IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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. This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

MARCH 8, 2024

Without hearing from the defense, the adjudicators are far too likely to find over-infringement and give insufficient credit to the defenses (such as the first sale defense for used/gray market goods). StopTheSADScheme Prior Blog Posts on the SAD Scheme Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. Market Reach & Presence.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

Intellectual Property 105

Intellectual Property Designs Design Design Patent 105

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 64

Ownership Licensing Copyright Fair Use 64

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

Nelligan Law

FEBRUARY 20, 2024

Today, tattoos serve as deeply intimate expressions of identity and selfhood, with each design narrating a unique tale and mirroring the innermost musings, sentiments, and escapades of the wearer. At the crux of both cases lies the conundrum of copyright ownership and infringement. The repercussions of the Kat von D and S.

Copyright 79

Copyright Fair Use Copyright Law Settlement 79

Technology & Marketing Law Blog

OCTOBER 8, 2021

The plaintiffs claim copyright ownership in wedding dress designs. Cloudflare appeared first on Technology & Marketing Law Blog. They also claim that knockoff retailers are infringing those rights. The district court grants summary judgment to Cloudflare.

Copyright 95

Copyright Ownership Copyright Infringement Blogging 95

IPilogue

MARCH 9, 2022

Behind every video game, there is a video game designer. And behind every designer, there is a publisher. In Sony’s case, it is likely more cost-efficient to purchase Bungie and gain some ownership over its future games than to create games itself for its PlayStation consoles. billion USD.

Intellectual Property 103

Intellectual Property Ownership Publishing Designs 103

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. ” This is clearly wrong. MGA Entertainment.

Copyright 126

Copyright Cease and Desist Fair Use Litigation 126

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox * Surprise!

Fair Use 63

Fair Use Cease and Desist Copyright Ownership 63

IPilogue

DECEMBER 23, 2021

Gibson and Fender’s signature craftsmanship and quality declined dramatically due to changing economic circumstances, decisions to cut material costs (while keeping a high price point), and new ownership. American-made guitars had largely dominated the market in the 50s and 60s. In 1977, Gibson sued Ibanez’s US distributor Elger Co.

Music 106

Music Designs Design Settlement 106

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

U.S. Department of Commerce

MARCH 24, 2023

Fast forward to an event in my own lifetime, where the Women’s Business Ownership Act of 1988 secured the right for women to get a business loan without a male co-signer. This blog post is part of a series showcasing the women leaders from across the U.S. Department of Commerce in honor of Women's History Month.

Business 124

Business Technology Ownership Blogging 124

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Fair Use 96

Fair Use Cease and Desist Copyright Trademark 96

Kashishipr

JULY 27, 2022

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. This type of merger transaction helps increase the market size of the business. Now let us define IPRs. Understanding Mergers. Understanding Acquisitions.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

Technology & Marketing Law Blog

AUGUST 18, 2022

Start with my prior blog post. I’m simplifying a lot–see my prior blog post for the gory details). Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. The Lower Court Ruling. This is a messy case with complex facts.

Fair Use 103

Fair Use Cease and Desist Copyright Blogging 103

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. “Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” ” UGH, no.

Fair Use 129

Fair Use Television Cease and Desist Copyright 129

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Defendant had not obtained the Deposit Design from the Copyright Office. 512(f) is a cause of action for abusive takedown notices.

Registration 110

Registration Fair Use Copyright Designs 110

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. SF Design Group. Fredman Design Group. DLB-21-401 (D.

Social Media 79

Social Media Contracts Ownership Business 79

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers.

Branding 52

Branding Brands Branding Copying 52

Technology & Marketing Law Blog

MARCH 6, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Babybus appeared first on Technology & Marketing Law Blog.

Fair Use 95

Fair Use Cease and Desist Copying Copyright Infringement 95

Intepat

JUNE 22, 2023

Testing the System – Applying the developed franchising system in at least one pilot unit in the same or similar market can help in testing the operational aspects of the business and in perceiving the possible defects before the launch of franchising. The size of the potential market. The purchasing power of the potential customers.

Intellectual Property 52

Intellectual Property Due Diligence Marketing Marketing 52

Kashishipr

OCTOBER 19, 2022

A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Having a Trademark Registration in place shall provide you with exclusive rights over its ownership and usage.

Trademark 52

Trademark Branding Brands Branding 52

Kluwer Copyright Blog

JUNE 9, 2022

In interpreting these provisions, the Commission’s Guidance (COM/2021/288 final) states that information is considered “relevant” if it is at least “accurate about the rights ownership of the particular work or subject matter in question”. fingerprinting” and “metadata-based solutions”).

Technology 96

Technology Marketing Marketing Copyright 96

LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting. What is an NFT?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Kashishipr

JULY 21, 2021

The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., Counterfeit goods can include fake designer clothes, bags, watches, accessories, perfumes, pirated DVDs, CDs, smartphones, computer games, and many more. Counterfeit Products Online.

Branding 105

Branding Brands Branding Cease and Desist 105

SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. Aparajita is a lawyer based in Bangalore. Aparajita Lath.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

DECEMBER 12, 2021

StubHub case, and Justice Thomas’ unhinged blog post in the Malwarebytes case. These “bad design” arguments to work around 230 have been rejected repeatedly. After some unspecified number of trades, the gun ends up in Legghette’s hands, even though he was barred from gun ownership due to prior convictions.

Copyright Infringement 114

Copyright Infringement Publishing Designs Design 114

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Garrigues Blog

OCTOBER 26, 2022

In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs. District Court for the Southern District of New York for designing, minting and offering handbags inspired by Hermès’ famous Birkin handbag, under the name “MetaBirkins”.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52