Noted with Interest: The Importance of IP Due Diligence in Bankruptcy Proceedings: The Sale of Il Mulino Restaurants’ Intellectual Property
JD Supra Law
FEBRUARY 15, 2022
See BSP Agency LLC v. Katzoff (In re KG Winddown, LLC), 2021 Bankr.
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JD Supra Law
FEBRUARY 15, 2022
See BSP Agency LLC v. Katzoff (In re KG Winddown, LLC), 2021 Bankr.
Plagiarism Today
FEBRUARY 8, 2022
” However, those on social media, in particular Croatians, were not so quick to dismiss the issue. Instead, he said he was withdrawing due to, “Unpleasant atmosphere in media and social media, as well as pressures I have been exposed regarding my design of the back of the pine marten coin.”
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Selvam & Selvam Blog
MAY 7, 2021
To make sure you create the right perception for the brand, thorough due diligence is a must. So how do you do proper brand due diligence from an IP (legal) perspective? It takes seconds for a consumer to create a brand perception and take a decision. Let us break it down into four points for ease of understanding.
IPilogue
JUNE 13, 2022
Listing someone else’s artwork on an NFT marketplace is as simple as saving a copy of the work from an artist’s website or social media platform and uploading it onto a marketplace where it is minted into an NFT. Still, the straightforward process for creating non-fungible tokens (NFT) has accelerated the theft of digital art.
The IPKat
AUGUST 11, 2021
In GS Media ( C-160/15 , Katpost here ) the CJEU ruled that placing a hyperlink to protected content may be an infringement, when the content linked to is freely accessible, but unlawfully so. Pinterest allows users to upload images (“pins”) and share them with other users. However, no such enquiries were demonstrated in the proceedings.
The IPKat
NOVEMBER 9, 2021
Finally, the panel discussed where liability has fallen under the draft DSA with the concern being that liability is going to be linked to due diligence.
43(B)log
OCTOBER 19, 2023
Plus, “based on the Court’s common sense and experience, hashtags are a commonly used mechanism of communicating information on social media platforms and one would reasonably expect to see such an advertising disclaimer in the form of a hashtag below the substance of the post.”
TorrentFreak
MARCH 16, 2022
In a world that’s dominated by viral social media posts and catchy headlines, branding is everything. Controversial statements and recognizable names are a great way to gain visibility. This attention can then be monetized. LimeWire Comeback? ” From: TF , for the latest news on copyright battles, piracy and more.
Michael Geist
FEBRUARY 14, 2023
The process failure, including the lack of due diligence, can be addressed by fixing the systems and engaging in greater antisemitism education. Indeed, there was no defending the absence of due diligence or the failure to respond quickly once the concern came to light. It is a shame it does not happen more often.
SpicyIP
JUNE 27, 2022
the definitions) and Part II (dealing with intermediaries and social media intermediaries) of the IT Rules, 2021 and primarily impacts only the intermediaries in terms of their obligations under Rule 3. What are the proposed amendments? The Draft Amendment brings about certain changes to only Part I (viz.
SpicyIP
JANUARY 19, 2024
The safeguard against groundless threats alleging copyright infringement in Section 60 suffers from a lack of clarity around some of its key terms like “due diligence”, “groundless” and “prosecution” One decision that attempts to address this lacuna is the Bombay High Court’s decision in Manya Vejju v.
TorrentFreak
SEPTEMBER 9, 2024
The full list, available at the bottom of this article, also includes less obvious targets, such as the messaging app Telegram, Russian social media network VK, and various domain name registries. Those have been called out previously, though, so that’s no surprise either.
Copyright Lately
MAY 10, 2024
Writing for the majority, Justice Kagan assumed, without deciding, that the so-called “discovery rule” applies, under which copyright claims accrue when “the plaintiff discovers, or with due diligence should have discovered” an infringing act. Drop me a note below or @copyrightlately on social media.
Traverse Legal Blog
MAY 1, 2022
Due Diligence for Security Interests in Trademarks. When performing due diligence (related to financing, including a line of credit, M&A or otherwise) on a debtor, a trademark attorney will typically be provided a list (typically called a Schedule) of trademark registrations. Article updated May 2022.
TorrentFreak
OCTOBER 1, 2022
Internet service providers, websites, search engines, hosting providers, domain companies, social media services, and advertising companies are all considered part of the problem.
IP and Legal Filings
DECEMBER 6, 2024
The Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 , that replaced the 2011 rules. CONCLUSION Social media platforms have made it possible for people from all over the world to interact with one another.
Intellectual Property Office Blog
NOVEMBER 26, 2020
These ranged from how to use art, to how much of a magazine you can share on your social media channels. You just need to know the rules, do your due diligence and double check everything. It turns out copyright isn’t all that scary after all.
SpicyIP
DECEMBER 27, 2024
Towards the need for more robust policy measures, the Meity in its 2023 advisory directed social media intermediaries to undertake expeditious action as per the timeframes stipulated under the IT Rules 2021 to identify and disable access to deepfakes.
SpicyIP
OCTOBER 16, 2023
on 10 October, 2023 (Delhi High Court) Image from here The Delhi High Court rejected the plaintiff’s application to amend the plaint and the memo of parties to add new defendants for lack of prior due diligence by them. POI Social Media Pvt. vs Vijay Munjal And Anr. Humans of Bombay Stories Pvt.
LexBlog IP
APRIL 25, 2022
The Report commended optional guidelines that some auction houses have already adopted to conduct due diligence (sometimes operating through formal compliance teams) and hoped for less client resistance to these policies. [18]. ” [25] This is especially true on third-party sales websites (social media marketplaces, eBay, etc.),
IP and Legal Filings
APRIL 19, 2022
The safe harbour exemption clause was added to Section 79 of the Information Technology Act of 2000, which protected an intermediary from liability for third-party content on its platform if it completed “due diligence” as specified by the Central Government.
43(B)log
MAY 22, 2023
Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Their social media footprints range from several thousand to a few million followers. 59 Murray Enters.,
IP Tech Blog
MARCH 18, 2022
In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.
Corsearch
FEBRUARY 3, 2023
Google de-indexing also only removes the URL from search results – the website’s content remains accessible via social media, direct URLs, and other search engines. We do the due diligence and bring them into the fold.” We’ve given them all the information.
Selvam & Selvam Blog
AUGUST 11, 2023
Although the order drew a chuckle on social media due to the sheer absurdity of its background, it highlights the difficulty and struggles IP practitioners and IP Owners have to go through to safeguard their rights. Next, establishing seamless and concrete communication pathways among these departments and Applicants is vital.
LexBlog IP
DECEMBER 19, 2022
In such a doubtful context, careful due diligence of the rights acquired on the work shall be in order for the owner of the corpus mechanicum. VEGAP also requested the Court to enjoin the defendant from creating NFTs and order them their withdrawal, along with damages compensation.
Selvam & Selvam Blog
JULY 11, 2024
Social media & E-commerce takedowns – In case you do find infringing use of the mark on social media or e-commerce platforms, make sure to take appropriate measures separately for taking down of those contents, as those affect your rights more adversely considering the power of digital media today.
Kluwer Copyright Blog
SEPTEMBER 7, 2022
Chapter 5 uses qualitative methods to map out the copyright content moderation structures of key social media platforms, with a focus on their Terms and Conditions and automated systems. 17 CDSMD, which cast doubt on the effectiveness of the provision for EU harmonisation in this field. 17(4) (b) and (c) CDSMD. 17(10) CDSMD.
LexBlog IP
MARCH 18, 2022
In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.
Copyright Lately
MAY 6, 2022
It would have taken a bit of due diligence, but not much. You can also weigh in on your favorite social media platform @copyrightlately. .” But given that these guys don’t seem to be coming to the table with anything other than an admittedly fake IP rights contract, I wouldn’t hold my breath. Definitely.
LexBlog IP
NOVEMBER 2, 2021
Cliffdale offers no guidance as to what degree of due diligence is required. How does an advertiser determine if any of them are related to an employee or work for one of its suppliers? Further, whether a connection is material or whether the connection is unexpected are very fact-specific questions.
IIPRD
FEBRUARY 8, 2024
4] SOLUTION IP audit and due diligence can help identify the IP rights and obligations of the parties involved, as well as the potential IP threats and opportunities. “The cloud is facilitated by the hardware owners and service providers, and the cloud itself might be the result of a subcontract among the parties.
43(B)log
AUGUST 4, 2023
Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? Piggyback on VC due diligence, valuation. Ideas are nothing without financing. Banks will not give loans secured by patents; banking law constraints. How was Silicon Valley Bank able to make loans to startups before its demise?
LexBlog IP
DECEMBER 26, 2023
You will need to have proper searching due diligence done to make sure you won’t be infringing on someone else’s trademark rights. DM me on social media or email me at info@kingpatentlaw.com. Trademarks If you have AI generate a business name, product name, slogan, etc.,
Michael Geist
AUGUST 29, 2022
It is thankfully not everyday that a sitting Member of Parliament uses social media to suggest that you are racist. These posts were openly available online and should have been part of any routine due diligence. Moreover, Goldberg regularly tweeted at the department and Rodriguez to try to get attention.
Copyright Lately
APRIL 17, 2023
Under the discovery rule, an infringement claim does not “accrue” until the copyright holder discovers, or with due diligence should have discovered, the infringement. Let me know in the comments below or on social media @copyrightlately. Complex Media. What do you think?
The IPKat
AUGUST 11, 2022
This advisory is coming in the wake of the proliferation of memes on Kenya's ongoing election campaigns and elections, trending on various social media platforms. Even though memes are generally tolerated on social media, they are by no means exempt from the obligation to procure a licence before they can be generated or created.
43(B)log
JUNE 30, 2023
Media pluralism in DSA can be broadened to say there’s value in pluralism generally: DSA doesn’t tell you how to do things. When we add in the human cost of moderation, we should accept that social media companies can’t do it all. Senftleben: inconsistency is a pathological perspective; pluralism is a democratic one.
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