Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. Meta appeared first on Technology & Marketing Law Blog. Meta Platforms, Inc.

Trademark 93

Trademark Contracts Blogging Fair Use 93

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. and includes both commercial and non-commercial aspects.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MAY 30, 2023

The employee-protection social media laws have mostly faded from memory, but they did not resolve when a social media account was the employer’s or employee’s. A decade late, we are still waiting for the case law to answer that question. bangenergy.ceo; @bangenergy.careers; @bang_merch; etc.); Christou v.

Social Media 80

Social Media Ownership Marketing Marketing 80

Technology & Marketing Law Blog

JANUARY 24, 2024

Can you imagine how much better off they both would have been if they had worked out a deal initially and then spent all of their time and money doing marketing and focusing on their customers’ needs rather than paying lawyers? Gutman appeared first on Technology & Marketing Law Blog. Gutman , 2024 WL 172609 (2d Cir.

Social Media 80

Social Media Ownership Designs Design 80

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. privacy policy; and. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM. Gutman’s vision for JLM’s marketing that it would be an extension of her personality.

Social Media 99

Social Media Ownership Branding Brands 99

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. This unauthorized usage may also give rise to breaches of confidence or violations of privacy.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

Advertising 99

Advertising Advertising Trademark Settlement 99

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Trademark owners will weaponize that ambiguity. The Lanham Act doesn’t preempt state trademark laws, so this law isn’t likely to preempt any state law equivalents. Who Cares About Privacy? Trademark owners demanded the WHOIS system to make it easier for them to sue domain name registrants.

Trademark 137

Trademark False Advertising Advertising Advertising 137

Technology & Marketing Law Blog

JANUARY 28, 2022

We’ve blogged about state laws directed at ownership of (and privacy regarding) employee social media accounts. One issue with these laws is that social media accounts often evolve and involve a mix of personal and professional. The Spectacular Failure of Employee Social Media Privacy Laws. Christou v.

Social Media 90

Social Media Ownership Contracts Privacy 90

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. With the size of such a market, there is always a high possibility of intellectual stealing in order to maximize profit.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Technology & Marketing Law Blog

MARCH 10, 2022

What about employee social media laws? Maryland enacted a social media privacy law in 2021. As with other such laws, this law struggles with definitions. The Spectacular Failure of Employee Social Media Privacy Laws. Social Media and Trademark Law” Talk Notes. An Update on PhoneDog v.

Social Media 80

Social Media Contracts Ownership Business 80

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand. New market entry opportunities?

Trademark 72

Trademark Marketing Marketing Advertising 72

Intepat

MAY 16, 2023

Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New? “Ad-word”

Trademark 59

Trademark Publishing Journalism Copyright 59

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Thus, there is no question of invasion of privacy or personal information of a third party being sought.

Designs 52

Designs Design Trademark Cease and Desist 52

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. “[I]t

Fair Use 52

Fair Use Trademark Copyright Editing 52