43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 100

Social Media Ownership Branding Brands 100

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 111

Ownership IP Non-Fungible Tokens Technology 111

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. In Blue Mountain Enterprises, LLC v. Owen , 74 Cal.

Ownership 98

Ownership Business Contracts Law 98

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. The advertising attempted to target timeshare owners (the target lists for mailers weren’t always accurate). One defendant was a law firm. Restrictions will apply.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 106

Contracts Privacy Social Media Advertising 106

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

False Advertising 72

False Advertising Ownership Registration Designs 72

SpicyIP

MARCH 28, 2022

World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues. Further, this deeming ownership fiction does not apply to freelance journalists that are not employed by news publishers.

Copyright 92

Copyright Publishing Music Contracts 92

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Obtain legal ownership verification. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

Licensing 90

Licensing Copyright Contracts Advertising 90

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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. If not for these efforts, the virtual goods market has the potential to be very competitive. Some examples under class 9 include: S.No.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Remedies: Are current statutory protections adequate to protect rights owners in NFT marketplaces?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands.

Marketing 81

Marketing Marketing Branding Brands 81

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 128

Copyright Ownership Social Media Licensing 128

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. MGA Entertainment.

Registration 113

Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

JANUARY 12, 2024

Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Copyright and contract law that may restrict legally what the user may do with the “copies” that are now resident in the device RAM.

Copying 77

Copying Ownership Derivative Work Contracts 77

Intepat

DECEMBER 4, 2023

This showcases the growing importance of these enterprises in enhancing India’s presence in the global market. Patents enable the establishment of a strong market presence and revenue generation through licensing as well. Some companies even use patents in their advertisements to project an innovative image to the public.

Patent 52

Patent Ownership Intellectual Property Invention 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Users are expressing their annoyance at the frauds that have already taken over the NFT market. Trademark dangers abound in this outlaw setting.

Trademark 86

Trademark Non-Fungible Tokens Branding Brands 86

43(B)log

AUGUST 11, 2022

But there was pressure from the market: this is a business trying to make money. Comparative advertising is another example of free riding that is actually a very good idea. One company does the market research and the other follows. Another use: branding function for purposes of parody/humorously assert rights or ownership.

IP 72

IP Copying Marketing Marketing 72

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 136

IP Intellectual Property Copyright Trademark 136

LexBlog IP

JANUARY 22, 2022

Advertisement: This stage involves the publication of the application in a Trademark Journal. It also becomes more difficult to prove trademark ownership in the absence of a registration, and the burden of establishing this is shifted to the trademark owner. The ARIPO trademark filing system is regulated by the Banjul Protocol.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Advertisement: This stage involves the publication of the application in a Trademark Journal. It also becomes more difficult to prove trademark ownership in the absence of a registration, and the burden of establishing this is shifted to the trademark owner. The ARIPO trademark filing system is regulated by the Banjul Protocol.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

AUGUST 3, 2023

Most common reason: change of ownership or structure, merger, acquisition, sponsorship change, shift from private to public, demerger Change in corporate strategy—globalization or localization, diversify or divest. TM law should facilitate disclosure or it will fall behind market. Did they influence how you advertise?

Social Media 52

Social Media Fair Use Advertising Advertising 52

TorrentFreak

JULY 23, 2023

All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. We also refuse to engage in advertising on platforms with surveillance-based business models, like Google or Facebook.

Privacy 135

Privacy IP Technology Reporting 135

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94