IP and Legal Filings

NOVEMBER 23, 2023

Publicity rights have attracted considerable recognition in the field of intellectual property rights. Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. Image by starline on Freepik.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Patently-O

JULY 19, 2023

by Dennis Crouch Intellectual property rights in the U.S. Although publicity rights initially emerged as a privacy interest, I find that students are quick to see its kinship to trademark law and unfair competition. And, that person’s brand is their name, image, and likeness.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

Advertising 52

Advertising Advertising Marketing Marketing 52

IP and Legal Filings

MAY 17, 2024

The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personality rights specifically. How can such rights be enforced under the existing legal framework?

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Selvam & Selvam Blog

MAY 28, 2024

The very objective of trademark law is to distinguish the source/origin of a product or service and to prevent unauthorized misuse of brands to avoid confusion or dilution of the original one. To be honest, under the current system, the scope of protection is limited. Once uploaded, there is no reversing it.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. However, Indian law has indirect references for the protection of publicity rights. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

AUGUST 25, 2022

In the first of its kind under the California Consumer Privacy Act (CCPA), Sephora settled an enforcement action with the California Attorney General for violation of the CCPA. Sephora must pay $1.2 million in penalties and implement a CCPA compliance program. My office is watching, and we will hold you accountable.”

Privacy 40

Privacy Settlement Advertising Advertising 40

Garrigues Blog

JUNE 1, 2021

An orbit around the sun full of new developments, trends and reflections on intellectual property, with the analysis of our professional experts on the subject. Artificial intelligence pushes the boundaries of intellectual property. It’s the first anniversary of the Garrigues IP Blog.

Blogging 52

Blogging IP Advertising Advertising 52

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Second, the right to privacy, which protects individuals from having their identities disclosed to the public without their consent. Puttaswamy v.

Personality Rights 78

Personality Rights Privacy Moral Rights Copyright 78

SpicyIP

FEBRUARY 13, 2023

CIC clarifies that merely because a fellowship is funded by public exchequer, it will not mean that it is a public interest issue outweighing concerning privacy issues. Thus, there is no question of invasion of privacy or personal information of a third party being sought. Ltd for disobeying the Palbociclib interim injunction.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. The reader is simply left to speculate.

Reporting 52

Reporting Privacy Advertising Advertising 52

Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. Implications.

Artwork 100

Artwork Trademark Publishing Marketing 100

IIPRD

FEBRUARY 23, 2021

As a result of new technologies, and a rapid increase in innovation and creativity, intellectual capital has emerged as valuable assets for businesses. Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention.

IP 40

IP Intellectual Property Branding Brands 40

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

DECEMBER 1, 2022

Designer Brands Inc. Leinenweber; District Judge Joan B. Gottschall; District Judge John Robert Blakey. Claims: Infringement. Defendant: At Home Stores LLC. The Buckle, Inc. Shoe Show, Inc. Carter’s, Inc. Dick’s Sporting Goods, Inc. Johnny Was, LLC. lululemon athletica Inc. Plaintiff: Consolidated Transaction Processing LLC.

Reporting 40

Reporting Litigation Patent Privacy 40

Kluwer Copyright Blog

JANUARY 26, 2022

Nevertheless, emerging technologies – not only blockchain but also cloud computing, machine learning, edge computing, differential privacy, and AI, for instance – are clearly shifting towards more decentralized solutions. Intellectual Property Law in China, 2nd edition. Jack Dorsey tweeted another provocative idea the next day.

Ownership 115

Ownership IP Non-Fungible Tokens Technology 115

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. Puttaswamy v. The Plaintiff also referenced Vanna White v.

Personality Rights 63

Personality Rights Privacy Social Media Copyright 63

Intepat

FEBRUARY 7, 2023

The Intellectual Property (IP) rights jurisprudence over the years has adapted to the changing technological environment. Some of the biggest celebrities and brands in the world have found their space in it, including Morgan Stanley, Coca-Cola, Adidas, Samsung, and Snoop Dogg. – Data protection and privacy issues.

IP 52

IP Law Invention Licensing 52

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] 24] See Brunetti , 139 Sup.Ct. at 2304 (Breyer, J., 25] See In re Brunetti , 877 F.3d

Registration 69

Registration Government Advertising Advertising 69

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