Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. This case is unusual because the Doe defendants attempted to quash the subpoena.

Privacy 117

Privacy Fair Use Blogging Copyright 117

Traverse Legal Blog

NOVEMBER 11, 2020

Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc. Use of Airbnb.com allows users to see all listing information and associated web pages under a ‘browser wrap’ arrangement with the terms of service and privacy policies linked in the footer. first appeared on Traverse Legal.

Litigation 69

Litigation Contracts Business Marketing 69

Technology & Marketing Law Blog

JULY 26, 2023

The domain registration is cloaked. Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. When doing so, defendant had to agree to the Terms and Privacy Policy.

Cease and Desist 91

Cease and Desist Blogging Contracts Privacy 91

Technology & Marketing Law Blog

DECEMBER 23, 2022

This outcome is consistent with other “Internet of Things” cases, such as the 23andMe litigation (and, in a sense, the ProCD v. the text notifying the customer of the COUs when creating an account reads: “By creating an account, you agree to Amazon’s Conditions of Use and Privacy Notice.” Zeidenberg case from way back when).

Contracts 80

Contracts Privacy Registration Government 80

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Also, product shots have been a constant source of copyright litigation. Who Cares About Privacy?

Trademark 140

Trademark False Advertising Advertising Advertising 140

LexBlog IP

AUGUST 25, 2023

” Melanie Lane, Attorney Jenka Lab, the owner of exclusive rights to the software and multiple federal copyright registrations for the gaming codes and graphics used in these games, has registered its word and design marks with the United States Patent and Trademark Office.

Intellectual Property 52

Intellectual Property Intellectual Property Law Trademark Business 52

IPilogue

JANUARY 14, 2022

For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand. 2000 SCC 66 at para. v Sport Maska Inc.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Loot boxes are on the horizon. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Lisa Jorgenson, spoke at the Seminar’s featured session. Jorgenson discussed her new appointment as WIPO’s first IP and Gender Champion.

Reporting 57

Reporting Law IP Patent 57

Technology & Marketing Law Blog

APRIL 16, 2022

And in the gray zone of sign-in wrap agreements, enforceability requires conspicuous textual notice that completing a transaction or registration signifies consent to the site’s terms and conditions. The hyperlinks were underlined but. appeared in the same gray font as the rest of the sentence.

Contracts 114

Contracts Designs Design Law 114

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). One may wonder how the said judicial transparency interplays with commercial cases.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

AUGUST 4, 2023

Biofire isn’t submitting for registration in NJ to avoid triggering law. Tort tries to get people to make safer products to encourage innovation, but also leads to anxieties about creating new stuff b/c it risks litigation v. Microstamping: tech that imprints a gun’s serial number on discharged rounds.

Copyright 52

Copyright Fair Use Marketing Marketing 52

SpicyIP

AUGUST 8, 2021

In the interim order, it was found that there is a prima facie case to uphold the petitioner’s RTBF, based on (1) the protection of his right to privacy and reputation both online and offline, and (2) providing an acquitted person the right to have their name redacted and stop being identified as an accused person.

Privacy 105

Privacy Journalism Inventor Music 105

The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JULY 31, 2023

Gaurangi writes on the recent DPIIT public notice restraining Copyright Societies from violating Section 52(1)(za), remarking how it falls short in clarifying the present situation and may be susceptible to further litigation. Hollow Victory? Is Messenger RNA Patent-Eligible?

Designs 98

Designs Design Invention Intellectual Property 98

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

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. Blockchain’s possible application in the world of IP?

Technology 52

Technology Patent IP Invention 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

JANUARY 23, 2023

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Litigation pertaining to ‘Ismail Building’ trademark settled. Case: Marie Gold Realtors Pvt.

Designs 105

Designs Design Invention Registration 105

SpicyIP

FEBRUARY 24, 2023

Her areas of interest are Intellectual Property Laws, Data Privacy Laws and Company Law.] Techsquare has 2 more applications awaiting registration for ‘Alphard’ word mark and a device, under Class 12 for land vehicles, and the same have been opposed by Toyota in 2017 (word mark) ( pdf ) and in 2018 (device) ( pdf ). Image from here.

Registration 75

Registration Intellectual Property Law Trademark Branding 75

TorrentFreak

DECEMBER 22, 2022

The complaint notes that at least two of these pirate sites use privacy services provided by the named defendants – Cloudflare and domain company NameSilo. TIR claims that enforcing its rights is all but impossible due to these privacy services. 65 Videos in Total. While bold, TIR’s allegations are nothing new.

Privacy 119

Privacy Copyright Infringement Trademark Copyright 119

43(B)log

FEBRUARY 24, 2023

That sounds like describing a standard, though, especially given litigation incentives, as Glynn Lunney has written.] III judges have no idea what registration is and just guess at its general meaning.] Are we seeing claims adjoined to TM that suggest related problems, the way we’re now seeing © and privacy claims brought together?

Trademark 49

Trademark Branding Brands Branding 49

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59

Technology & Marketing Law Blog

AUGUST 11, 2023

In re: StubHub Refund Litigation , No. The court says it’s immaterial that there is a potentially long time delay between user registration and the purchases. This legal standard ensures lots of meritless litigation. 22-15879 (9th Cir. ” What does the court want to see in the “to” field…?

Contracts 76

Contracts Law Reporting Blogging 76

LexBlog IP

MARCH 27, 2023

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. The firm was founded in 1999 [ sic ] and has since grown to become one of the largest IP law firms in the Midwest region of the United States. For example, the U.S.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Bruce Boyden: Privacy cases about the privacy torts also do so. Pam Samuelson: don’t forget 1202.

Privacy 59

Privacy Fair Use Fanworks Government 59

Above the Fold

MARCH 2, 2022

The examiner refused registration of the mark based, in part, on Section 2(c) of the Lanham Act, which bars registration of a mark that “[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent….” The TTAB affirmed the refusal and Elster appealed.

Registration 52

Registration Government Privacy Trademark 52

Technology & Marketing Law Blog

MARCH 4, 2022

Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression. By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. The Federal Circuit disagreed.

Registration 123

Registration Blogging Trademark Privacy 123

LexBlog IP

MARCH 2, 2022

The examiner refused registration of the mark based, in part, on Section 2(c) of the Lanham Act, which bars registration of a mark that “[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent.” ” 15 U.S.C. § § 1052(c). .’”

Government 52

Government Registration Privacy Trademark 52

43(B)log

FEBRUARY 23, 2024

You can also see it in Tam & Brunetti—little interest in how TM works, the relationship b/t registration and enforcement, even though that’s central to the Lanham Act. Similar with registration agencies—a firehose coming at them. Standing makes him nervous b/c of privacy. This issue is not going to go away.

Trademark 45

Trademark Law Branding Brands 45

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Does it mean that a service’s user-generated content must be readable by the public without registration or a fee? If anyone can register for an account, but their content is published behind a registration wall or paywall, is the service still open to the public? Or that accounts must be available to anyone who wants them?

Social Media 145

Social Media Law Publishing Government 145

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69