Technology & Marketing Law Blog

MARCH 9, 2024

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. FWIW, “Slog to Blog” would make a good band name.] So I’m not on the same wavelength as the court about the “common meaning” of a telephone call. What about a Zoom meeting?

Blogging 89

Blogging Publishing Technology Marketing 89

The TTABlog

JUNE 10, 2022

However, if the evidence of record, when viewed in its totality, constitutes a mixed use of a term as both the generic name of the goods or services and as a source indicator for such goods or services, then such evidence would not demonstrate that the primary significance of the term is the generic name of the goods or services.

Registration 87

Registration Journalism Trademark Designs 87

Velocity of Content

JULY 26, 2022

This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.) See also: RC Cola, Polar Cola, Jolt!—and and so on. )

Trademark 98

Trademark Government Copyright Service Mark 98

Velocity of Content

APRIL 26, 2022

That strikes me as certainly a worthy and intriguing topic, but before saying more about why I’m inclined to think so, I think the terms used could probably stand a little unpacking first. Many of us remember thinking, “I can write a song like that!” This statement resonates with me.

IP 98

IP Intellectual Property Social Media Music 98

Traverse Legal Blog

APRIL 19, 2022

What happens when someone registers your trademark or personal name on these web3 extensions? Let’s talk about trademark protection and domain names. If you are a brand or trademark attorney, you may already know about cybersquatting. domain name system 9.com,net,edu,xyz) Cyberquatting Domain Names.

Branding 140

Branding Brands Branding Trademark 140

IPilogue

FEBRUARY 22, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. This was an amazing opportunity since the IP realities of start-ups are quite different than the IP we learn from a textbook, or even the IP experienced from a law firm perspective.

IP 106

IP Blogging Technology Patent 106

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named plaintiff created a WSBTV account by opting to log in using Facebook. CMG appeared first on Technology & Marketing Law Blog. CMG Media Corp.

Privacy 88

Privacy Litigation Marketing Marketing 88

Traverse Legal Blog

MARCH 8, 2022

My name is NFT lawyer Enrico Schaefer. Today, we’re going to talk about non-fungible tokens (NFTs). Think Before Your NFT Launch. Just like “Nike” can protect its brand name, so can every NFT project if you set your foundation correctly. Think about fake Louis Vuitton handbags.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Velocity of Content

APRIL 11, 2023

In the remainder of this blog post, I am going to describe some of the approaches we use to understand the quality of our data, specifically our Ringgold organization data. You can think of data quality as akin to FAIR. Data Quality Dimensions When we examine the quality of our data, we define quality across different dimensions.

Publishing 98

Publishing Blogging Business Copyright 98

Dragons' Den

APRIL 26, 2023

We spoke to Hannah about her success as a woman in business and how registering her IP has helped her protect and add value to her brand, ‘Toddle Born Wild’. I looked at different routes to market, selling online to consumers initially. I do think women need a mindset change though. As women, you can't be what you can't see.

Business 52

Business IP Intellectual Property Designs 52

Patent Trademark Blog

MARCH 24, 2022

Now that we know what intellectual property is , let’s talk about how to protect intellectual property. If you think of IP as an asset, then it makes sense. Perhaps we might think of securing our belongings – our tangible assets – to protect them from being stolen or used without our permission.

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

Technology & Marketing Law Blog

JANUARY 21, 2024

And it does not appear that it could do so as Schedule A to the Complaint alleges the Defendants have different websites and different names, and Mr. Rollins’ declaration in support of the TRO indicates Defendants are from different countries. This is one of many maddening corner-cuts that plague the N.D.

Copyright 78

Copyright Design Patent Trademark Designs 78

Technology & Marketing Law Blog

AUGUST 1, 2023

Neither Time nor BuzzFeed was named as a defendant. That copy is “displayed” to others: it is “show[n] … by means of … [a] device or process,” namely, the embedding of HTML code and subsequent transmission. I think this ruling reinforces why the CJPA is preempted by federal copyright law. See the screenshot on the right).

Blogging 95

Blogging Copying Social Media Copyright 95

SpicyIP

JANUARY 18, 2023

Why all this philosophical fodder suddenly on an IP blog … . As per the Court, it includes “ data concerning the names of the party/parties and identifying their cause before the Court. ” As per the Court, it includes “ data concerning the names of the party/parties and identifying their cause before the Court. ”

Publishing 118

Publishing Privacy Reporting Journalism 118

Erik K Pelton

MARCH 11, 2022

About Erik M. Generally, there are two different types of scams that are sent to trademark owners: (1) solicitations to have a trademark listed in a “directory” or publication and to have it “monitored” for a fee, and (2) fraudulent warnings about key trademark maintenance deadlines, including registration renewals. [1]

Government 147

Government Business Trademark Blogging 147

Intellectual Property Office Blog

NOVEMBER 28, 2022

We spoke to their CEO Tom de Pelet about how Hornit has grown and how intellectual property rights have strengthened his business. When you think of a bike rack, you may envisage the large metal poles that are dotted around our town centres. This is exactly what Tom did, which helped him when applying for Hornit as a brand name.

IP 103

IP Business Branding Brands 103

Technology & Marketing Law Blog

AUGUST 26, 2022

[Note: this opinion is over 25,000 words long, which helps explain why it’s taken me until now to blog it. Essentially, Defendants are being sued for allegedly gathering information about Plaintiffs, and others, without their consent and displaying it on the Website to promote a subscription service. Section 230.

Advertising 86

Advertising Advertising Blogging Reporting 86

LexBlog IP

AUGUST 16, 2022

One of her last assignments was to write two blog posts about her experiences with us this summer. As you will see, I think she is gunning for ice cream, too. Hello, My name is Karen Perez-Wilson, I am a second-year law student at the University of Wisconsin Law School. She has been an absolute pleasure.

Blogging 52

Blogging Law Intellectual Property 52

Patent Trademark Blog

FEBRUARY 16, 2022

A few options exist, but they go by different names and they pertain only to utility nonprovisional patent applications. Patent Protest vs. Preissuance Submission: Differences in timing. The timing of a patent protest begs the question: How would a protestor know about a patent application that has not yet been published?

Patent Application 52

Patent Application Patent Trademark Art 52

Intellectual Property Office Blog

OCTOBER 15, 2021

The IPO Business Engagement team frequently attends trade shows and business events across the UK to support sectors and advise on different aspects of intellectual property. We received lots of questions about photography, copyright, and the ways in which you can protect your creative labours. More information is available here.

Artistic Work 111

Artistic Work Intellectual Property Social Media Copying 111

Velocity of Content

DECEMBER 16, 2021

If your name wasn’t “Scotty” or “Kirk”, where would you even get one? Readers of this blog might wonder what this quaint vignette has to do with copyright. Roll the decades forward to the present, and the technology aspect of such vehicles is rather different. It might even “call home” about it. Well . . . .

Copyright 105

Copyright Contracts Law Ownership 105

Plagiarism Today

OCTOBER 25, 2021

Just over the sixteen years I’ve been writing for this site, there’s been a marked increase in the number of news stories about plagiarism and the amount of interest in the topic. Previously, one would have to do a great deal of work not just finding content to plagiarize but retyping it to distribute it under their name.

Plagiarism 241

Plagiarism Social Media Copying Publishing 241

Technology & Marketing Law Blog

AUGUST 6, 2022

I’ve blogged SO MANY similar cases since 2005 (see the list of posts below). It contained his full name, identified his occupation as a biology teacher at Freeland High School, identified his wife and children, and included real pictures of him and his family. I don’t think that’s right. Rather, H.K.

Blogging 72

Blogging Publishing Litigation Marketing 72

azrights

MAY 10, 2022

Not knowing what you don’t know can blindside you and differs for all of us based on our worldly experiences. Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. This isn’t about how you are going to do good deeds.

Business 98

Business Branding Brands Branding 98

azrights

JUNE 27, 2023

If the company decides to alter its name or visual identity, or to engage in creative advertising, or new marketing campaigns, the brand manager brings in the right legal, regulatory or IP support. Even Apple and MacDonalds experienced this in the EU recently, losing their Think Different and Big Mac registrations.

Branding 52

Branding Brands Branding Business 52

Technology & Marketing Law Blog

AUGUST 14, 2023

Similarly, Defendant’s tweet stating that Plaintiff “bragged to his @YouTube followers about illegally obtaining [Defendant’s] social security number” contained a link to a YouTube video. I’ve blogged several cases where courts have given online speakers wide latitude so long as they linked to their sources (e.g.,

Social Media 70

Social Media Blogging Licensing Litigation 70

Kashishipr

MARCH 16, 2022

In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer. Copyright safeguards the original works of authorship like music and lyrics, novels, software, paintings, to name a few. Trademarks.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

Technology & Marketing Law Blog

APRIL 8, 2023

Note: the differences between the two techniques may be legally inconsequential, because a service may want a confirmation that the person presenting the government documents is the person requesting access, which may essentially require a review of their face as well.]

Privacy 125

Privacy Law Contracts Designs 125

Technology & Marketing Law Blog

DECEMBER 29, 2022

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. I was just talking about Judge Kozinski’s similar server!) Epple allowed about 13 classmates, including Chen, to follow the private account. I mean…I guess?

Blogging 91

Blogging Social Media Copying Licensing 91

LexBlog IP

APRIL 5, 2022

Last week I talked about how clients say they don’t know the difference between trademarks and copyrights. It cares if someone came up with a creative way to tell you about something. For example, this blog post is subject to copyright. You read this and think, “Yeah! I am here to solve that issue.

Blogging 40

Blogging Trademark Copyright Music 40

The IP Law Blog

NOVEMBER 12, 2021

According to Cleveland Roller Derby, a non-profit entity, despite being valued at over $1 billion, the baseball team is trying to bulldoze the roller derby team’s superior trademark rights to the Guardians name. I think that both sides have reasonably strong arguments. This lawsuit is interesting to say the least.

Trademark 98

Trademark Social Media IP Intellectual Property 98

azrights

JUNE 19, 2023

Tesco made a big mistake when it launched its innovative loyalty card scheme under a name it could not own. The brand name is a prime way to protect innovations. The brand name is a prime way to protect innovations. In Tesco’s case the name was the ONLY protection that could safeguard its differentiation strategy.

Branding 52

Branding Brands Branding IP 52

LexBlog IP

AUGUST 14, 2023

In this blog post, we explore the definition of trademarks, their significance, and the myriad elements that fall under their purview. Think of renowned brand names like Coca-Cola or Google. The Adidas logo, which incorporates the brand name and distinctive three stripes, is a classic combined mark.

Trademark 40

Trademark Branding Brands Branding 40

azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. You might think of sand, or coal or salt when you think about a commodity because these are classic commodities. A brand is a name that people associate with a set of perceptions.

Branding 52

Branding Brands Branding Trademark 52

IP Tech Blog

NOVEMBER 30, 2022

In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. AJ Press also developed a logo to use in connection with its name.

Branding 57

Branding Brands Branding Fair Use 57

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. How did that come about? ” “There is a difference between zealous advocacy and objectively unreasonable litigation tactics. More Posts About Keyword Advertising. *

Trademark 98

Trademark Advertising Advertising Litigation 98

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. So, I now assume a marketer or designer knows little about IP until I’m proved wrong. It’s on the brand owner who is trying to enforce their rights.

Branding 52

Branding Brands Branding Marketing 52