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Apple Defeats Copyright Lawsuit Over Emoji Depictions–Cub Club v. Apple

Technology & Marketing Law Blog

The court summarizes the case: Cub Club Investment created an app that allowed people to send racially diverse emoji. Both emoji sets obviously riff on the same theme, but that type of overlap is impossible to avoid in the emoji context. In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling.

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The SAD Scheme as an Institutional Failure

Technology & Marketing Law Blog

We consistently see SAD Scheme cases from rightsowners with dubious rights (Emoji, Smiley) and increasingly competitors are using the scheme to sideline their competitors during peak sales seasons. Emoji GmbH v. Schedule A Defendants My Declaration Identifying Emoji Co.

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Red Flags for Any Trademark Application ??????

Erik K Pelton

Because it’s related to social media, I only learned about it because of my children and my family, but a lot of posts about red flags use the red flag icon or emoji, and then warning signs about a particular topic. A topic we talk about a lot is the scammers and not being aware of them. Final red flag.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Trademarks Anna Maria Stein analyzed the decision of the Board of Appeal (BoA) of the EUIPO stating that the emoji communicating “I love you” cannot constitute a trade mark. IPKat understands your busy schedule and brings you a brief summary of what recently happened in the IP news in its weekly Never Too Late post.

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Are Individual Emoji Depictions Copyrightable? Yes…Well, Sometimes…It Depends…

Technology & Marketing Law Blog

Though it might surprise you, copyright can protect individual emoji depictions. This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter.

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A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post)

Technology & Marketing Law Blog

Emoji are a worldwide phenomenon in modern communication, and so unsurprisingly emoji cases are popping up in Germany as well. Hesitation to display emoji in opinions. Like courts around the globe, German courts are reluctant to depict emoji characters. Most decisions do not actually show the emoji they report on.

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What Does the “Water” Emoji Mean? Perhaps Not What You Think–US v Swanagan

Technology & Marketing Law Blog

[Just a reminder that there are no “off-limits” topics in Internet Law. Based in part on Facebook messages between two defendants that used the “water” emoji, law enforcement got wiretap court orders. The opinion doesn’t depict the “water” emoji, and it could mean a few different symbols.

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