LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers.

Designs 52

Designs Design Law Contracts 52

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

Litigation 87

Litigation Contracts Advertising Advertising 87

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager pleads no facts from which defendants’ use of algorithms would render them providers of information content.

Contracts 137

Contracts Publishing Law Government 137

The TTABlog

JULY 31, 2023

90887104 and 90887134 [Refusals to register MY HEALTH PERKS and MOLINA MY HEALTH PERKS for "Providing information in the fields of health and wellness," absent a disclaimer of "HEALTH PERKS."] August 29, 2023 - 1 PM: In re ProSys Information Systems, Inc. Kenneth Thomas , Opposition No. August 3, 2023 - 1 PM: Mealpass, Inc. Serial Nos.

Contracts 52

Contracts Registration Designs Design 52

Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. com, Shueisha sought permission from a court to obtain information from U.S. Executive Order 13984.

Publishing 121

Publishing Advertising Advertising Music 121

LexBlog IP

FEBRUARY 2, 2023

As highlighted in our recent update , the DSA requires providers of online platforms and of online search engines to publish , by 17 February 2023 , information on the average monthly active recipients of their services in the EU, on their publicly available online interfaces.

Publishing 52

Publishing Contracts Technology Designs 52

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 76

Business Patent Invention Design Patent 76

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” Customers inform Qoins of their outstanding debts that they wish to pay and transfer money to Qoins “on a regular basis to satisfy such debts over time.”

False Advertising 44

False Advertising Advertising Advertising Business 44

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 98

Contracts Registration Designs Design 98

43(B)log

JANUARY 13, 2022

The complaint alleged that, “Coinbase, based on in-depth, empirical data from a previous sweepstakes, knew that the wording, design, and presentation of their Dogecoin sweepstakes advertisements would cause most users never to see the information about the alternative ways to enter on the separate ‘rules and details’ webpage.”

Contracts 57

Contracts Advertising Advertising Government 57

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. By extension, the operator of the domain is a suspected criminal.

Advertising 70

Advertising Advertising Reporting Intellectual Property 70

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 57

Advertising Advertising False Advertising Public Use 57

Technology & Marketing Law Blog

DECEMBER 9, 2022

And since I like to go outside, I figured I’d save everyone some time and provide a condensed takedown of the some of the more common but less-informed perspectives about the laws related to web scraping in the United States. [FN] Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 118

Blogging Law Contracts Cease and Desist 118

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.”

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

JULY 6, 2022

BD alleged that Medline made false and misleading statements that BD had to change its original design as a result of the patent litigation, that the original was found to infringe one or more of Medline’s patents, that the original was discontinued, and that the reverted design would negatively impact BD’s ability to supply sufficient inventory.

False Advertising 57

False Advertising Designs Design Advertising 57

LexBlog IP

MAY 12, 2022

The CPDPA is designed to establish a framework for controlling and processing personal data. Connecticut consumers will have the right to opt out of the processing of their personal data for targeted advertising, the sale of their data, or profiling for automated decisions that produce legal or significant effects on the consumer.

Privacy 40

Privacy Law Higher Education Contracts 40

Kashishipr

JULY 7, 2021

When we talk about safeguarding some specific piece of information that adds to the commercial value of the goods, two obvious options come to our minds. Such a piece of information is capable of adducing additional benefits to the company, which gives it an economic edge over its competitors in the like business.

Patent 105

Patent Intellectual Property Invention Patent Law 105

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. ” This is a highly defense-favorable reading of the contract provision. ” Section 230. eBay case from 2008. Implications.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

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. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

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. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 80

Contracts Blogging Advertising Advertising 80

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. The court granted the motion to dismiss in part.

False Advertising 57

False Advertising Advertising Advertising Designs 57

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy.

Privacy 91

Privacy Contracts Marketing Marketing 91

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Before tackling more serious matters, a quick look at legal streaming services’ subscriber agreements provides a wealth of information.

Copying 116

Copying Social Media Licensing Technology 116

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. Its label doesn’t list the exact quantity of each bacteria species or strain designation, noting instead that its blend of bacteria is proprietary. Did the non-label/package statements qualify as “commercial advertising or promotion”?

False Advertising 57

False Advertising Advertising Advertising Marketing 57

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. What changed by November 19, 2018?

Registration 113

Registration Fair Use Copyright Designs 113

The IPKat

JANUARY 18, 2022

When the catch seems so close…' With News Showcase, Google offers news publishers the opportunity to present their contents in prominent “story panels” which are displayed under Google News and Google Discover, a Google information service that does not rely on a specific search request but presents content based on user preferences.

Publishing 52

Publishing Marketing Marketing Advertising 52

Trading Secrets

JUNE 3, 2022

The court found that touring the plaintiff’s production facilities and gathering information under a non-disclosure agreement sufficiently alleged access to the trade secrets. 25, 2021) (misappropriation where defendant gave information to another employee who did not otherwise have access to the document). Runyon , Case No.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” Of course they “design” their publication to enhance users’ experience and engagement. ” Connection.

Social Media 71

Social Media Publishing Designs Design 71

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Companies are already taking advantage of these new designations. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

IIPRD

AUGUST 4, 2022

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. For modern designers, this may be both a blessing and a curse. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52