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. To address these alarming concerns, India has introduced Digital Personal Data Protection Act, 2023, a long-awaited legislation.

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LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 2.

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The IPKat

AUGUST 1, 2024

This Kat is here to help with a list of ten top-notch IP books that will make your summer holiday both enjoyable and productive: Copyright and the Court of Justice of the European Union (Second Edition) By PermaKat Eleonora Rosati , this book was voted the IPKat’s Book of the Year for Best Copyright Book 2023 by our readers!

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IP Intellectual Property Editing Social Media 69

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. ” The defendants successfully defend on Section 230 grounds.

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Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

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Michael Geist

AUGUST 9, 2023

Further, the Canadian plan is facing significant opposition from many OECD countries since it may jeopardize a global agreement that is designed to address the digital services tax issue. Take targeted advertising revenues, which would require that the user be physically located in Canada at the time. These are just two examples.

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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43(B)log

APRIL 25, 2023

2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Motion to dismiss denied as to trademark infringement, false designation of origin, and unfair competition claims based on the use of Smarty Pear’s hashtags.

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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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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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43(B)log

JULY 20, 2023

Nepute, 2023 WL 4623089 , No. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

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TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. The proposed injunction also mentions hosting services, search engines, proxy services, CDNs, donation platforms, browser extensions, social media, payment providers, and advertising services, among others.

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LexBlog IP

NOVEMBER 9, 2023

With decision of May 8, 2023, the EUIPO Cancellation Division provided relevant clarification concerning the use of a trademark in relation to specific registered goods. The application concerned all the goods claimed by the trademark in classes 9, 18, 25 and 28, partly related to the core business of the well-known fashion company K-Way.

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Technology & Marketing Law Blog

DECEMBER 19, 2023

The lower court was unpersuaded: “Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock.” ” In June 2023, the Fifth Circuit affirmed the dismissal in a 3-page per curiam opinion. Here, Doe brings a design defect claim.

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43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike, Inc. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y.

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43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

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SpicyIP

NOVEMBER 26, 2023

Emerald Enterprises vs Emerald Valves Private Limited on 21 November, 2023 (Delhi High Court) The Delhi High Court passed an ex-parte at interim injunction order restraining the defendants from using the mark “Emerald” for valves holding it to be deceptively similar to the plaintiff’s registered “Emerald” mark. Universal City Studios Llc. &

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Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

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Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

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Blogging Trademark Fair Use Trademark Law 105

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. Looking ahead to 2023, Van Voorn says that ACE will continue where it left off by adding more members in the new year. all over the globe. Piercing the Anonymity Veil.

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LexBlog IP

MAY 9, 2023

Interesting Patents | Spotify: Unleashing the Power of Bluetooth Low Energy in Your Car by Founders Legal Interesting Patents | Tuesday, May 9, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

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IP Intellectual Property Social Media Cease and Desist 98

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. year over year to $2.71

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Music Copyright Copying Copyright Law 84

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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LexBlog IP

JANUARY 25, 2023

The first set of obligations applies to all providers of intermediary services, and includes requirements to: Establish two single points of contact for direct communication with regulatory authorities and their users respectively; Designate a legal representative within the EU if they are a foreign-established provider.

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Garrigues Blog

JULY 15, 2024

It is no longer confined to museum walls or catalog pages, we have become used to seeing classic canvases in advertising campaigns, on t-shirts and merchandising products, or parodied in memes on social media. Art is present in every facet of our lives.

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SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? Read on to know more.

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SpicyIP

OCTOBER 16, 2023

Puro Wellness Private Limited & Anr on 10 October, 2023 (Delhi High Court) Image from here The plaintiff alleged disparagement to its mark via the defendant’s pink salt commercial but failed to establish a prima facie case. Tejaswini writes on this development. Image from here Raytheon Company v. vs Vijay Munjal And Anr.

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43(B)log

APRIL 7, 2023

YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? 22 requirement to ensure that notices submitted by trusted flaggers w/in their designated area of expertise, should be processed w/o undue delay. What does it mean for design of rules? We don’t have definite caselaw.

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IP and Legal Filings

FEBRUARY 20, 2024

The lawsuit argued that the “Prevention and Regulation of Dark Patterns, 2023” would protect consumers against “dark patterns.” ” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something.

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Personality Rights Privacy Social Media Copyright 64

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Publisher/Speaker Claims. Citing Doe v. ” Third-Party Content.

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Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. Let me know your thoughts in the comments below or on your favorite social media platform @copyright lately. Talk about a tattoo fail.

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LexBlog IP

APRIL 13, 2022

A trial is set to begin February 28, 2023. In the Amended Complaint, Hermès claimed that Rothschild first began advertising the NFTs under the “METABIRKINS” trademark on December 2, 2021, at Art Basel in Miami, Florida. The parties submitted a joint discovery plan on February 10, 2022. Trademark Claims: Hermès International, et al.

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43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

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LexBlog IP

JUNE 21, 2023

LLC , 599 U.S. _ (2023), and the First Amendment, as I and some colleagues recently described. As the holiday approached this year, it seemed the term “Juneteenth” was everywhere – in broadcast and local media, in advertisements and on social media. Tam , 137 S. 1744 (2017), Iancu v.

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