IP and Legal Filings

JUNE 8, 2022

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs. PROTECTION OF DESIGN. Picture Credit: Shutterstock].

Registration 72

Registration Designs Design Intellectual Property 72

LexBlog IP

FEBRUARY 10, 2022

Court of Appeals for the Second Circuit, a bridal designer signed an employment agreement that barred her from competing with her employer – JLM Couture Inc. The agreement also prevented the designer from using variations of her name to market bridal wear. JLM) – following her employment.

Social Media 52

Social Media Designs Design Branding 52

Technology & Marketing Law Blog

NOVEMBER 7, 2023

The appeals court says the plaintiffs “have not adequately defined the relevant market.” ” Instead, they identified 15 different markets in “scattergun fashion.” Contract Breach. Apple appeared first on Technology & Marketing Law Blog. Implications. Apple, Inc. 2023 WL 7268325 (9th Cir.

Reporting 89

Reporting Blogging Marketing Marketing 89

Olartemoure Blog

JULY 17, 2023

These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. MGA alleged that Mattel had hired individuals to spy on toy designs and marketing plans. Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

Olartemoure Blog

JULY 17, 2023

These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. La entrada Infographic | Barbie movie se publicó primero en OlarteMoure | Intellectual Property.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. ” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged.

Contracts 69

Contracts Licensing Business Blogging 69

The TTABlog

NOVEMBER 21, 2022

Although Applicant Jose Ramon was experienced in the branding and marketing of beers, he was never in the business of producing the goods identified in his application, and the only step he took to use the mark was the formation of a company to market beers. D & P Holding S.A. Not good enough, said the Board.

Contracts 52

Contracts Designs Design Registration 52

The IPKat

NOVEMBER 6, 2023

Background The plaintiff is a professional photographer, who markets his photographs exclusively and very successfully through microstock portals. The author may determine whether the work is to bear a designation of authorship and which designation is to be used. According to Sec.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

Technology & Marketing Law Blog

AUGUST 24, 2023

Now, the primary vehicle to stop web scraping is with breach of contract claims. Now, in its case against Bright Data, Twitter’s lawyers filed three claims: breach of contract, tortious interference with a contract, and unjust enrichment. In the end, it was a pyrrhic victory. They don’t need or seek alternative legal theories.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. In other words, not even close.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. Binance appeared first on Technology & Marketing Law Blog. –Kuklinski v.

Privacy 125

Privacy Law Contracts Designs 125

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract. The Guidance.

Law 62

Law Contracts Business Marketing 62

LexBlog IP

DECEMBER 18, 2023

Firstly, buyers must be aware of designated areas for foreign ownership, known as freehold properties, as per UAE laws. Contract Formalities: Developers and brokers are not allowed to engage in informal contracts for off-plan property sales without prior approval from competent authorities. Such contracts are considered invalid.

Due Diligence 52

Due Diligence Contracts Registration Ownership 52

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog. Cite to Ohio State v.

Artwork 96

Artwork Trademark Publishing Marketing 96

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. Breach of Contract 2. Tortious Interference with a Contract 3. False Designation of Origin 9. Thus, the Points Guy. Trespass 5. Dilution 7.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Indiana Intellectual Property Law

MARCH 7, 2023

The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 135

Contracts Publishing Law Government 135

Velocity of Content

DECEMBER 2, 2022

More than 250 employees in editorial, sales, publicity, design, legal, and marketing departments at HarperCollins have been on strike since November 10, notes Andrew Albanese , Publishers Weekly senior writer.

Contracts 52

Contracts Publishing Reporting Designs 52

Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. What is its appeal to the market? In IPO’s free, online, easy to use toolkit there are resources designed to help businesses identify their IP and understand how to protect, manage it and even license it to scale up their product. A design worth registering?

Blogging 52

Blogging IP Designs Design 52

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 96

Contracts Registration Designs Design 96

LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Atlanta Startup Growth Loan Program (ASGL) Mayor Andre Dickens has announced the Atlanta Startup Growth Loan Program (ASGL), a new initiative designed to bolster the growth of local technology startups in Atlanta.

Government 52

Government Business Contracts Inventor 52

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. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Velocity of Content

DECEMBER 14, 2023

Cross-functional groups within an organization — including research and development (R&D), clinical research, competitive intelligence, regulatory, marketing, and medical affairs — must work together and with external partners to advance drug compounds from discovery to approval for use in patients to physician education and promotion.

Licensing 98

Licensing Copyright Publishing Journalism 98

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

Velocity of Content

JULY 15, 2022

The local contract expired at the end of last year and no new agreement has yet been reached,” he explains. Local 2110 of the United Auto Workers union represents more than 250 employees in editorial, sales, publicity, design, legal, and marketing departments at the Big Five publisher.

Publishing 52

Publishing Contracts Reporting Designs 52

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 52

Law Contracts Business Marketing 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I see potential legitimate trademark defenses for the design. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Meta appeared first on Technology & Marketing Law Blog. The contributory trademark infringement claim survives a motion to dismiss. Meta Platforms, Inc.

Trademark 91

Trademark Contracts Blogging Fair Use 91

Patently-O

FEBRUARY 10, 2022

The Broadcom chips and Apple phones are manufactured outside of the United States, although they are largely designed in the US, and the nerve centers of marketing and sales are also in the US. Broadcom makes infringing chips and they are installed in Apple devices. ” Halo Elecs., Marvell Tech. 3d 1283 (Fed.

Patent 125

Patent Contracts Invention Designs 125

Indiana Intellectual Property Law

MARCH 8, 2023

TeleBrands Corporation is a leading direct television marketing company and the original creator of the “As Seen On TV” logo and category of the trade. They are a well-known direct-response marketing company that specializes in developing and promoting innovative consumer products. for patent infringement. Vieneci Garden, Inc.

Patent Infringement 40

Patent Infringement Patent Television Designs 40

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 76

Copyright Contracts Copying Licensing 76

The IPKat

NOVEMBER 26, 2021

Bill has now been published , proposing new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. This means that where a performer has transferred their making available rights, for instance in the recording contract, they are entitled to equitable remuneration. What happens next?

Copyright 98

Copyright Music Contracts Publishing 98

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. This might include brand names, product line names, style names, or even unique packaging or product design.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

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 79

Social Media Ownership Designs Design 79