Biswajit Sarkar Copyright Blog

JULY 21, 2022

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. What is Product Design? Electrical Product design.

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Designs Design Brands Branding 98

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Explaining the recent Delhi High Court decision in Gensol v.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Brands 105

Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. the effect of the use upon the potential market. the purpose and character of your use.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Eric’s Prior Tattoo Copyright Blog Posts. An appeal in Alexander v. Take-Two is likely.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Technology & Marketing Law Blog

MAY 8, 2024

Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Implications I look at the “product design” workaround to Section 230 as a type of Rorschach test. Meta appeared first on Technology & Marketing Law Blog.

Designs 105

Designs Design Social Media Publishing 105

Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

Marketing 98

Marketing Marketing Designs Design 98

Technology & Marketing Law Blog

MARCH 28, 2023

But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Technology & Marketing Law Blog

AUGUST 8, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problem, see this lengthy blog post. Today’s bill is AB 2273, the most pernicious of the three.

Designs 125

Designs Design Privacy Blogging 125

Technology & Marketing Law Blog

MARCH 14, 2022

By contrast, the Government proposes to read the first phrase “without authorization” as a gates-up-or-down inquiry and the second phrase “exceeds authorized access” as dependent on the circumstances—a reading inconsistent with subsection (a)(2)’s design and structure. Such an unhelpful metaphor.].

Blogging 142

Blogging Technology Government Designs 142

Technology & Marketing Law Blog

NOVEMBER 16, 2024

An obvious question: why did the plaintiff choose federal court over the CCB when the CCB was designed precisely for the facts of this case? Whatever the reason, this case’s adjudication in federal court and very low damages award is partially an indictment of the CCB’s failure to occupy the niche it was designed to address.

Copyright 102

Copyright Settlement Licensing Litigation 102

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. The post Hot Take on the Wavy Baby Decision (Guest Blog Post) appeared first on Technology & Marketing Law Blog. at 156 (citation omitted)”).

Blogging 130

Blogging Trademark Brands Branding 130

IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

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Registration Designs Design Intellectual Property 97

Technology & Marketing Law Blog

MAY 17, 2024

Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post X Corp.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

AUGUST 1, 2023

A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. The post Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P. Meta appeared first on Technology & Marketing Law Blog.

Designs 98

Designs Design Social Media Blogging 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. False Designation of Origin 9. TPG’s parent company Red Ventures, LLC, has a market cap about the same size as American Airlines. Trespass 5.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

IP and Legal Filings

JUNE 8, 2022

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. This blog explains all its salient features.

Designs 98

Designs Design Registration Intellectual Property 98

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. That will benefit incumbents–and hurt new market entrants, who have to convince users to do age assurance before users trust them. Prior AADC coverage : Some Memes About California’s Age-Appropriate Design Code (AB 2273).

Designs 119

Designs Design Privacy Business 119

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. In other words, not even close.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

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 116

Blogging Trademark Fair Use Trademark Law 116

Technology & Marketing Law Blog

JUNE 17, 2023

— I’ve only touched on a fraction of the issues in this case, and this blog is already well over 2,000 words. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. –Doe 1 v.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? The post An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC) appeared first on Technology & Marketing Law Blog. For more on the bill, see my prior coverage: Op-ed.

Designs 111

Designs Design Privacy Business 111

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. For background on the bill and its voluminous problems, see this lengthy blog post.

Social Media 136

Social Media Blogging Privacy Government 136

Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). I hope it was worth the wait.] 18, 2023) Shout-Outs The principals responsible for this ruling deserve a special shoutout.

Designs 109

Designs Design Privacy Business 109

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. That’s not what the statute is designed to prevent. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. –RyanAir v.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Technology & Marketing Law Blog

FEBRUARY 11, 2025

[A surprising ruling from Judge Bibas (sitting as a district court judge by designation) in the Thompson Reuters v. Otherwise, what evidence could Ross use to disprove the future possibility of a market that doesn’t exist today?) Ross Copyright Ruling appeared first on Technology & Marketing Law Blog.

Copyright 59

Copyright Fair Use Copying Marketing 59

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. billion in 2025.

Copying 59

Copying Brands Branding Branding 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

JANUARY 23, 2024

The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts. In the context of web-based contracts, clarity and conspicuousness are a function of the design and content of the relevant interface.” citation omitted). Plaintiff’s arguments are unpersuasive.

Contracts 98

Contracts Blogging Advertising Advertising 98

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

The Ninth Circuit said that Section 230 doesn’t apply to design defect claims that aren’t based on third-party content, but we know that the plaintiff is likely to lose the case on its merits based on a nearly identical case that failed in Georgia courts. Blog post on amicus briefs. Blog post on Asurvio v.

Blogging 145

Blogging False Advertising Law Advertising 145

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. I proceeded to do that. They fill in a form, rather than draft a complaint.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

AUGUST 24, 2021

“plaintiffs do not attempt to allege that housing was generally available in their desired markets – much less that housing Ads satisfying those criteria were being placed in Facebook – under the criteria that any of the plaintiffs were using during the times they were using Facebook to search for housing. .”

Advertising 137

Advertising Advertising Marketing Marketing 137

Technology & Marketing Law Blog

AUGUST 24, 2023

Also in the couple of weeks, Microsoft affiliate OpenAI released a product called GPTbot, which is designed to scrape the entire internet. The post Web Scraping for Me, But Not for Thee (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Garrigues Blog

MARCH 4, 2025

When tech giants turned to virtual worlds in 2021, haute couture designers did not hesitate to design digital clothing for avatars and open stores on these platforms. Thanks to their transparency and immutability, NFTs protect both designers and consumers from fakes. Other firms in the industry were soon to follow.

Non-Fungible Tokens 52

Non-Fungible Tokens Brands Branding Branding 52

Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. Ruling The BGH found that the Birkenstock models could not be classified as works of applied art, but merely as designs.

Copyright 52

Copyright Art Design Designs 52

Technology & Marketing Law Blog

SEPTEMBER 29, 2023

I gave the following comments to reporters: __ For the reasons I described in my blog, the SHOP SAFE Act is a marketplace-killer. It is a neutron bomb designed to wipe marketplaces off the Internet. As a result, it remains terrible. This bill is not a nuanced attempt to excise harmful products from the marketplace.

Blogging 116

Blogging Trademark Design Designs 116

Traverse Legal Blog

MARCH 26, 2025

Youve poured your expertise into a book, a supplement, or a digital productsomething designed to help people feel better, live better, be better. FTC marketing guidelines are available to help. 45), prohibiting deceptive or misleading marketing practices. FDA compliance for supplements is not easy.

Brands 52

Brands Branding Branding Marketing 52