The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MAY 30, 2023

The employee-protection social media laws have mostly faded from memory, but they did not resolve when a social media account was the employer’s or employee’s. A decade late, we are still waiting for the case law to answer that question. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.); Christou v.

Social Media 78

Social Media Ownership Marketing Marketing 78

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

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 61

Personality Rights Privacy Social Media Intellectual Property 61

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 98

Advertising Advertising Trademark Settlement 98

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

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 73

Registration Trademark Blogging Law 73

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.

IP 105

IP Law Intellectual Property Privacy 105

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

Registration 118

Registration Blogging Trademark Privacy 118

Technology & Marketing Law Blog

JANUARY 28, 2022

Our first post on this topic, blogging the dispute over the @OMGFacts Twitter account , was over ten years ago!) We’ve blogged about state laws directed at ownership of (and privacy regarding) employee social media accounts. The Spectacular Failure of Employee Social Media Privacy Laws. Christou v.

Social Media 89

Social Media Ownership Contracts Privacy 89