43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. But Consumer Reports and other forced reports have a bell curve distribution. Revenue models almost always end up dependent of firms whose products are reviewed; Consumer Reports is the very rare exception.

Copyright 69

Copyright Business Branding Brands 69

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

IP Tech Blog

DECEMBER 12, 2023

We previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. Statistics have long been used to evaluate player performance and support contract negotiations. Machine learning algorithms are now being used to aggregate data, compare contracts and evaluate prospects.

Privacy 57

Privacy Inventor Technology IP 57

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Would it allow fair use? What goes on in settlement? Hill, 3d Cir. Derivative work?

Copyright 64

Copyright Editing Settlement Music 64

LexBlog IP

DECEMBER 12, 2023

We previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. Statistics have long been used to evaluate player performance and support contract negotiations. AI tool makers tend to rely on the fair use doctrine to establish the absence of infringement.

Privacy 52

Privacy Inventor Technology Intellectual Property 52

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

Copyright 122

Copyright Blogging Publishing Fair Use 122

LexBlog IP

JANUARY 10, 2024

Before the second amendment, President Trump received a copyright registration covering the work, despite an early registration being recorded in Woodward’s favor. Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52