Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 99

Social Media Ownership Branding Brands 99

43(B)log

JUNE 16, 2022

Newton Group Transfers, LLC, 2022 WL 1652587, No. 4, 2022) (magistrate) I will confess that the main message I take from the cases in which timeshare companies are aggressively suing timeshare exit firms is that one should never buy a timeshare. 439 people with timeshare contracts with Diamond hired one of the defendant companies.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. March: Nigeria’s Copyright Bill, 2022 was signed into law. Katpost on that here. Katpost on some of the Bill’s highlight here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” La Dolfina S.A.,

False Advertising 59

False Advertising Advertising Advertising Ownership 59

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Mandatory Review.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

Intepat

DECEMBER 4, 2023

The share of export of MSME specified products in all India exports during the years 2020-21, 2021-22, and 2022-23 was 49.4%, 45.0%, and 43.6%, respectively. The surge in patent applications by MSMEs in the financial year 2022-23, marking a 28.4% Additionally, in the export arena, MSMEs continue to make their mark.

Patent 52

Patent Intellectual Property Ownership Invention 52

43(B)log

MARCH 4, 2022

Tito & Tita Food Truck, LLC, 2022 WL 622234, No. 3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The Facebook page was an “online advertising and promotional platform,” not a digital document.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

DECEMBER 26, 2022

8:21-cv-02121-JVS (ADSx), 2022 WL 17887590 (C.D. 28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.” AK Futures LLC v.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Feb 25, 2022. March 4, 2022. Feb 22, 2022. Some examples under class 9 include: S.No. Application date. Description (shortened).

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. On September 8, 2022, the parties filed a notice of settlement. Miramax, LLC v. Tarantino , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. In 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

Copyright Lately

FEBRUARY 6, 2022

. “And that typically begs the question about rights…” The world of NFTs is littered with examples of startups run by folks who either don’t know, don’t understand or don’t care about obtaining permission from the owners of the underlying work for the NFTs they’re advertising and minting.

Music 93

Music Social Media Artwork Intellectual Property 93

TorrentFreak

JULY 23, 2023

All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. The exclusion of Bittorrent traffic on USA servers is a measure taken in response to a legal settlement in 2022.

Privacy 137

Privacy IP Technology Reporting 137

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52