The TTABlog

JUNE 22, 2023

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P.

Trademark 52

Trademark Trademark Law Fair Use Blogging 52

SpicyIP

FEBRUARY 27, 2024

Then, Arundathi Venkataraman discussed the topic using the case of Garcia v. As Yogesh Byadwal’s most recent post on this topic made me think. Intrigued, I parsed the past posts to understand how the discussion on this topic has evolved over the years. Well … not really! Statutory Law.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Biswajit Sarkar Copyright Blog

JANUARY 28, 2021

Over time Cosplay has become increasingly popular among people, resulting in cosplayers earning large sums of money from endorsements and as social media influencers. The discussion on this topic area part of Japan’s “Cool Japan” Strategy which is being led by Japan’s IP Strategy Headquarters.

Copyright 52

Copyright Social Media Government Blogging 52

Biswajit Sarkar Copyright Blog

JANUARY 28, 2021

Over time Cosplay has become increasingly popular among people, resulting in cosplayers earning large sums of money from endorsements and as social media influencers. The discussion on this topic area part of Japan’s “Cool Japan” Strategy which is being led by Japan’s IP Strategy Headquarters.

Copyright 52

Copyright Social Media Government Blogging 52

TorrentFreak

JULY 27, 2023

It’s a fairly sensitive topic, to put it mildly. Both had obvious topic tags and were very easy to find from the beginning. The commitment doesn’t imply that GitHub endorses a developer’s work, but the company does believe that coders should have the freedom to tinker.

Intellectual Property 95

Intellectual Property Publishing Copyright Reporting 95

Technology & Marketing Law Blog

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. Epic Games Videogame Can Replicate Musician’s “Signature Move” (Unless It’s a False Endorsement, Which It Isn’t)–Pellegrino v. Previous blog post. The Ninth Circuit reverses.

Copyright 75

Copyright Blogging Music Copying 75

LexBlog IP

AUGUST 26, 2022

Vice President of CARU Mamie Kresses explained that this warning “puts advertisers, brands, influencers and endorsers, developers, and others on notice that CARU’s Advertising Guidelines apply to advertising in the metaverse and that BBB National Programs’ CARU will strictly enforce its Guidelines against metaverse advertising.”

Advertising 52

Advertising Advertising Social Media Branding 52

Technology & Marketing Law Blog

JANUARY 2, 2023

Topics of conversation ranged from innocuous to serious, encompassing posts about parents discussing their own children, snow days and school closures, the school calendar, criticisms and concerns regarding District employees, and allegations that a District principal threatened a student.

Trademark 83

Trademark Social Media Registering Trademarks Intellectual Property 83

SpicyIP

APRIL 24, 2022

If we were talented enough, we could’ve perhaps tried to create it as a play-script, but as you’ll see, it is more just an imagined conversation, where we also take ‘creative liberties’ in inserting connected readings, and jumping between topics.

IP 131

IP Invention Intellectual Property Law 131

Trademark and Copyright Law Blog

AUGUST 27, 2021

Topics to Be Discussed. Advertising claims, endorsements, and disclosures in the social media context. Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising. Risky use of third-party content.

Social Media 40

Social Media Intellectual Property Advertising Advertising 40

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IPilogue

DECEMBER 2, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. Notwithstanding the improvements to standardization and transparency, the implementation of the CPATA regulations was not happily endorsed by all.

Government 111

Government Trademark Patent Intellectual Property Law 111

Nelligan Law

FEBRUARY 23, 2022

Recognizing that junk science did not meet the threshold for admissibility, Justice Godbout noted that the father’s “anecdotal research on such a highly specialized topic carries little to no weight in the overall analysis when measured against the sound medical advice of our public health officials.”[2]

Social Media 136

Social Media Government Law Litigation 136

SpicyIP

OCTOBER 19, 2023

Basheer endorsed the point about testing patent agents on foundational legal subjects since a good part of patent prosecution will involve “legal” aspects, without requiring them to have a law degree to take the exam. The topic was particularly pondered in a post called “ Is “Science” Essential for Creating Patent Lawyers ?”

Patent Prosecution 59

Patent Prosecution Reporting Blogging Patent 59

TorrentFreak

FEBRUARY 25, 2023

While the language dances around the topic, it’s fairly obvious what the report is driving at. They should be mindful that endorsing internet search and VPN use for unauthorized access could create gateways to other forms of piracy.” ” These suggestions are completely reasonable but let’s turn this around.

Reporting 126

Reporting IP Plagiarism Copyright 126

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. This is more the case considering that the ToR stresses that since “ this is a technical working group, participants are not being asked to endorse outputs personally, or on behalf of the businesses or organisations they represent or are affiliated to”.

Copyright Law 60

Copyright Law Copyright Law Music 60

Patently-O

FEBRUARY 27, 2024

This new guidance avoids that topic and instead instructs examiners on how to marshal their evidence to establish a prima facie case of obviousness. Still, Netflix is useful for patent examiners because it allows for broad “general” fields of endeavor and does not require substantial explanation of their linkage. Qualcomm Inc.,

Art 120

Art Invention Patent Application Patent 120

Technology & Marketing Law Blog

JULY 18, 2023

Until recently, the Sixth Circuit was the most prominent court that endorsed this approach. But the SG did not endorse the Seventh Circuit’s approach either or offer a comprehensive test of its own to decide the degree to which contracts can regulate the use of information goods.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

LexBlog IP

APRIL 13, 2023

Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive endorsement practices.

Advertising 52

Advertising Advertising Litigation Marketing 52

Velocity of Content

DECEMBER 9, 2021

UKRI’s stakeholder consultation found that two thirds of respondents endorsed the policy’s support for both gold and green routes. It also echoes Plan S in its endorsement of transformative (or transitional) agreements, and the rejection of hybrid open access charges outside of these agreements. 3) Monographs, finally!

Journalism 98

Journalism Publishing Licensing Editing 98

IP and Legal Filings

MARCH 6, 2023

Doping in competitive sports is a controversial topic since it undermines fair play and sportsmanship at its core. The National Anti-Doping Agency was founded by the Ministry of Youth Affairs and Sports to carry out the ICADS’s requirements after India also endorsed it in 2007.

Law 80

Law Government IP 80

The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? Background In 2016, Verstappen featured in a TV commercial for Dutch supermarket chain Jumbo.

Law 70

Law Copyright Law Advertising Advertising 70

SpicyIP

JANUARY 17, 2022

Since the topic requires a full-fledged research paper with detailed arguments, the post only touches upon the constitutional and international law aspects to show that there is a strong logico-legal case worth investigating, for the R2R in India.) . Thanks to Akshat Agrawal for his comments on the draft.

Copyright Law 119

Copyright Law Copyright Law Art 119

The IPKat

JUNE 3, 2022

Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. Let’s see how the AG reasoned. This said, I am not entirely persuaded about the relevance of the platform user’s perception to the determination of whether there is “use”.

Marketing 52

Marketing Marketing Advertising Advertising 52

Kluwer Copyright Blog

APRIL 26, 2022

paras 85-86] (This topic and its implications will be the subject of a separate blogpost.). However, reading this judgment side-by-side with the AG Opinion, it is likely that the Court endorses the AG’s rejection of the permissibility of filtering of “earmarked” content that is not also “manifestly infringing”.

Intellectual Property 99

Intellectual Property Law Designs Design 99

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

Technology & Marketing Law Blog

MAY 2, 2022

The Supreme Court in Van Buren endorsed this approach. The Ninth Circuit has previously said that a “violation of the terms of use of a website—without more—cannot establish liability under the CFAA” (Power Ventures), and the court endorses this language. Comments from Kieran McCarthy.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

The IPKat

DECEMBER 28, 2021

It may be that users will therefore be reasonably happy to continue with ViCo proceedings, despite the EBA's luke-warm endorsement. A referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence ( Case Law of the Boards of Appeal, I-D-4.6 ).

Invention 67

Invention Publishing Patent Law 67

Technology & Marketing Law Blog

FEBRUARY 27, 2024

” Instead, the court endorses that regulated social media enterprises are publishers: the First Amendment implications of the Act come into focus when social media operators are thought of as publishers of opinion work—a newspaper limited to “Letters to the Editor,” or a publisher of a series of essays by different authors. [The

Social Media 80

Social Media Law Contracts Publishing 80

Technology & Marketing Law Blog

FEBRUARY 15, 2023

These choices constitute “editorial judgments” which are protected by the First Amendment… the Hateful Conduct Law requires social media networks to disseminate a message about the definition of “hateful conduct” or hate speech—a fraught and heavily debated topic today. Florida Attorney General Case citation : Volokh v.

Social Media 64

Social Media Law Publishing Blogging 64

Velocity of Content

AUGUST 24, 2023

In addition to such self-governing collaborative efforts, international policymakers such as the G20/G7 and the OECD committee for scientific and technological policy have publicly endorsed the implementation of FAIR principles. Speakers will address critical topics such as: The vital importance of FAIR data in strategic AI initiatives.

Journalism 98

Journalism Technology Government Publishing 98

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Here are the most popular posts over the past few months. While the number of new European Patent Applications per year increased by about 10%, i.e

Blogging 64

Blogging Law IP Copyright 64

Velocity of Content

JUNE 14, 2022

to endorse products . Which topics are being researched at a specific institution? . The following are some of the reasons for this need: . to speak on their behalf about their products at conferences and educational events. to collaborate and form research partnerships. to identify candidates for hiring. Who is working with whom?

Business 52

Business Copyright 52

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Here are the most popular posts over the past few months. But in a letter sent two days ago, the EPO refutes most of the IPQC’s quality concerns. ”

Blogging 52

Blogging Law IP Fair Use 52

Kluwer Copyright Blog

JULY 7, 2022

An agreement was reached in April 2022 between the European Parliament and EU Member States on the Digital Services Act, which was followed by an endorsement by the Parliament’s Internal Market Committee later in June 2022 and (although strictly not in this second trimester) the final text was approved on 5 July.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143