Ownership, Social Media and Trademark - Intellectual Property Pulse

2nd Circ. Vacates Social Media Ownership Order In Bridal Suit

IP Law 360

JANUARY 17, 2024

The Second Circuit partially revived a trademark suit on Wednesday against a "Say Yes to the Dress" bridal designer, vacating a lower court's order modification giving JLM Couture sole ownership of social media accounts created by the designer after finding ownership of the accounts wasn't properly assessed.

Social Media

Social Media Ownership Designs Design

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. What does a 200+ year old fox have to say about who owns social media accounts?). ” (Cite to Pierson v.

Social Media

Social Media Ownership Designs Design

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

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

Social Media

Social Media Ownership Branding Brands

IP rights for social media Influencers and content creators

IIPRD

NOVEMBER 22, 2023

Introduction What separates long-established print and electronic media from social media is that it comes along with a bunch of techniques for its usage. These are tools that shaped social media to be more significant than the long-established medias. Domain names are frequently acquired as trademarks.

Social Media

Social Media IP Intellectual Property Copying

Brand Owner Alert: New Social Media Platform Brings Opportunity and Potential Pitfalls

LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. Although social media activity is largely concentrated on a few major platforms, new networks have continued to pop up and compete for users. Acquiring social media handles that are owned by other people can be difficult (and sometimes expensive).

Social Media

Social Media Branding Brands Branding

Intellectual Property Protection for Content Creators & Social Media Influencers

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. How to Ensure Compliance with IP?

Social Media

Social Media Intellectual Property Registration Branding

Intellectual Property Rights for Social Media Influencers

IIPRD

AUGUST 4, 2022

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. One of the most significant methods to safeguard material on social media is through copyright. Trademarks.

Social Media

Social Media Intellectual Property Non-Fungible Tokens Music

An unprotected trademark is an unguarded asset

Erik K Pelton

MARCH 9, 2021

The following is an edited transcript of my video, What Are the Potential Costs of an Unprotected Trademark. So they not only had an unprotected trademark, they had skipped some critical steps in the brand protection process. Might they think you’re under new ownership once again? Second, there’s the cost of time.

Cease and Desist

Cease and Desist Trademark Social Media Branding

Improve trademark application odds with these 5 tips

Erik K Pelton

AUGUST 10, 2020

Over the years I’ve worked on thousands of trademark applications. First, I’ve reviewed thousands of trademark applications as an examine,r and now in private practice since 1999, I have filed many thousands of trademark applications for clients. I often refer to it as a long and winding road.

Trademark

Trademark Ownership Social Media Editing

Baseball Versus Roller Derby – Cleveland’s Battle for the Guardians Trademark

The IP Law Blog

NOVEMBER 12, 2021

As a result, it is seeking an injunction precluding the baseball team from using the trademark. According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name.

Trademark

Trademark Social Media IP Intellectual Property

Fortifying Your Brand: Dissuading Infringers through Trademark Registration

LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 6 This is the sixth in a series of posts about the benefits of having your trademark registered. A registered trademark serves as a deterrent to potential infringers. This ownership comes with exclusive rights to use the mark in connection with specific goods or services.

Branding

Branding Brands Branding Registration

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account. This was enough survive the motion to dismiss.

Copying

Copying False Advertising Social Media Advertising

Can You Copyright or Trademark a Logo Designed by AI?

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

Designs

Designs Design Trademark Copyright

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

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media

Social Media Contracts Ownership Business

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business

Business Contracts Branding Brands

Protecting Your Brand: How to Remove Counterfeits from X (formerly Twitter)

Corsearch

FEBRUARY 15, 2024

X (formerly Twitter) is one of the most popular social media platforms for businesses and individuals, with around 335 million monthly active users worldwide. Unfortunately, this global reach and accessibility to a large audience also attracts bad actors looking to exploit the popularity and features of social media platforms.

Branding

Branding Brands Branding Social Media

Valentine’s Day: Trademark Filings & Tips to Protect Your IP

Corsearch

FEBRUARY 14, 2023

Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. Can you trademark a holiday name? Can you trademark a holiday name? CUPID appeared in 481 trademarks registered in 2022.

Trademark

Trademark Non-Fungible Tokens IP Branding

Centering Artists’ Voices Within IP Discourse

IPilogue

MARCH 1, 2022

On the one hand, social media has enabled global sharing of news and creative media. However, it also brings new dimensions to copyright and trademark issues. Emily (E): What prompted you to protect TAF and trademark your brand? ” E: What were you looking for in your trademark lawyer?

Social Media

Social Media IP Business Branding

Baseball Versus Roller Derby – Cleveland’s Battle for the Guardians Trademark

LexBlog IP

NOVEMBER 12, 2021

As a result, it is seeking an injunction precluding the baseball team from using the trademark. According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name.

Trademark

Trademark Social Media IP Intellectual Property

Advent of AI Voice Generation and Threat to Personality Rights

IP and Legal Filings

MAY 17, 2024

Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

Personality Rights

Personality Rights Intellectual Property Social Media Intellectual Property Law

Metaverse: Fashion Trademark Battles to Watch

JIPEL Copyright Blog

MARCH 16, 2022

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles.

Trademark

Trademark Non-Fungible Tokens Branding Brands

Protection of Intellectual Property (IP) in the Metaverse

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

Intellectual Property

Intellectual Property IP Non-Fungible Tokens Branding

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?

Blogging

Blogging Social Media Television Fair Use

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

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.

Social Media

Social Media Ownership Marketing Marketing

Around the IP Blogs

The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., disputes between domain names and trademarks).

Blogging

Blogging IP Non-Fungible Tokens Cease and Desist

IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Can other IP rights like trademarks play a role in protecting NFTs?

IP

IP Ownership Non-Fungible Tokens Copyright Law

Food, Fights, and the Butter Chicken: Some More Thoughts on “The Mystery of the Real Master Chef”

SpicyIP

JANUARY 31, 2024

This post attempts to make sense of the media frenzy surrounding the issue, emphasizing its widespread misdescriptions. Plus, it tries to outline possibilities based on information available from the Trademark Registry, media sources, and the court order. One can see the discrepancies when comparing media reports with the order.

Inventor

Inventor Ownership Reporting Registration

Cybersquatting Web3 Domain Names

Traverse Legal Blog

APRIL 19, 2022

What happens when someone registers your trademark or personal name on these web3 extensions? Let’s talk about trademark protection and domain names. If you are a brand or trademark attorney, you may already know about cybersquatting. How to Protect Your Trademark from Web3 Cyberquattting. Watch video one below.

Branding

Branding Brands Branding Trademark

SpicyIP Weekly Review (August 16 – 22)

SpicyIP

AUGUST 22, 2021

Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue. News from India.

Personality Rights

Personality Rights Reporting Social Media Branding

NFTs and Copyright

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Jack Dorsey, the CEO of famous social media platform twitter sold an NFT of his first tweet for $2.5 Although in principle, a NFT of a trademark or any work in public domain can be created. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Ownership Social Media

Non-Fungible Tokens (NFT) and Copyright

Biswajit Sarkar Copyright Blog

MAY 30, 2022

Jack Dorsey, the CEO of famous social media platform twitter sold an NFT of his first tweet for $2.5 Although in principle, a NFT of a trademark or any work in public domain can be created. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Ownership Social Media

using an ITU to get non-Amazon platforms to take down competitors

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Jones is “a social media influencer, media personality, and celebrity gossip blogger.”

False Advertising

False Advertising Trademark Registration Advertising

War of the Wordles: Did the New York Times Go Too Far?

Copyright Lately

MARCH 13, 2024

At a Loss for Wordles In recent days, numerous developers targeted by the Times’s DMCA notice have taken to social media to report that their own Reactle-built games have been shut down. Let me know what you think in the comments below or via five-letter words @copyrightlately on social media. Wordle’s U.S.

Social Media

Social Media Copyright Registration Copying

LimeWire Founder “Not Thrilled” That ‘Strangers’ Exploit the Brand for NFT Marketplace

TorrentFreak

MARCH 16, 2022

In a world that’s dominated by viral social media posts and catchy headlines, branding is everything. The original trademarks have expired and the NFT website uses a new logo, so they can use the brand. Controversial statements and recognizable names are a great way to gain visibility. This attention can then be monetized.

Branding

Branding Brands Branding Due Diligence

Protecting Your Brand: How to Remove Counterfeits from Alibaba

Corsearch

SEPTEMBER 28, 2023

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba.

Branding

Branding Brands Branding Intellectual Property

Protection Of Advertisement Campaign- An Analysis

IP and Legal Filings

MARCH 15, 2023

Social media propaganda has gained roots and therefore it has become important for business corporations to preserve their innovations in order to secure the distinctiveness of the products. Advertisements are for public display and therefore, claiming the ownership is a debatable question in the domain of intellectual property.

Advertising

Advertising Advertising Intellectual Property Social Media

Takeaways from the Hermès Litigation over MetaBirkins NFTs

LexBlog IP

MARCH 9, 2023

In the lawsuit, Hermès alleged that defendant Mason Rothschild’s MetaBirkins NFTs infringed and diluted Hermès’ trademark rights in the Birkin word mark and design. 1989) and provides strong protection to uses of trademarks that implicate freedom of speech issue. Grimaldi , 875 F.2d 2d 994 (2d Cir.

Litigation

Litigation Artistic Work Branding Brands

competitor's alleged hijacking of Facebook page could violate 43(a)

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media

Social Media Advertising Advertising Business

DMCA Scammers Exploit Sites Linked to Mental Health Issues to Boost SEO

TorrentFreak

OCTOBER 4, 2022

According to its website, I New Media offers Search Engine Optimization (SEO) services, as many companies do. However, we were surprised to learn that the company is also receiving backlinks from sites that appear to credit them for ownership of images they do not hold the rights to. – GetSocialGuide.com.

Social Media

Social Media Copyright Infringement Copyright Copying

SpicyIP Weekly Review (October 2- October 8)

SpicyIP

OCTOBER 9, 2023

Read on to know their thoughts on the controversy, questions around ownership of the work and copyrightability of business model and more! Florida based X Social Media sues Elon Musk for Trademark infringement. International IP Developments Sri Lanka to establish a new “Commercial High Court ”.

Social Media

Social Media IP Government Copyright

A Deeper Look into the Humans of Bombay and People of India Fiasco

SpicyIP

OCTOBER 6, 2023

The Delhi High Court recently in Humans of Bombay v People of India granted an interim relief to ‘Humans of Bombay’ (HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the stories and thus creating an imitative platform.

Ownership

Ownership Business Copyright Copyright Infringement

Global Digital Encounter 21: The Metaverse as a Challenge to Classical IP

Kluwer Copyright Blog

JULY 5, 2022

According to Dr Guadamuz, the main metaverse companies can be divided into three groups: (1) games companies and social media giants (creating private metaverses that are closed and wall guarded); (2) open metaverse developers (providing open-source decentralised standards); and (3) independent developers with some basic funding (e.g.,

Ownership

Ownership IP Non-Fungible Tokens Intellectual Property

IP Protection of NFTs: A Comparative Look at the US and China

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Can other IP rights like trademarks play a role in protecting NFTs?

IP

IP Ownership Non-Fungible Tokens Copyright Law

Principal Cynthia Walden and Associate Sarah Kelleher Author World Intellectual Property Review Article “Selling the Intangible in Fashion: What Does It Mean for Trademark Protection?”

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

Principal Cynthia Walden and Associate Sarah Kelleher discuss the non-fungible token (NFT) trend across the fashion industry and what this digital arena means for trademark protection and enforcement. Selling the Intangible in Fashion: What Does it Mean for Trademark Protection? PDF copy available. To File or Not to File.

Non-Fungible Tokens

Non-Fungible Tokens Intellectual Property Trademark Branding

2nd Circ. Vacates Social Media Ownership Order In Bridal Suit

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

Trending Sources

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

IP rights for social media Influencers and content creators

Brand Owner Alert: New Social Media Platform Brings Opportunity and Potential Pitfalls

Intellectual Property Protection for Content Creators & Social Media Influencers

Intellectual Property Rights for Social Media Influencers

An unprotected trademark is an unguarded asset

Improve trademark application odds with these 5 tips

Baseball Versus Roller Derby – Cleveland’s Battle for the Guardians Trademark

Fortifying Your Brand: Dissuading Infringers through Trademark Registration

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

Can You Copyright or Trademark a Logo Designed by AI?

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

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

Protecting Your Brand: How to Remove Counterfeits from X (formerly Twitter)

Valentine’s Day: Trademark Filings & Tips to Protect Your IP

Centering Artists’ Voices Within IP Discourse

Baseball Versus Roller Derby – Cleveland’s Battle for the Guardians Trademark

Advent of AI Voice Generation and Threat to Personality Rights

Metaverse: Fashion Trademark Battles to Watch

Protection of Intellectual Property (IP) in the Metaverse

Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

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

Around the IP Blogs

IP Protection of NFTs: A Comparative Look at the US and China

Food, Fights, and the Butter Chicken: Some More Thoughts on “The Mystery of the Real Master Chef”

Cybersquatting Web3 Domain Names

SpicyIP Weekly Review (August 16 – 22)

NFTs and Copyright

Non-Fungible Tokens (NFT) and Copyright

using an ITU to get non-Amazon platforms to take down competitors

War of the Wordles: Did the New York Times Go Too Far?

LimeWire Founder “Not Thrilled” That ‘Strangers’ Exploit the Brand for NFT Marketplace

Protecting Your Brand: How to Remove Counterfeits from Alibaba

Protection Of Advertisement Campaign- An Analysis

Takeaways from the Hermès Litigation over MetaBirkins NFTs

competitor's alleged hijacking of Facebook page could violate 43(a)

DMCA Scammers Exploit Sites Linked to Mental Health Issues to Boost SEO

SpicyIP Weekly Review (October 2- October 8)

A Deeper Look into the Humans of Bombay and People of India Fiasco

Global Digital Encounter 21: The Metaverse as a Challenge to Classical IP

IP Protection of NFTs: A Comparative Look at the US and China

Principal Cynthia Walden and Associate Sarah Kelleher Author World Intellectual Property Review Article “Selling the Intangible in Fashion: What Does It Mean for Trademark Protection?”

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