SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

AUGUST 10, 2023

Different social media service, same result–case dismissed. The plaintiff claimed that fake accounts used her brand on Instagram and were not disabled. 2023 WL 5021784 (N.D. Instagram appeared first on Technology & Marketing Law Blog. This is yet another account termination case. Section 230.

Contracts 76

Contracts Social Media Blogging Business 76

TorrentFreak

JANUARY 24, 2023

When BBB fans aren’t glued to their TVs waiting for the drama to unfold, many can be found on social media, usually speculating about what comes next, based on what they’ve just seen. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads.

Reporting 131

Reporting Social Media Advertising Advertising 131

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. I replaced the Step Two and Hemi cases on personal jurisdiction with a recent 9th Circuit case, Herbal Brands v. Jurisdiction Evaluating Personal Jurisdiction Herbal Brands v. Social Media People v.

Editing 52

Editing Law Contracts Privacy 52

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D. This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. Brands are more likely to require disclosures in their influencing and endorsement contracts. In the world of social media, everyone’s got an angle.

Social Media 52

Social Media Advertising Advertising Branding 52

TorrentFreak

MAY 17, 2023

Hovering a cursor over the blacked-out area revealed what should’ve been hidden and click led directly to the site considered most damaging to the home market in Japan. That’s highly relevant information but when the Agency of Cultural Affairs was alerted to the buzz on social media, the information was immediately taken down.

Reporting 116

Reporting Social Media Marketing Marketing 116

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

The IPKat

APRIL 17, 2024

Among these, the Danish case of Artpusher Gallery ApS vs. Coop Danmark A/S in BS-30388/2023-SHR stands out as what the artist known as Love Party / Artpusher might have perceived as a modern tale of David and Goliath. Furthermore, the Artpusher case involved more than the use of a trademark in a single artwork or a series of artworks.

Trademark 73

Trademark Artwork Social Media Trademark Law 73

Technology & Marketing Law Blog

JANUARY 19, 2023

” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. Snap appeared first on Technology & Marketing Law Blog. Despite Doe v. So this is not the final word on the matter. Case citation : Bride v.

False Advertising 87

False Advertising Social Media Publishing Advertising 87

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Ltd vs Poi Social Media Pvt. Humans Of Bombay Stories Pvt.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 3] CS (COMM) 652 of 2023. [4] 893 of 2002 (Del) (India).

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

LexBlog IP

AUGUST 23, 2023

Courts have long recognized that “trade dress,” i.e., the visual appearance of a company’s goods or services and their associated packaging, can serve the same source-identifying function as more traditional trademarks, such as brand names and logos. Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

Corsearch

FEBRUARY 9, 2023

About Mike Sweeney As an experienced attorney, Mike counsels brands on all aspects of brand and content protection in the digital space, with a particular focus on leveraging data-driven technology to combat counterfeiting. What events will be you involved with in 2023? Connect with Mike on LinkedIn.

Branding 52

Branding Brands Branding Intellectual Property 52

Copyright Lately

JULY 8, 2023

2023 is shaping up to be a year of crappy IP lawsuits. The plaintiff is UT Brands, which does business under the name Funwares. But these puzzles are apparently popular gag gifts and UT Brands’ success soon spurred competitors to enter the pooping puppies puzzle market.

Copyright Infringement 90

Copyright Infringement Copyright Social Media Branding 90

The IPKat

NOVEMBER 27, 2023

Industrial Cleaning Equipment v Intelligent Cleaning Equipment [2023] EWHC 411 (IPEC) (February 2023) The case title might suggest this is a battle between two highly descriptive marks (ala Office Cleaning), but in fact both of these floor cleaning equipment companies had adopted the abbreviation ICE. ICE, ICE, acquiescence maybe?

Editing 70

Editing Registration Branding Brands 70

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Takeaways The NAD Report and pending FTC rulemaking certainly foreshadow an exciting year ahead in the advertising world.

Advertising 62

Advertising Advertising Reporting Privacy 62

43(B)log

FEBRUARY 16, 2024

Accrual: There’s a five-year statute of limitations for false patent marking; Qingdao identified eight social media posts from Dec. 11, 2023 (claiming that various products were “patented”). 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

LexBlog IP

APRIL 11, 2023

Before we dive in to how generative AI can assist brands and companies, let’s first peel back the layers and understand – at a basic level – what ChatGPT is. How Are Brands Using ChatGPT? 10, 2023). [2] What to Know About the AI Chatbot,” The Wall Street Journal (March 22, 2023), [link]. [4]

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

JUNE 7, 2023

If plaintiffs win cases like this, the obvious implication would be that if social media services can’t prevent all instances of CSAM, they should shut down entirely.] Internet Brands case seemingly codified failure-to-warn as a 230 exclusion. 2023 WL 3830365 (S.D. June 5, 2023). Citing Doe v. The complaint.

Blogging 88

Blogging Social Media Editing Designs 88

SpicyIP

FEBRUARY 12, 2024

Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”. Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IP and Legal Filings

JANUARY 22, 2023

In Europe, it owns and runs a variety of bike and cycling brands, including “RALEIGH.” The Plaintiff’s website, www.raleigh.co.uk, which was registered in 1998, as well as different social media platforms like Facebook, Telegram, LinkedIn, Twitter, YouTube, etc., are used to publicise the same.

Trademark 76

Trademark Registering Trademarks Social Media Business 76

BYU Copyright Blog

MAY 1, 2023

On April 10, 2023, Marenem Inc. According to the Complaint, Katherine is featured at many educational conferences as a keynote speaker and has a large following of almost 100,000 via her blog and other social media platforms where she shares her findings.

Copying 40

Copying Intellectual Property Social Media Copyright 40

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. One way is to take advantage of the European unregistered design. Fashion show: a work of art?

IP 52

IP Designs Design Copying 52

IP and Legal Filings

FEBRUARY 20, 2024

The lawsuit argued that the “Prevention and Regulation of Dark Patterns, 2023” would protect consumers against “dark patterns.” The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Anil Kapoor and Mr. Amitabh Bachchan.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report.

Advertising 52

Advertising Advertising Reporting Privacy 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. A trial is set to begin February 28, 2023.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. The post The First Amendment Limits Trademark Rights, But How?–Jack

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JANUARY 9, 2024

Instead, plaintiffs’ sole focus, they say, is on (1) Snap’s alleged independent tortious conduct and (2) Snapchat (a “feature-packed social media app.”) Internet Brands , AM v. Snap appeared first on Technology & Marketing Law Blog. ”) as a defective product. Snap , Lee v. Superior Ct.

Publishing 76

Publishing Designs Design Law 76

Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. Michael Nash, April 26, 2023 I’m not sure that UMG is entirely correct here.

Music 85

Music Copyright Copying Copyright Law 85

LexBlog IP

DECEMBER 26, 2023

I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. In early 2023 the USPTO asked for public comment on AI assistance with inventions to help it advise government rulemakers. DM me on social media or email me at info@kingpatentlaw.com. Not yet, anyway.

Designs 52

Designs Design Trademark Copyright 52