Blog, Marketing, Privacy and Trademark Law - Intellectual Property Pulse

Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

Registration

Registration Blogging Trademark Privacy

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases.

Registration

Registration Trademark Blogging Law

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. The contributory trademark infringement claim survives a motion to dismiss. Meta Platforms, Inc.

Trademark

Trademark Contracts Blogging Fair Use

Moment Marketing and its legal implications

Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new.

Marketing

Marketing Marketing Social Media Personality Rights

[Sponsored] Faculty at UNH Franklin Pierce On Emerging Spheres of IP law.

SpicyIP

OCTOBER 11, 2022

Q: What do you think is an emerging field or topic in IP law that future lawyers should focus on? Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). These Technology Marketplaces raise a variety of concerns including privacy and antitrust.

IP

IP Law Intellectual Property Privacy

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

Intellectual Property

Intellectual Property Trademark Marketing Marketing

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media

Social Media Ownership Designs Design

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM. Teamsters Loc.

Social Media

Social Media Ownership Branding Brands

Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights

Personality Rights Privacy Social Media Intellectual Property

2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP

IP Intellectual Property Social Media Cease and Desist

Who Owns Social Media Accounts?–In re Bang Energy Drinks

Technology & Marketing Law Blog

MAY 30, 2023

The employee-protection social media laws have mostly faded from memory, but they did not resolve when a social media account was the employer’s or employee’s. A decade late, we are still waiting for the case law to answer that question. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.); Christou v.

Social Media

Social Media Ownership Marketing Marketing

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 28, 2022

Our first post on this topic, blogging the dispute over the @OMGFacts Twitter account , was over ten years ago!) We’ve blogged about state laws directed at ownership of (and privacy regarding) employee social media accounts. The Spectacular Failure of Employee Social Media Privacy Laws. Christou v.

Social Media

Social Media Ownership Contracts Privacy

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. Trademark owners will weaponize that ambiguity. The Lanham Act doesn’t preempt state trademark laws, so this law isn’t likely to preempt any state law equivalents. Who Cares About Privacy? The SHOP SAFE Act doubles down on privacy invasions in two ways.

Trademark

Trademark False Advertising Advertising Advertising

Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. This unauthorized usage may also give rise to breaches of confidence or violations of privacy.

Intellectual Property

Intellectual Property Registration Trademark Personality Rights

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

Advertising

Advertising Advertising Trademark Settlement

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

MARCH 10, 2022

It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. What about employee social media laws? Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. Social Media and Trademark Law” Talk Notes.

Social Media

Social Media Contracts Ownership Business

Publicity Rights: An analysis of Amitabh Bachchan V. Rajat Nagi & Ors.

Intepat

MAY 16, 2023

Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec.

Branding

Branding Brands Branding Personality Rights

A Look Back at India’s Top IP Developments of 2021

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. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP

IP Intellectual Property Copyright Trademark

Intellectual Property Pulse

Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Trending Sources

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Moment Marketing and its legal implications

[Sponsored] Faculty at UNH Franklin Pierce On Emerging Spheres of IP law.

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

2023 IP Resolutions Start with a Review of IP Assets

Who Owns Social Media Accounts?–In re Bang Energy Drinks

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Safeguarding Personal Names

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Publicity Rights: An analysis of Amitabh Bachchan V. Rajat Nagi & Ors.

A Look Back at India’s Top IP Developments of 2021

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