IP Watchdog

JANUARY 22, 2023

Court of Appeals for the Ninth Circuit’s March 2020 ruling that a “Bad Spaniels” dog toy marketed by VIP Products was an expressive work entitled to First Amendment protections against trademark infringement liability under the Rogers test. The petition filed by Jack Daniel’s appealed the U.S.

Artistic Work 124

Artistic Work Branding Brands Branding 124

The IPKat

AUGUST 8, 2022

But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019. It was against this background that the proposal for a Directive on copyright in the Digital Single Market was made in 2016.

Marketing 80

Marketing Marketing Copyright Intellectual Property 80

43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. The court declined to dismiss the counterclaims.

Marketing 59

Marketing Marketing False Advertising Advertising 59

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." As to the third ground, the Board agreed with Examining Attorney Darryl M.

Marketing 70

Marketing Marketing Social Media Advertising 70

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 The online marketplaces do not precisely title the products sold.

Marketing 87

Marketing Marketing Trademark Registration 87

Olartemoure Blog

MARCH 22, 2024

Here’s a concise breakdown of the key stages: = Relevant Market Definition: products with the same active pharmaceutical ingredient, strength, Pharmaceutical Dosage Form, and administration route are grouped into relevant markets. Relevant Market Qualification: markets are assessed based on market share and concentration.

Intellectual Property 52

Intellectual Property Marketing Marketing 52

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

Marketing 52

Marketing Marketing Trademark Invention 52

LexBlog IP

OCTOBER 20, 2022

Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. We don’t think the FTC will wade into a detailed determination of where the ad/content line is drawn, but it is most definitely an area brands that create content (and who doesn’t these days?)

Advertising 52

Advertising Advertising Marketing Marketing 52

Michael Geist

OCTOBER 23, 2023

Instead, its submission indicates that wants all broadcasters (which given the law would include the CBC) to get an even bigger portion of the potential Bill C-18 revenues by expanding the definition of “journalist” to include everyone from sound and video engineers to researchers and fact checkers.

Social Media 134

Social Media Editing Government Law 134

43(B)log

JANUARY 12, 2024

Indeed, it continued, “(1) no carbon zero products exit, (2) the dictionary definition of ‘carbon neutral’ describes the use of offsets to balance emissions, and (3) the Product’s website explains evian® water’s approach to reducing and offsetting carbon emissions.”

Marketing 69

Marketing Marketing Advertising Advertising 69

TorrentFreak

FEBRUARY 9, 2024

But then the word ‘ACTION’ caught the eye, quickly followed by ‘Xtreme High-Definition IPTV streaming’ It transpires that Mapleton is no regular city. In common with most documents that mention IPTV on the Mapleton City Website, this one mentions ‘Xtreme High-Definition IPTV’ too.

Publishing 100

Publishing Reporting Marketing Marketing 100

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

Intellectual Property Law Blog

SEPTEMBER 20, 2021

The NFT market is just getting started, as the innovation is only in its infancy. Companies getting involved with NFTs should definitely think through these and other issues that will arise and work with knowledgeable counsel to get ahead of the issues to come. It is likely some of the current licenses will lead to litigation.

Licensing 243

Licensing IP Art Business 243

The IPKat

JULY 14, 2022

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

Olartemoure Blog

APRIL 12, 2024

Moreover, the Superintendence identified various shortcomings in the company’s procedures, including an inadequate definition of the due diligence process and a global risk matrix that did not accurately reflect the operational landscape in Colombia.

Due Diligence 52

Due Diligence Intellectual Property Marketing Marketing 52

IP Watchdog

OCTOBER 18, 2023

International Trade Commission (ITC) released a sprawling report on Tuesday analyzing market dynamics surrounding the question of whether to extend the waiver of IP rights for COVID-19 technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to diagnostics and therapeutics.

Reporting 59

Reporting IP Intellectual Property Technology 59

Technology & Marketing Law Blog

APRIL 21, 2024

Because it was underdeveloped, the court tells the plaintiffs to try that theory again before the court will definitively rule on it. April 15, 2024) The post Zuckerberg Avoids Personal Liability for Social Media “Addiction”–In re Social Media Addiction appeared first on Technology & Marketing Law Blog.

Social Media 83

Social Media Blogging Litigation Law 83

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

Intellectual Property 122

Intellectual Property Social Media Reporting IP 122

JD Supra Law

JULY 21, 2023

Although you may have never heard of Shein, your children definitely have. Its business model revolves around collecting vast amounts of customer data and leveraging artificial intelligence (“AI”) to reverse-engineer fashion trends, which are then marketed via social media. Shein is one of the largest fashion companies in the world.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

JULY 24, 2022

Thus, a practical, acceptable, and common-sense definition of the term exists, which is what a probation condition needs to pass constitutional muster. OK, but the dictionary definition incorporates the term “social networking,” which the court doesn’t define and doesn’t say if OED defines. July 21, 2022).

Social Media 84

Social Media Editing Blogging Reporting 84

LexBlog IP

APRIL 10, 2023

In its motion to dismiss, the licensor argued that the grant of the right to open a restaurant using the “Rooh” trademark and business concept did not meet the definition of franchise under the CFIL or any other franchise laws claimed by the licensee to be violated.

Licensing 52

Licensing Trademark Business Advertising 52

Velocity of Content

MARCH 27, 2023

There is a famous UNESCO-framed definition from the early 1960s saying a book is a publication for the public of more than 49 pages and two covers. We had a hard time coming up with definitions that would exclude that. “At Do books even matter in such exotic territories? It has a beginning and an end. You cannot read an audiobook.

Publishing 87

Publishing Business Marketing Marketing 87

LexBlog IP

MARCH 10, 2024

Key Definition within Federal Law No. 36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. 36/2023: According to Article 1 of the Federal Decree-Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 27, 2023

It is definitely counterintuitive to oppose transparency requirements due to our strong regulatory and social norms in favor of transparency. The post I Filed an Amicus Brief Against New York’s Editorial Transparency Law appeared first on Technology & Marketing Law Blog.

Social Media 102

Social Media Law Government Blogging 102

Technology & Marketing Law Blog

MARCH 7, 2024

The statutory definitions say that the immunity applies only with respect to “information provided through the Internet or any other interactive computer service.” Spencer appeared first on Technology & Marketing Law Blog. ” Indeed, it does not. ” By necessity, this excludes offline disseminations.

Copying 81

Copying Business Blogging Marketing 81

The IPKat

SEPTEMBER 4, 2023

The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ). The marketing authorisation in the case specifically recited the active ingredient "safinamide".

Art 117

Art Marketing Marketing Patent 117

SpicyIP

SEPTEMBER 25, 2023

Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. It also bolsters the argument against granting injunctions when products have been introduced into the market beforehand.

Patent Infringement 105

Patent Infringement Patent Marketing Marketing 105

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

FEBRUARY 21, 2023

Justice Gorsuch said that everything turns on the definition in (f)(4) of “access software provider,” an interpretation that would clearly collapse when pressed. No publisher ever wants to use “neutral” tools because the mere act of publication is, by definition, not a neutral act.

Blogging 145

Blogging Publishing Marketing Marketing 145

SpicyIP

SEPTEMBER 26, 2022

The US FDA has approved around 340 AL / ML based medical devices and that the market for these devices is only going to expand over time. The definition of ‘medical device’ was amended to explicitly include ‘ software ’ […] ‘ which in its intended use assists in diagnosis, prevention, treatment or alleviation of disease or disorder […]’ etc.

Marketing 118

Marketing Marketing Technology 118

Plagiarism Today

SEPTEMBER 22, 2022

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Settlement 186

Settlement Copyright Infringement Contracts Plagiarism 186

Technology & Marketing Law Blog

JUNE 18, 2023

Also, the definition of “malware” itself includes vague terms, like “disruptive” and “damaging”–and an “etc.” Malwarebytes appeared first on Technology & Marketing Law Blog. ” NOT HELPFUL. We should not presume that we are.” Bleeping Computer.

Blogging 86

Blogging False Advertising Litigation Marketing 86

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. This judge is vexed by the definition of volitional conduct. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

Michael Geist

SEPTEMBER 22, 2023

The government is not promoting those changes – there is no reference to it in the press release – but bill gives it broad powers to order inquiries into any market or industry and dictate the terms of the inquiry to the Competition Bureau.

Government 105

Government Publishing Marketing Marketing 105

Trading Secrets

JUNE 14, 2021

The Legal 500 United States is an independent guide providing comprehensive coverage on legal services and is widely referenced for its definitive judgment of law firm capabilities. The awards are given to the elite legal practitioners, based on comprehensive research into the US legal market.

Editing 98

Editing Marketing Marketing Law 98

Above the Fold

APRIL 27, 2022

While this is an ideal time to for companies to showcase their green initiatives and sustainability goals, what has developed over time, however, is a trend of “greenwashing” to take advantage of marketing and advertising around Earth Day. 3) how marketers can qualify their claims to avoid deceiving consumers. [3].

Advertising 52

Advertising Advertising Marketing Marketing 52

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market.

Marketing 98

Marketing Marketing Privacy Contracts 98