Technology & Marketing Law Blog

JANUARY 22, 2023

In contrast, in 2016, Congress expressly said that the new federal trade secrets law (the DTSA) was NOT an IP law , which was really clear but surely counterintuitive to most IP and trade secret practitioners. Pierre Fabre appeared first on Technology & Marketing Law Blog. Pierre Fabre USA, Inc.

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Privacy Intellectual Property IP Intellectual Property Law 92

SpicyIP

DECEMBER 8, 2023

student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Image from here [ This post is authored by SpicyIP Fellow Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. Her previous posts can be accessed here. ]

Technology 59

Technology Trademark Business Branding 59

Kluwer Copyright Blog

MAY 9, 2022

Many years later, after the tragic death of Prince in 2016, Vanity Fair decided to publish a special issue about him and contacted the Warhol Foundation about reusing the 1984 print for it. Consequently, the market harm factor did not cut against Warhol’s fair use defense. More from our authors: Law of Raw Data.

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Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

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SpicyIP

SEPTEMBER 1, 2023

Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant for domain name disputes at Sim and San, Attorneys At Law. Zoai Founder. His previous posts can be accessed here.

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Intellectual Property Law Blogging Law Intellectual Property 111

Indiana Intellectual Property Law

JUNE 23, 2022

Merrillville, Indiana – Plaintiff, NuStar Enterprises LLC (“NuStar”), is a clothing and apparel company that markets and sells clothing and apparel and related accessories. 6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016.

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Intellectual Property Law Blog

JUNE 5, 2023

In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. The effect upon the potential market for or value of the copyrighted work. [8] Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince.

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Fair Use Licensing Cease and Desist Derivative Work 130

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 139 (2016). [ix]

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Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

AUGUST 7, 2023

In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. Lastly, (4) it was also concluded that the market perceives Warhol’s and Goldsmith’s works as interchangeable since both could be used to illustrate the magazine. Yale Law Review, v.

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Copyright Derivative Work Fair Use Copyright Law 52

Kashishipr

AUGUST 18, 2021

Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks. One of the most well-established and popular trademark families known across all age groups alike is the McDonald’s mark, as also recognized by the EU Court in 2016. For more visit: [link].

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Trademark Registration Branding Brands 105

Kluwer Copyright Blog

NOVEMBER 4, 2021

This limitation was not a part of the original proposal tabled in 2016, making its way to the final text of the Directive through European Commission and Parliament compromises. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. This change was to bring art.

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Social Media Publishing Art Copying 142

Kashishipr

MAY 11, 2022

It also encourages safeguarding the interests of the traders and consumers in the market. The use of a distinctive or unique combination of colors helps the general public relate well to the products or services, which, in turn, enhances the market value of a specific source and excludes others from extracting benefits from the unique mark.

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Trademark Law Trademark Law Branding 105

Kluwer Copyright Blog

NOVEMBER 24, 2021

In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view). Collecting Societies. International aspects.

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Contracts Copyright Law Cease and Desist 98

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. University of Minnesota Press 2016). Guest post by Camilla A. The answer is usually no, and for good reason.

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Patent Law Law Inventor Patent 95

Kashishipr

JANUARY 12, 2022

Protecting a hashtag can be a good marketing strategy as it enables businesses to connect and reach a wider audience that enjoys the same kind of goods or services. The audience should differentiate the goods originating from the proprietor of one hashtag from those of others. Why Take the Trademark Route?

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LexBlog IP

JULY 20, 2022

This reflects how the protection of intellectual property laws is relevant across industries and markets. Government agencies in Missouri (4), Mississippi (4), Maryland (3), Connecticut (3), and Louisiana (2) have all received multiple rewards and none of these States have a population that is great than seven million.

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Reporting IP Intellectual Property Intellectual Property Law 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Hence, the only money directly at stake in the residual action was royalties for past digital performances of sound recordings under California law. In April 2016, the Second Circuit certified the question of New York law to the New York Court of Appeals (the highest court in New York). A trial was scheduled for November 2016.

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Blogging Copyright Settlement Ownership 84

IIPRD

FEBRUARY 16, 2024

Although, patenting can be used in specific innovations that are extremely useful for the automotive market. However, Ferrari can benefit economically by incorporating the same in luxury cars. Such technology can be commercialized.

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LexBlog IP

APRIL 12, 2023

.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that others claim have no more understood meaning than a reference to a “ vermicious kind ,” and those or other lawyers may overuse a word that they do not seem to actually comprehend. One is the case of Abitron Austria GMBH v.

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Law IP Intellectual Property Copyright 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

According to the BGH, there was no general principle based on experience which would cause one to assume, based on the presentation of a product at a trade fair in Germany, an imminent offering for sale, distribution or other placing on the market in Germany. More from our authors: Law of Raw Data. by Christopher Heath. €

Law 52

Law Copyright Television Copyright Infringement 52

LexBlog IP

DECEMBER 28, 2021

While your business may be based outside of California, if you have clients in California or marketing targeting California residents or companies, you may be responsible for adhering to California data privacy regulations.   2016: NIST SP 800-171. Marketing Administrator. Global Data Privacy Regulations (GDPR).

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Privacy Government Intellectual Property Business 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

In a decision back in 2016, the BGH had been called upon to rule on the question of whether the use of the client software of an online game is covered by the exception provision in Section 69d (3) UrhG if the purpose of use of the program was for the user to develop their own automation software (so-called bot software).

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Related Rights Law Copyright Copying 52

Kashishipr

JUNE 9, 2021

Under the Draft Copyright (Amendment) Rules 2019, all methods of broadcasting are intended to be covered under the garb of statutory licenses, including internet and Over-the-Top (OTT) media services such as Netflix, Hotstar, Amazon Prime, Gaana, Saavn, and the newest entrant in the Indian market, Spotify.

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Music Licensing Television Copyright Infringement 98

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). See James Gibson, Risk Aversion and Rights Accretion in Intellectual Property Law , 116 Yale L.J. 882 (2006).

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Blogging Copying Social Media Copyright 96

LexBlog IP

OCTOBER 25, 2023

Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law. Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright.

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Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. society at $4.8

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Intellectual Property Invention Trademark Copyright 52

LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. He would “dunk [the fish] back right into a five-gallon bucket of water between stops.”)

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Intellectual Property Music Copyright Fair Use 52