Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. As a practical matter, given the litigation risks associated with the impact assessments, a business’ lawyers will control those processes–with associated delays, expenses, and prioritization of risk management instead of improving consumer experiences.

Designs 110

Designs Design Privacy Business 110

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.

Litigation 85

Litigation Contracts Advertising Advertising 85

IP Tech Blog

FEBRUARY 10, 2022

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Other cities and provinces started similar provisions in the summer of 2021.

Designs 62

Designs Design Intellectual Property Design Patent 62

The TTABlog

FEBRUARY 28, 2024

Frequent TTAB litigant Monster Energy Company got mugged in this opposition to registration of the mark shown immediately below, for mugs and plates. Bona Fide Intent: The Board observed that starting a small business to make and sell plates and mugs printed with designs "is not rocket science." Monster Energy Company v.

Designs 62

Designs Design Registration Business 62

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Prior Posts on Section 512(f).

Marketing 74

Marketing Marketing Cease and Desist Fair Use 74

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc.,

Advertising 59

Advertising Advertising Marketing Marketing 59

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

JD Supra Law

NOVEMBER 2, 2022

Many video games are marketed on the photorealism of their imagery and graphics. Recent court decisions addressing tattoos and tractors in video games show growing intellectual property litigation around real-world designs appearing, even incidentally, in the digital world. By: Wilson Sonsini Goodrich & Rosati

Intellectual Property 98

Intellectual Property Litigation Publishing Designs 98

LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Other cities and provinces started similar provisions in the summer of 2021.

Designs 52

Designs Design Intellectual Property Design Patent 52

Technology & Marketing Law Blog

MARCH 19, 2024

As usual nowadays, the plaintiffs relied heavily on product design theories to overcome the obvious Section 230 defense. Some judges recognize that product design theory just rearticulates claims based on third-party content, as it does here because any radicalizing content came from third-parties, not the social media services themselves.

Social Media 99

Social Media Designs Design Blogging 99

Olartemoure Blog

AUGUST 10, 2021

We might have just been lucky and, even after having given the best legal advice, we have had a couple of pre-litigation issues as those hassles are almost unavoidable. We have in any case prevented litigation and been able to solve them. Juan Felipe Acosta Partner | Litigation and ADR Director.

Litigation 52

Litigation Contracts Business Intellectual Property 52

IAM Magazine

JANUARY 11, 2022

Recent lawsuits involving Nike, Peloton, lululemon and others suggest an explosion in consumer demand for high-tech workout gear is leading to IP conflict.

Marketing 52

Marketing Marketing Branding Brands 52

IAM Magazine

JANUARY 11, 2022

Recent lawsuits involving Nike, Peloton, lululemon and others suggest an explosion in consumer demand for high-tech workout gear is leading to IP conflict.

Marketing 52

Marketing Marketing Branding Brands 52

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

LexBlog IP

MARCH 6, 2023

With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. 23, 2022). [1]

Litigation 52

Litigation Patent Design Patent Patent Application 52

The IPKat

MARCH 24, 2024

In addition to being works of scientific achievement, many luxury timepieces are artistic wonders with innovative designs, like some of the reportedly 100 000 (!) Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

IP 70

IP Marketing Marketing Reporting 70

The IPKat

FEBRUARY 21, 2022

Given this inconsistency, in 2017, the scope of the Italian patent box was narrowed by excluding the income generated by the use of trademarks (Article 56 of Decree-Law no. 50 of 24.4.2017).

Designs 70

Designs Design Patent IP 70

The IPKat

DECEMBER 11, 2023

This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ). Pursuant to Arts.

Art 70

Art Designs Design Copyright 70

LexBlog IP

SEPTEMBER 28, 2021

Litigation of the other patents asserted by AbbVie is stayed. ” The post Litigation and Regulatory Update for Alvotech’s Adalimumab Biosimilar appeared first on Big Molecule Watch. Patent Nos. Patent Application No. 17/137,201.

Litigation 40

Litigation Reporting Patent Application Patent Infringement 40

Technology & Marketing Law Blog

MARCH 8, 2024

If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year. GmbH as a Possible Trademark Troll The post The SAD Scheme as an Institutional Failure appeared first on Technology & Marketing Law Blog.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

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. Netflix appeared first on Technology & Marketing Law Blog. In other words, not even close. Purpose and Character of Use.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

Technology & Marketing Law Blog

AUGUST 10, 2022

Monday, I covered AB 2273, the Age-Appropriate Design Code. The affirmative defense (which partially negates liability if a government-designated censor approves the service offering) is miscalibrated. Yesterday, I covered AB587, an editorial transparency law.

Social Media 118

Social Media Blogging Privacy Government 118

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. That’s by design–the DMCA was designed to resolve matters outside of court. Defamation. MGA Entertainment.

Copyright 126

Copyright Fair Use Cease and Desist Litigation 126

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. Market Reach & Presence.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. Case Citation : Roland v.

Advertising 95

Advertising Advertising Designs Design 95

IP.com

MARCH 12, 2024

According to a report by SuperData Research , the global gaming market was valued at $159.3 Market data from 2023 shows the estimated market size for the gaming industry at $242.39 and how similar some are to Game Freak’s own Pokémon designs. billion in 2020. billion with an estimated $583.69 billion by 2030.

Copyright Infringement 52

Copyright Infringement Copyright Intellectual Property Marketing 52

JD Supra Law

OCTOBER 5, 2021

Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive artwork in fashion designs and marketing campaigns.

Artwork 52

Artwork Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. Despite Doe v.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

Indiana Intellectual Property Law

OCTOBER 20, 2023

According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents.

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

Kashishipr

SEPTEMBER 7, 2022

Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer. Such a design refers to the visual or sensual look of the product, which can include its shape, packaging, and color combinations.

Trademark 52

Trademark Designs Design Marketing 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. 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.

Social Media 98

Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

OCTOBER 28, 2023

The parties are already in litigation. The generic manufacturer is already under a litigation hold. Violating that hold will lead to adverse consequences in the litigation as well as possible criminal punishment. With that context, it is usually unreasonable for one litigant to blindside its opponent with an ex parte demand.

Litigation 78

Litigation Blogging Confidentiality Patent 78

Plagiarism Today

MAY 17, 2022

Dubbed DeviantArt Protect and Launched in July 2021 , the system was originally designed to help artists detect duplicates or near-duplicates of their images on the internet. This is mirrored by an ongoing crash in regular crypto markets , that’s seen many of the currencies lose significant portions of their value. Bottom Line.

Copying 211

Copying Non-Fungible Tokens Plagiarism Licensing 211

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Firstly, the company had the right legal agreement with the designers of its iconic bottle shape when it commissioned the bottle design so that it would own the rights in the bottle design.

Branding 52

Branding Brands Branding Copying 52