Erik K Pelton

MARCH 14, 2022

The second tool is TESS , Trademark Electronic Search System (T-E-S-S acronym). TESS is a wealth of information, a gold mine, but it’s very challenging to search. Or you can search for competitor trademarks and see what they own, or see how they describe their goods and services, which can be useful in crafting a new application.

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Velocity of Content

FEBRUARY 20, 2024

In the first post in this series , we identified the value that data “in the gaps” can bring to an organization and how taking a deep search approach can help an organization overcome the challenges associated with finding and utilizing this data.

Licensing 98

Licensing Blogging Reporting Business 98

TorrentFreak

JANUARY 18, 2024

This first happened in November 2022, shortly before the criminal case was made public. Popular search engines help too, as these typically return the site’s active domain in search results. This suggests that the publishers are trying to make sure that the shadow library is hard to find through the search engine.

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Publishing Reporting Copyright Infringement Copyright 113

43(B)log

JANUARY 18, 2024

Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. Search costs theory no longer accurately describes the function of trademarks in this marketplace.

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Plagiarism Today

DECEMBER 1, 2022

In a recent Google SEO Office Hours video, Dan Nguyen, from Google’s search quality team, answered a pair of questions that directly addressed content that scraped and/or spun from other material. This is especially true in cases where, for one reason or another, Google doesn’t trust the original website. Bottom Line.

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Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner is hopping mad about the rival website’s internal search function, where customers can search for the trademark owner’s trademarks and get search results displaying the rival’s offerings.

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Technology & Marketing Law Blog

DECEMBER 10, 2022

I previously summarized this case: Dreamstime sells stock photos. The case survived two motions to dismiss ( 1 , 2 ), only to fall apart completely on summary judgment. These allegations fall short of alleging anticompetitive conduct in the online search advertising market. Dreamstime appealed its Sherman Act Sec.

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Plagiarism Today

JUNE 28, 2022

The judge in the case has dismissed the other allegations, but said there is not enough evidence at this time to make a determination about copyright infringement. As such, that portion of the case moves forward. 2: Supreme Court: File-Sharing Platform Must Block Search Terms to Stop Piracy.

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Copyright Infringement Television Plagiarism Copyright 180

IP Watchdog

FEBRUARY 16, 2024

Court of Appeals for the Federal Circuit rules that Meta will once again face a search engine patent lawsuit and also rebukes counsel for Comcast in a precedential Order regarding incorporation by reference; and a group of music publishers claim a chatbot was knowingly trained to produce copyright-protected lyrics.

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Patent Infringement Music Patent Publishing 59

TorrentFreak

APRIL 15, 2022

Launched in 2008, search engine DuckDuckGo is a go-to service for Internet users who value their privacy. At one point, Google even pointed users to DuckDuckGo when they searched for Pirate Bay proxies. The privacy-focused search engine is not immune to potential copyright issues, however. In this case, there are none.

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SpicyIP

MAY 30, 2023

Similarly though, the Trademarks Rules, under Rule 33 , states that Registrar may cause examination of the subject mark with the earlier trademarks registered or applied, is not clear on the type of searches that has to be undertaken by the Registry. Her area of interest lies in Constitutional law and IP laws. ]

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Erik K Pelton

JUNE 27, 2023

Others are searching that database for potential conflicts when they are coming up with names, when they’re filing applications, and examiners are searching it when they’re reviewing other people’s applications. The registration is bolstering your case in the event of such a dispute.

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Registration Branding Brands Branding 130

JD Supra Law

FEBRUARY 13, 2024

The Federal Circuit has affirmed a lower court decision that patent claims for methods and systems for improving how search results are displayed to users are patent-ineligible. The case is IBM Corp. Zillow Group, Inc. By: AEON Law

Patent 70

Patent Law 70

Patently-O

MARCH 11, 2024

. § 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items. search queries and search result selections) during that search session.

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Patent Application Advertising Advertising Patent 75

Michael Geist

OCTOBER 23, 2023

Second, the CAB wants to massively increase the platform revenues that are calculated as part of the minimum of 4% of search or social media revenues. In the case of Google, that would presumably expand beyond search revenues to also include Youtube, cloud computing, and other services that have nothing to do with news.

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Erik K Pelton

JUNE 20, 2023

Because the trademark process takes so long, it’s important and valuable to begin the steps in rebranding early, and the critical first steps are to search the new name or the preferred new name before doing anything else. The post Rebranding? Do these three things appeared first on Erik M Pelton & Associates, PLLC.

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Editing Branding Brands Branding 130

Technology & Marketing Law Blog

NOVEMBER 20, 2022

Defendant argues that Plaintiff’s name or likeness appearing in a string of search results on the same page as a paywall option does not create an unlawful advertisement. The website allows users to search for names in the database, but then seeks to charge once a user has exhausted their free credits. Case citation : Spindler v.

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Advertising Advertising Blogging Reporting 103

Erik K Pelton

APRIL 26, 2021

Do a preliminary search of major search engines and USPTO TESS database. Order a comprehensive search on the top name choice(s). Assess the search results (with lawyer). Case Study: Tricks of the Trademark(mark) – podcast episode. Check for domain name availability if that is important for your business.

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Branding Brands Branding Blogging 130

TorrentFreak

MAY 11, 2023

However, when the United States launched a criminal case against two alleged operators, everything changed. Despite these enforcement actions and the pending criminal case , the remaining Z-Library team has no plans to hide in the shadows. They sent Google a DMCA notice asking to remove it from search results, but that effort failed.

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Branding Brands Branding Reporting 109

JD Supra Law

FEBRUARY 1, 2024

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state law to control how the websites are displayed. Google LLC, Case No. Best Carpet Values, Inc. 22-15899 (9th Cir.

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Copyright Law Law Copyright Copying 77

TorrentFreak

MARCH 3, 2023

When people use search engines to find pirate sites or pirated content, the results they receive today represent a massively edited subset of what is actually out there. In response to DMCA notices sent by rightsholders, billions of URLs have already been removed from Google’s search results.

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IP Television Reporting Copyright 144

The IPKat

APRIL 18, 2023

Algorithms may, however, be too dynamic and cause legal problems, as the case discussed below shows. Google offers an advertising service called Dynamic Search Ads. As in the case of ‘traditional’ Google Ads, the ad appears above or on the right-hand side of the search results. It used Google’s Dynamic Search Ads.

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Advertising Advertising Contracts Registration 87

SpicyIP

AUGUST 20, 2023

Image from here Going Back to First Principles – A Nuanced Understanding of Infringement in Google v DRS Aditya Gupta Let’s say you’re using a search engine to look for luxury cars. You type in “Audi” in your search engine to start off your search for your dream car. DRS Logistics.

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Advertising Advertising Trademark Branding 97

TorrentFreak

MARCH 26, 2024

While the latter is not unimportant information, only the former can shine light on cases where IP addresses are blocked in error. After calls for transparency appeared to fall on deaf ears, transparency has been imposed on the Piracy Shield system thanks to a new, unofficial third-party system: Piracy Shield Search.

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IP Reporting Copyright 99

Velocity of Content

SEPTEMBER 22, 2022

More and more, the term deep search is being buzzed about in industries that rely on having the most up to date information– areas like life sciences, biotechnology, chemicals, and agriculture. . Q: In the context of business, how would you describe deep search solutions? . Curated databases are important but may not be enough.

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Invention Licensing Business Technology 98

TorrentFreak

NOVEMBER 30, 2021

While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that infringing sites show up in search results has become a source of frustration and Google has been asked to “do more” on several occasions. Google Removes Pirate Bay Domain.

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Copying Copyright Government IP 142

TorrentFreak

JULY 15, 2022

Last year, we noticed that Google had delisted several popular pirate sites from its search results in some countries. In response, Google removed thousands of URLs from its search engine in countries such as France, Norway, and the UK. In all cases, the domains were already blocked by ISPs following a court order. More Targets?

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Music Reporting Copyright Law 138

TorrentFreak

APRIL 25, 2023

However, that has started to become a problem as well recently, as 1337x’s search function is not functioning as it should. No Torrents After April 10 While they do exist, finding these recent torrents using direct searches seems to be a problem. While that may be the case, none of these sites are official.

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Copyright 134

Technology & Marketing Law Blog

JUNE 4, 2023

. “Information about the arrest was published on the Montgomery County Crimewatch website, and it was ‘picked up by GOOGLE’s search engine.'” Metroka sued Google pro se for the search results. The plaintiff alleged that Google published the search results. This court repeatedly cites the Kabbaj case.

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Law Publishing Technology Blogging 87

Patent Trademark Blog

FEBRUARY 1, 2023

An experienced trademark attorney knows how to do a knockout search for similar live trademarks in the USPTO trademark database. It’s not simply a matter of searching for exact marks (basic word mark search), which anyone can do. I prefer to delve deeper by using the Free Form search of TESS. BICYCLING).

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Trademark Due Diligence Blogging Settlement 98

TorrentFreak

MAY 28, 2023

Instead of the usual DMCA copyright notices, the music group asked the search engine to remove various URLs for alleged violations of the DMCA’s anti-circumvention provision. The delisting requests are supposed to make it harder for people to find ‘YouTube MP3 download’ sites in search results.

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Music Copyright Notice Copyright Reporting 140

Michael Geist

OCTOBER 13, 2023

The Google regulatory response is comprised of three sections: the economic and business case against Bill C-18, recommendations for regulatory reform, and proposals for legislative change. In other words, as with Meta, news may be valuable, but it has limited value to the platforms.

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Government Advertising Advertising Journalism 124

JD Supra Law

JANUARY 19, 2024

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a lawsuit involving two software patents directed toward enhancements to search result displays, finding that both patents claimed subject matter that is ineligible under 35 U.S.C. § Zillow Group, Inc., 22-1861 (Fed. dissenting).

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Patent 65

TorrentFreak

DECEMBER 1, 2023

Two years ago, Google started delisting the URLs of several popular pirate sites from its search results. Knowledge Panels These interventions don’t stop at simply removing the domains from the search index. One piece of advice was to use a search engine; this works indeed, unless it’s Google.

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Social Media Privacy Copyright 65

The IPKat

JULY 2, 2022

In relation to this, a notable discussion ensued during the negotiations has been that regarding the treatment of search engines. What is a search engine from the perspective of the safe harbour system: a caching provider, hosting provider, something else? And should search engines be governed by a specific safe harbour? [If

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JD Supra Law

DECEMBER 29, 2022

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. By: Weintraub Tobin

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Technology & Marketing Law Blog

AUGUST 24, 2021

I believe this case is now ready for a Ninth Circuit appeal, where anything could happen. ” One Latina plaintiff alleged that she got different search results than a Caucasian Facebook user when they conducted searches side-by-side. Case citation : Vargas v. Links to some of the other rulings in this case.

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