Blogging, Designs, Privacy and Trademark Law - Intellectual Property Pulse

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Trademark Law

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design. This ruling highlights the legal risk.

Trademark

Trademark Contracts Blogging Fair Use

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

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Plagiarism Today

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

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. The court relies on two decisions: (1) In re CTLI, a bankruptcy ruling from 2015 blogged here: “ Company’s Social Media Accounts Transferred in Bankruptcy ” and (2) Int’l Bhd. SF Design Group.

Social Media

Social Media Ownership Branding Brands

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.

Ownership

Ownership Intellectual Property Artwork Copyright Law

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

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. A new frontier for a trade war.].

Trademark

Trademark False Advertising Advertising Advertising

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

It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. What about employee social media laws? Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. Social Media and Trademark Law” Talk Notes.

Social Media

Social Media Contracts Ownership Business

SpicyIP Weekly Review (January 17- January 22)

SpicyIP

JANUARY 23, 2023

here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. After a week full of interesting IP developments and some very interesting orders (!),

Designs

Designs Design Invention Registration

2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP Intellectual Property Social Media Cease and Desist

Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights

Personality Rights Privacy Social Media Intellectual Property

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

Technology & Marketing Law Blog

MAY 30, 2023

Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM SF Design Group Courts Says Employer’s Lawsuit Against Ex-Employee Over Retention and Use of Twitter Account can Proceed–PhoneDog v. Kravitz An Update on PhoneDog v. Christou v.

Social Media

Social Media Ownership Marketing Marketing

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

ccBill held that “intellectual property” meant only “federal intellectual property” because otherwise this exception would expose Internet services to heterogeneous state laws that they couldn’t manage. Facebook appeared first on Technology & Marketing Law Blog.

Intellectual Property

Intellectual Property Trademark Marketing Marketing

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 Intellectual Property Copyright Trademark

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

Advertising

Advertising Advertising Trademark Settlement

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases.

Registration

Registration Trademark Blogging Law

[Sponsored] Faculty at UNH Franklin Pierce On Emerging Spheres of IP law.

SpicyIP

OCTOBER 11, 2022

Q: What do you think is an emerging field or topic in IP law that future lawyers should focus on? Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). These Technology Marketplaces raise a variety of concerns including privacy and antitrust. Don’t get me started.

IP Law Intellectual Property Privacy

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. Gutman gave JLM the “exclusive” right to use her name in connection with bridal wear for the term of the agreement and two years following (provided she participated in the design of such clothing).

Social Media

Social Media Ownership Contracts Privacy

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

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

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

Safeguarding Personal Names

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

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

SpicyIP Weekly Review (January 17- January 22)

2023 IP Resolutions Start with a Review of IP Assets

Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

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

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

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

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

[Sponsored] Faculty at UNH Franklin Pierce On Emerging Spheres of IP law.

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

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