Technology & Marketing Law Blog

MAY 30, 2023

The categorization of social media accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal social media accounts.

Social Media 79

Social Media Ownership Marketing Marketing 79

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. Market Reach & Presence. IP Challenges in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

IP Tech Blog

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Third, with respect to the effect of the use upon the potential market, the Court decided this factor in Netflix’s favor as well.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

LexBlog IP

SEPTEMBER 25, 2023

The considerations relevant to developing an AI policy applicable to the administrative side (human resources, the C-suite, and marketing) are detailed below, while technology services and software specific concerns will be addressed in later editions of this series.

Confidentiality 52

Confidentiality Intellectual Property Marketing Marketing 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. Lllllllet’s get ready to litigate!

Fair Use 85

Fair Use Licensing Ownership Copying 85

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.”

Contracts 104

Contracts Privacy Social Media Advertising 104

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court.

Business 52

Business Law Social Media Reporting 52

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 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 111

Registration Fair Use Copyright Designs 111

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. In the Supreme Court’s opinion in Petrella v.

Music 104

Music Derivative Work Fair Use Cease and Desist 104

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. At least one judge has defined the boundaries for litigants appearing in his court.

Business 52

Business Law Reporting Music 52

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Nearly every mainstream marketplace and social media platform has Acceptable Use Policies, which provide procedures for reporting intellectual property infringements.

Branding 52

Branding Brands Branding Intellectual Property 52

SpicyIP

AUGUST 15, 2021

They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. John Doe & Anr. 9 August, 2021]. The Delhi High Court in Star India Pvt. Other News from Around the World.

Licensing 83

Licensing Government Reporting Patent Law 83

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. The court will then pass an injunction order.

Business 52

Business Trademark Registration Cease and Desist 52

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership 65

Ownership Television Copyright Copyright Notice 65

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

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 Metaverse, like the present social platforms, requires that digital companies adopt a voice fit for the platform and act in a particular manner based on the context.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

43(B)log

AUGUST 11, 2022

But there was pressure from the market: this is a business trying to make money. The upside-down free riding story is just as hard to tell in litigation as the mosaic of exceptions and limitations that we already struggle to tell. One company does the market research and the other follows. It’s like using quotes.

IP 72

IP Copying Marketing Marketing 72

Technology & Marketing Law Blog

NOVEMBER 26, 2021

Thus, I think most government-operated online commenting venues, especially on social media, will be characterized as designated public forums–with all of the legal baggage that attaches to that status. We’ve already seen how trying to moderate social media activity has become a liability trap for government actors.

Social Media 105

Social Media Government Designs Design 105

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

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

Technology & Marketing Law Blog

JANUARY 28, 2022

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.

Social Media 89

Social Media Ownership Contracts Privacy 89

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Notably, this novel method of tracking ownership makes the resale process more structured and viable.

Trademark 52

Trademark Ownership Branding Brands 52

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. And even if you get a formula to work with, it gets hard/expensive.

Music 52

Music Art Copying Licensing 52