LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

Designs 52

Designs Design Editing Patent Application 52

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D. This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

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.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

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.

Privacy 95

Privacy Social Media Advertising Advertising 95

IP and Legal Filings

AUGUST 10, 2024

Employment being taken over by AI With ever increasing population where Indian population is equal to 17.76% of the global population and India’s mid-year population estimate for 2023 is 1,428,627,663 people [1]. How AI is Affecting the Job Market and More. 2023, March 31). How AI is Affecting the Job Market and More.

Social Media 68

Social Media Privacy Technology Contracts 68

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.

Designs 52

Designs Design Advertising Advertising 52

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Ltd vs Poi Social Media Pvt. Humans Of Bombay Stories Pvt.

Cease and Desist 96

Cease and Desist Copyright Infringement Invention Social Media 96

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.

Designs 52

Designs Design Trademark Copyright 52

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

Social Media 82

Social Media Ownership Marketing Marketing 82

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). Comments on CA AB 2273, The Age-Appropriate Design Code Act). Books and Academic Articles. Analysis of CA AB587).

Editing 91

Editing Social Media Blogging Advertising 91

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.

IP 52

IP Designs Design Copying 52

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. Read more. . Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

Social Media 52

Social Media Branding Brands Branding 52

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. Read more. . Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

Social Media 52

Social Media Branding Brands Branding 52

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.

Designs 73

Designs Design Social Media Publishing 73

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. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. 2023 WL 3049106, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 93

Publishing Social Media Copyright Infringement Copyright 93

LexBlog IP

MAY 4, 2023

Known for producing some of the best triggers in the market, the company continues to push the boundaries of firearms technology. Founded in 1878 by the legendary firearms inventor John Moses Browning, the company has been at the forefront of firearms design and manufacturing for over a century.

Editing 52

Editing Patent Patent Application Social Media 52

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 4th 1149 (9th Cir. The plaintiffs argue that such conduct would replicate that of Clearview.

Fair Use 132

Fair Use Privacy Copyright Technology 132

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright 145

Copyright Art Fair Use Registration 145

SpicyIP

JULY 23, 2023

Ashok Kumar conducting activities through webpage on 13 July, 2023 (Delhi High Court) The plaintiff sought a permanent injunction against the unauthorised use of its well-known mark ‘Officer’s Choice’ by the defendant. Delhi High Court grants well-known status to popular clothing brand’s mark ‘Supreme’ Chapter 4 Corp.

Trademark 82

Trademark IP Higher Education Moral Rights 82

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. –Jack Daniel’s v.

Blogging 105

Blogging Trademark Fair Use Trademark Law 105

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. &

Trademark 59

Trademark Registration Invention Social Media 59

Technology & Marketing Law Blog

AUGUST 1, 2023

Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023). In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The question is whether the same is true as a legal matter.)

Blogging 96

Blogging Copying Social Media Copyright 96

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’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions.

False Advertising 69

False Advertising Branding Brands Branding 69

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). Publications “designed to convey the point that consumption of a particular product [will convey a health benefit] are clearly likely to induce the purchase of that product.”

Government 52

Government Advertising Advertising Social Media 52

Corsearch

FEBRUARY 9, 2023

More recently, Mike has been focused on designing and delivering global anti-counterfeiting programs for major international brands. Fireside chat with Mike Sweeney We sat down with Mike to talk about his appointment, learn more about what the committee does, and how his position will benefit Corsearch and its customers in 2023.

Branding 52

Branding Brands Branding Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 13, 2024

. * Guardian : Australia will not force adult websites to bring in age verification due to privacy and security concerns US * California AB-1394 : Commercial sexual exploitation: child sexual abuse material: civil actions: (g) (1) A social media platform shall not knowingly facilitate, aid, or abet commercial sexual exploitation. (2)

Social Media 70

Social Media Reporting Designs Design 70

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 92

Fair Use Licensing Copying Artwork 92

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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

MARCH 25, 2024

In enacting the TCA, Congress found that “efforts to restrict advertising and marketing of tobacco products,” including existing mandatory warnings, had “failed adequately to curb tobacco use by adolescents, [so] comprehensive restrictions on the sale, promotion, and distribution of such products [were] needed.” 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

LexBlog IP

APRIL 11, 2023

Interesting Patents | USA | Tuesday, April 11, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6435b7e7bf4cc5036{display: important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-6435b7e7bf4cc5036{display: important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6435b7e7bf4cc5036{position:

Editing 52

Editing Patent Patent Application Social Media 52

LexBlog IP

OCTOBER 25, 2023

Perry ] The District Court’s September 2023 opinion addressed “three legal issues: copyright infringement, defamation, and intentional interference with business relationships.[T]he . ‘The Covenant of Water’ is a rich, heartfelt novel. That question recently arose in Sonya Larson v. ” Let’s see why.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Technology & Marketing Law Blog

MARCH 25, 2024

“Although social media platforms do not like it, scraping, for various ends, is commonplace.” was indeed motived to spend money in response to CCDH’s scraping in 2023, it was not because of the harm such scraping posed to the X platform , but because of the harm it posed to X Corp.’s We need more of that.

Litigation 88

Litigation Contracts Advertising Advertising 88

Copyright Lately

DECEMBER 4, 2023

has been sucking up so much media oxygen that we risk overlooking hundreds of other prominent creative works that will become copyright-free when the clock strikes twelve on December 31, 2023. The composition was properly registered and renewed, and will expire at the end of 2023 (95 year term). copyright lapse for A.

Public Domain 117

Public Domain Music Copyright Publishing 117

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

LexBlog IP

MARCH 30, 2023

Interesting Patents | Thursday, March 30, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-64266873580273019{display: important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-64266873580273019{display: important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-64266873580273019{position:

Patent 52

Patent Patent Application Editing Business 52

Technology & Marketing Law Blog

FEBRUARY 15, 2023

The “has two main requirements: (1) a mechanism for social media users to file complaints about instances of “hateful conduct” and (2) disclosure of the social media network’s policy for how it will respond to any such complaints.” Law § 394-ccc. Unsurprisingly, the law fails strict scrutiny.

Social Media 64

Social Media Law Publishing Blogging 64