IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. Remedies for breach of such clauses include corrective advertising, damages, and contract termination.

Business 131

Business Contracts Branding Brands 131

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. This was a specific and measurable advertisement claim of product superiority based on product testing and not puffery.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 98

Social Media Ownership Branding Brands 98

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

IP 72

IP Advertising Advertising Copyright 72

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

Technology & Marketing Law Blog

MARCH 8, 2024

As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. GmbH as a Possible Trademark Troll The post The SAD Scheme as an Institutional Failure appeared first on Technology & Marketing Law Blog.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes.

Non-Fungible Tokens 120

Non-Fungible Tokens Trademark Ownership Marketing 120

The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

43(B)log

APRIL 29, 2022

Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. into the company name, added the phrase ‘physician developed/formulated’ to the product descriptions, and used Dr. Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.”

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

Michael Geist

DECEMBER 19, 2022

From the mass layoffs to journalist suspensions to this weekend’s seemingly short-lived policy blocking some links to rival services, it has been a head-spinning stretch since Elon Musk assumed ownership of the service in late October. paid advertising). removed) or can remain on the platforms with compensation (ie.

Social Media 85

Social Media Advertising Advertising Government 85

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

AUGUST 16, 2023

Establishing Legal Ownership and Exclusivity Trademark registration establishes your legal ownership over a distinctive mark. This ownership comes with exclusive rights to use the mark in connection with specific goods or services.

Branding 40

Branding Brands Branding Registration 40

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B):

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

False Advertising 72

False Advertising Ownership Registration Designs 72

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

TorrentFreak

NOVEMBER 3, 2021

All three are functionally similar tools (marketing and community approaches aside) but Applinked is perhaps the most interesting for a couple of reasons. In fact, Applinked was initially served from the developer’s own website and is still advertised and linked from there, despite what happened to its predecessor.

Social Media 138

Social Media Ownership Advertising Advertising 138

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 90

Blogging Social Media Television Fair Use 90

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Obtain legal ownership verification. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

BYU Copyright Blog

JULY 25, 2023

He argues that the Academy derived financial benefits from the use of his photographs on their website, attributing the increased website traffic to the images, resulting in higher advertisement revenues for the institution.

Intellectual Property 52

Intellectual Property Ownership Copyright Copyright Infringement 52

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. While fans enjoy watching the games and filling out their brackets, the NCAA and its partners are hard at work protecting the intellectual property associated with this iconic event.

Branding 40

Branding Brands Branding Cease and Desist 40

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. AIM stated that the independent community accounts for 25% of the UK recording market, thereby putting the majors’ share at 75%.

Music 139

Music Contracts Reporting Government 139

SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

LexBlog IP

DECEMBER 26, 2023

used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. usually you won’t be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

Designs 52

Designs Design Trademark Copyright 52

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

SEPTEMBER 8, 2023

[Image Sources: Shutter stock] If we dig into the main motive of the evolution of trademarks, we will get to know the core reason behind holding up the emerging startups and enterprises who yearn for drawing a foremost position in the market where these trademarks aids in achieving the same.

Trademark 52

Trademark Registration Marketing Marketing 52

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns.

Law 82

Law Branding Brands Branding 82

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. Over time, courts began to accept that cameras and even computers can be used as tools for artistic creation.

Artwork 95

Artwork Blogging Art Copyright 95