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 122

Ownership IP Non-Fungible Tokens Technology 122

43(B)log

SEPTEMBER 8, 2021

Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a consumer’s “Purchased” folder.

Ownership 98

Ownership Television Music False Advertising 98

TorrentFreak

JUNE 10, 2024

Pirate Site Promoter, Piracy Profiteer The opening salvo in the publishers’ lawsuit, which majors on violations of the Copyright Act, the Lanham Act, and New York’s General Business Law, details Google’s ‘systemic and pervasive advertising’ of infringing copies of their textbooks and other educational works.

Publishing 117

Publishing Advertising Advertising Reporting 117

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 119

Social Media Ownership Business Branding 119

JD Supra Law

MARCH 25, 2024

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code to support software development. By: Benesch

Intellectual Property Law 75

Intellectual Property Law Intellectual Property Ownership Advertising 75

JD Supra Law

OCTOBER 21, 2024

Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion ruling that a brand’s false claim of patent ownership in a product advertisement may give rise to a deceptive advertising claim under the Lanham Act.

Advertising 69

Advertising Advertising Ownership Patent 69

IPilogue

JUNE 21, 2022

NFTs are unique digital assets that are digital representations of ownership of real-world items. Nike argued that the NFTs’ inflated prices and terms of purchase and ownership have led to public criticism and opinion that the StockX NFTs are a scam. The Nike Suit.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

JD Supra Law

OCTOBER 2, 2024

Last week, Governor Gavin Newsom signed AB 2426 into law.

Law 73

Law Ownership Advertising Advertising 73

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? Image Sources : Gettyimages].

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Ownership 98

IP Law 360

MARCH 22, 2023

Supreme Court cases, but it peaked at oral arguments Wednesday, with the justices considering bad advertising, drunken animals, urine sales and dog ownership, all with the goal of finding a way to balance trademark and free speech rights.

Ownership 75

Ownership Advertising Advertising Litigation 75

43(B)log

AUGUST 16, 2021

There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks. False advertising: Pasadena’s mayor allegedly gave an interview to the New York Times and stated that “the city [ ] shares a trademark on the name of the game with the Tournament of Roses Assocation [.]”

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

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 Branding Brands Personality Rights 105

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 111

Copyright Infringement Copyright Social Media Ownership 111

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. Licensing requires ownership of the designs, which calls into question who owns a costume—the costume designer or the production company who them?

Licensing 105

Licensing Contracts Designs Design 105

Traverse Legal Blog

APRIL 17, 2021

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

TorrentFreak

NOVEMBER 3, 2021

In fact, Applinked was initially served from the developer’s own website and is still advertised and linked from there, despite what happened to its predecessor. However, given the change of ownership and the massively increased filesize, the withdrawal may have been a little mistimed.

Social Media 144

Social Media Ownership Advertising Advertising 144

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.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex. Lanham Act claim: Were these alleged statements commercial advertising or promotion?

Advertising 45

Advertising Advertising Social Media False Advertising 45

TorrentFreak

SEPTEMBER 25, 2024

Granted by the court yesterday, the injunction requires third-party services such as advertising networks, payment processors, hosting providers, CDN services, and IPFS gateways to restrict access to the site.

Publishing 144

Publishing Copyright Infringement Social Media Copyright 144

The IPKat

NOVEMBER 22, 2022

Corpus mysticum Vs. Corpus mechanicum We all know, and in particular the owners of paintings and other artworks should know, that the ownership of a material medium in which an original work, for example, a painting, has been incorporated, does not confer any copyright on such work.

Artistic Work 144

Artistic Work Artwork Public Domain Art 144

The TTABlog

AUGUST 18, 2022

In deciding the issue of ownership, the Board was guided by Lyons v. Those intentions and expectations are also reflected in promotional and advertising material for the program. An application filed by one who is not the owner of the mark is a "void application." of Veterinary Sports Med. & Rehab.

Ownership 45

Ownership Registration Service Mark Contracts 45

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

TorrentFreak

JANUARY 26, 2023

Paid advertising is an option, but it can’t compete with free. Smith: Big Fight, Even Bigger Warnings After reading hundreds of similar articles, the intended effect can wear off, but a few days ago something extraordinary appeared in not one, but two UK tabloids under different ownership.

Publishing 145

Publishing Ownership Technology Reporting 145

Michael Geist

DECEMBER 19, 2022

From the mass layoffs to journalist suspensions to this weekend’s seemingly short-lived policy blocking some links to rival services, it has been a head-spinning stretch since Elon Musk assumed ownership of the service in late October. paid advertising). removed) or can remain on the platforms with compensation (ie.

Social Media 103

Social Media Advertising Advertising Government 103

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Ownership Marketing 122

IP and Legal Filings

JULY 24, 2023

It removes the restrictions on budget and print reproductions, enabling web distribution, copy printing and packaging, and out-of-home advertising impressions. 6] When it comes to using Shutterstock content for client projects, it is essential to understand the intricacies of licensing and content ownership.

Licensing 98

Licensing Advertising Advertising Copying 98

The IPKat

DECEMBER 13, 2022

Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. The NRR allows copyright holders to register and view/download copyright certificates digitally.

Copyright 122

Copyright IP Music Ownership 122

IP and Legal Filings

JANUARY 22, 2024

Then there is ‘TIER Model’, which proposes that what should be controlled is not the content posted, but the way or the means through which the content or work of the creator is posted, and the way in which it is advertised. The example of the application of this model is the way Jstor works.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Copyright Lately

JANUARY 29, 2024

” Plaintiffs Don’t Allege Ownership Of Registered Copyrights George Carlin’s most famous comedy routine is “ Seven Words You Can Never Say on Television.” Section 411(a) is essentially an administrative exhaustion requirement that a copyright owner needs to satisfy before attempting to enforce its ownership rights in court.

Registration 98

Registration Television Advertising Advertising 98

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. Some companies are advising employees not to advertise the use of AI. The “generative” aspect of GAI implies that something new is being created. Both the U.S.

Government 237

Government Business Licensing Technology 237

TorrentFreak

FEBRUARY 16, 2024

All three domains had their ownership hidden by a WHOIS protection service so when Namecheap refused to disable the domains or hand over the identity of the domains’ operator, Wavve Americas Inc. 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

TorrentFreak

JULY 22, 2024

This is also supported by the overlapping Google Tag Manager on these sites, which is installed for advertising purposes. The MPA and ACE are unlikely to walk away since they’re all too familiar with sites ‘changing’ ownership. At minimum, there is some coordination going on. Last year, anime streaming portal Zoro.to

Ownership 120

Ownership Advertising Advertising Copyright 120

43(B)log

MARCH 31, 2023

Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. E waits decades until A is dead; and then E publishes it under a purported grant from A, there is scant reason to credit the necessary ingredient of A’s intent to convey copyright ownership.”

Ownership 45

Ownership Art Copyright Registering Trademarks 45

43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 64

False Advertising Advertising Advertising Design 64

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 90

Copyright IP Ownership Copyright Infringement 90