TorrentFreak

NOVEMBER 24, 2024

Evolution Hoping to secure their piece of the pie, new players entered the market in the years that followed. Unfortunately that logical example fails to help here due to a confusing clash of definitions in the study. When placed side by side, with each definition’s key point highlighted (red), the problem clearly stands out. .

Reporting 113

Reporting Business Music Advertising 113

IP and Legal Filings

NOVEMBER 12, 2024

Incomplete Search on Trademarks: It is definitely critical to make a full search before filing a trademark application to make sure no one else has registered a similar mark already. Many businesses secure trademarks at home but forget to protect their brands in the other markets they will expand in.

Trademark 97

Trademark Branding Branding Brands 97

Technology & Marketing Law Blog

JANUARY 18, 2025

I thought the legality of embedding was definitively resolved when the Ninth Circuit reaffirmed the “server test” in the Hunley v. The post Copyright Owners Are Still Suing Over Embedding appeared first on Technology & Marketing Law Blog. Instagram case (note: the 9th Circuit has reaffirmed Hunley twice).

Copyright 96

Copyright Social Media Licensing Fair Use 96

The IPKat

OCTOBER 14, 2024

Such conduct generated exploitative effects by excessive pricing towards users as well as exclusionary effects towards SGAE’s competitors, representing a barrier to entry into the market for collective management as well as the market for licensing of copyright-protected works for other CMOs or independent management entities (IMEs).

Contracts 64

Contracts Music Licensing Art 64

Kluwer Copyright Blog

MARCH 11, 2025

However, the shift from a market of goods to a market of services has changed this paradigm. Much more alarming is that in this dematerialized reality the disappearance of the market entails the risk of the disappearance of the work itself. There is a dominant personal and temporal dimension to the online access of content.

Copyright Law 105

Copyright Law Public Domain Copyright Law 105

TorrentFreak

DECEMBER 24, 2022

The MPA branded BestBuyIPTV a ‘notorious market’ back in 2018, noting that it was “likely” to be located in Italy. The MPA reported the service to the US Government again a year later, but in the 2021 ‘Notorious Markets’ report, Italy was no longer cited as a hosting location. Or maybe Morocco.

Marketing 104

Marketing Marketing Reporting Brands 104

IPilogue

MARCH 16, 2025

By 'Damola Adediji Policy researchers and government studies worldwide have continued to express deep concerns surrounding Big Tech firms and their extensive collection of personal digital data, which affects how markets operate and compete. Network effects result from how the number of users in a network (e.g.,

Marketing 64

Marketing Marketing Business Technology 64

Intellectual Property Law Blog

SEPTEMBER 20, 2021

The NFT market is just getting started, as the innovation is only in its infancy. Companies getting involved with NFTs should definitely think through these and other issues that will arise and work with knowledgeable counsel to get ahead of the issues to come. It is likely some of the current licenses will lead to litigation.

Licensing 187

Licensing IP Art Business 187

Plagiarism Today

SEPTEMBER 22, 2022

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Settlement 246

Settlement Copyright Infringement Contracts Plagiarism 246

Traverse Legal Blog

NOVEMBER 25, 2024

the effect of the use upon the potential market. The four factors which attorneys and courts consider in determining if the use of a work is infringing include: 1. the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Olartemoure Blog

MAY 6, 2024

The mentioned methodology can be summarized in the following six stages: Relevant Market Definition. Relevant Market Qualification. The market share, and b. The market concentration (considering the IHH index). This qualification will be performed by assigning scores to: a.

Intellectual Property 105

Intellectual Property Marketing Marketing 105

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.

Marketing 98

Marketing Marketing Trademark Registration 98

43(B)log

FEBRUARY 4, 2025

An online news article made the first black-owned distillery statement, but not quoting any Fresh Bourbon representative, and Fresh Bourbon wasnt shown to have used the article in any marketing. Apparently Master Distiller has no set definition. Even assuming that Brough Brothers had shown falsity, it still failed on materiality.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

Kluwer Copyright Blog

MARCH 19, 2025

So, here we have three alternative definitions of lawful access. This definition appears to follow the CJEUs line of reasoning in the Svensson and VG Bild Kunst cases. The legal basis here is still the consent, but we could refer here to an objectified consent of the right holder to have authorised the free access to the work.

Copyright Law 98

Copyright Law Law Copyright Copying 98

Michael Geist

JUNE 4, 2024

For the moment, the actual contributions from Internet streaming services are ignored, an updated definition of Canadian content doesn’t exist, commercial success is irrelevant, and subsidies for the news operations of companies such as Bell and Rogers are encouraged.

Government 145

Government Television Music Marketing 145

Plagiarism Today

AUGUST 23, 2022

Though there are definitely ways that NFTs and blockchain technology can be useful for handling copyright issues , especially in countries where copyright registration is not required, it should not shock anyone that NFTs, as they exist today, aren’t the path. This is especially true now that the NFT market has shrunk so profoundly.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

Technology & Marketing Law Blog

JULY 24, 2022

Thus, a practical, acceptable, and common-sense definition of the term exists, which is what a probation condition needs to pass constitutional muster. OK, but the dictionary definition incorporates the term “social networking,” which the court doesn’t define and doesn’t say if OED defines. July 21, 2022).

Social Media 114

Social Media Editing Blogging Reporting 114

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.

Social Media 145

Social Media Editing Government Law 145

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

Intellectual Property 142

Intellectual Property Social Media Reporting IP 142

The IPKat

JULY 14, 2022

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

IP and Legal Filings

DECEMBER 16, 2024

It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. Recent court decisions such as Christian Louboutin v. Yves Saint Laurent [1] and Herms v. WHAT IS TRADE DRESS?

Branding 98

Branding Brands Branding Designs 98

The IPKat

FEBRUARY 13, 2025

The two referrals The first referral (C-119/22) came from the Finnish Market Court (markkinaoikeus). Specifically, 'product' must be understood according to its definition in Article 1(b) of the SPC Regulation, which defines products as the active ingredients or combinations of active ingredients.

Invention 64

Invention Public Domain Art Marketing 64

Technology & Marketing Law Blog

JULY 1, 2024

While the decision today doesn’t definitively resolve the future of the Florida and Texas laws, a majority bloc of justices–led by Justice Kagan–articulated some important principles that represent a major victory for the First Amendment freedoms of social media services.

Social Media 115

Social Media Law Blogging Government 115

TorrentFreak

FEBRUARY 9, 2024

But then the word ‘ACTION’ caught the eye, quickly followed by ‘Xtreme High-Definition IPTV streaming’ It transpires that Mapleton is no regular city. In common with most documents that mention IPTV on the Mapleton City Website, this one mentions ‘Xtreme High-Definition IPTV’ too.

Publishing 133

Publishing Reporting Marketing Marketing 133

Technology & Marketing Law Blog

FEBRUARY 21, 2023

Justice Gorsuch said that everything turns on the definition in (f)(4) of “access software provider,” an interpretation that would clearly collapse when pressed. No publisher ever wants to use “neutral” tools because the mere act of publication is, by definition, not a neutral act.

Blogging 145

Blogging Publishing Marketing Marketing 145

Technology & Marketing Law Blog

JULY 16, 2022

I definitely did not expect this many music and movie cases in the CCB. The post A First Look at Copyright Claims Board (CCB) Filings appeared first on Technology & Marketing Law Blog. Here is the breakdown of works (note: 1 claim involves both photos and artwork, so I counted the claim in both categories): Photos: 19. Artwork: 8.

Copyright 143

Copyright Artwork Music Blogging 143

Michael Geist

SEPTEMBER 22, 2023

The government is not promoting those changes – there is no reference to it in the press release – but bill gives it broad powers to order inquiries into any market or industry and dictate the terms of the inquiry to the Competition Bureau.

Government 141

Government Publishing Marketing Marketing 141

Kluwer Copyright Blog

JANUARY 18, 2022

On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. 17 of the Copyright in the Digital Single Market Directive (CDSMD). 17 CDSMD, and DSA rules on issues that Art. To ensure consistency, Art.

Copyright 128

Copyright Due Diligence Art Copyright Law 128

SpicyIP

AUGUST 23, 2024

It further observed that TK is not defined in the Act and proceeded to rely on the definitions provided by WIPO and UNESCO (Para 10). The MHC, in one of the first judgments on TK, provided some clarity on the definition of TK by relying on the definitions by WIPO and UNESCO. The Court observed that the object of S.3(p)

Patent 105

Patent Invention Patent Application Art 105

The TTABlog

MARCH 10, 2025

Dictionary definitions and Internet excerpts use the term woolen or wool to describe the material composition of tweed. Any of these could be desirable characteristics that would matter to someone in the market for footwear." In re Budge Mfg. 2d 773, 775 (Fed.

Marketing 45

Marketing Marketing Copyright 45

IP and Legal Filings

APRIL 7, 2025

This blog attempts to unravel these complexities and wrestle with the definitions of trademarks in the hybrid age while providing strategies for businesses to maneuver through this fluid arena. Global Enforcement: The key is working with local legal resources within crucial markets for protection of the brand.

Trademark 59

Trademark Branding Branding Brands 59

SpicyIP

SEPTEMBER 26, 2022

The US FDA has approved around 340 AL / ML based medical devices and that the market for these devices is only going to expand over time. The definition of ‘medical device’ was amended to explicitly include ‘ software ’ […] ‘ which in its intended use assists in diagnosis, prevention, treatment or alleviation of disease or disorder […]’ etc.

Marketing 118

Marketing Marketing Technology 118

Technology & Marketing Law Blog

AUGUST 18, 2021

The post New Primer on the California Privacy Rights Act (CPRA) appeared first on Technology & Marketing Law Blog. If you’re not familiar with the CPRA, this is a good one-stop resource to get you up to speed. If you are familiar with the CPRA, you’ll enjoy seeing the story told with the snark and opprobrium it deserves.

Privacy 145

Privacy Blogging Law Reporting 145

The IPKat

AUGUST 4, 2024

Sugraone' was the first seedless table grape variety introduced in Italian market in late 1980s. The evidence included reports of the marketing of grapes of the 'Sugraone' variety in the United States dating back to 1975. fruits) in the definition of novelty under Article 6(1). Images from Pixabay. both plant and fruit).

Marketing 117

Marketing Marketing Reporting Invention 117

Velocity of Content

DECEMBER 4, 2024

8 This definition of the right could loosely be used as a definitionof machine-learning when applied to the creation of literary and artistic productions because AI machines can produce literary and artistic content (output) that is almost necessarily “based upon”a dataset consisting of preexisting works. 17 U.S.C. § ↩︎ See id. ↩︎ See Jane C.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Technology & Marketing Law Blog

APRIL 6, 2022

While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Newsweek appeared first on Technology & Marketing Law Blog. Breitbart News. United Sports.

Licensing 133

Licensing Fair Use Blogging Copyright 133

Technology & Marketing Law Blog

JUNE 1, 2024

“There can be no dispute that Google (and YouTube) fit within this definition. Washington Department of Health appeared first on Technology & Marketing Law Blog. The court dismisses the claims on their prima facie elements as well as Section 230. ICS Provider. Moreover, other courts have reached the same conclusion.”

Publishing 96

Publishing Blogging Licensing Marketing 96