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Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

Technology & Marketing Law Blog

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

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SpicyIP Weekly Review (July 12 – 18)

SpicyIP

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

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Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

Technology & Marketing Law Blog

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. Maryland enacted a social media privacy law in 2021. DLB-21-401 (D.

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2023 Quick Links: IP, Keyword Ads

Technology & Marketing Law Blog

” Canada’s C-18 “link tax” has devastated independent journalism in Canada. 512(f) case in the context of an ownership dispute is sent to a jury. This logic seemingly extends equally to trademark cases… * Politico : “Tech giant battle means doom for small news outlets, Trudeau was warned.”

IP 73
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2021 IP Year in Review

IPilogue

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Copyright Ownership of Movies and Films in Canada: Who’s on First?

IP 106
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IP as Collateral

IIPRD

A short-form trademark security agreement which avoids the disclosure of terms of the loan is also recommended while filing documents in the USPTO to protect the privacy of the debtor. The agreement lays down conditions for patent ownership in the event of default. Patent as Collateral in the US. Case Studies. bn USD by Nokia.

IP 40