Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman opened both accounts after she entered into the employment contract with JLM. An Update on PhoneDog v.

Social Media 99

Social Media Ownership Branding Brands 99

IPilogue

AUGUST 19, 2021

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. IOC regulations are only one of the many sets of rules that surround the intellectual property (IP) of the Olympic Games.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. TELECOMM. &

Social Media 80

Social Media Contracts Ownership Business 80

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.

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Implied-in-Law Contract/Unjust Enrichment.

Licensing 89

Licensing Copyright Contracts Advertising 89

Technology & Marketing Law Blog

JANUARY 24, 2024

I’d love to see an accounting of the time and money the parties have spent on this litigation. Nevertheless, the Supreme Court cases cast a long shadow over future proceedings in this case. Kravitz An Update on PhoneDog v. Kravitz, the Employee Twitter Account Case Another Set of Parties Duel Over Social Media Contacts — Eagle v.

Social Media 80

Social Media Ownership Designs Design 80

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. Barber focuses his practice on intellectual property.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

The IP Law Blog

MAY 27, 2021

District Court for the Southern District of New York over the use of the Corona trademark for Corona Hard Seltzer and for breach of contract, alleging that Constellation only has the right to sell beer products, not hard seltzer, under the Corona brand. Modelo sued Constellation in the U.S.

Licensing 103

Licensing Branding Brands Branding 103

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). One may wonder how the said judicial transparency interplays with commercial cases.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Interested in sellers’ understanding of the contracts.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

The IP Law Blog

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

FEBRUARY 7, 2023

Suggestions Some of the suggestions below may be used to reduce the likelihood of trademark infringement in light of the issues mentioned above that may be encountered in the protection of trademarks in the metaverse – Its virtual duplicate should also be covered by the trademark protection.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

IP Tech Blog

JULY 10, 2023

In the trademark context, nearly all countries recognize that trademark law is necessarily territorial at its core. This would allow for enforcement of trademarks in national courts even when the Lanham Act is not applicable. court forum.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Fourth, the law imposes a proactive screening obligation, something that Tiffany v. eBay rejected.

Trademark 137

Trademark False Advertising Advertising Advertising 137

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124