LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers.

Designs 52

Designs Design Law Contracts 52

IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 106

Licensing Contracts Designs Design 106

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 84

Litigation Contracts Advertising Advertising 84

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

SEPTEMBER 16, 2021

Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at [Plaintiff’s] homeowner customers, designed to unfairly snuff out that competition.” The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 59

Advertising Advertising Designs Design 59

LexBlog IP

FEBRUARY 16, 2024

With California’s unique laws on classifying independent contractors, including how “work made for hire” language is interpreted in California, businesses should pay attention to best practices for a successful partnership. Instant Replay —Is the Celebrity an Independent Contractor or Employee under California Law?

Social Media 52

Social Media Intellectual Property Contracts Branding 52

43(B)log

FEBRUARY 4, 2022

2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising. ML Fashion, LLC v. Nobelle GW, LLC, No.

False Advertising 83

False Advertising Advertising Advertising Designs 83

The TTABlog

JULY 31, 2023

Kenneth Thomas , Opposition No. August 3, 2023 - 1 PM: Mealpass, Inc. Mealpal, Inc. Cancellation No. 92077915 [Petition for cancellation of a registration of the mark MEALPASS for "online marketplace that offers a membership plan to select and purchase lunch from participating restaurants," on the ground of abandonment.] Opposition No. Serial Nos.

Contracts 52

Contracts Registration Designs Design 52

Indiana Intellectual Property Law

FEBRUARY 23, 2023

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 135

Contracts Publishing Law Government 135

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel. Qoins Technologies, Inc.,

False Advertising 45

False Advertising Advertising Advertising Business 45

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 96

Contracts Registration Designs Design 96

Technology & Marketing Law Blog

OCTOBER 25, 2023

“Plaintiff sells tattoos and gift cards for her tattoo business, and Defendants sell a streaming media service.” ” The court doesn’t address the potential licensing market for the tattoo design. In other words, not even close. Purpose and Character of Use. ” Market Effect. Warner Bros.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.”

Social Media 97

Social Media Ownership Branding Brands 97

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 115

Blogging Law Contracts Cease and Desist 115

43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Though the parties went forward, “they never signed a formal written document memorializing and defining the nature of their business relationship.” Stubenrauch, 2022 WL 2793579, No. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

JULY 6, 2022

Medline used to distribute certain BD products, with provisions intended to protect BD from “potential usurpation of BD’s business,” including requirements that Medline not substitute competitive products as an alternative to BD products. The parties are involved in related patent litigation.

False Advertising 59

False Advertising Designs Design Advertising 59

The IPKat

MAY 2, 2023

According to the AMS Neve judgment [discussed here ], infringements by way of online advertising and online product offers are committed where the consumers are located, to whom the advertising and offers are directed. The decision also applies to international jurisdiction in Community design matters because Art. 125(5) EUTMR.

Art 70

Art Business Advertising Advertising 70

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” Young Living continued to advertise the products as being “therapeutic-grade.”

Law 52

Law False Advertising Advertising Advertising 52

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. Linking >>> Linking >>> Linking >>>. But the IWL Entry Also Adds a Github.io

Advertising 70

Advertising Advertising Reporting Intellectual Property 70

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. UCL: The UCL, California Business and Professions Code § 17200 et seq., Google, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

MAY 12, 2022

The CPDPA is designed to establish a framework for controlling and processing personal data. A “consumer” is defined as a Connecticut resident, and excludes individuals “acting in a commercial or employment context,” also known as a business-to-business exception, which is consistent with other state privacy laws.

Privacy 40

Privacy Law Higher Education Contracts 40

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 77

Contracts Blogging Advertising Advertising 77

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Plaintiffs have attempted a wide range of common law, statutory, contract, and Constitutional claims, and courts have rejected those claims based on one or more of the following four grounds: Prima Facie Elements. In other words, the law simply wasn’t designed to redress the plaintiffs’ concerns. Section 230.

Publishing 93

Publishing Government Contracts Law 93

The IPKat

JANUARY 18, 2022

It is thus not only the classical Google search engine that is now subject to extended control but all services, including YouTube, Chrome, Android, the Play Story, and Google’s online advertising services (the draft DMA also designates the provider of a “core platform service” as “gatekeeper” but the obligations of Arts.

Publishing 52

Publishing Marketing Marketing Advertising 52

The TTABlog

DECEMBER 21, 2021

In its December 2018 decision, the Board concluded that Petitioner Australian lacked "standing": it could not show an interest in the proceeding or a reasonable belief of damage because it had contracted away its proprietary rights in its unregistered marks. Nor did respondent have advertising material or seek FDA approval.

Registration 51

Registration Contracts Advertising Advertising 51

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 135

Trademark False Advertising Advertising Advertising 135

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM.

Copying 115

Copying Social Media Licensing Technology 115

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62