LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

Designs 52

Designs Design Trademark Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Teamsters Loc.

Social Media 99

Social Media Ownership Branding Brands 99

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 99

Trademark Law Trademark IP Blogging 99

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. IP Challenges in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Technology & Marketing Law Blog

MAY 30, 2023

The case involves Vital Pharmaceuticals, which markets “performance energy drinks” a/k/a drinks that accelerate your death. Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.);

Social Media 80

Social Media Ownership Marketing Marketing 80

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 128

Copyright Fair Use Cease and Desist Litigation 128

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Therefore, legal protection needs to be an uppermost consideration when choosing or changing brand codes because legal ownership is fundamental to effective protection of uniqueness of a brand’s identifiers.

Branding 52

Branding Brands Branding Copying 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

CopyrightsWorld

FEBRUARY 17, 2021

Copyright infringement of digital photos differs in important ways from infringement in the markets of music and movies. Get proof of ownership by registering your copyright. It can help you mitigate the risk of expensive and timely litigation, whether you are a claimant or a defendant, as you have proof of ownership.

Copyright Notice 98

Copyright Notice Ownership All Rights Reserved Copyright 98

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Notably, this novel method of tracking ownership makes the resale process more structured and viable.

Trademark 52

Trademark Ownership Branding Brands 52

Copyright Lately

SEPTEMBER 26, 2022

After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. As the parties wait in their respective corners for the opening bell to ring, here’s what you need to know: Alexander Has Already Established Ownership and Copying. Skull arm design. Bible verse design.

Fair Use 86

Fair Use Licensing Ownership Copying 86

Technology & Marketing Law Blog

NOVEMBER 26, 2021

The Facebook Page is a Designated Public Forum. The court says the city made the Facebook page into a designated public forum because: it allows “comments on its Facebook posts and City Council meetings without any prior approval” “the City does not always apply its ‘off topic’ rule consistently.”

Social Media 106

Social Media Government Designs Design 106

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. Prior Posts on Section 512(f) * 512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox * Surprise!

Fair Use 65

Fair Use Cease and Desist Copyright Ownership 65

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Diebold from 2004, which led to a $125k damages award.

Registration 112

Registration Fair Use Copyright Designs 112

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

LexBlog IP

AUGUST 28, 2023

It does not make a distinction between properties that are located in designated and non-designated areas for foreign ownership and is therefore applicable to all nationalities. The sale can occur at market value or through auction. Dubai Decree No. Key Steps and Requirements under Dubai Decree No.

Government 52

Government Ownership Law Settlement 52

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing 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.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. Do any copyright exceptions apply to outputs that might otherwise infringe copyright?

Copyright 137

Copyright Fair Use Copyright Law Law 137

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. “Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” ” UGH, no.

Fair Use 130

Fair Use Television Cease and Desist Copyright 130

IP and Legal Filings

FEBRUARY 7, 2023

Several large corporations have already begun developing new marketing efforts for this new digital environment after realising the enormous potential that exists here. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 123

Copyright Art Copyright Law Licensing 123

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. SF Design Group. Fredman Design Group. TELECOMM. &

Social Media 80

Social Media Contracts Ownership Business 80

Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. 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. Day to Day Imports appeared first on Technology & Marketing Law Blog.

Fair Use 104

Fair Use Cease and Desist Copyright Blogging 104

LexBlog IP

APRIL 26, 2023

SBIR PRogram Benefits The SBIR program is designed to support small businesses in bringing innovative technologies to the market by funding research and development activities. Have at least 51% ownership and control by U.S. Be located in the United States. citizens or permanent residents.

Business 52

Business Intellectual Property Technology Ownership 52

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

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Its cancellation petition for Zenú has been suspended during this litigation. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. I proceeded to do that. It seems like it did. Oppenheimer Decl. ¶

Blogging 96

Blogging Fair Use Copyright Copyright Notice 96

Technology & Marketing Law Blog

OCTOBER 4, 2022

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. RIAA appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Technology & Marketing Law Blog

MARCH 6, 2022

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. Babybus appeared first on Technology & Marketing Law Blog.

Fair Use 97

Fair Use Cease and Desist Copying Copyright Infringement 97

azrights

OCTOBER 18, 2021

And maybe rather than buying just a laptop, we bought a MacBook because we wanted that good design and simplicity that Apple offers. On the other hand, generic names or ones that can’t function as a trademark leave your business wide open to theft of its market share by competitors. It distinguishes one product or service from another.

Branding 52

Branding Brands Branding Trademark 52

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

. § 1057(b), Poulsen claims the ‘814 Registration is prima facie evidence of the validity of the Mark, Poulsen’s ownership of the Mark, and Poulsen’s exclusive right to use the Mark in commerce. Plaintiff is further claiming Defendants’ actions constitute unfair competition and false designation of origin in violation of 15 U.S.C.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

SEPTEMBER 15, 2021

This change is based not only on the extensive media coverage or marketing, but also on, the on-field charisma and success of individual players. As explained earlier, considering the impact of such celebrations on their marketability, even the Indian Olympians can extend the use of such celebrations in their respective sports.

Copyright 126

Copyright Marketing Marketing IP 126

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. In practice, there is a constant interplay between use of identifiers and ownership of them.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Third, is Trump’s claim of ownership barred by 17 U.S.C. After negotiations between them fell apart, both parties sued, each claiming exclusive ownership of the movie footage.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

OCTOBER 19, 2021

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? ” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases.

Licensing 89

Licensing Copyright Contracts Advertising 89