TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

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Marketing Marketing Privacy Intellectual Property 128

Technology & Marketing Law Blog

AUGUST 1, 2023

A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. 2023 WL 4853650 (D.S.C. July 24, 2023). The post Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P.

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Design Designs Social Media Blogging 98

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023. Atlantic Records Lyrically Challenged. Carter wrote in Jones v. Polychron v.

Copyright 105

Copyright Copyright Infringement Music Fair Use 105

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 108

Marketing Marketing Copyright Copyright Law 108

43(B)log

MAY 8, 2023

The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 6, 2023. The Roundtable will cover the travel and lodging expenses for invited authors.

Trademark 72

Trademark False Advertising Advertising Advertising 72

Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). The court says the impact assessments don’t require businesses to look at service design configurations or to mitigate any identified risks, so they aren’t likely to advance the state’s child welfare goals.

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Design Designs Privacy Business 109

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers. Vidal (4th Cir.

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Design Designs Cease and Desist Design Patent 74

43(B)log

MARCH 22, 2023

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will be held on Friday, October 6, 2023.

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The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment.

Reporting 86

Reporting Music IP Intellectual Property 86

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. EL’s friend Jane provided some financing to develop and test the prototype, and also gave EL marketing advice, but did not contribute directly to the technical development. By November 2019, EL was satisfied with the design. What do you think?

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Patent Law Law Patent Patent Application 78

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

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTABlog Test: Is AGI2 for Lighting Fixtures Confusable With AGI & Design for Architectural Signage Lighting? Welch 2023. Precedential No.

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The TTABlog

DECEMBER 1, 2023

92078857 (November 29, 2023) [not precedential] (Opinion by Judge Mark A. The Board found petitioner's "fawn" design mark to be inherently distinctive. There was also evidence of four other rice products on the market that feature deer in their packaging. Welch 2023. Global Commodities, Inc. Cancellation No.

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Design Designs Registration Marketing 72

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Design Patent Design Designs Patent 59

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Design Patent Patent Infringement Design Designs 72

Patently-O

FEBRUARY 3, 2023

by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Music 128

Technology & Marketing Law Blog

NOVEMBER 7, 2023

The appeals court says the plaintiffs “have not adequately defined the relevant market.” ” Instead, they identified 15 different markets in “scattergun fashion.” 2023 WL 7268325 (9th Cir. 3, 2023) The post Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v.

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Reporting Blogging Marketing Marketing 98

TorrentFreak

MARCH 22, 2024

. “DoodStream operates a partner program that offers financial remuneration, either per download or stream depending on the country of origin,” the MPA informed the USTR in its ‘notorious markets’ submission. ” “The operators are located in India,” the MPA informed the USTR. 1 to 3 were masked.”

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Reporting Intellectual Property Design Designs 128

Technology & Marketing Law Blog

FEBRUARY 15, 2024

The DSA introduces new actors: Each EU member state must designate a Digital Services Coordinator (among its other responsibilities, the Coordinators will award the status of “trusted flagger”), and the DSA establishes the European Board for Digital Services as “an independent advisory group of Digital Services Coordinators.”

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Blogging Due Diligence Design Designs 105

Intepat

DECEMBER 12, 2024

Analysing the Riyadh Design Law Treaty in the Indian Context The Riyadh Design Law Treaty (DLT), finalized at the WIPO Diplomatic Conference in Riyadh in November 2022, marks a significant step towards harmonizing global industrial design registration processes. This consolidation saves both time and costs.

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Design Designs Law Registration 52

Technology & Marketing Law Blog

FEBRUARY 1, 2023

Yet, here we are in 2023, still reiterating that venerable legal principle. His website stands out for its late 1990s design ethos, plus it uses line numbers on every web page (even the “contact us” page) as if they were court pleadings. Google LLC , 2023 WL 1103648 (D. Alexander Daniloff is an Oregon lawyer.

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Blogging Publishing Law Design 111

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. This Kat was particularly interested in the chapter by Daniel Kevles entitled 'Novelties, Frauds, and Protections'.

Intellectual Property 73

Intellectual Property Design Designs Intellectual Property Law 73

The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

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Design Designs Registration Intellectual Property 62

TorrentFreak

JUNE 18, 2024

French telecoms/audiovisual regulator Arcom has released its annual report covering 2023. Referrals Continue To Fall In general, graduated response warnings are designed to raise awareness and encourage changes in behavior. A total of 1,526 cases were sent to the public prosecutor in 2023, versus 1,395 in 2022, and 1,484 in 2021.

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Reporting Copyright IP Music 129

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The government has until 31 October 2023 to respond to these recommendations. Read more here.

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Copyright Law Law Copyright Copying 72

43(B)log

AUGUST 8, 2023

2023 WL 5000434, No. 4, 2023) Akes brought the usual California claims /unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce ounce bottle of Coppertone Sport Mineral sunscreen as “Face 50” to believe that it was “specifically designed” or “specifically formulated” “for use on the face.”

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Design Designs Marketing Marketing 90

43(B)log

SEPTEMBER 6, 2023

Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Allen Interchange LLC, 2023 WL 5207389, No.

Marketing 59

Marketing Marketing False Advertising Advertising 59

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. Or are they adversarial in nature? & Ors.,

Design 105

Design Designs Cease and Desist Art 105

Velocity of Content

FEBRUARY 14, 2024

Throughout the past year, feedback from the scholarly publishing community was an essential component to enhancing CCC’s market-leading solutions to help publishers of all sizes. universities.

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Publishing Editing Business Reporting 98

Technology & Marketing Law Blog

MARCH 19, 2024

As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Some judges recognize that product design theory just rearticulates claims based on third-party content, as it does here because any radicalizing content came from third-parties, not the social media services themselves.

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Social Media Design Designs Blogging 111

Technology & Marketing Law Blog

MARCH 12, 2023

” “the surrounding context—that the reviews and complaints were posted in a public forum whose existence is designed to give outlet to consumers who, rightly or wrongly, feel mistreated by particular businesses—suggests to the reader that such statements are not intended to be recitations of fact.” Bureau, 2023 N.Y.

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Business Copyright Law Blogging Law 122

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. 91268870 (December 21, 2023) [not precedential] (Opinion by Judge Christen M.

Design 56

Design Designs Marketing Marketing 56

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Design 57

Design Designs Social Media Privacy 57

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. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. Despite Doe v.

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False Advertising Social Media Publishing Advertising 105

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 2023 WL 6130030 (W.D. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

JD Supra Law

JULY 5, 2024

2023-1169 (Fed. Opinion by Lourie, joined by Moore and Albright (sitting by designation). Amarin markets and sells icosapent ethyl, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, under the brand name Vascepa®. Amarin Pharma, Inc., Hikma Pharmaceuticals USA Inc., June 25, 2024).

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Branding Brands Branding Design 74

LexBlog IP

MARCH 10, 2024

36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory frameworks. 4/2012) in the UAE.

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Law Intellectual Property Marketing Marketing 52