red [IPKat here ] , Charli xcx has taken complete ownership of a colour that is already an ambient presence in modern life. Nonetheless, providing evidence of acquired distinctiveness in order to fulfil Art.

Social Media 72

Social Media IP Branding Branding 72

IP and Legal Filings

OCTOBER 19, 2022

Forms of digital media or virtual artworks are traded among NFT traders in the current NFT market practice, frequently for astronomically high prices. 2560 (2017) and Section 140 of the Civil and Commercial Code of Thailand, which are further expanded upon in other provisions.

Artwork 90

Artwork Copying Contracts Copyright 90

SpicyIP

DECEMBER 15, 2024

vs Nikunj Traders on 7 December, 2024 (Delhi District Court) The plaintiff was engaged in the business of manufacturing and marketing of washing soap, detergent powder, soap, etc. The defendants defaulted in the payment of royalty and the franchise agreement was terminated in 2017.

Patent Application 59

Patent Application Intellectual Property Law Intellectual Property Trademark 59

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. The picture at issue was taken in 2017, and was registered with the U.S.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? Barrett Financial appeared first on Technology & Marketing Law Blog.

Fair Use 75

Fair Use Cease and Desist Copyright Ownership 75

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

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). While Member States can derogate from this right and establish and remunerated exception under art.

Copyright 126

Copyright Art Licensing Contracts 126

LexBlog IP

AUGUST 17, 2021

Given how competitive various industries and markets can be and how much money is often at stake, it’s not surprising to see similar products or innovations arrive concurrently. GM can certainly claim precedence, as their “Super Cruise” went into use in their vehicles in 2017.

Trademark 52

Trademark Ownership Marketing Marketing 52

SpicyIP

MARCH 9, 2025

PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017. Karan Johar v.

Trademark 59

Trademark Patent Copyright Patent Application 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

Patently-O

MAY 15, 2024

He asserted that such restrictions were a legitimate exercise of property rights, an “an ordinary incident of ownership.” 1523 (2017). patents provide no authority abroad, and therefore, a sale in a foreign market should not affect the patentee’s rights within the United States. Impression Products, Inc.

Patent Law 111

Patent Law Patent Law Invention 111

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 103

Trademark Social Media Registering Trademarks Copyright 103

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

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 116

Cease and Desist Contracts Privacy Business 116

The IPKat

MARCH 13, 2022

Further to an appeal, in 2017 the Court of Appeal of Milan partly sided with the artist’s estate, but found that the unauthorized reproduction of the artist’s works in the context of the project and the book would not be unlawful. In 2014, the Milan Court of First Instance dismissed the action in its entirety.

Copyright Law 104

Copyright Law Copyright Law Artwork 104

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