Technology & Marketing Law Blog

JUNE 26, 2023

The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to require users to input illegal content , you will be immune.” Many citations to Roommates.com result in defense wins.

Advertising 98

Advertising Advertising Marketing Marketing 98

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. And with patents, the only protection arises when the USPTO issues a patent on an invention.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Chicago IP

MAY 7, 2021

Unidentified Patent Holder v. Judge Kennelly ordered unidentified plaintiff (Doe Plaintiff) to show cause why the patent case should not be dismissed. The Court noted that in many ways this was a typical “Schedule A” case in which a plaintiff IP holder sues multiple Doe defendants for alleged knock-off sales. 21 C 514 (N.D.

Patent 75

Patent Design Patent Advertising Advertising 75

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. So How Many Sites Are On The List? ” Welcome to the Blacklist. Well, in theory at least.

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. EL’s design also includes the idea of different elastic strengths.

Patent Law 77

Patent Law Law Patent Patent Application 77

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. For example, trade secret protection might be considered to protect confidential information or know-how which has some commercial value. system, this is basically a registered design.

Designs 52

Designs Design Music Invention 52

TorrentFreak

JANUARY 16, 2023

While many of these were subsequently blocked, new ones continue to pop up, as do sites that provide an overview of the latest working proxies. It provides links to the latest Pirate Bay proxies and also shares information on how people can start a proxy of their own. “The Proxy Bay” falls in the latter category.

Music 127

Music Intellectual Property Copyright Copyright Infringement 127

LexBlog IP

AUGUST 23, 2023

Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? 1 Is a Building “Product Packaging” or “Product Design” Trade Dress?

Designs 52

Designs Design Advertising Advertising 52

SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? Where to lean on?

Advertising 105

Advertising Advertising Confidentiality Trademark 105

IPilogue

JANUARY 21, 2022

Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. Many argue that mere gameplay or one’s “style of playing” is comprised of too much spontaneity , that it cannot be reproduced , or that it is too general/abstract to be protected by copyright.

Publishing 110

Publishing Intellectual Property IP Licensing 110

IIPRD

NOVEMBER 22, 2023

They by using social sites such as Instagram, Facebook, YouTube, Twitter, Snapchat , and many other,create ad revenue, brand endorsement prospects, as well as other income sources. As a result, it is crucial to learn how to safeguard IP. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

Social Media 59

Social Media IP Intellectual Property Copying 59

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Though a judgement that could potentially have an impact on how opposition proceedings are done, it is currently stayed by the Division Bench (covered here ). Syngenta Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

Kashishipr

JULY 13, 2022

Therefore, it won’t be wrong to admit that many legal issues need to be addressed in these fields, and many more are yet to be explored as the two technologies evolve. With the rapid innovation of AR technology and its growing commercial use, there seem to be many potential IP issues arising in this field.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

SpicyIP

MAY 20, 2024

The Controller on working examples is surely going to interest patent lawyers. Remanding the matter back to the Patent Office, the Court clarified that a working example does not define the patent’s scope. Raising some concerns with this finding, we are pleased to present to you this guest post by Dhruv Vatsyayan.

Trademark 45

Trademark Advertising Advertising Copyright 45

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. As the U.S. Copyright Office.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

43(B)log

AUGUST 3, 2023

How do other areas of law treat relevance of death? So too w/false advertising. Need and precedent: how is AI being used to reanimate people? Advertising: false endorsement potential. We can at least fight how we structure the rules of postmortem ROP when it’s only found in about half the states. Body parts.

Registration 52

Registration False Advertising Advertising Advertising 52

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. How do you protect a website? Final act: will the Supreme Court lend bullfighting a helping hand?

Blogging 52

Blogging IP Advertising Advertising 52

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Did they influence how you advertise? But is generative AI really the same?

Social Media 52

Social Media Fair Use Advertising Advertising 52

TorrentFreak

JANUARY 26, 2024

How many people were cautioned for viewing illegal streams? For questions 4, 5 & 6, how many were supplying illegal streams digitally? Ordinarily under our Section 16 duty to provide advice and assistance, we would advise you how to refine your request to a more manageable level.

Web Development 94

Web Development Reporting Copyright Editing 94

43(B)log

FEBRUARY 24, 2024

We like how they sort us/how we get to identify with them? How much of that is cultural? Other examples: design patent, as Sarah Burstein has writte n. Platforms don’t disclose how many invalid notices they get. One to many: hard to figure out whether to worry more about over or underenforcement.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Intepat

FEBRUARY 7, 2023

However, as we ride on the everchanging wave of evolving technology, there also arises a need to reevaluate how laws, which traditionally operated in a different space, react to these new dynamics. At its nascent stage, the metaverse saw many key players from the video game industry at the forefront of its technological developments.

IP 52

IP Law Invention Licensing 52

The TTABlog

JANUARY 5, 2022

A single-color mark on a product design is registrable only upon a showing of acquired distinctiveness. Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. In re Dimarzio, Inc. TTABlogged here ]. Wal-Mart (citing Qualitex ).

Registration 111

Registration Advertising Advertising Music 111

Larson & Larson

DECEMBER 13, 2022

There are many things to consider when applying for a trademark, but the process can be daunting. Standard character marks include any word, phrase, symbol, or design that can be represented in standard characters (i.e. They can include logos, designs, and other unique elements. Considerations for Applying for a Trademark.

Trademark 40

Trademark Registering Trademarks Designs Design 40

LexBlog IP

MAY 2, 2023

Many employees are experimenting with AI in connection with their work. As a result, many companies are developing corporate policies on employee use of AI. Patent and Trademark Office have developed initiatives to focus on IP issues with AI. If you have not done so yet, now is a good time to get started. ” AI RMF 1.0

Government 52

Government Business Copyright Licensing 52

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. For the application to be successful, it is therefore imperative that one gives a clear and detailed explanation of how the hue will be used.

Trademark 85

Trademark Branding Brands Branding 85

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. Prior to the expiration of the patent, however, three of the strains listed in the patent were reclassified as different strains from different species. ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, F.Supp.3d

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. So I can’t say I’m eager to see this case get there, but this case would be better positioned to get cert than many other Section 230 cases.

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

43(B)log

OCTOBER 4, 2021

As harm showings become less important, both trademark use and the First Amendment become relatively more important as the remaining limits on liability once a theory of how consumers might possibly be confused has been introduced. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Nominal damages are often a species of general damages.

IP 90

IP Licensing Law Reporting 90

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” There’s no data on how many bike rides have been tracked on the app and WCT’s principal didn’t know from personal use how functional the app was.

Marketing 59

Marketing Marketing Trademark Branding 59

azrights

OCTOBER 27, 2021

They copied or only slightly modified the font of its logo, and their bottles created confusion among consumers, many of whom were illiterate. Firstly, the company had the right legal agreement with the designers of its iconic bottle shape when it commissioned the bottle design so that it would own the rights in the bottle design.

Branding 52

Branding Brands Branding Copying 52

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

TraskBritt Intellectual Property

MARCH 22, 2021

You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers. Trademarks are a word, phrase, symbol, and/or design that identifies goods and/or services and also distinguishes the source of those goods from other sources of similar goods. Why Should you File a Trademark Application?

Trademark 52

Trademark Registration Registering Trademarks Branding 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Regulatory And Legislative Actions Set The Tone For Biosimilars in 2021. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

43(B)log

JUNE 24, 2022

Ornamentality looks better than aesthetic functionality in many situations because it serves as a shortcut to avoid aesthetic functionality’s “significant non-source related advantages” inquiry and deals with the key problem of “significance.” How often do we really talk about ornamentality and distinctiveness w/r/t defendant’s conduct?

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

FEBRUARY 24, 2023

Courts could very well adopt a property frame, redefining what TM’s pluralism is about—free riding stories won’t go away, no matter how much people in this room want them to. But maybe we can learn from how other communities respond to changes—Twitter made retweeting part of the system, finding ways to give credit; TikTok too.

Trademark 69

Trademark False Advertising Fair Use Branding 69