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 bill’s winners are few and far between, and definitely not the constituents that the California legislature should be trying to help. I did a media interview regarding AB 2273 that I thought was worth sharing here.

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Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Because the AADC adopts the same definition of “business” as the CCPA/CPRA, this ruling highlights that any speech restrictions in those laws remain vulnerable to a constitutional attack. Kuklinski v.

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The IPKat

MAY 8, 2022

Here's what Hanne writes: Second time is a charm: Danish design company wins plant box war by Hanne Kirk On 22 April 2022, the Danish Eastern High Court handed down its decision in yet another dispute concerning applied art and the question of originality and infringement under copyright law. Its products are sold in more than 60 countries.

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The IPKat

MARCH 16, 2023

At the round table, the speakers discussed the upcoming legal reform, the definition of “evocation”, as well as the conflict between GIs and collective marks. This same definition is suggested in the Proposal for EU GI reform. 1(3) Design Regulation. 80-81 Design Regulation. Following Art.

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Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

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Kluwer Copyright Blog

FEBRUARY 8, 2024

This choice may be influenced by the design of the product, the cost of repair or available repairers. One of these measures is the proposal to amend the Design Directive by including a specific repair clause for design protection. Design rights provide protection to the appearance of a (part of a) product.

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IP Tech Blog

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

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Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

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IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 The online marketplaces do not precisely title the products sold.

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Kluwer Copyright Blog

APRIL 12, 2023

This post is based in part on the Position Statement of the Max Planck Institute for Innovation and Competition of 23 January 2023 on the ‘Design Package’, but expresses the authors’ own personal views. Third, the (now even more pronounced) detachment of design and product and what this means for a theoretical approach to cumulation.

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Intepat

DECEMBER 4, 2024

However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways.

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SpicyIP

FEBRUARY 17, 2025

The Court held: “This is precisely the kind of “wasted effort that the proscription against the copyright of ideas and facts is designed to prevent.” Market Effect Analysis The Courts analysis of market effect created additional concerns by introducing a “potential derivative market” for AI training data.

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LexBlog IP

JANUARY 9, 2023

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

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The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. 50 of 24.4.2017).

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Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) . Harmonized definition of “decision” with Telecommunications Act.

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The IPKat

AUGUST 4, 2024

Sugraone' was the first seedless table grape variety introduced in Italian market in late 1980s. The grace periods are designed to give breeders time to confirm that their varieties meet the criteria for PVR protection. fruits) in the definition of novelty under Article 6(1). Images from Pixabay. both plant and fruit).

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SpicyIP

AUGUST 23, 2024

The Controller of Patents & Designs , rejected a patent application for a lamp based on Panchagavya (cow milk, cow ghee, cow butter, cow curd, cow dung and cow urine) citing that it was barred by Section 3(p) of the Indian Patents Act, 1970 (“the Act”) for being traditional knowledge (“TK”). The Court observed that the object of S.3(p)

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Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

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43(B)log

SEPTEMBER 6, 2023

The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. of unauthorized, gray market parts within [Toyota USA’s] PMA [Primary Market Area], or anywhere, is. The court declined to dismiss the counterclaims.

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LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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IPilogue

MARCH 15, 2023

The Standard also suggested numerous domains of well-being and accompanying indicators that system designers should be concerned with. Ethics and Systems Design The IEEE Standard Model Process for Addressing Ethical Concerns during System Design is also frequently cited.

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IPilogue

JULY 8, 2021

On 19 April 2019, the European Parliament and Council adopted the Directive on copyright and related rights in the Digital Single Market. Although the given definitions restrict the Directive ’s scope, its proposed content monitoring obligations are stricter than those currently in place. Candidate at University of British Columbia.

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IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

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Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. This judge is vexed by the definition of volitional conduct. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations.

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IPilogue

MARCH 14, 2022

and requiring someone to repeat their answer after you zoned out, here is the definition: Non-fungible token (“ NFT ”): a digital asset that represents real-world objects like art, music, in-game items, and videos. Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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Michael Geist

SEPTEMBER 22, 2022

The first two posts in the series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem focused on the risk to the free flow of information stemming from mandatory compensation for linking and how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content.”

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TorrentFreak

AUGUST 24, 2021

YouTuber ‘Touchtone’ (Raul Orelanna) was later added as a defendant in an amended complaint alongside accusations he was paid $500,000 to market the service. Each system has a key-based encryption and decryption process designed to restrict playback to only authorized Sling subscribers.

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Kluwer Copyright Blog

NOVEMBER 4, 2021

The Copyright Directive does not offer its own definition of an ISSP, referring instead to the one provided by Directive 2015/1535 : it is a service normally provided for remuneration, at a distance, by electronic means, and at the individual request of the recipient of the service. This change was to bring art.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

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The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.”

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IPilogue

JULY 23, 2021

This podcast series will definitely appeal to a more niche audience. Despite its short runtime, this episode touches on many interesting ways IP law can apply to the NFT space and is especially important as the NFT market continues to grow. “S T he Progress Pride Flag, and the Realities of IP ” by Input Doc: Marketing Interviews.

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Michael Geist

DECEMBER 6, 2023

The CRTC’s Bill C-11 hearings are in their third and final week as a steady stream of broadcasters and producers make their way to Gatineau to urge the Commission to force Internet streamers to hand over cash in a giant cross-industry subsidy scheme designed to support everyone from small producers to Bell’s news division. One is market exit.

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Technology & Marketing Law Blog

JUNE 21, 2022

” This definition of “social media” has been around for about a decade, and it’s awful. This definition of social media was never meant to be used as a statutory definition, and every word invites litigation. ” [If the definitions are from the TOS, can’t the AG just read that?].

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LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

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The IPKat

JANUARY 24, 2023

The law introduced a definition of a work. The current law with its definition of a work makes the requirement of the objective form explicit. The lawmakers went even further and introduced its definition. There are three conclusions we can draw from this definition. Photos courtesy: Liubov Maidanyk.

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