Blogging, Designs, Ownership and Privacy - Intellectual Property Pulse

Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. v Datafile Ltd. ,

Ownership

Ownership Intellectual Property Artwork Copyright Law

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media

Social Media Ownership Designs Design

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. The district court initially punted on the ownership question. Teamsters Loc.

Social Media

Social Media Ownership Branding Brands

Shielding Innovation: Understanding Copyright Protection for App Developers and Their Software

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection?

Copyright

Copyright Intellectual Property Ownership Intellectual Property Law

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

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. Maryland enacted a social media privacy law in 2021. SF Design Group.

Social Media

Social Media Contracts Ownership Business

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.

Cease and Desist

Cease and Desist Contracts Privacy Business

Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.

Intellectual Property

Intellectual Property Registration Trademark Personality Rights

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

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

Cease and Desist Fair Use Copyright Blogging

Copyright Ownership of Movies and Films in Canada: Who’s on First?

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership

Ownership Copyright Intellectual Property Designs

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. But not so, says the court.

Blogging

Blogging Licensing Privacy Copyright Notice

Buyer Beware: Delaware Declines to Enforce Sale of Business Non-Compete

LexBlog IP

JANUARY 19, 2023

In a companion blog , we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. Courts and state legislatures continue to take aim at post-employment non-competes. The restrictive covenant agreement with Adams was detailed and included limitations on geography and time.

Business

Business Ownership Blogging Designs

Generative AI Is Changing How We Do Business and How We Practice Law

IP Tech Blog

JULY 18, 2023

Other considerations for legal professionals abound, privacy being salient among them. Other industries, however, are far from a share and share alike attitude towards AI, and AI has posed challenging questions regarding intellectual property ownership across the creative fields of visual art, music, and writing.

Business

Business Law Social Media Reporting

Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas?

SpicyIP

SEPTEMBER 8, 2021

The blog has seen posts noting certain shortcomings of the TKDL in the past, such as here. The Report also does not elaborate on how it proposes to secure community protection for TK within the formal IP regime when the latter is almost exclusively designed to recognise individual contribution while according their works protection.

Reporting

Reporting IP Invention Government

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. appeared first on Biswajit Sarkar Blog. It also provides a cost-effective way to accelerate such processes.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. appeared first on Biswajit Sarkar Blog. It also provides a cost-effective way to accelerate such processes.

Technology

Technology Patent IP Invention

What is Blockchain Technology and has it been Patented?

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. appeared first on Biswajit Sarkar Blog. It also provides a cost-effective way to accelerate such processes.

Technology

Technology Patent IP Invention

Bracing for Impact 2022: AI for the Future of Health – Q&A

IPilogue

DECEMBER 5, 2022

Synthetic data as a workaround for privacy issues. As a potential means for government to provide easy access to data, Dr. Gaon proposed using synthetic data to facilitate access to data and solve privacy problems, citing a government-led project in Israel. David Vaver put forth concerns about IP ownership. Conclusion.

Privacy

Privacy Ownership Government IP

Who Owns Social Media Accounts?–In re Bang Energy Drinks

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. So the accounts remain in limbo for now.

Social Media

Social Media Ownership Marketing Marketing

SpicyIP Weekly Review (July 12 – 18)

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

Advertising

Advertising Advertising Non-Fungible Tokens Intellectual Property

A Look Back at India’s Top IP Developments of 2021

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. The Kerala High Court had recognised a petitioner’s right to privacy and reputation while seeking the removal of their name from judgments published on IndianKanoon.

IP

IP Intellectual Property Copyright Trademark

The Parties’ Plans for IP: CPC & NDP

IPilogue

AUGUST 31, 2021

Privacy Policy. Pass strong legislation to protect privacy more effectively. Work to strengthen privacy protections for Canadians by updating privacy legislation to include a digital bill of privacy rights and boost the powers of the Privacy Commissioner to make and enforce orders, as well as levy fines and penalties.

IP

IP Privacy Social Media Intellectual Property

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. This was erroneous.

Social Media

Social Media Ownership Contracts Privacy

City Government Can’t Remove Off-Topic Comments to Its Social Media Account–Kimsey v. Sammamish

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

Social Media

Social Media Government Designs Design

Anti-TikTok Political Stunts Fail in Montana and Indiana Courts

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. Second, the court says the ban facially discriminates against non-Montanans because it goes away if TikTok changes ownership.

Social Media

Social Media Privacy Law Publishing

Intellectual Property Pulse

Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Trending Sources

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Shielding Innovation: Understanding Copyright Protection for App Developers and Their Software

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Safeguarding Personal Names

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Copyright Ownership of Movies and Films in Canada: Who’s on First?

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Buyer Beware: Delaware Declines to Enforce Sale of Business Non-Compete

Generative AI Is Changing How We Do Business and How We Practice Law

Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

What is Blockchain Technology and has it been Patented?

Bracing for Impact 2022: AI for the Future of Health – Q&A

Who Owns Social Media Accounts?–In re Bang Energy Drinks

SpicyIP Weekly Review (July 12 – 18)

A Look Back at India’s Top IP Developments of 2021

The Parties’ Plans for IP: CPC & NDP

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

City Government Can’t Remove Off-Topic Comments to Its Social Media Account–Kimsey v. Sammamish

Anti-TikTok Political Stunts Fail in Montana and Indiana Courts

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