IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The concept of passing-off under Trademark law can be applied if the person concerned is a well-known figure. It is a common tort law aspect and can be used for unregistered trademarks. In Amitabh Bhachchan v.

Personality Rights 52

Personality Rights Intellectual Property Social Media Intellectual Property Law 52

The TTABlog

JUNE 12, 2023

trademark law requires applicants to include their domicile addresses in trademark applications. Sincerely, Jamie Holcombe USPTO Chief Information Officer and Chief Privacy Officer Read comments and post your comment here. What happened and what information was involved? Text Copyright John L. Welch 2023.

Trademark 70

Trademark Privacy Trademark Law Licensing 70

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Technology & Marketing Law Blog

JANUARY 24, 2024

Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Gutman Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v.

Social Media 79

Social Media Ownership Designs Design 79

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

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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.

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Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

AUGUST 5, 2022

Bloomberg Law: “ JLM Likely Owns ‘Hayley Paige’ Insta Account, Court Says (Correct) ” Linnea Orians: “ More Than a Name: A New Era ” Related Posts : Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back. The Spectacular Failure of Employee Social Media Privacy Laws.

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Social Media Ownership Branding Brands 98

Intepat

JULY 4, 2023

While YouTube seeks to protect the IP rights of the trademark holder, they only provide a minimal investigation of the complaint. However, in addition to these limited measures, the trademark laws in India provide the following comprehensive remedies for trademark infringement.

Trademark 52

Trademark Social Media Branding Brands 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 79

Social Media Contracts Ownership Business 79

IIPRD

OCTOBER 14, 2022

Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization. The unlawful use of a web domain containing a registered trademark is in direct violation of the Indian trademark law.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Selvam & Selvam Blog

APRIL 5, 2022

With specific reference to India, personality rights are considered a part of the right to privacy guaranteed under Article 21 of the Indian Constitution. Also referred to as publicity rights, it is defined as the right of a person to his/her own personality and provides for the right to control commercial use of one’s human identity.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. Corruption in IP Offices, Anything New? “Ad-word” Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Trademark Law. Parody in Trademarks is No Joke.

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IP Copyright Infringement Inventor Intellectual Property 106

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. .

Privacy 117

Privacy Copyright Infringement Trademark Copyright 117

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

The IP Law Blog

JANUARY 12, 2023

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. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. The Kerala High Court had recognised a petitioner’s right to privacy and reputation while seeking the removal of their name from judgments published on IndianKanoon.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. The majority ends with a not-credible declaration that its ruling doesn’t threaten free speech.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

The IPKat

NOVEMBER 27, 2021

The book consists of four parts, 52 chapters, and covers research methods in a variety of areas of law: privacy law, criminal law, popular culture research, or psychology, to name a few. In this post, this Kat will review the first two Parts, on intersections of IP with other areas of law and with the humanities.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

Technology & Marketing Law Blog

MAY 30, 2023

Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Gutman Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v.

Social Media 79

Social Media Ownership Marketing Marketing 79

Patently-O

JUNE 8, 2023

The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply.

Trademark Law 67

Trademark Law Trademark Law Fair Use 67

SpicyIP

JANUARY 23, 2023

Differentiating the right to privacy and the right to anonymity, the court held that a tussle between RTBF and public interest needs to be settled mainly through legislative action and, in some cases, by Courts using a balancing exercise.

Designs 105

Designs Design Invention Registration 105

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 98

Advertising Advertising Trademark Settlement 98

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. The court, in a careful opinion, rejected all the claims.

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Publicity Rights and the Right to Privacy in India, 31.1 Puttaswamy (retd.) Union of India and Ors. Rajagopal v.

Privacy 94

Privacy Intellectual Property Law Intellectual Property Advertising 94

SpicyIP

AUGUST 16, 2021

This appears to be most similar to the test for passing off in trademark law, whose elements are goodwill associated with the mark (which is similar to the reputation associated with a celebrity’s real or professional name), likelihood of deception, and damages.

Social Media 72

Social Media Personality Rights Law Branding 72

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases.

Registration 74

Registration Trademark Blogging Law 74

SpicyIP

OCTOBER 11, 2022

Q: What do you think is an emerging field or topic in IP law that future lawyers should focus on? Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). These Technology Marketplaces raise a variety of concerns including privacy and antitrust.

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IP Law Intellectual Property Privacy 105

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

Registration 119

Registration Blogging Trademark Privacy 119

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. Mid-Point Discussants: Eric Goldman Antitrust is not a model of empirical evaluation at law, but empirical evidence does matter across consumer law—formation of TOS.

Trademark 72

Trademark Marketing Marketing Advertising 72

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.

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Social Media Ownership Contracts Privacy 89

Patently-O

JUNE 11, 2023

Rothman, The Right of Publicity: Privacy Reimagined for a Public World 145 (2018) (“At least five balancing approaches have been applied to evaluate First Amendment defenses in right of publicity cases.”). [9] Robert, Trademark Failure to Function , 104 Iowa L. 401 (2018); Lisa Ramsey, A Free Speech Right to Trademark Protection? ,

Registration 62

Registration Trademark Government Law 62

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.

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Registration Government Advertising Advertising 69