IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. While most of Crocs’ lawsuits are in the US, the battles have also crossed the border into Canada, such as Crocs’ October 21, 2022 victory in Crocs Canada, Inc.

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Teamsters Loc.

Social Media 99

Social Media Ownership Branding Brands 99

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

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Designs 52

Designs Design Trademark Intellectual Property 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

IPilogue

MARCH 9, 2022

Behind every video game, there is a video game designer. And behind every designer, there is a publisher. As of January 31, 2022, Sony Interactive Entertainment (“Sony”) is behind the video game publisher Bungie. The ownership raises questions regarding Bungie’s intellectual property rights. billion USD.

Intellectual Property 103

Intellectual Property Ownership Publishing Designs 103

Trading Secrets

JANUARY 27, 2023

There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). The Protecting American Intellectual Property Act signed on January 5, 2023 is designed to help American businesses from trade secret by foreign actors.

Business 59

Business Intellectual Property Ownership Law 59

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

Art 52

Art Marketing Marketing Due Diligence 52

LexBlog IP

JANUARY 27, 2023

There were several significant trade secret jury awards in 2022 in Virginia ($2 billion), Ohio ($65 million), and Michigan ($105 million). The Protecting American Intellectual Property Act signed on January 5, 2023 is designed to help American businesses from trade secret by foreign actors.

Business 52

Business Intellectual Property Ownership Law 52

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i]. iv] Brooks Kushman, Nike v.

Law 84

Law Branding Brands Branding 84

LexBlog IP

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. To avoid this risk, the Chinese market has created a different Chinese name for NFTs: Digital Collection (数字藏品, hereafter also referred as “DC”).

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IP Law Blog

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” In January 2022, StockX released the Vault collection and claimed that each asset is linked to a physical sneaker that it stores at its facility.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

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. S]imple facts and common turns of phrase that appear in marketing materials—for example, about the features of a material or technology—are not protected by copyright.”

False Advertising 72

False Advertising Ownership Registration Designs 72

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

Matt Bodie Trademark, Employees & the Firm How does TM designate the entity entitled to hold and defend a mark, and what effects does this have on the worker/firm relationship? Disempowers those who participate in TM but not in the ownership of the company. Is there evidence of market harm from use by campaign?

Branding 59

Branding Brands Branding Music 59

Technology & Marketing Law Blog

FEBRUARY 12, 2022

Specifically, control is not determined based on private or public ownership, but instead on the government’s exercise of control over the relevant aspects of the social media platform. Gardiner , 2022 WL 407651 (N.D. Gardiner appeared first on Technology & Marketing Law Blog. De Young opinion.

Social Media 102

Social Media Government Ownership Blogging 102

Kluwer Copyright Blog

SEPTEMBER 29, 2022

© Ernesto López and Simon Geiregat 2022. As a follow-up to a previous post about the concept of portability and its emergence in personal data protection and consumer law, this second part focusses on portability rights and IP in two forthcoming instruments of “data economy law”: the Digital Markets Act and the proposal for a Data Act.

IP 56

IP Ownership Marketing Marketing 56

The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. The advantage of using standardized tokens with a sufficiently distributed blockchain is the possibility to digitally display ownership of IP in a secure, transparent and immutable manner.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

SpicyIP

MAY 18, 2022

Feb 25, 2022. March 4, 2022. Feb 22, 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. Some examples under class 9 include: S.No. Application date. Description (shortened).

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

The TTABlog

APRIL 6, 2022

2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. The Board dismissed both claims.

Ownership 52

Ownership Registration Trademark Contracts 52

Technology & Marketing Law Blog

MARCH 29, 2023

Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Flores sent a DMCA 512(g) counter-notice on June 27, 2022, and filed with the CCB the next day. The respondent did not opt out and the opt out period ended on October 24, 2022.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

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

LexBlog IP

AUGUST 28, 2023

41/2022 On Civil Personal Status have been introduced to further regulate wills and inheritance matters for non-Muslims in the UAE. It does not make a distinction between properties that are located in designated and non-designated areas for foreign ownership and is therefore applicable to all nationalities.

Government 52

Government Ownership Law Settlement 52

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

IP and Legal Filings

FEBRUARY 7, 2023

In 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership. Several large corporations have already begun developing new marketing efforts for this new digital environment after realising the enormous potential that exists here.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

The IPKat

MAY 5, 2023

At the Federal High Court Ann Njemanze filed an application for trade mark registration of DOMITILA sometime in 2022 and was issued with a notice of ‘acknowledgement’ and ‘acceptance’ of application. While an actor’s performance can elevate the popularity and thus, market value of a movie title or character title, that does (should?)

Registration 121

Registration Ownership Copyright Trademark 121

LexBlog IP

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” ” In January 2022, StockX released the Vault collection and claimed that each asset is linked to a physical sneaker that it stores at its facility.

Ownership 52

Ownership Intellectual Property Branding Brands 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Technology & Marketing Law Blog

OCTOBER 4, 2022

2022 WL 4599203 (D. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. RIAA appeared first on Technology & Marketing Law Blog.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 123

Copyright Art Copyright Law Licensing 123

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Hence, it is no wonder that the battle for ownership of her trademark is also highly sought after. It has its own name –Tiffany blue.

Trademark 85

Trademark Branding Brands Branding 85

43(B)log

OCTOBER 31, 2022

21-CV-474 TWR (AHG), 2022 WL 14915618 (S.D. 25, 2022) Previous discussion. Zamfir has the burden of rebutting the presumption of ownership conferred by CasperLabs’ registered mark, but that burden can be met by showing that the registrant had not established valid ownership rights in the mark at the time of registration.

Registration 59

Registration Trademark Ownership Marketing 59

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. SF Design Group. Fredman Design Group. DLB-21-401 (D.

Social Media 80

Social Media Contracts Ownership Business 80

SpicyIP

NOVEMBER 16, 2023

This app, as they claimed, is unique in that it combines a stock market trading feature alongside fantasy gaming, something that they said was non-existent in the market prior to its app. Surprisingly, this was sufficient for the Single Bench (SB) to grant an ex-parte interim injunction ( pdf ), which they did on April 13, 2022.

Copyright 59

Copyright Marketing Marketing Copying 59

Technology & Marketing Law Blog

MARCH 6, 2022

2022 WL 580788 (N.D. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Babybus appeared first on Technology & Marketing Law Blog.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

43(B)log

FEBRUARY 23, 2023

2022 WL 16857036, No. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding. Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. Dfinity Found. Meta Platforms, Inc., 22-cv-02632-CRB (N.D.

Designs 59

Designs Design Registration Trademark 59