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

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Copyright Lately

AUGUST 10, 2021

Last year, I wrote about an epic copyright battle between the Philadelphia Phillies and the original creators of the Phillie Phanatic over ownership rights in the beloved baseball mascot. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.” But questions still remain.

Derivative Work 101

Derivative Work Copyright Settlement Reporting 101

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

43(B)log

JULY 15, 2024

NFT background: In early 2022, StockX introduced Vault NFTs, which featured Nike’s trademarks and provided the holder ownership of an associated physical item. Of course, a survey respondent could have easily reached the conclusion that the ‘inspection’ process was designed to weed out counterfeit products.

False Advertising 69

False Advertising Branding Brands Branding 69

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

43(B)log

AUGUST 3, 2023

Benefits: nationwide right of priority, evidence of validity/exclusive ownership, right to police imports, incontestability after 5 years, symbolic benefits like ®. That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. It’s market definition.

Registration 52

Registration False Advertising Advertising Advertising 52

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

IP and Legal Filings

SEPTEMBER 12, 2022

Additionally, when it comes to videos, we live in a time of social media where the platforms are made up of recreations and iterations of works. The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. Ownership of Copyright. Ownership under employment.

Art 52

Art Copyright Artistic Work Public Domain 52

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner.

IP 92

IP Contracts Social Media Copying 92

LexBlog IP

AUGUST 2, 2022

Gagnon , Russell Beck notes that court, among other things, effectively expanded the definition of what qualifies as a solicitation under the 2015 statute. Social Media Ownership: I have written before about disputes that can arise between a departing employee and her former employer over ownership of social media.

Social Media 52

Social Media Ownership Intellectual Property Blogging 52

IIPRD

FEBRUARY 8, 2024

Hence in these cases, there arises the situation of divided infringement for which no definitive law exists.” [4] IP owners can restrict unauthorised access or exposure of sensitive information, such as product designs, by encrypting data at the file level i.e., it is invariably encrypted from prior to reaching the cloud to after leaving it.

Intellectual Property 52

Intellectual Property IP Government Technology 52

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

Social Media 107

Social Media Government Designs Design 107

LexBlog IP

APRIL 25, 2022

AML/CFT regime related to beneficial ownership, real estate, and investment advisers and nonfinancial gatekeepers before turning its attention to the high-value art market.” ” [25] This is especially true on third-party sales websites (social media marketplaces, eBay, etc.), Online Marketplaces. ” [26]. .”

Art 52

Art Marketing Marketing Due Diligence 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 112

IP Copyright Trademark Intellectual Property 112

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Recognition of non-human inventors, AI and its implications for India.

IP 136

IP Intellectual Property Copyright Trademark 136

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”.

Social Media 92

Social Media Ownership Contracts Privacy 92

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. There is evidence to support Plaintiffs’ position that TikTok is not interchangeable with other social media applications.

Social Media 82

Social Media Privacy Law Publishing 82

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80