Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. In 2023, the EU launched its Digital Services Act.

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Law Social Media Advertising Advertising 111

IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

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Fair Use Intellectual Property Derivative Work Copyright Law 95

JD Supra Law

OCTOBER 2, 2023

However, owners may not appreciate another type of intellectual property right that can complement their trademark portfolios: design patents. Below is an overview of the potential benefits of filing design patent applications to protect two types of designs: trade dress and graphical.

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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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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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The IPKat

MARCH 11, 2025

Birkenstock has tried to protect and enforce its iconic sandal design using almost all intellectual property rights available. Their trade marks for the sole pattern design were cancelled because they lacked distinctiveness (General Court, case T-365/20 and T-579/14 ). R1002/2023-3 and R2499/2022-3 ) or, for older models, expired.

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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.

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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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IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. For example, the Tata Nanos rear-engine design and lightweight body structure is patented by Tata Motors. For example, the shape of Coco-Cola bottle is registered as an industrial design. It is governed by the Patent Act, 1970.

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Technology & Marketing Law Blog

NOVEMBER 16, 2024

“Defendant immediately removed the infringing Photo upon having learned of it, [] made an offer of judgment in the amount of $2,500 in September 2023, and [] later conceded liability so as to advance the termination of this action.” KMC appeared first on Technology & Marketing Law Blog. The parties’ conduct.

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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.

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Copyright Copyright Infringement Music Fair Use 115

The IPKat

JANUARY 20, 2025

100/2023, 22nd November 2024 ) and concerning the renowned Italian football club Juventus, one of its official resellers (i.e., La Vecchia Signora (as its supporters call it) claimed inter alia unregistered trade mark infringement, unfair competition and unregistered design infringement.

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Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. billion in 2025.

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Copying Branding Brands Branding 59

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.

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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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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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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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TorrentFreak

OCTOBER 26, 2024

Had a crystal ball been available back in 2017, Merrell would’ve observed the operators of Flawless being sent to prison in 2023 for more than 30 years. As a new customer, subsequently purchased a subscription from a then relatively unknown provider called Flawless TV.

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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.

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Reporting Music IP Intellectual Property 86

SpicyIP

NOVEMBER 15, 2024

The report, however, also highlights that over-reliance on specialization can make economies more vulnerable to external disruptions, such as supply chain disruptions or market shifts. As per this report, in 2023, resident patent filings increased by 29.3%, with Indian residents representing 55% of overall patent filings, a rise from 24.8%

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TorrentFreak

JULY 23, 2023

Note: The responses below were received in 2023. We use Google Analytics and cookies to collect marketing metrics for our website and several external tools for collecting crash reports (only if a user opts in to sharing these reports). The order of the providers is arbitrary and doesn’t carry any value.

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Privacy IP Technology Reporting 140

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

Corsearch

JANUARY 31, 2025

This constant relisting is designed to maintain visibility, as counterfeiters vie for limited digital space and aim to appear above their competitors. Exploiting gray markets Parallel imports and other gray market threats see a rise during this period.

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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

Technology & Marketing Law Blog

MARCH 30, 2025

For Chanukah 2023, I gave my kids an ornament with Data reciting part of the ode ! The court also notes that money damages could compensate for any market harms. The post Rounding Up Recent Copyright and AI Rulings appeared first on Technology & Marketing Law Blog. It was a big hit. Concord Music Group, Inc.

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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

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 80

Garrigues Blog

MARCH 4, 2025

When tech giants turned to virtual worlds in 2021, haute couture designers did not hesitate to design digital clothing for avatars and open stores on these platforms. Thanks to their transparency and immutability, NFTs protect both designers and consumers from fakes. Other firms in the industry were soon to follow.

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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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TorrentFreak

OCTOBER 7, 2024

For the UK’s Premier League, the United States is still a relatively untapped market but given the potential, growth is being taken very seriously indeed. ” It previously appeared on the 2022 EU Commission’s Piracy Watchlist and in the 2023/24 season was reportedly responsible for 12,000+ infringing live streams.

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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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Copyright Lately

FEBRUARY 17, 2025

Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision. The Ninth Circuit held that Accolades interim copying was a fair use because it was a necessary step in acquiring the compatibility code (which was not protected by copyright) and because it increased the publics access to independently designed video games.

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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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TorrentFreak

MARCH 24, 2025

. “The proliferation of matches and competition from other audiovisual content, both sporting and non-sporting, creates an overabundance of content that challenges the balance of the football audiovisual exploitation rights market.” ” The proposals run deep and even if the bill passes, pushback seems almost inevitable.

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SpicyIP

FEBRUARY 17, 2025

On September 25, 2023, Judge Bibas rendered his initial opinion on summary judgment motions concerning direct infringement and fair use. The Court held: “This is precisely the kind of “wasted effort that the proscription against the copyright of ideas and facts is designed to prevent.” But, first, Some History!

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