Technology & Marketing Law Blog

MAY 30, 2023

The case involves Vital Pharmaceuticals, which markets “performance energy drinks” a/k/a drinks that accelerate your death. Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.);

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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). Because of such community ownership, the legislature denies exclusive monopoly rights to inventions incorporating traditional knowledge ” (Para 10). The Court observed that the object of S.3(p)

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Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

TorrentFreak

MAY 13, 2023

The major threat in today’s market has been growing for many years, mainly because it’s so quick and easy. The fact that the music industry has made virtually all of its content available at a fair price (or free) means that the ripping phenomenon cannot be attributed to the labels failing to read the market.

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Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. The Ninth Circuit takes this baffling approach in part due to the 20-year-old Sex.com case (Kremen v. ” That’s true.

Copying 98

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43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership.

Copying 94

Copying False Advertising Social Media Advertising 94

More Than Your Mark

AUGUST 20, 2021

If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it. Trademark and trade dress issues arise from 3-D scanning of well-known articles and other designs in the hopes of marketing them as your own. Copyrights. Trademarks.

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Technology & Marketing Law Blog

MAY 15, 2024

In my blog post on the case , I praised the decision and predicted “that the Supreme Court will eventually grant a petition … and render a definitive decision regarding the discovery rule.” at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. MGM Domestic Television Distribution, LLC , 39 F.4th at *13-*16.

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Music Blogging Copyright Ownership 105

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

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Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

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Ownership Television Copyright Copyright Notice 68

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. As with other such laws, this law struggles with definitions.

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Social Media Contracts Ownership Business 98

IP and Legal Filings

OCTOBER 20, 2022

The candidate will obtain a certificate file right away confirming that they—and they alone—now possess ownership of this digital creation. Recently, the NFT market has witnessed the participation of many artists from various fields, from amateur to professional, and a variety of high-value digital works.

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Non-Fungible Tokens Artwork Ownership Art 96

SpicyIP

SEPTEMBER 15, 2021

This change is based not only on the extensive media coverage or marketing, but also on, the on-field charisma and success of individual players. As explained earlier, considering the impact of such celebrations on their marketability, even the Indian Olympians can extend the use of such celebrations in their respective sports.

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Copyright Marketing Marketing IP 126

Technology & Marketing Law Blog

DECEMBER 12, 2021

After some unspecified number of trades, the gun ends up in Legghette’s hands, even though he was barred from gun ownership due to prior convictions. The court uses a lengthy and unnecessary historical tour of the Seventh Circuit Section 230 jurisprudence to concludes that Section 230(c)(1) is just a definitional section (as Doe v.

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Copyright Infringement Publishing Designs Design 138

Technology & Marketing Law Blog

APRIL 29, 2023

The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Ripps appeared first on Technology & Marketing Law Blog.

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Kluwer Copyright Blog

JANUARY 31, 2022

According to the Dutch Supreme Court, the act of manufacturing (fixation) is essential to this definition. Merely bearing the financial risks of record production, marketing and distribution is not enough. Typically, electronic dance music is produced and edited by artists using their own equipment, and at their own initiative.

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Music Editing Contracts Intellectual Property Law 116

Velocity of Content

OCTOBER 7, 2021

We created Marketplace to provide more services and capabilities to our customers and to be able to respond more quickly to our market, yet we had to manage a seamless transition for tens of thousands of buyers. AR: The biggest driver in making these changes was our commitment to improving our customers’ experience with the product.

Ownership 98

Ownership Blogging Copyright Licensing 98

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. It is clear that there are many definitions and it was generally difficult to settle on one for something that had been “hyped” so much, noted Dr Guadamuz. NFTs could potentially enable ownership but this is yet to be seen.

Ownership 59

Ownership IP Non-Fungible Tokens Intellectual Property 59

Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 105

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Copyright Lately

NOVEMBER 21, 2021

Again, NFTs are just an ownership record and a link to content. Copyright law defines “ publication ” as the distribution of copies of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. NFTs Are Not Copyrightable. This is, after all, supposed to be a copyright case.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

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Technology & Marketing Law Blog

JULY 25, 2022

It’s copyright infringement because an exclusive license is a transfer of copyright ownership. And the Copyright Act specifically defines a “transfer of copyright ownership” to include an “exclusive license … whether or not it is limited in time or place of effect.” 17 U.S.C. § For more on this, see my post on the APL v. US case.

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Blogging Copyright Licensing Copyright Infringement 98

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. The post How Can AI Models Legally Obtain Training Data?–Doe

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Blogging Licensing Privacy Copyright Notice 132

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?

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Branding Brands Branding Design 98

SpicyIP

AUGUST 1, 2021

It further recommends making available these patents to farmers at a subsidized rate and charging market value for private players. This aside, while removing seeds from the list of exclusions would not be a TRIPS violation, removing plants definitely would be. Concluding Thoughts. It is unclear where these suggestions stem from.

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Reporting Patent Law Law Patent 108

JIPEL Copyright Blog

APRIL 15, 2022

Copyright owners tend to pursue legal recourse when a third party uses their work without permission in a way in which the owner is harmed – usually, in the form of reputational damage or market loss. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation.

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Music Litigation Copyright Ownership 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

The Kremen case involved the alleged theft of the sex.com domain name by improperly modifying the electronic records evidencing ownership of the domain name. Website owners can prevent the unauthorized reassignment of their ownership interests, such as someone trying to modify their copyright registration records. First Amendment.

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Licensing Copyright Contracts Advertising 105

LexBlog IP

APRIL 1, 2022

Although NFTs have existed since around 2014, the NFT market exploded last year, generating an estimated $25 billion in sales in 2021 alone. [1] The most important definition of a security appears in the Securities Act of 1933 (the “Securities Act”). [5] 5] That definition is expansive. What Is a Security? Howey Co. ,

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Non-Fungible Tokens Law Contracts Artwork 52

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.

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Trading Secrets

JUNE 13, 2022

The person or entity that owns the NFT records the ownership in the blockchain, which allows NFTs to be sold and traded. The market value of the NFT is linked directly to the digital file that it represents. The market value of the NFT is linked directly to the digital file that it represents.

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Non-Fungible Tokens Technology Confidentiality Ownership 59

IP and Legal Filings

JULY 11, 2024

Image Sources: Shutterstock] Definition and Scope Trademark Registration: A trademark that a business can put on the products that they offer in the market is a word, phrase, symbol or a design associated with the origin of the products.

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LexBlog IP

MARCH 10, 2024

Key Definition within Federal Law No. 36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. 36/2023: According to Article 1 of the Federal Decree-Law No.

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Law Intellectual Property Marketing Marketing 52

TorrentFreak

FEBRUARY 28, 2024

While not necessarily true, the most common answer is: yes, emulators are completely legal but distributing the games (ROMs) is most definitely not, so don’t request them here. It’s not uncommon for people to wander into some corner of the overall emulation scene with a specific question: Are emulators legal?

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Copying Technology Designs Design 122

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

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False Advertising Ownership Registration Designs 72

IIPRD

AUGUST 31, 2022

Companies frequently seek to grow their businesses or enter new markets by acquiring other companies, particularly those with intellectual property (IP) and/or technology. Joint ownership of Intellectual property. of such businesses. Interest of sellers. freedom to operate, validity and enforceability of IP). Pitfalls to Check.

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Due Diligence IP Intellectual Property Ownership 52

Intepat

JUNE 13, 2024

This rampant unauthorized copying, known as design piracy, undermines the economic value of industries by diluting the uniqueness of original designs and reducing the market advantage of legitimate creators. This software can alert businesses to any unauthorized use or replication of their designs.

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Designs Design Brands Branding 52