Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.

Blogging 131

Blogging Law Contracts Cease and Desist 131

TorrentFreak

NOVEMBER 22, 2024

The service says it will block content from ‘a number of’ cyberlockers that are on the US Trade Representative’s “Notorious Markets” list , as well as the EU “Piracy Watchlist” No names are mentioned, but RapidGator, Mega, Dbree, and KrakenFiles are potential candidates. What’s Next?

Marketing 117

Marketing Marketing Copyright 117

Plagiarism Today

NOVEMBER 7, 2022

Earlier today, video game critic and prominent YouTuber James Stephanie Sterling posted a video calling out a marketing firm working for Activision Blizzard in the run-up to the release of Call of Duty: Modern Warfare 2. . A journalist who does this is not a journalist, but another marketer for the company, and they aren’t disclosing it.

Plagiarism 279

Plagiarism Journalism Copying Marketing 279

SpicyIP

FEBRUARY 21, 2025

271751, titled “Preparation of AZOXYSTROBIN” The plaintiffs manufacture and market Azoxystrobin under the brand name AMISTAR. The ToR, referred to as the Proposed Consolidated Reference , included provisions for sample collection, testing protocols, and confidentiality measures.

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

TorrentFreak

NOVEMBER 5, 2024

The Plaintiffs cite Moy’s claim of having “over 500 sellers” in the market, but the number of subscribers isn’t a rough estimate. The plaintiffs claim that Moy referred to himself and his resellers as “silent assassins.” 1201(a)(2) , which concerns circumvention of technical measures.

Law 120

Law Cease and Desist Social Media Business 120

TorrentFreak

DECEMBER 21, 2024

As a TV broadcaster, Sky has an exceptional view of the legal subscription TV market and how the illegal IPTV market encroaches on that. As an ISP that supplies 20% of the market, Sky’s view of its own customers using Sky Broadband to pirate Sky’s pay TV content is a persistent irritant that comes with the territory.

Confidentiality 103

Confidentiality IP Marketing Marketing 103

Intellectual Property Law Blog

NOVEMBER 7, 2023

To prove damages at trial, Cyntec presented a market-share lost profits theory, alleging that 27 companies purchased Chilisin’s accused chokes outside the United States and then imported devices including the chokes into the United States. He then applied Cyntec’s market share to this revenue to yield an estimate of Cyntec’s lost sales.

Art 260

Art Licensing Marketing Marketing 260

IIPRD

JANUARY 22, 2025

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Another important factor is market effect. This, however, would depend on how the elements are qualified, the amount of material that is used, and its potential on the market.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

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 Branding Brands Designs 98

IP and Legal Filings

NOVEMBER 12, 2024

Failure to provide satisfactory evidence that can come in the form of product labels, packaging, invoices, or marketing material can lead to the application being delayed or outright rejected. 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

The IPKat

OCTOBER 20, 2024

Unsurprisingly, the chapter on wine (Chapter 4) is the longest chapter, which includes additional detail about the regulations for wines in the Common Organisation of Agricultural Markets (CMO) in the new edition. Chapter 5 then considers the protection of spirits and the relevant case law.

Editing 75

Editing Law Intellectual Property Publishing 75

Plagiarism Today

MAY 17, 2022

This is mirrored by an ongoing crash in regular crypto markets , that’s seen many of the currencies lose significant portions of their value. We’ve seen mass litigation efforts, commonly referred to as “copyright troll” operations , speculative invoicing and much more. Bottom Line.

Copying 264

Copying Non-Fungible Tokens Plagiarism Licensing 264

TorrentFreak

DECEMBER 15, 2024

As MPA member Sony attracts attention for its continued expansion into both the manga and anime markets, including its recent interest in the acquisition of publishing giant Kadokawa, synergies between the companies will likely be in focus as the weeks unfold. Unreported Details While Bakashi.tv

Cease and Desist 104

Cease and Desist Reporting Advertising Advertising 104

JD Supra Law

AUGUST 28, 2024

On August 9, 2024, China’s State Administration for Market Regulation (SAMR) released a draft of the Anti-Monopoly Guidelines for the Pharmaceutical Sector (hereinafter referred to as the “AMGP”) for public comment.

Marketing 106

Marketing Marketing 106

Technology & Marketing Law Blog

MARCH 30, 2025

It’s an apropos reference because Data is an android who sometimes creates putatively copyrightable works, and one of the best-loved series episodes turns on whether Data should be given the same legal rights as humans. (An The court also notes that money damages could compensate for any market harms.

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

The IPKat

FEBRUARY 13, 2025

The two referrals The first referral (C-119/22) came from the Finnish Market Court (markkinaoikeus). The CJEU also considered the " Teva test," which was developed in its previous ruling in Teva v Gilead (Case C-121/17) regarding the specific interpretation of Article 3(a) of the SPC Regulation.

Invention 64

Invention Public Domain Art Marketing 64

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

TorrentFreak

OCTOBER 26, 2022

Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. ” Links and References Removed. Speaking with TorrentFreak, the operator notes that the term AI is more a marketing term than a technical description. Operator Responds.

Music 145

Music Copyright Infringement Copyright Marketing 145

TorrentFreak

NOVEMBER 8, 2024

Leaked games (sometimes referred to as ‘prerelease games’) are copyrighted video games which Nintendo has not yet publicly released,” the complaint begins. “Defendant is a recidivist pirate who has obtained and streamed Nintendo’s leaked games on multiple occasions.

Copying 127

Copying Copyright Law Technology Copyright 127

IIPRD

MARCH 13, 2025

Intellectual Property refers to any intangible asset or property originated from the human intellect. Copyright Copyright refers to the exclusive rights granted to the authors or performers for their original work or performance like book, film, paintings, compute programmes, etc. For that, first let us understand what are IP and IPR.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

IP.com

APRIL 9, 2025

Assess Market Relevance with TVRs The Technology Vitality Report (TVR) from IP.com provides data-driven insights into an inventions novelty and market relevance. Make better decisions with data-driven insights on novelty and market relevance. Prioritize for enforcement and maintenance. Maintain selectively.

Patent 52

Patent Intellectual Property Patent Prosecution IP 52

IP and Legal Filings

DECEMBER 23, 2024

RELEVANT LAWS While the Fair Use of Copyright Doctrine has been codified under Section 52 of the Indian Copyright Act, 1957, Indian courts frequently assess the facts and circumstances of each case by referring to the four doctrinal factors laid under Section 107 of the US Copyright Law.

Fair Use 52

Fair Use Derivative Work Journalism Copyright Infringement 52

TorrentFreak

NOVEMBER 12, 2024

TVWIKI’s rapid rise in popularity quickly made it a prime anti-piracy target, with Hollywood’s Motion Picture Association (MPA) labeling the operation a notorious piracy market. The Shutdown Notice (translated) South Korean news outlet MBN refers to the alleged operator as “Mr. In a report sent to the U.S.

Branding 113

Branding Brands Branding Copyright 113

TorrentFreak

JANUARY 27, 2025

“Market entry for a pirate is easy. However, she was not referring to overblocking, but to the tendency of blocked sites to launch alternative domains almost instantly. I guess this is a message to anyone who’s developing platforms like this, watch out for false positives,” Hawley said. If the U.S.

Social Media 116

Social Media Litigation Intellectual Property Trademark 116

TorrentFreak

JANUARY 23, 2025

Trade Representative as a notorious piracy market. The bank referred these complaints to 1fichier, asking it to take appropriate action. Failed to comply The Supreme Court saw no need to refer any questions to the Court of Justice of the European Union. Most recently, it was highlighted by the U.S. Monitoring Obligation?

Contracts 76

Contracts Copyright Infringement Copyright Reporting 76

TorrentFreak

MAY 22, 2024

Law Firm Seeks Rightsholder-Like Rights In an application submitted to Finland’s Market Court on March 15, 2024, the law firm Hedman Partners Oy sought a court order to compel an unnamed internet service provider to provide the personal details of an unspecified number of subscribers.

Law 127

Law Settlement Marketing Marketing 127

The IPKat

DECEMBER 22, 2022

Is the operator offering additional services to the third party sellers as part of the marketing of their products (e.g., This decision is of course opposite to that of the Advocate General's opinion , which was in agreement with Eleonora's opinion that the CJEU should answer the referring questions in the negative.

Advertising 143

Advertising Advertising Marketing Marketing 143

Erik K Pelton

JULY 23, 2024

While arbitrary or coined marks can acquire even more legal protection than suggestive names, such terms may be more challenging to market and to promote, because consumers may not be able to connect the dots and therefore may not know what that arbitrary or coined brand name represents.

Trademark 130

Trademark Branding Branding Brands 130

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. Dupe perfumes are often marketed as affordable alternatives to their premium counterparts, offering similar fragrances without the hefty price tag. billion in 2025.

Copying 59

Copying Branding Branding Brands 59

The IPKat

MARCH 11, 2025

The judges referred to the consistent case law of the Court of Justice of the EU (CJEU) to define the term work. The term does not establish a qualitative threshold for copyright protection but rather refers to the creative decision-making process. According to Sec.

Copyright 71

Copyright Art Designs Design 71

TorrentFreak

AUGUST 23, 2024

Rightsholders estimate that over a two-year period, the market value of the content offered via the app amounted to at least one billion Taiwan dollars, around US$31.2m. ” CIB also references two additional suspects; who they are and what roles they played in the operation go unmentioned.

Reporting 125

Reporting Television Marketing Marketing 125

Technology & Marketing Law Blog

SEPTEMBER 28, 2024

This is the age-old issue of when a site’s marketing representation is rendered untrue by third-party content. It is also reasonable to infer that because Angi markets its platform as “connecting verified contractors and homeowners,” Angi’s failure to verify Encor’s license contributed materially to the illegality here.

Licensing 105

Licensing Marketing Marketing Blogging 105

TorrentFreak

OCTOBER 17, 2022

In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. The algorithm masters your track with the same RMS, FR, peak amplitude and stereo width as the reference song you choose,” Songmastr explains.

Music 145

Music Derivative Work Copyright Copying 145

Intellectual Property Law Blog

DECEMBER 15, 2023

Additionally, the PTAB determined that Allgenesis failed to show that claims 4 and 5 were obvious over multiple references because the claims were directed to unexpected results. Allgenesis also asserted settlement conversations as evidence of a likelihood of litigation for patent infringement when Allgenesis brings its product to market.

Marketing 162

Marketing Marketing Settlement Patent 162

IP and Legal Filings

MARCH 26, 2025

It essentially aims to provide form and establish an officially recognized digital currency and govern the same while at the same time restricting the growth of private cryptocurrencies in the Indian market. Most central banks across the world are either exploring or developing Central Bank Digital Currency. Comparative study The IAMAI v.

Technology 59

Technology Government Marketing Marketing 59

TorrentFreak

SEPTEMBER 8, 2023

However, the focus of the conversation was on certain devices, referred to in the interview as “ISDs, Firesticks and Android apps” and their various abilities to facilitate piracy. What’s AAPA’s position there? As a result they are not illegal and cannot be described as such.

IP 131

IP Intellectual Property Marketing Marketing 131

Intellectual Property Law Blog

DECEMBER 18, 2023

Issue(s) Whether the Ressemann reference disclosed the combination of features as to preclude a nexus between the objective evidence of non-obviousness. Medtronic’s argument of legal error was a veiled attempt to overturn the Board’s fact finding that the prior art reference did not disclose the combination of features.

Copying 130

Copying Art Marketing Marketing 130