The IP Law Blog

JANUARY 19, 2023

Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S. Genius sued Google for breach of contract over music transcriptions. The Supreme Court has requested the Solicitor General’s opinion on whether copyright law preempts the breach of contract claim.

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Copyright Trademark Fair Use Contracts 97

Technology & Marketing Law Blog

FEBRUARY 27, 2022

With that, it’s fair to say that many of the key questions in this area of law are still undecided. But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2. Trademark infringement 6.

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Cease and Desist Blogging Contracts Social Media 122

IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].

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Trademark Contracts Intellectual Property Registering Trademarks 52

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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Contracts Intellectual Property Patent Infringement Government 98

IP Intelligence

JANUARY 1, 2024

Trademark owners should be wary of official-looking email solicitations from attorneys or law firms that claim to specialize in trademarks and are masquerading as Good Samaritans who wish to aid in protecting the company’s brand against another company that has contracted that firm to register the same mark.

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Trademark Branding Brands Branding 59

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. The contributory trademark infringement claim survives a motion to dismiss.

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Trademark Contracts Blogging Fair Use 94

LexBlog IP

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

The IPKat

NOVEMBER 27, 2021

The book consists of four parts, 52 chapters, and covers research methods in a variety of areas of law: privacy law, criminal law, popular culture research, or psychology, to name a few. In this post, this Kat will review the first two Parts, on intersections of IP with other areas of law and with the humanities.

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Intellectual Property IP Law Privacy 144

The TTABlog

JANUARY 4, 2023

After reading the COHIBA decision, I decided that I had to turn to Professor Christine Haight Farley of American University Washington College of Law for her help in explaining what this is all about. trademark law intersects with international treaties, administrative law, and international relations. of America v.

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Registration Trademark Law Trademark Branding 78

LexBlog IP

JANUARY 19, 2023

Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S. Genius sued Google for breach of contract over music transcriptions. ” The Supreme Court has requested the Solicitor General’s opinion on whether copyright law preempts the breach of contract claim.

Copyright 52

Copyright Trademark Fair Use Contracts 52

Technology & Marketing Law Blog

MARCH 10, 2022

Unfair Competition : The same allegations support a claim for unfair competition under Maryland law. Conversion and Detinue : Courts have been reluctant to extend conversion claims under Maryland law to pure intangibles. The court says plaintiffs adequately allege likelihood of confusion and also satisfy standing under Lexmark.

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Social Media Contracts Ownership Business 82

SpicyIP

FEBRUARY 10, 2023

In this post, I extend it by highlighting HCU’s history arguing that HCU is a principle of trademark law and not just a provision limited to Section 12. See this 1865 commentary , pages 59-77, made available by UNH Law’s IPMall ). Eashan Ghosh makes some strong arguments for HCU being a principle here and here.

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Trademark Registration Trademark Law Law 119

Technology & Marketing Law Blog

JANUARY 28, 2022

At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship. The court finds that the non-compete is enforceable under New York law, and given the unique nature of Gutman’s services, injunctive relief was reasonable and appropriate.

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Social Media Ownership Contracts Privacy 92

Kashishipr

SEPTEMBER 20, 2021

NTC’s statement regarding the copyright assignment from SK Oil Industries to SSPL wasn’t appropriate as it wasn’t a party in the contract, and therefore, didn’t have the right to question it. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks.

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Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

SEPTEMBER 8, 2021

However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. Smart contracts are contracts that are used to regulate NFT transactions.

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Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

The IP Law Blog

MARCH 2, 2021

Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C.

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Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Implications I note again that a decade ago, a number of states passed laws banning employers for asking for employees’ social media login credentials–without defining when an account was the employee’s or the employer’s. Gutman appeared first on Technology & Marketing Law Blog. Christou v.

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Social Media Ownership Designs Design 82

IPilogue

AUGUST 19, 2021

Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Photo by Ryunosuke Kikuno (Unsplash).

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Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. Those laws were enacted by several states with a lot of fanfare, but they have seen little, if any, activity. Gutman, 2022 U.S.

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Social Media Ownership Branding Brands 101

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

This opinion addresses a venerable issue in Internet Law: can a website control how visitors see its web pages? Thus, other cases have applied conversion law to alleged theft of domain name registrations (e.g., If it had, it would have eliminated the distinctions between IP law and the law of chattels. Silvaco Data Sys.

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Licensing Copyright Contracts Advertising 91

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A Trademark Attorney also councils the clients with appropriate course of action in case of an infringement or a dispute. The trademark attorney guides the clients through various legal aspects of introducing a new product or service into the market. They also draw and review contracts related to trademark management.

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Trademark Registration Reporting Branding 52

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. Interesting right?

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Personality Rights Privacy Social Media Intellectual Property 62

SpicyIP

MAY 3, 2023

This incident is an addition to the trail of misadventures that trademark practitioners have faced before the Registry and we thought it would be beneficial to invite an experienced practicing trademarks lawyer to share with us their insights on this and the state of affairs before the Registry in general.

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Trademark Reporting Contracts Registration 102

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. In the future, U.S.

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Trademark Marketing Marketing Contracts 52

43(B)log

SEPTEMBER 7, 2021

Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. The tortious interference claims failed for contractual reasons and because Londra’s lawyer was his agent, not a stranger to the contract. This was a contract dispute, not a Yu problem.

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False Advertising Fair Use Advertising Advertising 59

SpicyIP

JULY 2, 2021

Tanya is a 3rd year BBA LLB student at Kirit P Mehta School of Law, NMIMS, Navi Mumbai. Intellectual property rights, including trademarks, patents and copyright, protect the innovations and inventions of creators from other companies or individuals. We’re pleased to bring to you a guest post by Tanya Saraswat. Image from here.

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Branding Brands Branding Trademark 66

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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Government Business Trademark Blogging 147

Intepat

MAY 12, 2023

Not all states are contracting parties under the Madrid Protocol, such as Hong Kong, Afghanistan, Bangladesh, Nepal, Pakistan, etc. Therefore, in countries such as these which are non-contracting parties. the applicant would be required to file separate applications in order to garner protection for their mark.

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Registration Branding Brands Branding 52

Garrigues Blog

OCTOBER 25, 2021

As far as legal aspects are concerned, the Intellectual Property Law could be of help here. Consequently, the law envisages that a work can be expressed in an intangible medium, i.e., that it cannot actually be touched. Needless to say, legislation on trademarks, designs and also unfair competition, protect these products.

Non-Fungible Tokens 59

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

SpicyIP

MAY 18, 2022

She works in a law firm that advises technology companies. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? The term ‘digital product’ has been used in certain laws but the term itself has not been defined. We’re pleased to bring to you this guest post by our former blogger Aparajita Lath.

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Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Background: Erie marks transition from era of legal formalism to realism; one of the reasons we have the Lanham Act, since Erie invalidated the federal common law of trademarks.

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False Advertising Trademark Advertising Advertising 45

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. The ARIPO trademark filing system is regulated by the Banjul Protocol.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. The ARIPO trademark filing system is regulated by the Banjul Protocol.

Trademark 52

Trademark Registration Branding Brands 52

IP Tech Blog

JULY 10, 2023

laws, it vacated a $96 million damages award against a foreign defendant because the conduct relating to the damages was not a “use in commerce” under the Lanham Act. law were to apply in foreign countries. In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core.

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Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

JULY 10, 2023

laws, it vacated a $96 million damages award against a foreign defendant because the conduct relating to the damages was not a “use in commerce” under the Lanham Act. In other words, “United States law governs domestically but does not rule the world.” law were to apply in foreign countries.

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Intellectual Property Trademark Trademark Law Law 40

LexBlog IP

FEBRUARY 16, 2022

Hermes based its allegations of trademark infringement and dilution on the artist’s use of MetaBirkin as a trademark to promote his NFTs and at his metabirkin.com website. As noted in the Hermes lawsuit, trademark rules may apply depending on the circumstances.

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Art Non-Fungible Tokens Intellectual Property Ownership 52