The TTABlog

JANUARY 24, 2022

The Board noted that the issues at hand, genericness and acquired distinctiveness, are interrelated in that third-party use of the same or a similar design affects each determination. C]ourts exercise particular caution when extending protection to product designs because such claims present an acute risk of stifling competition."

Designs 52

Designs Design Registration Music 52

Intepat

JUNE 19, 2023

It may be because the owner has enough capabilities for carrying out the marketing themselves, or does not have enough resources for entering into a partnership for the same or simply because the owner is hesitant to share their data with third parties.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

JANUARY 15, 2024

J]ust as a subpoena demanding notes from an editorial board meeting would risk chilling a newspaper’s editorial rights,” Meta argues, so too does the subpoena here threaten its “exercise of editorial control.” The Resort’s own website and its pages on third-party travel websites are “on the internet for all the world to see.”

Social Media 64

Social Media Advertising Advertising Publishing 64

Technology & Marketing Law Blog

JANUARY 2, 2023

” The statute defines merchants as any retailers (not just restaurants), so this statute seems to give all retailers categorical control over third-party pickup/delivery services? . Compare Left Field Holdings v. Google LLC, 2022 WL 17072948 (N.D. Enchante Accessories, Inc. Turko Textiles, LLC, 2022 WL 5177808 (S.D.N.Y.

Trademark 83

Trademark Social Media Registering Trademarks Intellectual Property 83

TorrentFreak

OCTOBER 21, 2022

The two parties negotiated a licensing deal to distribute a TV program in Serbia and Montenegro. “It is the users themselves who circumvent this blocking by accessing the above programs, without the intervention of third parties,” Szpunar writes. Dr. Eleonora Rosati’s IPKitten article on the topic.

Copyright Infringement 115

Copyright Infringement Copyright Licensing Privacy 115

Trademark and Copyright Law Blog

AUGUST 27, 2021

But, like so much else in our connected age, these opportunities come with a host of risks ranging from minor public relations blips to unpleasant regulatory run-ins with government agencies, and from DMCA takedowns to right of publicity lawsuits. Topics to Be Discussed. Risky use of third-party content.

Social Media 40

Social Media Intellectual Property Advertising Advertising 40

Technology & Marketing Law Blog

MAY 17, 2022

Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). 15 years ago, one of the buzziest cyberlaw topics was ownership of assets in virtual worlds, like property acquisitions in Second Life. The court distinguishes the Coffee v. ” UCL. Doe lost money.

Contracts 122

Contracts Publishing Licensing Editing 122

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them.

Reporting 128

Reporting Law Due Diligence Branding 128

The IPKat

AUGUST 1, 2022

26 format runs the risk of adding matter and creating legal uncertainty for years. WIPO sequence therefore not only saves time but reduces the risk of copy and paste errors. As an alternative to downloading the XML file, a third party will be able to use this tool to view one or more sequences from the sequence listing.

Patent Application 82

Patent Application Patent Copying Publishing 82

Michael Geist

SEPTEMBER 21, 2022

Indeed, the emergence of Amazon as the third largest digital ad platform and the growth of others (soon including Netflix) highlight the tenuous connection between news and digital advertising trends. . Facebook hasn’t posted the full article, only a link posted by one of its users, sending interested parties to the original source.

Government 94

Government Journalism Advertising Advertising 94

The IPKat

DECEMBER 11, 2023

The book’s central aim is to argue for what could be considered a “third way forward” for proportionality in European patent law. It presents a proportionality test that would apply in three sets of cases: overreach, abuse, and infringement of third-party rights. here , at 792]. Participation is free of charge.

Patent Law 70

Patent Law Law Patent Invention 70

LexBlog IP

JANUARY 30, 2024

Guiding Principles The White Paper sets out four guiding principles to inform global regulatory and industry approaches: “Reuse and repurpose” : the first guiding principle emphasizes the importance of making the best use of existing tools, techniques and frameworks to address quantum-enabled cybersecurity risks.

Technology 52

Technology Publishing Business Reporting 52

The IPKat

JUNE 13, 2022

The terms and conditions of the market platform are important and determine the ownership of rights in the NFT as well as who bears the risks (usually not the platform) and who receives what remuneration. Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8. More on this next.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

LexBlog IP

FEBRUARY 7, 2023

According to the plaintiff, there was a third party hacking incident at the defendant company, Fastway Couriers, in February 2021, in which the personal data of over 450,000 individuals’ data was allegedly compromised. Cunniam v Fastway Couriers Dublin Circuit Court Record No.

Technology 52

Technology Intellectual Property 52

The IPKat

DECEMBER 31, 2021

If the inventor has disclosed their invention during the grace period, then further disclosures by third parties also don't constitute prior art ( AIA 35 U.S.C. Back in 2019, Jeremy Corbyn's labour party pounced on a leaked dossier from the UK-US Trade & Investment Working Group. 102(b)(1)(A) ). 102(b)(1)(B) ).

Patent 131

Patent Inventor Patent Application Art 131

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II 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. Scenario (4): Third party content.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Technology & Marketing Law Blog

AUGUST 2, 2022

It hurts the kids by depriving them of valuable social outlets and educational resources; it hurts adults by requiring age (and likely identity) verification to sort the kids from adults; and the age/identity verification hurts both kids and adults by exposing them to greater privacy and security risks. The answer: it can’t.

Social Media 85

Social Media Privacy Designs Design 85

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. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

Patently-O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. Guest Post by Jordan Duenckel. He has an extensive background in chemistry, food science, and viticulture.

Art 48

Art Business Patent Settlement 48

LexBlog IP

MAY 2, 2023

Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). This Guidance covers some important topics. ” AI RMF 1.0

Government 52

Government Business Copyright Licensing 52

The IPKat

JULY 7, 2023

Different uses can be made of it, but it is necessary to take into account the policies concerning third party participants and data protection, and the impact of AI on the relationship between companies and their clients. The final remark of the panel evaluated the different approaches that jurisdictions are taking to regulate AI.

Reporting 86

Reporting Music IP Intellectual Property 86

The IPKat

OCTOBER 2, 2023

LLM are undeniably very good at providing generic text on a topic for which the internet provides extensive guidance, and for which a deep understanding of complex specialist technical issues is not required. Are LLMs a risk to patent quality?

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

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. Jisc will consult further on the topic, leaving open the possibility of UKRI taking a different approach to most other cOAlition S funders. 3) Monographs, finally! 4) The uphill road to rights retention.

Journalism 98

Journalism Publishing Licensing Editing 98

The IPKat

OCTOBER 9, 2021

A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). According to this provision, the BPatG informs the parties about the aspects which will presumably be of particular significance in respect of its decision. The AmeriKat enjoying the slower paced validity track.

Reporting 57

Reporting Patent Intellectual Property Litigation 57

The IPKat

DECEMBER 29, 2022

The latter has held the position for four years and writes: " The students that select this module often have very specific reasons, they have their own app, they post their music online, they have a start-up idea, they want to fight counterfeit drugs or understand the value of luxury brands or the IP related risks on social media platforms.

Non-Fungible Tokens 67

Non-Fungible Tokens Intellectual Property Management Social Media Intellectual Property 67

Herbert Smith Freehills

AUGUST 2, 2022

Given the state of the modern workplace, most corporations now have an environment in which millions of documents are stored in dynamic formats in the cloud or third-party systems. This allows for a more tailored retention policy that helps mitigate the risks and costs associated with long-term data storage practices.

Editing 52

Editing Privacy Business Technology 52

The IPKat

SEPTEMBER 12, 2021

The global litigation Both parties have a number of patents covering the CGM devices. This UK action is one of a number of actions that have recently been started by the parties globally. This followed the end of the parties peace agreement provided for by a settlement agreement following the last bout of litigation.

Litigation 98

Litigation Patent Marketing Marketing 98

Kashishipr

AUGUST 17, 2022

In the ongoing digital era, social media is gaining more publicity with each passing day, thereby putting content creators and social media influencers at risk of legal concerns about Intellectual Property Rights (IPRs). As per a report, influencer marketing investment is expected to reach $15 billion in 2022.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Michael Geist

APRIL 6, 2022

In Bill C-18, the government flips that on its head by holding that the party enabling the referral must pay for the privilege of doing so. And they both require some act on the part of a third party before he or she gains access to the content. Now that Bill C-18 is available, it is even worse that expected.

Government 98

Government Business Journalism Marketing 98

Plagiarism Today

NOVEMBER 22, 2022

However, there is a major risk there that is easy to overlook and the risk comes from copyright law. It is the third and the fourth that are the most commonly overlooked obstacles. How Big is the Risk? There’s no easy way to know how big the risk is. Also, certain topics are riskier than others. Bottom Line.

Copyright 274

Copyright Social Media Designs Design 274

IP Whiteboard

OCTOBER 15, 2020

We have written more about this topic here: [link]. Parties wishing to submit views can do so by email to AIcallforviews@ipo.gov.uk. The ever-increasing use and fundamental impact of AI means we are at a critical cross-roads where IP laws must keep pace or risk not being fit for purpose, or worse, inhibiting the digital future.

IP 40

IP Intellectual Property Invention Copyright 40

Kluwer Copyright Blog

MARCH 14, 2022

Lacking relevant solutions in international treaties and with the general topic still being debated in international fora , the UK is one of few national jurisdictions that have already provided for CGW protection. A third alternative: the related rights approach.

IP 60

IP Public Domain Copyright Intellectual Property 60

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely. If not, then the parties stipulated that the defense wins.

Publishing 97

Publishing Social Media Blogging Law 97

Copyright Lately

OCTOBER 24, 2022

The parties ultimately settled the case before trial. As I discuss below, using AI tools to create deliberate knockoffs carries major risks and it’s bad karma to boot. AI-generated art is a controversial topic, and as always, I’d love to hear your thoughts. AI-Generated Art to the Rescue?

Artwork 88

Artwork Copyright Infringement Copyright Art 88

Traverse Legal Blog

APRIL 17, 2021

You have been reading about them all over the news, they’re the hottest topic in tech right now, especially in the blockchain space. You cannot use the art for your purchased NFT or included NFT to advertise, market, or sell any third-party product. Blockchain and blockchain technology is in the spotlight right now.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Velocity of Content

FEBRUARY 22, 2023

The relevance of a search depends highly on having access to the data sources used by your organization. This is done using enabled vocabularies including MeSH, ChEMBL, and SciBite VOCabs.

Branding 98

Branding Brands Branding Licensing 98

43(B)log

FEBRUARY 24, 2021

One click away is likely low risk of regulatory enforcement, but ensure disclosures travel across platforms and ensure consistency in disclosures in multiple places and/or media: that was at issue in recent self-regulatory competitor challenges. Third party organizations also complain: PETA for animals, MADD for alcohol, other rights groups.

Advertising 40

Advertising Advertising Law Privacy 40