IP Law 360

MARCH 22, 2023

Supreme Court cases, but it peaked at oral arguments Wednesday, with the justices considering bad advertising, drunken animals, urine sales and dog ownership, all with the goal of finding a way to balance trademark and free speech rights.

Ownership 75

Ownership Advertising Advertising Litigation 75

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

IP Law 360

JANUARY 11, 2024

Google does not have to face a proposed class action alleging it raked in over $2 billion from unauthorized advertisements by trespassing on website owners' property, the Ninth Circuit ruled Thursday, saying a website owner can't claim ownership of copies of the website displayed on a user's screen.

Ownership 40

Ownership Advertising Advertising Copying 40

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

43(B)log

SEPTEMBER 8, 2021

Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a consumer’s “Purchased” folder.

Ownership 98

Ownership Television Music False Advertising 98

IP Law 360

SEPTEMBER 13, 2023

Two Ninth Circuit judges doubted Wednesday the viability of a proposed class action alleging that Google raked in over $2 billion from unauthorized advertisements by trespassing on website owners' property, questioning whether a website owner can claim ownership of the display of the website.

Ownership 40

Ownership Advertising Advertising 40

The IPKat

JUNE 13, 2022

In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public. The terms of ownership and remuneration vary between platforms.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

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

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

IP and Legal Filings

DECEMBER 25, 2022

The next phase of blockchain technology is focussed on bringing such scarcity and uniqueness to the internet, allowing for the ownership and collection of unique digital assets. The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? Image Sources : Gettyimages].

Non-Fungible Tokens 82

Non-Fungible Tokens Government Law Intellectual Property 82

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

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

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

IPilogue

JUNE 21, 2022

NFTs are unique digital assets that are digital representations of ownership of real-world items. Nike argued that the NFTs’ inflated prices and terms of purchase and ownership have led to public criticism and opinion that the StockX NFTs are a scam. The Nike Suit.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

AUGUST 16, 2021

There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks. False advertising: Pasadena’s mayor allegedly gave an interview to the New York Times and stated that “the city [ ] shares a trademark on the name of the game with the Tournament of Roses Assocation [.]”

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

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

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

IP Law 360

NOVEMBER 3, 2021

Montgomery & Newcomb LLC is objecting to a Florida federal judge's recommendation against blocking a lawsuit filed by timeshare developer Wyndham Vacation Ownership Inc. against the firm for deceptive advertising and breach of contract.

Ownership 40

Ownership Law Contracts Advertising 40

IP Tech Blog

MAY 19, 2023

Clear Disclosure : In the UK, the Advertising Standards Authority (the ASA) and the Competition and Markets Authority (the CMA) regulate influencer marketing by requiring compliance with the CAP Code and consumer protection law. A brand should also obtain waiver of moral rights from the influencer.

Marketing 57

Marketing Marketing Branding Brands 57

43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

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. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. Licensing requires ownership of the designs, which calls into question who owns a costume—the costume designer or the production company who them?

Licensing 106

Licensing Contracts Designs Design 106

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

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

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

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

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

The TTABlog

JUNE 14, 2021

The problem with the first argument was that, although AWP pleaded ownership of the application, it failed to submit the application into the record. Since AWP neither made the application of record nor provided testimony as to its ownership, the Board ruled that AWP could not base its "standing" on the refusal to register.

Registration 52

Registration Ownership Advertising Advertising 52

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

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

LexBlog IP

MAY 19, 2023

Clear Disclosure : In the UK, the Advertising Standards Authority (the ASA) and the Competition and Markets Authority (the CMA) regulate influencer marketing by requiring compliance with the CAP Code and consumer protection law. A brand should also obtain waiver of moral rights from the influencer.

Marketing 52

Marketing Marketing Contracts Branding 52

43(B)log

JANUARY 17, 2023

False advertising: Sybersound Recs., Copyright ownership information is CMI. But surely the copyright ownership claims affected Apple ’s behavior. Instead, Plaintiff’s Lanham Act claims assert that Defendant incorrectly identified the copyright owner of the Series, which is not within the scope of the Lanham Act.

False Advertising 59

False Advertising Ownership Copyright Copying 59

Traverse Legal Blog

APRIL 17, 2021

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. 19-11461-PBS, 2022 WL 4630231, F.Supp.3d Previous discussion.) Chapter 93A).

Marketing 59

Marketing Marketing Business False Advertising 59

TorrentFreak

FEBRUARY 16, 2024

All three domains had their ownership hidden by a WHOIS protection service so when Namecheap refused to disable the domains or hand over the identity of the domains’ operator, Wavve Americas Inc. filed its complaint.

Copyright 111

Copyright Trademark Copyright Infringement Registration 111

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. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B): FireBlok owns a patent on a system and method for suppressing fire in electrical boxes using intumescent material.

False Advertising 59

False Advertising Advertising Advertising Designs 59