Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. dispute back in the Ninth Circuit in 2016. The service that Power Ventures sold was a platform to manage multiple social media platforms together.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

The TTABlog

APRIL 28, 2022

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims.

Designs 68

Designs Design Social Media Registration 68

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. ” Given the clarity, there’s no real need to highlight why a tool designed to circumvent DRM and make unlicensed copies likely falls foul of the above, even given the existence of a lengthy disclaimer.

Copying 116

Copying Social Media Licensing Technology 116

Kluwer Copyright Blog

NOVEMBER 4, 2021

Social media (aka Facebook) were not a part of the conversation. This raises the question: does the press publishers’ right apply to social media? While social media were not explicitly singled out, they seem to comfortably fall within the ISSP definition. Do social media make content available?

Social Media 142

Social Media Publishing Art Copying 142

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). As a practical matter, the answer is certainly yes; an open system is built into the design of the internet.

Blogging 95

Blogging Copying Social Media Copyright 95

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” But the app was not updated after 2016 and was removed from WCT’s website. The court grants summary judgment on lack of likely confusion.

Marketing 59

Marketing Marketing Trademark Branding 59

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). That’s not what the statute is designed to prevent.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 93

Fair Use Licensing Copying Artwork 93

LexBlog IP

OCTOBER 25, 2023

But Lady Gaga is nonetheless a creation: After dropping out, she began transforming herself from Germanotta into Lady Gaga, whose style combined glam rock and over-the-top fashion design. Now social media has allowed for PSRs with reality TV celebrities, Instagram influencers, and the like.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

FEBRUARY 24, 2024

Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. Other examples: design patent, as Sarah Burstein has writte n. NYU Press, 2016). The judge isn’t hearing that they’re not counterfeiters. Flattened the TM world.

Fair Use 45

Fair Use Branding Brands Branding 45

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. Alpha Phi Omega , 118 USPQ2d 1289, 1298 (TTAB 2016) (quoting 15 U.S.C. § Spotify AB , 2022 USPQ2D 37 at *13–14. Spotify AB , 2022 USPQ2D 37 at *21.

Television 40

Television Music Advertising Advertising 40

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 103

Copying Copyright Law Copyright Social Media 103

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

Music 89

Music Copyright Copying Copyright Law 89

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

IP 94

IP Contracts Social Media Copying 94

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Only the State Labor Court of Baden-Württemberg depicted the relevant emoji in its ruling of 22 June 2016 (involving the monkey/bear face emoji depicted below); but it referred to them as “emoticons.” The post A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 79

Blogging Social Media Publishing Reporting 79

Technology & Marketing Law Blog

MARCH 28, 2023

But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.

Blogging 104

Blogging Cease and Desist Contracts Marketing 104

SpicyIP

OCTOBER 16, 2023

Syngenta Limited vs Controller Of Patents And Designs on 13 October, 2023 (Delhi High Court) Image from here A Division Bench of the Delhi High Court responded to the questions on divisional applications referred to it by the Single Judge earlier. POI Social Media Pvt. Tejaswini writes on this development.

Due Diligence 59

Due Diligence Invention IP Copyright 59

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

NOVEMBER 1, 2021

” “whenever you write about the Internet, no matter what the AP says, capitalize it, because if I had to point to a moment in a time when it all started to go wrong, it was when AP said––I think in 2016––that you could now lowercase the Internet. ” Brad Smith and Mary Snapp. ” Sen.

Journalism 101

Journalism Government Technology Privacy 101

IP Tech Blog

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Social Media 52

Social Media Marketing Marketing Government 52

LexBlog IP

JULY 17, 2023

The proposed AI Act will apply to providers marketing or operating AI systems on EU territory, irrespective of whether they are established in the EU or in a third country, and to AI users located in the EU, as well as to providers and users located in a third country when the information generated is used on EU territory.

Government 52

Government Designs Design Law 52

LexBlog IP

DECEMBER 31, 2022

The National Library of Medicine (NLM) acknowledges that AI could be used to modernize the crucial steps of clinical trial conduct-study design, planning, and execution. The below chart shows AI and Life Science patent filings by Technology (“Tech”) Center over time from 2000 to 2022, where we see a spike in activity in post-2016.

Intellectual Property 52

Intellectual Property IP Technology Privacy 52

43(B)log

MAY 11, 2021

Search engines are not designed to guide us through existential crises or challenge our beliefs—the notion of relevance is subjective and idiosyncratic as well as unstable and exploitable. Fister: the power to amplify and segment market messages is way more pronounced now. Head, John Wihbey, P.

Social Media 40

Social Media Privacy Designs Design 40

43(B)log

AUGUST 11, 2021

Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. There is some evidence on social media that people were blaming Nike (then again, people on social media blame Biden for the Delta variant, so). So how would you know?

Trademark 72

Trademark Copyright Branding Brands 72

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 125

Social Media Law Privacy Government 125

LexBlog IP

APRIL 20, 2022

Sweeping Elections & IP Fallout Of Politics : The Wall Street Journal and other media outlets recently ran a feature on local elections in India under the headline In India, a Fish on the Campaign Trail Can Help at the Ballot Box. He would “dunk [the fish] back right into a five-gallon bucket of water between stops.”)

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52