The TTABlog

NOVEMBER 10, 2023

Mike Keyes , a consumer survey expert and IP litigator at Dorsey & Whitney LLP, has granted me permission to post this recent article from his newsletter, "Lanham Act Surveys for Lawyers" (subscribe here ). Getting Your Teflon Survey to "Stick" at the TTAB Teflon. LLC , 2023 TTAB LEXIS 419 (Trademark Trial & App.

Branding 72

Branding Brands Branding Trademark 72

LexBlog IP

SEPTEMBER 15, 2023

Why This Article Matters to You If your company has recently received a cease-and-desist letter or any form of legal threat related to using Meta Pixel or similar technology, this article should help you start to understand next steps. For example, in Ambrose v.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

Traverse Legal Blog

SEPTEMBER 15, 2023

Why This Article Matters to You If your company has recently received a cease-and-desist letter or any form of legal threat related to using Meta Pixel or similar technology, this article should help you start to understand next steps. For example, in Ambrose v.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

LexBlog IP

SEPTEMBER 23, 2022

I originally intended to call this article Challenges For Structuring Interior Design Purchasing Fees and Mark-ups , but felt that might be too alarmist. First, if you intend to charge for your time spent during the purchasing process, then include that in your contract. This can be done several ways.

Designs 52

Designs Design Contracts Artwork 52

LexBlog IP

MARCH 28, 2022

In this article, we explore some issues which can arise in the context of trade mark ownership and what steps can be taken to avoid future ownership flaws. Let’s start with the legislation – a very good place to start. The opponent, Viceroy Cayman Limited ( Opponent ) took issue with the Application.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

LexBlog IP

NOVEMBER 28, 2023

All meme-like images in this article are properly licensed. Statutory damages start at $750 per infringement and can go up to $150,000 depending on the circumstances. Our team of experienced attorneys is dedicated to providing comprehensive support tailored to your unique needs. Fox News Network, LLC v. Yes and no.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

Adam Kovacevich has defined the “Prager Effect” as “suing Big Tech to make your MAGA censorship allegation, resulting in Courts significantly strengthening platforms’ legal rights to moderate.” Does this start to suggest a real circuit split on 230? Google LLC , 2022 WL 17414495 (Cal.

Contracts 134

Contracts Publishing Law Government 134

The IPKat

JUNE 23, 2022

No time to rebrand as 21 week delay to injunction refused Combe International LLC v Dr August Wolff GmbH [2022] EWHC 125 (Ch) (January 2022) We covered the hoo-ha between VAGISIL and VAGISAN in the last volume. Was there nevertheless a hosting defence under Article 14 of the e-Commerce Directive? IPKat here.

Branding 73

Branding Brands Branding Litigation 73

Patently-O

FEBRUARY 5, 2024

GM Global Technology Operations LLC 21-2348. Lemley: We are almost entirely in agreement with the PTO, except that they are more concerned with ensuring that the the examination is administrable. “The solution is not a rigid rule” especially one that Judge Reyna: What is your problem with Rosen-Durling ?

Design Patent 59

Design Patent Art Designs Design 59

Velocity of Content

MARCH 15, 2022

Access to the latest scientific research is vital for any R&D organization, but if you don’t streamline your processes from the start you can quickly end up with information silos and dozens of individual practices that hinder effective and compliant collaboration. and Heather Desmarais , President of HJD Consulting LLC.,

Intellectual Property 93

Intellectual Property Publishing Copyright Licensing 93

LexBlog IP

OCTOBER 13, 2021

Launching your own business is a huge decision, one not to take likely. From developing your product or service and getting funding to taking measures to protect your business, entrepreneurs must do their homework. What is an LLC? An LLC, or limited liability company, is a U.S. An LLC can have one or many members.

Business 52

Business Government Intellectual Property Reporting 52

Velocity of Content

JANUARY 31, 2023

This article was originally published in The Scholarly Kitchen. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) OpenAI, LLC, OpenAI Startup Fund GP I, L.L.C.; Let’s start with the lawsuit’s basics.

Licensing 96

Licensing Fair Use Journalism Publishing 96

The IPKat

AUGUST 6, 2023

Here's what Bill writes: Book review: ‘Developments and Directions in Intellectual Property Law: 20 Years of the IPKat’ by Bill Patry The IPKat blog inspired my own copyright blog which I started in 2005, 2 years after the first meow from London. I am aided in this by the somewhat divergent views of the authors of the two articles.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Copyright Law 52

TorrentFreak

JULY 23, 2023

Vulnerabilities are always lurking around the corner and even with the most secure VPN, you still have to trust the VPN company with your data. This article is not a recommendation of any kind. What tools are used to monitor and mitigate abuse of your service, including limits on concurrent connections if these are enforced?

Privacy 136

Privacy IP Technology Reporting 136

TorrentFreak

NOVEMBER 27, 2021

Back in September we broke the news that Voltage Holdings LLC, a company well known for tracking down pirates worldwide, had obtained a High Court order compelling Virgin Media to hand over subscriber data. “In August 2020, our client started to receive emails from distributors explaining that the film was available via BitTorrent.

Copying 137

Copying Settlement Cinema Copyright 137

Technology & Marketing Law Blog

MAY 22, 2023

The court starts with a general observation: “Although it might at first seem that one firm’s purchase of another firm’s trademark as a Google keyword would constitute infringement, courts generally have not adopted that view,” citing Network Automation. For more on competitive keyword ads by lawyers, see this article.

Advertising 107

Advertising Advertising False Advertising Trademark 107

LexBlog IP

SEPTEMBER 7, 2022

Prime Sports Marketing LLC et al., Yes, that is lawyerspeak at its finest, but it’s an important question because it may determine whether your trade secret complaint will survive a motion to dismiss. Duke Hospitality, LLC. In a high profile case brought by NBA star Zion Williamson against his former agent, Williamson v.

Blogging 52

Blogging Reporting Law Litigation 52

LexBlog IP

JANUARY 5, 2022

To be heard, you must convince the Court that your case is “certworthy.” Takings analysis starts with the 5 th Amendment (sometimes through the 14 th Amendment and sometimes through state counterparts to the 5 th Amendment). ” Article 1, Section 8. LLC , 138 S.Ct. ” A cert. ” A cert.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

NOVEMBER 30, 2022

.” Well, seems it is time to go back for seconds on all that (and of course, it makes sense to start the Thanksgiving column with food references). Since my 2017 article, there seems to have been great attention paid by legal commentators to efforts to protect recipes. VIP Products LLC. in Case No.

IP 52

IP Intellectual Property Fair Use Trademark 52

LexBlog IP

JANUARY 25, 2023

to discuss an article she recently co-authored, “Biological patent thickets and delayed access to biosimilars, an American problem.” ” [1] The article, published in the Journal of Law and the Biosciences, examines whether patent thickets covering biological drugs are responsible for delayed biosimilar market entry.

Patent 52

Patent Branding Brands Branding 52

LexBlog IP

JANUARY 9, 2023

December was unusually busy and 2023 started with a bang courtesy of the Federal Trade Commission’s (FTC) proposed rule banning noncompetes. In Tomgal LLC v. If you don’t identify your trade secrets with particularity, you are not going to get an injunction. In Collar Jobs, LLC v.

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court’s FOSTA analysis will break your mind, and it’s a reminder that FOSTA likely reaches far beyond the paradigmatic Backpage scenario to potentially govern more traditional Internet content moderation decisions. Grindr LLC , 765 Fed. Grindr, LLC, 306 F. Amazon.com, LLC , 267 Cal. 586, 590 (2d Cir.

Blogging 107

Blogging Publishing Social Media Advertising 107

LexBlog IP

AUGUST 31, 2022

’ And the Lord said unto Adam: ‘I shall give you an invisible weapon that will serve you and your children better than any weapons of fight or flight, a power that will save you even from yourself. Law Ain’t No Joke : Starting To Look Seriously At Humor As An Element Of Proofs In Legal Cases. ” [G.

Fair Use 52

Fair Use Trademark Moral Rights Law 52

43(B)log

OCTOBER 4, 2021

Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function. What this means is that you can bring a 43(a) claim against a defendant who has a federal registration and still claim that your unregistered rights trump the registration. Proactive Environmental Products Int’l, LLC v.

IP 94

IP Trademark Advertising Advertising 94