Technology & Marketing Law Blog

JANUARY 28, 2022

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 ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

Social Media 90

Social Media Ownership Contracts Privacy 90

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. And this case is just beginning. –Doe 1 v.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

OCTOBER 6, 2021

However, in distancing itself from the hardware ownership, it created ties with its ISPs that would play a role in patent venue considerations. The post The Legal Implications of Datacenter Location (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 117

Blogging Business Litigation Ownership 117

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 92

Blogging Social Media Television Fair Use 92

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors 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. Zen Path. * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright Office’s decision to deny Kashtanova copyright registration in their AI-generated art places artists’ rights to ownership of their works in question. The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Artwork 96

Artwork Blogging Art Copyright 96

Technology & Marketing Law Blog

MARCH 29, 2023

It took eight months, but the ownership question of the photographs has been settled. However, it is not what I expected for the first case to be finally determined: Section 512(f) and an ownership dispute between former business partners. Conclusion One case related to ownership and Section 512. It seems like it did.

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The next step is to determine whether ownership ever transferred to another party. Not a word on this from the appellate court.

Social Media 80

Social Media Ownership Designs Design 80

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. After negotiations between them fell apart, both parties sued, each claiming exclusive ownership of the movie footage. The court held that because each of them was seeking a declaration of sole ownership, the parties could not be joint authors. 1332 ].

Copyright 120

Copyright Blogging Publishing Fair Use 120

IPilogue

MARCH 14, 2022

The lawsuit so far contains many harsh comments about StockX, including that it “ has chosen to compete in the NFT market not by taking the time to develop its own intellectual property rights , but rather by blatantly freeriding, almost exclusively, on the back of Nike’s famous trademarks and associated goodwill.”.

Non-Fungible Tokens 122

Non-Fungible Tokens Ownership Intellectual Property Intellectual Property Law 122

Technology & Marketing Law Blog

JULY 25, 2022

In a previous blog post , I criticized the Second Circuit’s ruling as inherently self-contradictory. My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § If it’s still unclear, go back and read my previous blog post on Sohm for a more detailed explanation.).

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. We blogged this case twice before. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

Social Media 99

Social Media Ownership Branding Brands 99

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. 17-55844 (9th Cir.

Blogging 84

Blogging Copyright Settlement Ownership 84

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 99

Trademark Law Trademark IP Blogging 99

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

FEBRUARY 16, 2024

Introduction Mergers and acquisitions have incredibly taken a sharp stride in the Indian as well as the global market in today’s time. The Indian market till 2000 witnessed some major mergers and acquisitions post that the global credit crisis took a blatant hit on many major economies of the world.

Marketing 82

Marketing Marketing Business Ownership 82

IP Tech Blog

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. China is at the forefront of the AI development race.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

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 66

Ownership Licensing Copyright Fair Use 66

Intepat

MAY 16, 2024

Fundamentally, the capacity of blockchain technology to generate an immutable and transparent ledger makes it especially useful for documenting the production, ownership, and transfer of intellectual property rights. Request/Verify the IP Right Ownership: The Verifying Authority Can Check with the Blockchain Register.

IP 52

IP Intellectual Property Ownership Contracts 52

Patently-O

MARCH 12, 2023

The holding company trades on the Australian stock exchange with a market valuation of $1.8 With one firm having 32% of the Australian national phase market, you might think that conflicts would get a bit tricky. Collectively, this is about 1/3 of the Australian national-phase market. billion Australian dollars ($1.2

Patent 125

Patent Intellectual Property IP Marketing 125

Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content.

Artwork 98

Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

MAY 30, 2023

The case involves Vital Pharmaceuticals, which markets “performance energy drinks” a/k/a drinks that accelerate your death. Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.);

Social Media 80

Social Media Ownership Marketing Marketing 80

JIPEL Copyright Blog

DECEMBER 15, 2021

Because the functionality of tweed jackets blocks any company from claiming trademark rights over this particular type of product, it puts at risk the value and exclusivity Chanel has striven towards over the past century through continuing cycles of development and marketing of this tweed jacket.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

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. IP Challenges in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Technology & Marketing Law Blog

JULY 17, 2023

An Abitron employee had unearthed documents that suggested that Abitron (rather than Hetronic) had retained ownership of the trademarks in question after a series of business restructurings. Hetronic Doesn’t Go the Distance (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Trademark 70

Trademark Blogging Litigation Law 70

Technology & Marketing Law Blog

FEBRUARY 16, 2023

Twitter describes them as part and parcel of a fundamentally ‘different business vision articulated by the company’s new ownership.'” Twitter appeared first on Technology & Marketing Law Blog. Follow me on Mastodon.]

Ownership 94

Ownership Business Blogging Government 94

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

MAY 6, 2023

This isn’t a hard call: the court says “Simply put, the safe harbor defense requires an underlying act of user-directed storage… Because they disclaim ownership and control over the systems containing the Subject Images, CBM Defendants cannot now rely on the safe harbor defense.” Best Little Sites , 2023 WL 3212619 (D.

Ownership 99

Ownership Blogging Licensing Marketing 99

Technology & Marketing Law Blog

JANUARY 12, 2024

My angst-filled blog post on that ruling. ” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. 11, 2024) Selected Related Blog Posts * If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v.

Copying 75

Copying Ownership Derivative Work Contracts 75

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 103

Fair Use Cease and Desist Contracts Ownership 103

TorrentFreak

MAY 26, 2023

The lawsuit in question was filed by Applause Entertainment, the Indian company behind the TV-series “Scam 1992” The series covers the 1992 Indian stock market scam, adapted from Debashis Basu’s book The Scam. The TV production is licensed to Sony LIV and was a huge success.

Social Media 120

Social Media Copyright Infringement Ownership Fair Use 120

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

FEBRUARY 17, 2022

In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling. Some Related Blog Posts. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Apple appeared first on Technology & Marketing Law Blog. Are Individual Emoji Depictions Copyrightable?

Copyright 137

Copyright Copying Blogging Intellectual Property 137

IPilogue

MARCH 29, 2022

The 5 th Annual IP Data & Research Conference , organized by the Canadian Intellectual Property Office (“CIPO”) and the Centre for International Governance Innovation (“CIGI”), included a session on “Clean Technologies” about the status of Canada’s IP ownership and cleantech sector. Clean Technologies’ Economic Impact and Innovation.

Technology 122

Technology IP Intellectual Property Ownership 122

Kashishipr

FEBRUARY 16, 2022

Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. In contrast to IP assignments, which transfer the entire ownership of the IP asset, IP licensing provides only limited use. appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

Licensing 98

Licensing Business IP Ownership 98

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 97

Copyright Ownership Copyright Infringement Blogging 97