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’. Alex explained that his company’s algorithm takes an artist’s data and then turns it into targeted and practical marketing.

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Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

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Editing Social Media Blogging Advertising 90

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.

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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

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. Vidal, 2021-2347 (Fed. Allegations of “general awareness” are not enough. Buzzfeed, Inc. 2022 WL 16555584 (S.D.N.Y.

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Copyright Social Media Copyright Infringement Publishing 94

The IPKat

JULY 4, 2021

The UK IPO has launched a public consultation on the post-implementation review of Copyright, Designs and Patents Act 1988, regarding whether the 2016 amendments achieved their objectives. Common Market Law Review has announced the 2021 Prize for Young Academics. The call for views is open until August 31.

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Intellectual Property Journalism Social Media Intellectual Property Law 67

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. This strategy is similar to the strategy employed by hidden-city flight broker Skiplagged in its dispute with Southwest Airlines in 2021. Facebook v.

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Cease and Desist Blogging Contracts Social Media 122

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

Kluwer Copyright Blog

NOVEMBER 4, 2021

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. Social media (aka Facebook) were not a part of the conversation.

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Social Media Publishing Art Copying 142

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

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Social Media Marketing Marketing Advertising 57

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. Despite industry’s guidelines to safeguard data and prevent misuse, the data breach cases fuel concerns.

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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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Social Media Law Blogging Publishing 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Generative AI Computer-generated art reached a tipping point in 2022.

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Copyright Art Fair Use Registration 145

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

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. Read more. . Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

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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. Read more. . Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

Social Media 52

Social Media Branding Brands Branding 52

Intellectual Property Office Blog

OCTOBER 26, 2021

As 2021 seems more hopeful than the last year, I’m sure many will be digging out that vampire or zombie costume from the back of the wardrobe for a Halloween party. Counterfeit sellers target seasonal events to list their products in markets, on online marketplaces and promote their products on social media.

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Intellectual Property Licensing Social Media Branding 83

The IPKat

OCTOBER 31, 2021

The two-day online event will take place on 5 and 6 November 2021, from 1:00pm to 5:30pm, CET. 2021 Annual Sir Hugh Laddie Lecture The 2021 edition of the Annual Sir Hugh Laddie Lecture will be held on 3 November 2021 at 7:15pm (CET) and this year it will be delivered by Professor Barton Beebe (NYU).

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Intellectual Property Intellectual Property Law IP Social Media 64

Corsearch

NOVEMBER 15, 2022

If you were told 15 years ago that a personal post on your social media could be worth millions of dollars, would you believe it? In October 2021 this event came to pass; the very first Tweet posted by Twitter co-founder Jack Dorsey was ‘minted’ (created) as an NFT and sold for a staggering $2.9

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Branding Brands Branding Non-Fungible Tokens 52

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

SpicyIP

AUGUST 15, 2021

6 August, 2021]. 9 August, 2021]. 9 August, 2021]. 10 August, 2021]. 9 August, 2021]. 9 August, 2021]. 9 August, 2021]. The Delhi High Court in Viacom18 Media Private Limited v. 9 August, 2021]. 9 August, 2021]. 13 August, 2021]. The Delhi High Court in Star India Pvt.

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Licensing Government Reporting Patent Law 83

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. 2021); McGucken v. See Nicklen v.

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Blogging Copying Social Media Copyright 96

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.

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Registration Fair Use Copyright Designs 113

43(B)log

JULY 20, 2023

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. ” It filed suit on April 15, 2021. The COVID-19 Act was enacted on December 27, 2020.

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Government Advertising Advertising Social Media 52

43(B)log

FEBRUARY 23, 2023

Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. In 2021, Dfinity announced its Developer Grant Program, a grant fund of $200 million “to support initiatives for developers to work on the Internet Computer.”

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Designs Design Registration Trademark 57

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

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com.

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False Advertising Social Media Trademark Branding 40

IP Tech Blog

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Also consider international markets.

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Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

AUGUST 19, 2021

CasperLabs, LLC, 2021 WL 1164985, No. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). 21cv474-GPC(AHG) (S.D.

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Registration Social Media Trademark Registering Trademarks 70

43(B)log

SEPTEMBER 8, 2021

2021 WL 1321653, No. 22, 2021) The parties compete in the market for nutritional supplements. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. Orgain, Inc. Northern Innovations Holding Corp.,

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Copying Marketing Marketing Social Media 82

IPilogue

SEPTEMBER 7, 2021

One of their core values and popular marketing point s is that “privacy is a fundamental human right.” After all, their security and privacy designs are so powerful that Apple allegedly can’t access encrypted user data— even if a government asks for it. Now, in 2021, Apple’s ironclad encrypted system has one exception.

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Privacy Technology Reporting Branding 105

LexBlog IP

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Also consider international markets.

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Trademark Non-Fungible Tokens Intellectual Property Branding 52

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.” K & K Prods., Walt Disney Studios Motion Pictures, No.

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Advertising Advertising Social Media Licensing 57

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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Marketing Marketing Trademark Branding 57

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. ChatGPT has only been trained on pre-2021 data, before the proliferation of Diversity, Equity, and Inclusion (DEI) programs (an observation and not a judgment).

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Business Law Social Media Reporting 52

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Nearly every mainstream marketplace and social media platform has Acceptable Use Policies, which provide procedures for reporting intellectual property infringements.

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Branding Brands Branding Intellectual Property 52

LexBlog IP

JULY 13, 2021

This was originally published by Esports Insider on June 24, 2021. This includes data collected from linked social media profiles. To guide this analysis, esports companies can think about questions such as: Want to send marketing-related text messages to users about an upcoming live stream of a league event?

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