Intellectual Property Law Blog

MAY 2, 2023

New creations implicate IP issues, including the protection of what is created, potential infringement of preexisting IP, and ownership and licensing issues of the output. How must the compliance obligations of open source licenses be met in this context and by whom (developer or user)? Both the U.S.

Government 237

Government Business Licensing Technology 237

Intepat

MAY 24, 2023

The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture. It is crucial in establishing a transparent record of ownership and transfer, while also safeguarding the rights of all parties involved in the transaction.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Now the pertinent question becomes whether the advertisements in question are prohibited under the law.

Branding 105

Branding Brands Branding Personality Rights 105

IP and Legal Filings

DECEMBER 25, 2022

The next phase of blockchain technology is focussed on bringing such scarcity and uniqueness to the internet, allowing for the ownership and collection of unique digital assets. The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch?

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Ownership 98

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

TorrentFreak

FEBRUARY 16, 2024

The complaint alleged that Kokoa TV provided access to Korean-based TV shows and movies, including those exclusively licensed to wA for distribution in the United States. Kocowa holds an exclusive license to distribute around 1,100 shows in the United States, content created by the three major Korean networks. filed its complaint.

Copyright 133

Copyright Trademark Copyright Infringement Registration 133

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Traverse Legal Blog

MARCH 3, 2021

That means there’s a copyright, and someone will own that copyright , and the person who is going to use it or distribute it or otherwise is going to have to have some license — license means permission- – for that copyright. The Difference Between An Endorsement & A License.

Marketing 81

Marketing Marketing Branding Brands 81

Technology & Marketing Law Blog

MAY 30, 2022

Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion.

Blogging 111

Blogging Social Media Television Fair Use 111

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 105

Licensing Copyright Contracts Advertising 105

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g.

False Advertising 45

False Advertising Ownership Advertising Advertising 45

IP and Legal Filings

JANUARY 22, 2024

On the other side, the university argued that Rameshwari Photocopy Services was granted a license to operate a photocopy shop on its campus in order to allow students to photocopy for educational and research purposes. The example of the application of this model is the way Jstor works.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. “The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 111

Copyright Infringement Contracts Ownership Copyright 111

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 132

Registration Fair Use Copyright Designs 132

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

SpicyIP

MARCH 9, 2025

PPL, claiming ownership over public performance rights via assignments from music labels, alleged infringement after its representatives discovered unlicensed use of its repertoire. The plaintiff submitted that it was the owner of the mark and later by assignment and then by seeking a license it is now a permitted user of the mark.

Trademark 59

Trademark Patent Copyright Patent Application 59

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. “The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 98

Copyright Infringement Contracts Ownership Copyright 98

IP and Legal Filings

JANUARY 31, 2023

The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.

Law 105

Law Branding Brands Branding 105

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. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. . §43(a)(1)(A) And literally false statements presumptively cause competitors harm.”

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.”

False Advertising 59

False Advertising Advertising Advertising Ownership 59

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. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

IP Tech Blog

MAY 19, 2023

Clear Disclosure : In the UK, the Advertising Standards Authority (the ASA) and the Competition and Markets Authority (the CMA) regulate influencer marketing by requiring compliance with the CAP Code and consumer protection law. A brand should also obtain waiver of moral rights from the influencer.

Marketing 57

Marketing Marketing Contracts Branding 57

43(B)log

APRIL 29, 2022

Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. into the company name, added the phrase ‘physician developed/formulated’ to the product descriptions, and used Dr. Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.”

False Advertising 45

False Advertising Advertising Advertising Registering Trademarks 45

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 98

Blogging Copyright Settlement Ownership 98

43(B)log

MARCH 23, 2023

“Regardless of which device is used to access digital content, or which ‘iTunes’ app is used to buy or rent the digital content, the app provides a tab or folder labeled ‘purchased.’ ” But when third parties terminate their licensing agreements with Apple, Apple “must revoke [a] consumer[’s] access” to purchased digital content “without warning.”

Licensing 72

Licensing Advertising Advertising Ownership 72

Technology & Marketing Law Blog

JANUARY 12, 2024

” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. I guarantee that copyright owners will quote this statement to improperly assert ownership over uncopyrightable components of their “commercial websites.”

Copying 98

Copying Ownership Derivative Work Contracts 98

43(B)log

JANUARY 17, 2023

False advertising: Sybersound Recs., 2008), held that misrepresentations about copyright licensing status did not relate to the “nature, characteristics, and quality” of a good under §43(a)(1)(B), unlike “the visual and audio quality of the good.” Copyright ownership information is CMI. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

Intepat

DECEMBER 4, 2023

Patents enable the establishment of a strong market presence and revenue generation through licensing as well. Furthermore, patent holders can generate income through licensing their inventions, whether through lump-sum payments or royalties. Cross-licensing agreements also enable access to external technology.

Patent 52

Patent Ownership Intellectual Property Invention 52

LexBlog IP

MAY 19, 2023

Clear Disclosure : In the UK, the Advertising Standards Authority (the ASA) and the Competition and Markets Authority (the CMA) regulate influencer marketing by requiring compliance with the CAP Code and consumer protection law. A brand should also obtain waiver of moral rights from the influencer.

Marketing 52

Marketing Marketing Contracts Branding 52

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir. Baden Sports, Inc.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

LexBlog IP

DECEMBER 26, 2023

If you’re using an online logo generator, such as the one in Canva, a very popular online program for creating all kinds of visual projects, or Logo.com, you need to look at the license terms of the software. Canva and other logo generators are licensing the use of their product and the generated logos in it to you.

Designs 52

Designs Design Trademark Copyright 52

Copyright Lately

JANUARY 31, 2023

What makes Astley’s case interesting is that Gravy and his record label obtained the appropriate copyright license to recreate the melody and lyrics from “Never Gonna Give You Up” (which Astley didn’t write and doesn’t control) for “Betty (Get Money).” The defendants obtained a license to use the former, but not the latter.

Music 104

Music Copyright Licensing Copyright Infringement 104

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2017, WI granted WPI an automatically renewable, exclusive license to use and exploit the content of all of WI’s materials, including the Modigliani material.

False Advertising 59

False Advertising Artwork IP Advertising 59