Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

Registration 59

Registration Designs Design Intellectual Property 59

Kluwer Copyright Blog

JANUARY 9, 2023

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. Copyright law and football matches: impossible to match?

Copyright 94

Copyright Blogging Fair Use Reporting 94

BYU Copyright Blog

JANUARY 18, 2022

On January 3, 2022, Michael James Otto ("Otto") filed suit against Minnesota Independent School District No. 273 (the "District"), claiming that the District violated the longstanding copyright permissions agreement that governed the District's use of a hornet logo designed by Otto (the "Logo").

Copyright Infringement 95

Copyright Infringement Copyright Contracts Government 95

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 145

Contracts Publishing Law Government 145

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers.

Designs 52

Designs Design Law Contracts 52

TorrentFreak

JANUARY 1, 2023

In March 2022, videogame giant Bungie decided to make an example of an unknown individual who was believed to have sent 96 fraudulent DMCA takedown notices to YouTube. “[P]laintiff pled six causes of action: fraudulent notice under §512(f) of the DMCA, false designation of origin under 15 U.S.C. Bungie Fights Back.

Settlement 134

Settlement Reporting Copyright Design 134

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Patently-O

FEBRUARY 10, 2022

The Broadcom chips and Apple phones are manufactured outside of the United States, although they are largely designed in the US, and the nerve centers of marketing and sales are also in the US. Broadcom Ltd. and Apple Inc., The case involves wireless communication chip logic patented by CalTech. ” Halo Elecs., Marvell Tech.

Patent 126

Patent Contracts Invention Design 126

The IPKat

APRIL 5, 2023

Andrew Lykiardopoulous KC and Henry Edwards of 8 New Square presented the patent case highlights of 2022 in the form of a delayed Christmas menu, ranging from Neo crackers to Optis turkey with secret sauce. There were 17 Patents Court judgments in 2022, eight of which were written by Meade J.

Reporting 73

Reporting Patent Patent Infringement Technology 73

The IPKat

APRIL 19, 2023

The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., From this point of view, NFTs have been specifically designed as (or at least have become popular because they are apt to be) an ownable property, a digital intangible asset which can be sold, donated, etc.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] 1] See [link]. [2] 2] See , [link]. 1] See [link]. [2]

Designs 40

Designs Design Patent Prosecution Intellectual Property 40

JD Supra Law

JUNE 1, 2022

It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. In this issue: - Split Panel Weighs General Skepticism Differently in Obviousness Inquiry - Blending Butane Brings Contract Law to 35 U.S.C. §

Contracts 52

Contracts Designs Design Law 52

U.S. Department of Commerce

OCTOBER 13, 2022

Congratulations to the 2022 Energy & Environmental Stewardship Award winners! October 13, 2022. Thu, 10/13/2022 - 08:05. Please join us in congratulating the following recipients of the 2022 Department of Commerce Energy and Environmental Stewardship Awards: CATEGORY: Energy and Water Conservation Project. ASowah@doc.gov.

Contracts 52

Contracts Government Design Designs 52

TorrentFreak

JUNE 27, 2024

In March 2022, YouTube began receiving DMCA takedown notices which claimed that content referenced in the notices infringed the rights of videogame developer Bungie. In June 2022, Bungie filed an amended complaint that named YouTuber/gamer ‘Lord Nazo’, real name Nicholas Minor, as the person responsible.

Intellectual Property 118

Intellectual Property Copyright Copyright Infringement Contracts 118

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. ” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged.

Contracts 75

Contracts Licensing Business Blogging 75

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. Designed to make students feel that they have access to attorneys, separate from university. Contract w/MIT: obligated to help every student who comes to us. Income thresholds, using Patent Office’s standards for small enough to serve. That can be a struggle.

IP 61

IP Contracts Business Privacy 61

TorrentFreak

MARCH 15, 2024

In March 2022, someone began sending DMCA notices to YouTube, claiming that the content listed in the notices infringed the rights of videogame developer Bungie. ” In June 2022, Bungie filed an amended complaint which demanded $7.65m in damages against a YouTuber called Lord Nazo, aka Nicholas Minor.

Copyright 126

Copyright Copyright Infringement Contracts Reporting 126

Kluwer Copyright Blog

APRIL 13, 2023

In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. On 15 December 2022, AG Szpunar delivered his opinion which sought to clarify the exception’s application to the rights of reproduction and communication to the public respectively.

Copyright Law 72

Copyright Law Law Copyright Copying 72

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. ” Section 230. Implications. Case citation : Diep v. Apple, Inc.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 78

Business Patent Invention Design Patent 78

TorrentFreak

JUNE 23, 2022

In addition to damages relating to the fraudulent notices, the company piled on with additional claims for copyright infringement, false designation, business defamation, breach of contract, and violations of consumer protection law. Whether by carelessness or design, it also included his real name: Nick Minor.

IP 145

IP Copyright Copyright Infringement Music 145

Technology & Marketing Law Blog

JUNE 11, 2022

March 21, 2022). RCN Telecom Services, LLC , 2022 WL 1291388 (D. April 29, 2022). Rather, if he were to bring some other claim, perhaps a state contract or tort law cause of action, Tumblr could defend against that claim on the ground that it qualifies for § 512(g)’s safe harbor. YouTube LLC, 2022 WL 704835 (N.D.

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. Gutman, 2022 U.S.

Social Media 119

Social Media Ownership Business Branding 119

Nelligan Law

NOVEMBER 4, 2022

Reading Time: 4 minutes Ontario has now passed new legislation that imposes a contract on 55,000 education workers, relying on the notwithstanding clause to override constitutionally protected labour rights. After months of unsuccessful negotiations, the OSBCU issued the five-day strike notice to the province on October 30, 2022.

Government 98

Government Contracts Law Designs 98

Technology & Marketing Law Blog

JUNE 4, 2022

There wasn’t a special relationship arising from Uber’s contract because it did not expressly reference any such relationship. action to stimulate the criminal conduct”, as was the case in Weirum, where defendants encouraged plaintiffs to drive as quickly as possible to the designated location. June 1, 2022).

Business 128

Business Technology Marketing Marketing 128

The TTABlog

APRIL 17, 2023

Chizena went down swinging in this consolidated opposition to his applications to register the word marks ALL RISE and HERE COMES THE JUDGE and the design mark shown below, for "clothing, namely, t-shirts, shirts, shorts, pants, sweatshirts, sweatpants, jackets, jerseys, athletic uniforms, and caps." Pro Boxing Supplies, Inc. ,

Trademark 95

Trademark Designs Design Licensing 95

Technology & Marketing Law Blog

OCTOBER 11, 2022

Saber sued Oovee for Lanham Act false designation of origin and related state claims. Any representations to real-life persons (living or dead), or real-world vehicle designs (except where licensed), is purely coincidental. ” Spintires added a depiction of the K-700 as a playable vehicle. Case citation : Saber Interactive Inc.

Licensing 140

Licensing Marketing Marketing Design 140

Erik K Pelton

MARCH 11, 2022

6] Some of these solicitations use logos, designs, or fonts that replicate the look of official correspondence from the USPTO or WIPO. Some of the solicitations also reference contract law in the fine print and give only a short timeframe to respond to create a sense of urgency. [7] February 20, 2022. 11, 2022). [2]

Government 147

Government Business Trademark Blogging 147

The TTABlog

MARCH 2, 2022

In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision [ TTABlogged here ] sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls. 2022 USPQ2d XXX (Fed. 2022) [not precedential]. Welch 2022.

Public Domain 72

Public Domain Designs Design Registration 72

Velocity of Content

SEPTEMBER 27, 2022

Wednesday, 28 September 2022. In addition to trademark and trade dress matters, John works on copyright focusing on compliance, contracting and usage rights. 11:00 AM – 12:00 PM EDT /. 5:00 PM – 6:00 PM CEST. Register here.

Copyright 98

Copyright Trademark Contracts Business 98

Kluwer Copyright Blog

SEPTEMBER 28, 2022

© Simon Geiregat 2022. 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. Portability as a Consumer Contract Remedy. Data portability rights are hot in EU legislation.

IP 93

IP Contracts Social Media Copying 93

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

Moral Rights 76

Moral Rights Database Right Designs Design 76

43(B)log

FEBRUARY 22, 2023

Etienne Toussaint is an Assistant Professor of Law at the University of South Carolina School of Law where he teaches Contracts, Business Associations, Secured Transactions, and related seminar courses. For example, in 2022, he was awarded the Junior Great Teacher Award by the Society of American Law Teachers. Toussaint, Ph.D.,

Law 86

Law Journalism Contracts Publishing 86

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . The territorial application will take effect on 1 December 2022.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

The IPKat

NOVEMBER 15, 2022

NFTs are created through smart contracts, pieces of code (a smart contract is a software, in other words) which are deployed on a blockchain through specific transactions (technically speaking, a transaction is a record written on the blockchain’s distributed ledger).

Contracts 82

Contracts Non-Fungible Tokens Technology Advertising 82