The TTABlog

OCTOBER 6, 2022

TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? and So Lacked Statutory Standing Recommended Reading: Recommended Reading: The Trademark Reporter, July-August 2022 Issue Recommended Reading: The Trademark Reporter, May-June 2022 Issue Recommended Reading: Prof. Welch 2022.

Service Mark 83

Service Mark Design Designs Ownership 83

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. McCandless Group, LLC, 2022 WL 17403067 (C.D. 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. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

Marketing 85

Marketing Marketing Cease and Desist Fair Use 85

The TTABlog

JANUARY 2, 2023

TTAB Sustains Wrangler's Section 2(d) Opposition to "W DENIM" Logo Mark for Denim Goods and Marketing Services TTABlog Test: Is "SMALL WINS" Confusable with "BIG WIN" for Candy? Welch 2022. Yes] TTABlog Test: Is CUSHION COMFORT for Footwear Confusable With DIAMOND CUSHION COMFORT for Socks? Nonuse: Precedential No.

Design 72

Design Designs Television Ownership 72

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. Is it a proper copyright ownership or an assigned license? user, service)?

Copyright 131

Copyright Ownership Social Media Licensing 131

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

Non-Fungible Tokens 97

Non-Fungible Tokens Copyright Intellectual Property Ownership 97

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

CopyrightsWorld

MAY 7, 2022

How are NFTs Transforming Digital Ownership Today, non-fungible tokens (NFTs) give a comprehensive history and evidence of ownership for digital assets and any other asset recognised as a non-fungible token. The importance of NFTs in online communities and events. Useful and interchangeable game elements.

Non-Fungible Tokens 98

Non-Fungible Tokens Ownership Technology Marketing 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

TorrentFreak

APRIL 11, 2022

In 2013, Afdah.com entered the already crowded market and quickly attracted millions of users tempted by a comprehensive library of copyright-infringing movies. On April 8, 2022, Afdah’s confirmed official domains – Afdah.com and Afdah.video – found themselves under new ownership.

Cease and Desist 144

Cease and Desist Ownership Marketing Marketing 144

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! On 24 March 2022, the CJEU issued its judgment in the Austro-Mechana case which tackles the private copying exception and the compensation for the reproduction and storage of copyright material in the cloud. European Parliament and Council, Digital Markets Act.

Copyright Law 58

Copyright Law Copyright Law Music 58

Technology & Marketing Law Blog

FEBRUARY 17, 2022

Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Apple appeared first on Technology & Marketing Law Blog. Fortunately, the court easily reached the right result in this case. Unfortunately, this won’t be the last word on the IP protectability of emojis. Apple, Inc. Marc Jacobs.

Copyright 145

Copyright Copying Blogging Intellectual Property 145

IPilogue

MARCH 9, 2022

As of January 31, 2022, Sony Interactive Entertainment (“Sony”) is behind the video game publisher Bungie. In Sony’s case, it is likely more cost-efficient to purchase Bungie and gain some ownership over its future games than to create games itself for its PlayStation consoles. Behind every video game, there is a video game designer.

Intellectual Property 103

Intellectual Property Ownership Publishing Design 103

Patently-O

JUNE 1, 2022

That exchange included ownership rights of the LEHMAN BROTHERS trademarks. .” I]n modern consumer markets commercial trademarks are often licensed for use on products that may differ from the original source of the trademark. Barclays Capital Inc. ( But, as they say ‘any publicity is good publicity.’.

Registration 123

Registration Ownership Trademark Branding 123

43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. The BPM market is large. Pegasystems Inc.

Marketing 59

Marketing Marketing Business False Advertising 59

SpicyIP

SEPTEMBER 27, 2023

The thrust of the Guidelines appear to be coming from the 2022 Report on Commercializing Intellectual Property from Public Funded Research (Attached as Annexure A to the Guidelines) published by the DBT and authored by a 9 member committee chaired by Prof Raghavan Varadarajan, (IISc). Discussion meeting with PMO 16th August, 2022 4.

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

IP and Legal Filings

FEBRUARY 16, 2024

Introduction Mergers and acquisitions have incredibly taken a sharp stride in the Indian as well as the global market in today’s time. The Indian market till 2000 witnessed some major mergers and acquisitions post that the global credit crisis took a blatant hit on many major economies of the world.

Marketing 98

Marketing Marketing Business Ownership 98

SpicyIP

SEPTEMBER 5, 2022

Moderna has supplied over 299 million doses of its Covid 19 vaccine to the United States and has, reportedly , lined up supply deals worth USD 35 billion through the end of 2022. Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market.

Litigation 137

Litigation Patent Technology Ownership 137

Technology & Marketing Law Blog

MAY 17, 2022

15 years ago, one of the buzziest cyberlaw topics was ownership of assets in virtual worlds, like property acquisitions in Second Life. 2022 WL 1459568 (N.D. May 9, 2022). 2022 WL 871996 (7th Cir. March 23, 2022). Roblox appeared first on Technology & Marketing Law Blog. ” Implications.

Contracts 133

Contracts Publishing Licensing Editing 133

SpicyIP

MAY 18, 2022

Feb 25, 2022. March 4, 2022. Feb 22, 2022. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. Some examples under class 9 include: S.No. Application date. Description (shortened).

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. 2022 WL 2205476 (N.D.

Fair Use 115

Fair Use Plagiarism Copyright Marketing 115

TorrentFreak

NOVEMBER 13, 2023

Other channels under the same ownership including Fox Movies, Fox Sports, Disney Channel and Disney Junior, were previously withdrawn, the paper reported. over the same period in 2022. National Geographic and Nat Geo Wild were named specifically along with their owner, Disney. million, an increase of 12.3% million), up 1.4%

Television 124

Television Cinema Government Reporting 124

The IP Law Blog

FEBRUARY 17, 2022

Specifically, Nike alleges that “Recognizing firsthand the immense value of Nike’s brands, StockX has chosen to compete in the NFT market not by taking the time to develop its own intellectual property rights, but rather by blatantly freeriding, almost exclusively, on the back of Nike’s famous trademarks and associated goodwill.”.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

Art 52

Art Marketing Marketing Due Diligence 52

Velocity of Content

FEBRUARY 15, 2023

In December 2022, CCC hosted “ Workflow of the Future: Standards & Sustainability ” a webcast where a panel of industry experts discussed sustainability challenges in trying to reduce our impact on the environment and in managing the effects of the changing environment itself. This webcast was supported by the U.S.

Due Diligence 98

Due Diligence Ownership Reporting Marketing 98

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

Law 104

Law Branding Brands Branding 104

TorrentFreak

MAY 13, 2023

” In its 2022 ‘Engaging With Music’ report, IFPI estimates that almost a third of people say they have used illegal or unlicensed methods to download and listen to music. The major threat in today’s market has been growing for many years, mainly because it’s so quick and easy.

Music 145

Music Branding Brands Branding 145

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

IP and Legal Filings

FEBRUARY 27, 2023

The options are granted over a period of time and employees typically exercise the options when the market price of the stock is higher than the grant price, allowing them to make a profit. Employee stock ownership plans (ESOPs) benefit both the corporation and its employees.

Ownership 97

Ownership Business Marketing Marketing 97

Technology & Marketing Law Blog

MARCH 15, 2022

Chen , 2022 WL 742429 (N.D. March 11, 2022). 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. Case citation : The Sunny Factory, LLC v. Babybus. *

Copyright 134

Copyright Fair Use Cease and Desist Litigation 134

Trading Secrets

JANUARY 27, 2023

There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). Moreover, it applies retroactively to such transactions so parties to the transaction may not get the benefit of their bargain. We expect to see even more large jury results in 2023.

Business 59

Business Intellectual Property Ownership Law 59

Technology & Marketing Law Blog

MARCH 29, 2023

Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Flores sent a DMCA 512(g) counter-notice on June 27, 2022, and filed with the CCB the next day. The respondent did not opt out and the opt out period ended on October 24, 2022.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

MAY 15, 2024

2022), the Ninth Circuit agreed with my view (and cited my amicus brief), expressly rejecting a three-year limit on recovery of damages in cases in which the discovery rule applies. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. Two years later, in Starz Entertainment v. 4th 1236 (9th Cir.

Music 105

Music Blogging Copyright Ownership 105

JIPEL Copyright Blog

DECEMBER 15, 2021

Because the functionality of tweed jackets blocks any company from claiming trademark rights over this particular type of product, it puts at risk the value and exclusivity Chanel has striven towards over the past century through continuing cycles of development and marketing of this tweed jacket.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

IP and Legal Filings

OCTOBER 18, 2023

Introduction Incorporating a novel focus on the digital market environment, the Competition Amendment Act, 2023 stands out as one of the most momentous changes made to the Competition Act of 2002 in the last two decades. The law aims to expand the scope of the Competition Act by including digital markets.

Marketing 105

Marketing Marketing Settlement Law 105

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52