Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. McCandless Group, LLC, 2022 WL 17403067 (C.D. Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. Many Member States missed the deadline, so in May 2022 the Commission issued reasoned opinions to 13 of them.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

IPilogue

DECEMBER 9, 2022

On 30 September 2022, the much-awaited jury verdict for Alexander v Take Two Interactive Software Inc. & Alexander inked WWE professional wrestler Randy Orton with a total of six tattoos including tribal tattoos designed by another tattoo artist which Alexander extended per Randy Orton’s request. was released. Final Call, Inc.,

Fair Use 112

Fair Use Copying Licensing Copyright 112

43(B)log

FEBRUARY 19, 2022

If monopoly power is shown, which is possible, and barriers to entry, and significant network effects, FB might be monopoly; there are also attempted monopolization claims which don’t require as much market power, only a dangerous probability of success. Q: As a marketing professor, the word I say every day is Google. We like copying!

Law 119

Law Branding Brands Branding 119

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138

Trademark Registration Marketing Marketing 138

TorrentFreak

AUGUST 12, 2022

Having spent billions on development and marketing over decades, companies like Microsoft dominate important sections of the software market. The defendants are described as prolific distributors of “black market access devices”, aka activation keys and tokens for Microsoft software.

Copying 104

Copying Licensing Marketing Marketing 104

The IP Law Blog

SEPTEMBER 22, 2022

On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. Some of you may have even seen enlarged outdoor versions of the Connect 4 game at various venues.

Copying 98

Copying Marketing Marketing Advertising 98

LexBlog IP

DECEMBER 26, 2023

Their terms say I own full commercial (note they don’t say “exclusive”) rights to it and can apply for trademark registration for it (through the, naturally, even though they aren’t lawyers and will just copy whatever you provide them into the application and submit it whether it’s appropriate or not).

Designs 52

Designs Design Trademark Copyright 52

TorrentFreak

FEBRUARY 11, 2024

The last time developer Christopher Boomer appeared on our radar was back in July 2022 when he attempted to unmask thousands of alleged copyright infringers using the DMCA subpoena process. The same gameplay mechanics also appear in Get Muscles Simulator but the complaint alleges that copying goes well beyond that.

Copying 75

Copying Artwork Designs Design 75

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

Trading Secrets

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Overview of Non-Compete Legislation and Enforcement Issues from 2022.

Confidentiality 59

Confidentiality Business Law Contracts 59

Technology & Marketing Law Blog

JANUARY 13, 2024

B) The social media platform took action, within 30 days of the completion of an audit described in subparagraph (A), designed to mitigate or eliminate the reasonably foreseeable risk that a design, algorithm, practice, affordance, or feature violates, or contributes to a violation of, this subdivision. (B) Free Speech L.

Social Media 68

Social Media Reporting Designs Design 68

Technology & Marketing Law Blog

JUNE 11, 2022

March 21, 2022). RCN Telecom Services, LLC , 2022 WL 1291388 (D. April 29, 2022). Peak ruling and embrace the Cablevision ruling that there is a class of unfixed electronic works: embodiment alone does not result in the creation of a copy; the embodiment must also persist for a period of more than transitory duration.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

BYU Copyright Blog

OCTOBER 17, 2022

On October 13, 2022 photographer Eric Bowers ("Bowers") filed a lawsuit against Johnson County Community College (the "College") claiming that the College used his photograph of the "One Light" building in Kansas City (the "Work") without permission. The Work found on the Plaintiff’s website today displays a similar mark.

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. However, Target’s allegedly infringing works apparently were designed no later than December 2017. Levin, 2022 WL 4351968 (C.D. 2022 WL 4540091 (D. Case Citation : Cooley v.

Copyright 97

Copyright Artwork Designs Design 97

The IPKat

FEBRUARY 13, 2022

DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. According to WIPO, China's accession means that the Hague System will cover nine of the world's top 10 economic markets. COPYRIGHT In the U.S.,

Blogging 52

Blogging IP Copying Copyright 52

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. In a report published in September 2022, I undertook research into the national implementations of these two provisions in 11 Member States : Austria, Denmark, Estonia, France, Germany, Hungary, Ireland, Italy, Malta, the Netherlands and Spain.

Reporting 52

Reporting Marketing Marketing Copyright 52

Technology & Marketing Law Blog

MARCH 6, 2022

” With respect to whether Babybus’ baby character infringed Moonbug’s baby, Babybus claimed that the alleged copying related to generic features found in nature. . 2022 WL 580788 (N.D. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Prior Posts on Section 512(f). *

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

LexBlog IP

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Overview of Non-Compete Legislation and Enforcement Issues from 2022.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

TorrentFreak

JANUARY 10, 2022

Its domains are blocked by court order in the United Kingdom , Ireland , Norway , Denmark and Portugal , and the site has been repeatedly branded a ‘notorious market’ by the MPA. Following a hearing that took place January 3, 2022, last Friday Judge Mark C. A copy of the preliminary injunction can be found here (pdf).

Copyright Infringement 144

Copyright Infringement Copying Copyright Branding 144

LexBlog IP

SEPTEMBER 22, 2022

On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. Some of you may have even seen enlarged outdoor versions of the Connect 4 game at various venues.

Copying 52

Copying Marketing Marketing Advertising 52

IP and Legal Filings

JANUARY 16, 2023

today as the end of October month approaches the market gets flooded with different kinds of Halloween-themed articles (consumable and non-consumable) and various Halloween-themed costumes. The market gets flooded with Halloween-themed costumes, and goods, and buyers rush up to purchase them. [Image Sources : Shutterstock].

Intellectual Property 73

Intellectual Property Intellectual Property Law Blogging Designs 73

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. And how can consumers be “diverted” with the ad copy accurately previewed what consumers could expect to get at the link terminus? Troia , 2022 WL 3544170 (S.D.N.Y. 2022 WL 3647817 (E.D.

False Advertising 98

False Advertising Advertising Advertising Trademark 98

The IPKat

AUGUST 21, 2022

and was provided in a judgment ([2022] EWHC 2084 (IPEC)) of the Intellectual Property Enterprise Court (IPEC) handed down earlier this month by Deputy High Court Judge David Stone. The WaterRower As stated, the WaterRower was designed by John Duke. Duke's WaterRower The answer seems to be ‘Why not!’

Copyright 86

Copyright Designs Design Art 86

Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The case also serves as a reminder that product copying still caries significant weight in the obviousness analysis.

Invention 52

Invention Copying Art Designs 52

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Chen , 2022 WL 742429 (N.D. March 11, 2022). Chen appeared first on Technology & Marketing Law Blog. Babybus. *

Copyright 128

Copyright Fair Use Cease and Desist Litigation 128

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. Next thing that happened: Omaha Quilt Guild copied Just Wanna Quilt’s logo for its show. Related: © threats. 4 years of effort!

Trademark Law 72

Trademark Law Trademark Art Branding 72

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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

Kluwer Copyright Blog

SEPTEMBER 28, 2022

© Simon Geiregat 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. Data portability rights are hot in EU legislation. But often does not mean always!

IP 94

IP Contracts Social Media Copying 94

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. 2916/2022. (2) Endnotes (1) Decision No. 2) L 2121/93. (3) 5) See Supreme Court decision No. 438/2018. (6)

Copying 52

Copying Copyright Law Copyright Editing 52

SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. The matter found itself back in court, before the Division Bench (DB), in less than a month though.

Copyright 59

Copyright Marketing Marketing Copying 59

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. The decision was reported and commented on by our GuestKat Rose Hughes.

Intellectual Property 67

Intellectual Property Reporting Designs Design 67

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

Patent 97

Patent Patent Infringement Copying Technology 97

Technology & Marketing Law Blog

JULY 1, 2022

Phung , 2022 WL 950261 (D.N.J. March 30, 2022). “In 2022 WL 612455 (D. March 2, 2022). Republic of Pakistan, 2022 WL 74218 (D. 7, 2022): “ Twitter is a private corporation and therefore unable to violate an individual’s First Amendment right to free speech.” June 22, 2022).

Blogging 91

Blogging Social Media Government Advertising 91