IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Thus, brands or companies that have a de facto monopoly in the market with respect to a particular product are likely to go through trademark genericide. In Elliot v.

Trademark 84

Trademark Cease and Desist Branding Brands 84

IP Tech Blog

OCTOBER 28, 2021

Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. Amazon.com, Inc.,

Social Media 120

Social Media Copyright Copyright Infringement Copying 120

IP and Legal Filings

JANUARY 24, 2023

In this article I will look into two main questions, firstly, who owns/ who should own the copyright in AI (ii) whether AI satisfies the criteria of human element in AI. 5] In USA, the court in the case of Fiest Publication Inc. Jackson, Introduction to Artificial Intelligence (1 Dover Publications, Inc. SYDNEY, Oct.

Copyright 91

Copyright Ownership Artistic Work Intellectual Property 91

IP and Legal Filings

OCTOBER 12, 2022

As such, IP protection of jewelry is crucial for jewelry companies for a variety of reasons. The Design Act defines “design” under Section 2(d) and it includes various features of a two dimensional as well as three dimensional article that has been created by any industrial process or means. Position of Jewelry Protection in India.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

MARCH 19, 2024

This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction. This article aims to dissect the nuances of trademark restrictions, focusing on the ineligibility of everyday language for monopolistic control. [i] yahoo india!

Branding 52

Branding Brands Branding Intellectual Property 52

IP and Legal Filings

JANUARY 24, 2022

A foreign company can set up a business in India under the Companies Act, 2013 as a Wholly Owned Subsidiary, Joint Venture or Associate Company or by setting up a Liaison Office, Project Office, or Branch Office of the foreign Company. WHAT IS A WHOLLY-OWNED SUBSIDIARY COMPANY? Image Source: gettyimages].

Business 73

Business Registration Licensing Reporting 73

43(B)log

JULY 3, 2023

Zuluaga claimed first use of Zenú in 2011; the predecessor company applied to register the mark in 2013, with specimens using actual images of Industria’s products (though Zuluaga claimed lack of knowledge either of Industria or the specimens filed on its behalf by a filing service).

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

MARCH 13, 2023

[Image Sources : Shutterstock] Analysis Of The Case The factual matrix of this case revolved around two writ petitions that were filed by the Japanese multinational Bridgestone Corporation and the American Company Allergen Inc. Refrences [i] WP(C)-IPD 55/2021 & WP(C)-IPD 76/2021. Date of Decision 12.10.22

Business 59

Business Designs Design Trademark 59

IP and Legal Filings

OCTOBER 31, 2023

Company in 2011 submitted its four trademark applications to the US Patent and Trademark Office (USPTO) for the use of “BOOKING.COM” as a word trademark. The court ruled that simply adding terms like “Company” or “Inc.” 2020) Articles/Readings College of Law Research Paper No. trademark law.

Trademark 59

Trademark Trademark Law Registration Fair Use 59

43(B)log

FEBRUARY 23, 2023

Meta Platforms, Inc., Dfinity argued that there were “multi-colored versions of” the Meta mark: But the source for that allegation was an article called “Designing our new company brand: Meta” which describes the process of creating the new mark. Dfinity Found. 2022 WL 16857036, No. 22-cv-02632-CRB (N.D.

Designs 59

Designs Design Registration Trademark 59

LexBlog IP

OCTOBER 28, 2021

Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. Amazon.com, Inc.,

Social Media 52

Social Media Copyright Copyright Infringement Copying 52

IP and Legal Filings

APRIL 8, 2022

Companies in today’s digital environment rely heavily on Click wrap Contracts. Click wrap Contracts can be used between employers and employees as well as between companies and third parties. Another noteworthy case is Hotmail Corporation vs. Van$ Money Pie Inc. Google, Inc. – Bragg v Linden Research, Inc.,

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

APRIL 8, 2022

Companies in today’s digital environment rely heavily on Clickwrap Contracts. Clickwrap Contracts can be used between employers and employees as well as between companies and third parties. Another noteworthy case is Hotmail Corporation vs. Van$ Money Pie Inc. Google, Inc. – Bragg v Linden Research, Inc.,

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

JULY 13, 2022

Modicum of Creativity: In the case of Feist Publication Inc. Till now, this article has focused on the ambit of copyright protection in a relatively generic manner. However, in 2003, with the case of Eastern Book Company v. Narayani Trading Company and Asian Paints (I) Ltd v. Uni-Sole Pvt Ltd.

Copyright 67

Copyright Artistic Work Designs Design 67

Copyright Lately

AUGUST 2, 2022

Over the weekend, Bridgerton fans on TikTok and Twitter weighed in, with a surprising number of them blasting Netflix for waiting until Barlow & Bear turned a profit before bringing suit: Ok, But What If Netflix Was Right? Metro-Goldwyn-Mayer, Inc. Metro-Goldwyn-Mayer, Inc. , Netflix disagrees. Petrella v. 1962, 1976 (2014).

Music 106

Music Derivative Work Fair Use Cease and Desist 106

Technology & Marketing Law Blog

AUGUST 1, 2023

Columbia Artists Management, Inc. , These definitions have also been adopted by the Ninth Circuit, see Fonovisa, Inc. Cherry Auction, Inc. , See Metro-Goldwyn-Mayer Studios, Inc. Amazon.com, Inc. , In Goldman , the plaintiff’s photograph was reproduced (without authorization) in several tweets on Twitter.

Blogging 97

Blogging Copying Social Media Copyright 97

IP and Legal Filings

OCTOBER 30, 2023

This distinctiveness can be inherent, as in the case of “Colgate” being inherently distinctive for toothpaste because the word has no apparent connection to toothpaste, allowing consumers to easily differentiate the products and services from those of other companies. It has its own name –Tiffany blue.

Trademark 86

Trademark Branding Brands Branding 86

IIPRD

JULY 4, 2021

The article attempts to answer this question of the readers in the simplest way with the help of real-time examples. The first to receive an emoji trademark protection was Despair Inc. ’ Another example of this may be a case wherein the year 2019, Marc Jacobs was sued by Nirvana, a clothing company, for violation of her mark.

Intellectual Property 40

Intellectual Property Copyright Law Trademark Trademark Law 40

IP and Legal Filings

NOVEMBER 8, 2022

6] Some of the technologies include blind spot monitoring system, which is termed differently by various companies. Companies like Volvo, Google and Mercedes- Benz had vowed to be fully liable in cases of accidents arising out of their Autonomous driving abled vehicles. [20]

Privacy 52

Privacy Technology Government Designs 52

Technology & Marketing Law Blog

JULY 5, 2021

Floor and Decor Outlets of America, Inc., And it is assessed not by viewing acts in isolation but upon the totality of the evidence, including their timing… * Caraway Home, Inc. Pattern Brands, Inc., ” * Snyder’s Lance, Inc. ” * RVC Floor Decor, Ltd. 2021 WL 1163117 (E.D.N.Y. March 18, 2021).

IP 86

IP Social Media Fair Use Branding 86

Technology & Marketing Law Blog

AUGUST 22, 2021

” My article (with Jess Miers) regarding account termination/content removal cases will come out imminently, perhaps as early as this week. Facebook, Inc., When It Came to @RealDonaldTrump, Twitter Couldn’t Please Everyone–Rutenberg v. Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v.

Social Media 126

Social Media Publishing Blogging Marketing 126

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

A few years later, when Plaintiffs were still in high school, links to the Videos were posted on Twitter. This is a confounding case because it’s hard to believe that Twitter would knowingly leave up CSAM. There has to be more to this story. TVPRA Sex Trafficking Claim. Confusion among judges is hardly surprising.

Blogging 112

Blogging Publishing Social Media Advertising 112

LexBlog IP

AUGUST 2, 2022

” In REXA Inc. Washington state’s Attorney General wants a piece of the action and announced this month that it had successfully brought an Ohio-based company, Tradesman International, LLC, to heel for its use of unlawful restrictive covenants against low wage employees.

Social Media 52

Social Media Ownership Intellectual Property Blogging 52

IP and Legal Filings

MARCH 1, 2023

This article talk about the National IPR Policy which envisages a single platform for all the different types of IPR, for example, patent, trademark, copyright etc. REFRENCES [i] Bajaj Auto Ltd vs. TVS Motor Company Limited 2009 [ii] Yahoo!, Both agreements are governed by the World Intellectual Property Organization. Ltd & Ors.

Intellectual Property 68

Intellectual Property IP Government Invention 68

IPilogue

SEPTEMBER 3, 2021

In order to keep abreast of the latest in IP and technology in Canada and around the world, and to learn more about IP Osgoode’s events and activities, please subscribe to the IPIGRAM and follow us on LinkedIn , Twitter , and Facebook. For more information about submitting articles to the IPilogue, click here. IP Innovation Clinic.

IP 81

IP Intellectual Property Intellectual Property Law Patent Application 81

The IPKat

MARCH 27, 2022

For anyone who has spent hours doom scrolling on Instagram or Twitter, and your algorithm is set up like the AmeriKat's, you may have seen ads for leather riding boots. One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor.

Designs 52

Designs Design Copying Art 52

TorrentFreak

JUNE 17, 2022

While that element was later suspended , the injunction also prohibits any company (ISPs, webhosts, CDN providers, DNS providers, domain companies, advertising services, financial institutions, payment processors) from doing any business with the sites, now or in the future. ” the company’s opposition reads.

Copyright 129

Copyright Business Copyright Infringement Copyright Law 129

Technology & Marketing Law Blog

APRIL 16, 2023

The opinion summarizes the allegations: Defendants Twitter, Inc. and its CEO, Elon Musk, violated his First Amendment rights by blocking his Twitter account twice, for a period of seven days each, in February and March 2023. For a roundup of failed account termination and content removal cases, see this article.

Social Media 104

Social Media Government Publishing Blogging 104

Technology & Marketing Law Blog

MAY 8, 2022

Both Facebook and Twitter restricted Hart’s account access due to various posts over COVID, masking, and other culture war issues. “Facebook and Twitter made contemporaneous statements that they took action because they concluded that Hart had violated company policy,” not because of any government directives. .

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Social Media Government Publishing Blogging 100

Technology & Marketing Law Blog

JULY 11, 2021

. * NY Times : Mark Zuckerberg and Sheryl Sandberg’s Partnership Did Not Survive Trump. * “ False Accusation: The Unfounded Claim that Social Media Companies Censor Conservatives.” Facebook, Inc. Olympia Companies, LLC, 136 Nev. NY Times : Nigeria Bans Twitter After President’s Tweet Is Deleted. * Owens v.

Privacy 71

Privacy Social Media Government Confidentiality 71

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. Simon & Schuster, Inc. Random House, Inc. , Penthouse Int’l, Inc. , Harper & Row Publishers, Inc.

Copyright 123

Copyright Blogging Publishing Fair Use 123

Technology & Marketing Law Blog

JUNE 20, 2022

Wired : Russia Blocks Facebook and Twitter in a Propaganda Standoff. Bloomberg : Russia Steps Up Pressure on Google, Meta With Record Fines: Russia has stepped up its confrontation with foreign social media and internet companies this year in what the government calls a campaign to uphold its digital sovereignty. 30118(a) and 11 C.F.R.

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Social Media Government Law Reporting 103

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

The court says the statutory definition of “social media company” is impermissibly vague, especially its reference to a service’s “primary purpose.” David Boyle, Snapchat’s Senior Director of Products, stated in his Declaration that he was not sure whether his company would be regulated by Act 689.

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Social Media Privacy Law Government 127

Technology & Marketing Law Blog

JANUARY 9, 2023

Twitter , easily rejects the argument. As in the Twitter case, the Court ‘declines to accept such speculative and conclusory allegations as grounds for a declaratory judgment claim.’…The For more on lawsuits over account terminations and content removal, see this article. Section 230’s Constitutionality.

Social Media 101

Social Media Government Publishing Law 101