Technology & Marketing Law Blog

JANUARY 21, 2024

YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D. This is a design patent SAD Scheme case. YouTube Schedule A Defendants appeared first on Technology & Marketing Law Blog.

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Copyright Design Patent Trademark Designs 78

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” ” Market Effect. Larry Philpot is a repeat copyright plaintiff. Amount Taken.

Fair Use 92

Fair Use Licensing Copyright Marketing 92

IP and Legal Filings

MARCH 19, 2024

This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction. This article aims to dissect the nuances of trademark restrictions, focusing on the ineligibility of everyday language for monopolistic control.

Branding 52

Branding Brands Branding Intellectual Property 52

Indiana Intellectual Property Law

MAY 7, 2024

The U.S. (..)

Patent 52

Patent Marketing Marketing Technology 52

The IPKat

APRIL 29, 2024

He discussed extensively the law on permissible variations within article 18(1)(a) of the EUTMR. Then it was the turn of Mr Bartos , who addressed the role of subcategories in genuine use while applying article 18 of the EUTMR. Basire brought relevant CJEU case law with this regard and explored the meaning of “overall equivalence”.

Reporting 57

Reporting IP Law Trademark 57

Technology & Marketing Law Blog

FEBRUARY 21, 2024

Nor do allegations of an application’s lack of identify and age verification remove the “publisher” designation. 2024 WL 678248 (Conn. Law360 article. Meta appeared first on Technology & Marketing Law Blog. Agreeing with the majority opinion in Force v. cite to LW v. Cite to Doe v. Superior Ct.

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Publishing Designs Design Social Media 66

Patently-O

JANUARY 12, 2024

by Dennis Crouch This article analyzes some of the latest developments in the ongoing legal battle between medical device company Masimo and tech giant Apple regarding Apple’s adjudged infringement of Masimo’s pulse oximetry patents in its Apple Watch. Customs around a modified design. Masimo , 22-1890 (Fed.

Patent 83

Patent Confidentiality Designs Design 83

The IPKat

MAY 15, 2024

By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. The Applicant appealed.

Registration 57

Registration Intellectual Property Trademark Branding 57

The IPKat

JANUARY 19, 2024

Its purpose is to assist producers in preserving the heritage of locally sourced craft and industrial products, allowing them to compete in specific niche markets while maintaining their local knowledge and culture. Each Member State shall designate a competent authority for the national phase of the procedure ( Art.

Art 70

Art Registration Law Designs 70

Technology & Marketing Law Blog

FEBRUARY 18, 2024

Twitter suggests, if not holds, that this is not enough; Kelly Toys has to show that the Alibaba Defendants had knowledge or reason to know that a particular merchant was either actively marketing infringing goods or intended to exploit their algorithmic infrastructure to market infringing products. You know what we need to do.

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Blogging Advertising Advertising Trademark 90

The IPKat

MAY 9, 2024

Therefore the position sign lacks of distinctive character under Article 7(1)(b) of EUTMR , as it could not serve as a badge of origin of the products. However, position trade marks must meet stringent criteria for distinctiveness to ensure they do not represent common design practices. the Applicant) filed position trade mark no.

Marketing 62

Marketing Marketing Intellectual Property Designs 62

The IPKat

SEPTEMBER 24, 2023

by Antonios Baris and Spyridon Sipetas This September’s Fashion Week introduced us to the Spring/Summer 2024 collections of all major fashion houses and brought along with it the emergence of their new signature colours. Eagerly waiting to shop Gucci ss 2024 collection. This, nevertheless, should not come as a surprise.

Branding 78

Branding Brands Branding Designs 78

IP and Legal Filings

MAY 24, 2024

This article shall attempt to analyse the verdict in the Hermès case and highlight other legal developments around the world that furnish valuable insights on the intersection of trademark protection and works of artistic expression. Goldman, Yuga Labs Wins Key Victory in NFT Infringement Case Against Ryder Ripps, MONDAQ (Dec.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

Technology & Marketing Law Blog

FEBRUARY 15, 2024

.] * * * The European Union’s Digital Services Act (“DSA”), a significant legislative act of 93 articles and 156 recitals, will become fully effective from this Saturday, February 17, 2024. The DSA promises to change the internet inside the EU, and likely create spillover effects outside the EU.

Blogging 94

Blogging Due Diligence Designs Design 94

LexBlog IP

JULY 5, 2023

When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. The Tenth Circuit affirmed the injunction but narrowed it to the countries in which Hetronic marketed and sold products. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

LexBlog IP

AUGUST 29, 2023

This is the second article in a new series about the CTA. The CTA takes effect on January 1, 2024, so it is crucial that you familiarize yourself with your company’s potential reporting obligations now. Therefore, the information discussed in this article is subject to change.

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Reporting Ownership Business Government 52

LexBlog IP

JANUARY 25, 2024

.—an online party, greeting card, and event planning service—sued defendant AJ Press, LLC for trademark infringement and unfair competition arising from its offering of Punchbowl News, a subscription-based online news service that provides articles and podcasts about American politics. [3] 21-55881, 2024 WL 134696 (9th Cir.

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Trademark Designs Design Branding 40

LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2] 5] The risk-based approach is maintained under the political agreement.

Reporting 52

Reporting Publishing Marketing Marketing 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart. 26, 2023, 11:00 AM), [link].

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Herbert Smith Freehills

SEPTEMBER 10, 2021

It outlined wider investment as well, including £1 billion to be invested from 2021-2026 as part of the Government’s Net Zero Innovation Portfolio and £170 million into its Industrial Decarbonisation Challenge (an incubator for decarbonisation technology start-ups) between 2019-2024. Hero Image: 29436. Downloads: 6531O_COP26 - UK_V4.pdf

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Government Due Diligence Publishing Blogging 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

It outlined wider investment as well, including £1 billion to be invested from 2021-2026 as part of the Government’s Net Zero Innovation Portfolio and £170 million into its Industrial Decarbonisation Challenge (an incubator for decarbonisation technology start-ups) between 2019-2024. More on COP26. Hero Image: 29436.

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Government Due Diligence Publishing Blogging 52

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024. Read on to know more!

Trademark 59

Trademark Registration Invention Social Media 59

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Kluwer Copyright Blog

FEBRUARY 20, 2024

years after the implementation deadline, Poland still had to implement the provisions of the 2019 Copyright in the Digital Single Market Directive into national law. This “explicit clarification” can be found in the text of the proposed implementation for both articles 3 and 4 of the CDSM directive.

Copyright Law 143

Copyright Law Copyright Law Government 143

Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. Perhaps most significantly, although many of the defendants’ barstools exhibit some similarity in the design of the seat and backrest, the bases of many of the barstools vary widely. Case Citation : Wang v. 24-cv-759 (N.D.

Patent 88

Patent Patent Troll Blogging Trademark 88

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S.

Copyright 55

Copyright Fair Use Copyright Law Editing 55

Technology & Marketing Law Blog

JANUARY 13, 2024

” The article didn’t mention that mandatory online age authentication is also unconstitutional. 5) As used in this subdivision, “facilitate, aid, or abet” means to deploy a system, design, feature, or affordance that is a substantial factor in causing minor users to be victims of commercial sexual exploitation.

Social Media 71

Social Media Reporting Designs Design 71

The TTABlog

MARCH 28, 2024

88935220 (March 26, 2024) [not precedential] (Opinion by Judge Wendy B. The Goods: Examining Attorney Rebecca Ruiz submitted website evidence of nine third-parties that offer both beer and soda under the same or very similar marks, along with an Internet article discussing multiple entities that offer both beer and soda. Welch 2024.

Registration 62

Registration Copying Trademark Branding 62

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. Marico Ltd. &

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

The IPKat

MAY 15, 2024

Here’s what Jack writes: Conference Report – Fashion Reborn: The Age of AI by Jack Cooper It was with great pleasure that I was able to attend Fashion Law London's latest event held on 13 May 2024 focusing on the impact which AI innovation is having within the Fashion industry.

Reporting 57

Reporting Branding Brands Branding 57

Kluwer Copyright Blog

DECEMBER 26, 2023

Although until now the CNRA did not explicitly define the nature of exceptions, the Bulgarian doctrine traditionally perceived norms protecting the public interest as imperative by design. 19 of the Directive was deferred until the 3rd of December 2024. The Parliament acknowledged that with the implementation of arts. 17(9) in fine.

Art 112

Art Music Publishing Law 112

LexBlog IP

JANUARY 25, 2023

Providers are matched with different and cumulative sets of obligations, commensurate with their role and significance within the digital services market. Impact Whilst the DSA is already in force, it shall not be directly applicable across the EU until 17 February 2024.

Social Media 52

Social Media Advertising Advertising Settlement 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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IP Copyright Trademark Intellectual Property 124

IP Tech Blog

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Social Media 52

Social Media Marketing Marketing Government 52

LexBlog IP

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Government 52

Government Designs Design Law 52

LexBlog IP

FEBRUARY 16, 2023

The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law. Only 27 articles remain unchanged.

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

The IPKat

APRIL 24, 2024

The author touches upon contemporary questions such as AI and ethics, digital literacy in the age of AI, the need for international standards and cooperation to protect consumers and for strengthened competition regulation to protect the market from the few already existing digital gatekeepers of AI.

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Government Technology Publishing Marketing 57