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.

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Social Media Ownership Marketing Marketing 81

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.

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Ownership IP Non-Fungible Tokens Intellectual Property 55

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” 512(f) case in the context of an ownership dispute is sent to a jury. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog.

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IP Advertising Advertising Copyright 73

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.

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Non-Fungible Tokens Artwork Privacy Ownership 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. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Many of the physical items were Nike sneakers.

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False Advertising Branding Brands Branding 67

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.

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Confidentiality Intellectual Property 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

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.

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Registration Ownership Social Media Marketing 44

LexBlog IP

JULY 26, 2022

If you search online, you will find slightly different definitions, depending on the source. The agreements governing transactions in this space must address the collection, ownership and use of this data. ” That elevator speech always includes a discussion of ad tech, starting with an explanation of what it is.

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Technology & Marketing Law Blog

DECEMBER 12, 2021

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. The post Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits appeared first on Technology & Marketing Law Blog.

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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.

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Registration False Advertising Advertising Advertising 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 Branding Brands 52

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

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Art Marketing Marketing Due Diligence 52

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

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IP Contracts Social Media Copying 93

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 65

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The off-topic rule is, by definition, a content-based restriction on speech. Thus, I think most government-operated online commenting venues, especially on social media, will be characterized as designated public forums–with all of the legal baggage that attaches to that status. 11) Anonymous posts. In Tanner v.

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Social Media Government Designs Design 106

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. View Fullscreen.

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Copying Non-Fungible Tokens Contracts Copyright 123

Kluwer Copyright Blog

MAY 17, 2023

However, fragmentation is still caused by the oft-substantial difference in definitions, specificities and conditions of applicability. When Member States transpose the provision they follow the EU model, but for some instances, such as the definition of the purposes of the exception (e.g. Private copy and reprography.

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SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. However, later the defendant served a termination notice against which the plaintiff filed this suit.

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IP Intellectual Property Copyright Trademark 143

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).

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IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 28, 2022

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 ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

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Social Media Ownership Contracts Privacy 91

Technology & Marketing Law Blog

DECEMBER 1, 2023

This “regulate conduct, not content” distinction is a go-to argument for folks trying to censor social media, and it even worked in part in the social media addiction cases. It’s a brazen form of censorship, ousting one publisher from the market. It is a “no harm no foul” argument.

Social Media 81

Social Media Privacy Law Publishing 81

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

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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 Office, claiming ownership through a written agreement with Coakley.

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Copyright Derivative Work Fair Use Social Media 80