Erik K Pelton

MAY 30, 2022

30The following is a transcript of my video Red Flags for Any Trademark Application. Because it’s related to social media, I only learned about it because of my children and my family, but a lot of posts about red flags use the red flag icon or emoji, and then warning signs about a particular topic. That sends a red flag.

Trademark 147

Trademark Social Media Branding Brands 147

Technology & Marketing Law Blog

FEBRUARY 18, 2024

However, Squishmallow also sued Alibaba and AliExpress. It is baffling to see how acquiescent judges can be when it comes to obvious deficiencies of the SAD Scheme. In a ruling I didn’t previously blog, the judge also enjoined the Alibaba and AliExpress marketplaces from aiding-and-abetting merchants’ infringements.

Blogging 86

Blogging Advertising Advertising Trademark 86

IIPRD

JULY 4, 2021

We live in a Gen-Z world, where conversations begin, emotions are expressed with emoji! With the rapid shift from a non-technological world to a world of techno-freaks, the importance of emoji has grown immensely and now, they form a part of the way of expression of human interaction.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

The IPKat

JULY 23, 2023

Trademarks Anna Maria Stein analyzed the decision of the Board of Appeal (BoA) of the EUIPO stating that the emoji communicating “I love you” cannot constitute a trade mark. The full note can be found here.

Copying 52

Copying IP Business Registration 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

If Congress were well-functioning, draft bills going into markup would be circulated a reasonable time before the hearing, so that we can properly analyze them on a non-rush basis, and clearly marked as the discussion version so that we’re not confused by which version is actually the current text.].

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

FEBRUARY 23, 2024

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. that something needs to change, then it can change quite quickly. Office can also react if not happy w/court decisions. Most important countervailing factor: competence.

Registration 59

Registration Branding Brands Branding 59

43(B)log

FEBRUARY 24, 2024

It’s also cheaper, and Amazon is notoriously cheap. Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. AI modeling is also imagining what consumers want to see. TMs may not matter as much with these other proxies, but they’re also noisy proxies.

Fair Use 45

Fair Use Branding Brands Branding 45

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

The IPKat

JULY 14, 2023

According to the decision of 1 st June 2023 ( original German version and English machine translation ) by the Board of Appeal (BoA) of the EUIPO, the emoji meaning “I love you” cannot constitute a trade mark. The hand sign generally shows a right hand, but there are also variations with a left-hand hand.

Contracts 52

Contracts Trademark Intellectual Property Law Intellectual Property 52

Corsearch

NOVEMBER 28, 2023

They’re not always outside of your supply chain either – they can be ‘insiders’ creating more supply than contracted or selling outside of agreed markets. Print-on-demand and customized goods also see a ‘titanic’ boom during the Golden Quarter as there are no warehouse or production issues. Table of contents : • What is a bad actor? •

Branding 52

Branding Brands Branding Cease and Desist 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. The Court concludes that the simple use of a word frequently used in relation to animal-based meats does not make use of that word in a different context inherently misleading. dotStrategy Co v. Meta Platforms, Inc.,

Privacy 98

Privacy Marketing Marketing Social Media 98

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Instead of surveys, can we look at things like Google results or large text databases reflective of use in a particular community? Some objections go to the weight of the evidence.

Trademark 72

Trademark Marketing Marketing Advertising 72