Intepat

JUNE 19, 2024

If we are to look into the statutory definition of Evidence, under section 3 of the Indian Evidence Act 1872 evidence means and includes, All statements which the court allows or needs to be presented before it by the witnesses in connection to matters of fact under inquiry.

Trademark 52

Trademark Advertising Advertising Social Media 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 89

Trademark Social Media Advertising Advertising 89

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 82

Social Media Contracts Ownership Business 82

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account. This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Comments on CA AB 2273, The Age-Appropriate Design Code Act). Books and Academic Articles.

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

MARCH 11, 2024

The court explains this and other differences from Aereo: “Aereo involved a system designed for the sole purpose of transmitting the subject content and which had no plausible utility, in that configuration, other than the transmission of that content, whereas X/Twitter is a social media site with a range of potential uses.”

Music 80

Music Copyright Social Media Copyright Infringement 80

Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

Social Media 82

Social Media Ownership Marketing Marketing 82

LexBlog IP

APRIL 18, 2022

In the rulemaking process, however, the FTC developed a very broad definition of “labels,” which led at least one commissioner to dissent because that definition “exceeds our statutory grant of rulemaking authority.” ” (The definition is broad and states that labeling includes “any materials.

Social Media 52

Social Media Marketing Marketing Settlement 52

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 86

Social Media Law Contracts Designs 86

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 S ocial Media & Your IP Rights ” by Innovation Talks.

Non-Fungible Tokens 106

Non-Fungible Tokens IP Law Intellectual Property 106

Kluwer Copyright Blog

NOVEMBER 4, 2021

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

Social Media 141

Social Media Publishing Art Copying 141

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. Such incidents raise concerns among people who entrust their data to digital entertainment platforms.

Privacy 95

Privacy Social Media Advertising Advertising 95

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 127

Social Media Advertising Advertising Designs 127

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. These definitions have also been adopted by the Ninth Circuit, see Fonovisa, Inc.

Blogging 96

Blogging Copying Social Media Copyright 96

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.

Designs 52

Designs Design Branding Brands 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

SEPTEMBER 8, 2021

22, 2021) The parties compete in the market for nutritional supplements. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. True, “generic” and “descriptive” are separate legal definitions along the distinctiveness spectrum.

Copying 83

Copying Marketing Marketing Social Media 83

Technology & Marketing Law Blog

DECEMBER 19, 2023

The lower court was unpersuaded: “Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock.” Here, Doe brings a design defect claim. Take away those messages, and the plaintiff’s negligent design claim would be nonsensical.

Designs 73

Designs Design Social Media Publishing 73

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 100

Social Media Law Blogging Publishing 100

43(B)log

JULY 15, 2024

“Of course, a survey respondent could have easily reached the conclusion that the ‘inspection’ process was designed to weed out counterfeit products. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Cross-examination could address any deviation from market conditions.

False Advertising 69

False Advertising Branding Brands Branding 69

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 4th 1149 (9th Cir. The plaintiffs argue that such conduct would replicate that of Clearview.

Fair Use 132

Fair Use Privacy Copyright Technology 132

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. In that sense, this case is like the “material support for terrorists” cases against social media services, which have failed on a wide variety of grounds beyond Section 230. ” Section 230. .” Negligence.

Copyright Infringement 117

Copyright Infringement Publishing Designs Design 117

IP and Legal Filings

OCTOBER 18, 2022

It encompasses all intersecting IT industries and might affect anything from social media use to surveillance, e-commerce, and technological innovation. The IT Bill mandates a licencing structure for numerous services, including social networks and data centres, while offering broad definitions for social network and service provider.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

43(B)log

AUGUST 3, 2023

That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. Keep up with the culture by considering social media. It’s market definition. The definition expanded far beyond packaging/display. Color, product design.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

MARCH 25, 2024

In enacting the TCA, Congress found that “efforts to restrict advertising and marketing of tobacco products,” including existing mandatory warnings, had “failed adequately to curb tobacco use by adolescents, [so] comprehensive restrictions on the sale, promotion, and distribution of such products [were] needed.” 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

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. Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. That’s not what the statute is designed to prevent.

Blogging 89

Blogging Cease and Desist Business Litigation 89

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

Technology & Marketing Law Blog

FEBRUARY 15, 2023

The “has two main requirements: (1) a mechanism for social media users to file complaints about instances of “hateful conduct” and (2) disclosure of the social media network’s policy for how it will respond to any such complaints.” Law § 394-ccc. Unsurprisingly, the law fails strict scrutiny.

Social Media 64

Social Media Law Publishing Blogging 64

LexBlog IP

OCTOBER 25, 2023

Sonya Larson , New York Times Magazine ] One wonders whether the feeling of weirdness merits acceptance in a world where we “know that artists, almost by definition, borrow from life. Now social media has allowed for PSRs with reality TV celebrities, Instagram influencers, and the like.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

FEBRUARY 24, 2024

Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. Other examples: design patent, as Sarah Burstein has writte n. User names on social media may or may not include trademarks; user bios give more information.

Fair Use 45

Fair Use Branding Brands Branding 45

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code. What’s Required.

Privacy 140

Privacy Designs Design Business 140

Copyright Lately

DECEMBER 4, 2023

public domain on January 1, director Dreyer never chose a definitive musical score for the film. copyright actually did expire in 1987, but one year later, the British Parliament introduced a unique exception to the Copyright Designs and Patents Act of 1988 in favor of the Great Ormond Street Hospital for Children. Well, the U.K.

Public Domain 117

Public Domain Music Copyright Publishing 117

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. By definition, recommendations are never “passive” or “neutral.”

Social Media 139

Social Media Law Fair Use Blogging 139