IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 84

Trademark Social Media Advertising Advertising 84

Velocity of Content

JANUARY 5, 2022

They are incredibly complex in their design and construction, which must take into account a wide range of conditions and context – geology, climate, weather, and planned usage, which itself includes predicting changing human behaviors and preferences, diversions, community planning, etc. This is an edited version of my remarks.

Publishing 98

Publishing Blogging Editing Designs 98

Michael Geist

MARCH 10, 2023

Hepfner leaned into Canadian Heritage Minister Pablo Rodriguez disinformation by citing loopholes as the rationale: Mr. Pat Kelly: Madam Speaker, if this bill does not affect what Canadians will post, why did the government choose to remove the amendment that would have explicitly said that?

Government 100

Government Social Media Technology Reporting 100

43(B)log

AUGUST 11, 2022

Co-authorship in Comparative Perspective: Intentions, Relations, and Implications Carys Craig, Luke McDonagh, and Daniele Simone Looking at joint authorship in UK, Canada, US, Australia. A good moment to revisit the question now that there’s a renewed focus on IP and social justice/race and gender, and authorship in the context of AI.

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

MARCH 3, 2022

Counting up subfactors to determine the leaning of the first factor is even more odd. This one has gone poorly for him. A high school’s softball team and color guard tweeted the meme. A year later, Bell notified the school of the alleged infringement. ” Bell sued anyways. .” ” Bell sued anyways. Nature of the Use.

Fair Use 95

Fair Use Litigation Marketing Marketing 95

TorrentFreak

FEBRUARY 9, 2022

from his bank accounts along with a laundry list of supercars and other vehicles, all alleged to have been purchased with revenues from Carrasquillo’s pirate TV services. “It’s 10 years in prison now if you stream,” Omi warns, leaning towards the camera. IRS and FBI agents seized “at least” $5.2m

Social Media 129

Social Media Copyright Copyright Law Copying 129

SpicyIP

SEPTEMBER 26, 2021

VA, they might not understand it as the description of a process [Rather, it might appear to them as an ‘arbitrary/fanciful’ word that, on the Abercrombie spectrum of distinguishing power , would lean towards strong trademark protection]. Factual Background. The Defendant argues that it’s ‘AS?VA’ VA’, which is the sub-brand.

Branding 118

Branding Brands Branding Trademark 118

The TTABlog

AUGUST 8, 2022

The Board rejected petitioner's invocation of the doctrine of claim preclusion based on its earlier successful opposition to respondent's prior application to register the same mark, also on the ground of geographic descriptiveness, finding that this cancellation proceeding involved a different set of transactional facts. Not to worry.

Registration 52

Registration Business Copyright 52

Kluwer Copyright Blog

JUNE 7, 2023

But copyright law faces daunting challenges when copyrighted material not only inspires a creative process, but becomes the very object of it. From Italian opera to Andy Warhol to memes – incorporating and referencing other works has always been an integral part of the way people engage with the world around them through artistic means.

Copyright 114

Copyright Art Copyright Law Law 114

SpicyIP

APRIL 17, 2023

Where to lean on? Devanshu is a second-year student pursuing B.A. from National Law School of India University, Bengaluru. Here are the quick summaries of the 4 posts, 9 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Kluwer Copyright Blog

APRIL 20, 2022

In sum, the vision of the Ministry of Justice is that Article 17 takes the form of an updated hosting safe harbour that this time explicitly accounts for users of services. In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. But there is more.

Copyright 56

Copyright Intellectual Property Law Public Domain Copyright Law 56

Herbert Smith Freehills

SEPTEMBER 10, 2021

companies have taken heed of these political and social shifts as well, including through the rise of ESG investing priorities, with increasing investor pressure for companies to reduce their carbon footprints and account for climate risk in their financial planning. Introduction. The Senate recently passed a $1.2 At the U.S. At the U.S.

Government 52

Government Business Reporting Publishing 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

I still think I got the gist of the opinion because Australia is a commonwealth country and the opinion leans heavily on standard common law tort principles.]. The defendants/appellants are media entities that post links to their stories to their Facebook accounts. Like other Facebook posts, readers can comment on the posts.

Publishing 97

Publishing Social Media Blogging Law 97

Kluwer Copyright Blog

JULY 1, 2021

Photo by Mizter_X94 via Pixabay. The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) , concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Historical Footnote? Why the decision matters today. 11 Charter).

Art 98

Art Copyright Infringement Copyright Copyright Law 98

Herbert Smith Freehills

SEPTEMBER 10, 2021

companies have taken heed of these political and social shifts as well, including through the rise of ESG investing priorities, with increasing investor pressure for companies to reduce their carbon footprints and account for climate risk in their financial planning. Introduction. Lawmakers are preparing to vote on a $1.2 At the U.S.

Government 52

Government Business Reporting Publishing 52

Corsearch

APRIL 19, 2023

Both Gen Z and millennials are holding brands more accountable and are interested in how they impact society and the planet. With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? And for brands, it’s the same.”

Branding 40

Branding Brands Branding Social Media 40

43(B)log

FEBRUARY 18, 2022

Could pick one place to say a more realistic account of reputation would mean X. Assumptions about accuracy, reliability and value of reputation are blithe/unsubstantiated. How is reputation constructed in law? Regard that consumers have for a quality of a firm and its products. Firms don’t just sit back and let consumers form reputations.

Copyright 69

Copyright Business Branding Brands 69

43(B)log

FEBRUARY 3, 2023

Rosenblatt: is this good (sharing knowledge with wider community), bad (commercializing and privatizing what had been used for human flourishing), or a sociological account? Wasserman Rajec, Innovations in Pleasure Conscious effort to tout devices/drugs as medical, downplaying their recreational and pleasurable features. Q: drugs v.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

Technology & Marketing Law Blog

JULY 29, 2023

His legacy Facebook and Instagram accounts got suspended because he posted videos about January 6. Davis then created new Facebook and Instagram accounts to discuss “conservative viewpoints,” which allegedly drew 15,000 followers on Instagram[FN] and generated 90% of his legal clients. Capitol insurrection.

Social Media 74

Social Media Contracts Law Litigation 74

43(B)log

AUGUST 3, 2023

The majority says that limiting doctrines account for Kagan’s examples—which involved use of expression—as well as the dissent’s own copying and the Court’s too. Courts weren’t using four factors before that. And it creates statutory construction issues that justify SCt intervention, which hadn’t happened before.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Technology & Marketing Law Blog

OCTOBER 29, 2023

The RNC also cited the notorious North Carolina State study , which suggested that freshly minted Gmail accounts filtered conservative emails more frequently than liberal ones–despite the study authors repeatedly disclaiming that their study supported the RNC’s interpretation. Good Faith.

Marketing 111

Marketing Marketing Social Media Law 111