Technology & Marketing Law Blog

JUNE 4, 2024

I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). It’s not hard to imagine how a negligent design claim could have been structured here. Case citation : Freethinker v.

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021. Daktronics, Inc., 21-438).

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.”

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Copying False Advertising Social Media Advertising 62

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. The surveillance on viewing the habit of individuals is often used to advertise similar targeted content.

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Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. And so in December 2021, he launched an ‘in your pocket music promotions hub’. Zoe told the Dragons that she has applied for a ‘design utility patent’. system, this is basically a registered design.

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Designs Design Music Invention 52

TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding.

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Social Media Artwork Copyright Reporting 140

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

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TorrentFreak

OCTOBER 5, 2021

Despite using established legal processes in all three countries, by April 2021 DISH was unable to confirm to the court that the defendants had been directly served. The answer to that question was ultimately negative. Broad Injunction Against Universe IPTV.

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Copyright Infringement Copyright Cease and Desist Social Media 120

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

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Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

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Canadian Intellectual Property Blog

MARCH 17, 2021

On February 11, 2021, the Canadian government announced that due to the Canada-United States-Mexico Agreement (CUSMA), Canada has agreed to extend, by the end of 2022, the protection period to a minimum of the author’s lifetime, the remainder of the calendar year in which the author died, plus 70 years following that calendar year.

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Copyright Intellectual Property Social Media Registration 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

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Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

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Social Media Branding Brands Branding 52

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

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Social Media Law Blogging Publishing 99

43(B)log

OCTOBER 8, 2021

23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.” The toy could not perform as advertised in the commercial.

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Advertising Advertising Social Media Licensing 57

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

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False Advertising Social Media Trademark Branding 40

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. 2021 WL 5893161 (S.D. Paul Rudolph Heritage Foundation, 2021 WL 4482608 (S.D.N.Y.

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Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

DECEMBER 12, 2021

Armslist LLC , 2021 WL 5206580 (E.D. These “bad design” arguments to work around 230 have been rejected repeatedly. In that sense, this case is like the “material support for terrorists” cases against social media services, which have failed on a wide variety of grounds beyond Section 230.

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Copyright Infringement Publishing Designs Design 116

IP Tech Blog

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. His NFT sales have reportedly surpassed $1.1 million, with the most expensive METABIRKINS NFT selling for $45,100.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

SEPTEMBER 8, 2021

2021 WL 1321653, No. 22, 2021) The parties compete in the market for nutritional supplements. Even without that, the claimed trade dress featured a “common, basic” package shape and label design. Orgain, Inc. Northern Innovations Holding Corp., 8:18-cv-01253-JLS-ADS (C.D.

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Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). 2021 WL 1226156 (S.D.N.Y. April 1, 2021). June 7, 2021).

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IP Social Media Fair Use Branding 85

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. The inclusion of the design element did not change this conclusion as POTIFY was the dominant portion of the mark. Spotify AB , 2022 USPQ2D 37 at *13–14.

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Television Music Advertising Advertising 40

SpicyIP

NOVEMBER 26, 2023

The defendant stopped appearing since October 7, 2021 and since December 2021, the matter has been proceeded ex-parte followed by issuance of bailable warrants against the defendants. Other News India warns social media platforms repeatedly remind users that local laws prohibit them from posting deepfakes.

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Trademark Registration Invention Social Media 59

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

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IP Intellectual Property Copyright Trademark 143

LexBlog IP

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. His NFT sales have reportedly surpassed $1.1 million, with the most expensive METABIRKINS NFT selling for $45,100.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 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.

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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. JLM”), to serve as a wedding, bridesmaid, and evening gown dress designer for JLM. 20 CV 10575-LTS-SLC, 2021 WL 827749, at *4 (S.D.N.Y. 2021 WL 827749, at *6.

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Social Media Contracts Confidentiality Business 59

The IPKat

OCTOBER 16, 2023

Background On 9 October 2021, Tesla held its ‘Gigafactory Berlin County Fair’ at the site of the Gigafactory in Grünheide near Berlin. In the background, the bottle design was displayed (see pictures below). In the background, the bottle design was displayed (see pictures below). Recently, the EUIPO rejected the opposition.

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Art Registration Social Media Publishing 75

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.” The new app then launched in January 2021. WCT’s principal testified that the 2021 app is functional for both indoor and outdoor bike rides.

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The TTABlog

JUNE 11, 2021

In re Sausser Summers, PC , 2021 USPQ2d 618, (TTAB 2021) [re-designated as precedential] (Opinion by Judge Christopher Larkin). In the absence of supporting evidence, we cannot find that Applicant has advertised extensively."

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LexBlog IP

APRIL 13, 2022

According to the Complaint, in early 2021, Damon Dash, who co-owns the record label Roc-A-Fella Records, Inc. (“Roc-A-Fella”) 17] On November 11, 2021, a Twitter account named “@TarantinoNFTs” announced that the sale of the NFTs would occur in December 2021. [18]. Roc-A-Fella Records Inc. Miramax LLC v.

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Non-Fungible Tokens Social Media Contracts Branding 52

IP and Legal Filings

DECEMBER 21, 2022

Today, social media has become a vital part of our lives. Before, there were various print media outlets that we could rely on such as newspapers, television, and radio. However, now, with the rise of social media, users can now create their own content and spread it with thousands of people. What is Social Media?

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Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

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IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples.

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Personality Rights Privacy Social Media Copyright 64

Technology & Marketing Law Blog

JANUARY 18, 2022

This blog post will round up eight FOSTA rulings from 2021–consisting of hundreds of pages of court opinions–I haven’t previously blogged. 2021 WL 4167054 (C.D. 2021 WL 5990195 (C.D. Cases are already going up on appeal, so there will be a lot more law coming on these issues soon. * * *. Ruling #1: Doe v.

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Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 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. It’s Halloween time again!

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