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

Marketing Marketing Confidentiality Social Media 52

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?

Business 52

Business Ownership Reporting Registration 52

TorrentFreak

MAY 18, 2023

Less than 10% of the site’s visitors were located outside Spain so its recent disappearance will be felt most acutely in the local market. ” The precise terms of the AtomoHD shutdown are unknown but domain transfers are definitely involved. million visits per month. The site’s operators reportedly live elsewhere.

Intellectual Property 122

Intellectual Property Ownership Reporting Government 122

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.

Law 52

Law Intellectual Property Marketing Marketing 52

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

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 54

Ownership IP Non-Fungible Tokens Intellectual Property 54

TorrentFreak

APRIL 11, 2022

In 2013, Afdah.com entered the already crowded market and quickly attracted millions of users tempted by a comprehensive library of copyright-infringing movies. We can now confirm that the site’s official domains definitely won’t be making a comeback. MPA/ACE Get Results After Years of Legal Action.

Cease and Desist 118

Cease and Desist Ownership Marketing Marketing 118

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.

Music 52

Music Litigation Copyright Ownership 52

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 94

Blogging Social Media Television Fair Use 94

Technology & Marketing Law Blog

DECEMBER 27, 2023

512(f) case in the context of an ownership dispute is sent to a jury. But none of those cases outright hold that there is a blanket rule for whether using a mark in a keyword purchase is definitively infringement or definitively not infringement. Serc-CA Discos, Inc. Tierra Caliente Music Group, S.A., 2023 WL 8480096 (S.D.

IP 75

IP Advertising Advertising Copyright 75

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

LexBlog IP

JANUARY 17, 2024

The CTA specifically enumerates 23 exemptions from the definition of “reporting company.” Financial Market Utilities This exemption includes any financial market utility designated by the Financial Stability Oversight Council under Section 804 of the Payment, Clearing, and Settlement Supervision Act of 2010.

Reporting 52

Reporting Ownership Business Government 52

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.

Music 131

Music Branding Brands Branding 131

Michael Geist

MAY 18, 2023

This was raised during the committee hearings and dismissed by the government, but the absence of even basic definitions reinforces how the bill creates a dizzying amount of uncertainty. It is not clear on what basis any global service would feel it appropriate to prioritize Canadian content in other markets simply because it is Canadian.

Social Media 133

Social Media Ownership Government Television 133

LexBlog IP

AUGUST 29, 2023

Any entity that qualifies as a domestic or foreign reporting company must file “beneficial ownership reports” with FinCEN, unless specifically excluded under one of the enumerated exemptions. The CTA specifically exempts 23 categories of companies that would otherwise be required to file beneficial ownership reports.

Reporting 52

Reporting Ownership Business Editing 52

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.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

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.

Non-Fungible Tokens 59

Non-Fungible Tokens Technology Confidentiality Ownership 59

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. All this has been complicated by the fact that NFTs are both a new and complex concept.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. For example, foreign direct investment related rules use this term in the definition of ‘ E-commerce’ – buying and selling of goods and services including digital products over digital & electronic network.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

IP and Legal Filings

OCTOBER 18, 2022

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. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

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.

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

IPilogue

APRIL 1, 2022

Canadian patents also tended to belong to individual inventors rather than larger assignees, involved fewer inventors, and were cited less frequently, making them relatively less valuable in the global market for innovation. Blit puts forward several potential explanations. million USPTO patents and pre-grant publications. Conclusion.

IP 73

IP Intellectual Property Inventor Ownership 73

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. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Many of the physical items were Nike sneakers.

False Advertising 69

False Advertising Branding Brands Branding 69

The IPKat

SEPTEMBER 24, 2021

Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’). Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned.

Marketing 57

Marketing Marketing Ownership Advertising 57

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." See also Chem. Conmar Form Sys.,

Ownership 52

Ownership Registration Trademark Contracts 52

LexBlog IP

DECEMBER 6, 2022

It took a lot of marketing effort to bridge the gap between the common dictionary word “apple” and consumer electronic goods. In addition, Merely Descriptive trademarks may require a disclaimer —which means that the owner cannot hold exclusive ownership over the disclaimed portion. Generic Words.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e After undergoing through all these processes one can generate their product in the market.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52

Designs Design Trademark Copyright 52

Michael Geist

APRIL 6, 2022

Further, this broad definition is not limited to linking to actual news articles. Rodriguez insists that the government is supporting a market-based approach , but nothing could be further from the truth. Now that Bill C-18 is available, it is even worse that expected.

Government 97

Government Business Journalism Marketing 97

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.

Registration 93

Registration Trademark Copyright Intellectual Property 93

LexBlog IP

AUGUST 29, 2023

The CTA specifically enumerates 23 exemptions from the definition of “reporting company.” Financial Market Utilities This exemption includes any financial market utility designated by the Financial Stability Oversight Council under Section 804 of the Payment, Clearing, and Settlement Supervision Act of 2010.

Reporting 52

Reporting Ownership Business Government 52

LexBlog IP

JANUARY 17, 2024

Any entity that qualifies as a domestic or foreign reporting company must file beneficial ownership reports ( “BOI” ) with FinCEN, unless specifically excluded under one of the enumerated exemptions. Which entities must file BOI reports under the CTA?

Reporting 52

Reporting Business Editing Ownership 52

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.

Social Media 82

Social Media Contracts Ownership Business 82

LexBlog IP

SEPTEMBER 25, 2023

At present, there is no uniform definition of AI, however, it is generally understood to refer to computer technology with the ability to simulate human intelligence in order to analyze data and reach conclusions, find patterns, and predict future behavior along with the ability to learn from such data and adapt its performance over time.

Confidentiality 52

Confidentiality Intellectual Property Marketing Marketing 52

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ’” This approach favors those sellers who took “the time to comply with government regulations before bringing products to market.”

Trademark 52

Trademark Law Branding Brands 52