SpicyIP

JANUARY 22, 2024

Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution proceeding, and Bombay High Court’s interpretation of Section 60, Copyright Act. Read this guest post by Suriya Balakanthan to know more. Other Posts Nuziveedu v.

Patent Prosecution 59

Patent Prosecution Music IP Registration 59

Technology & Marketing Law Blog

APRIL 6, 2022

This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. Blog post on the prior ruling here.). The “Platform Policy” appears to grant a broad license to users of the API.

Licensing 113

Licensing Fair Use Blogging Copyright 113

Kluwer Copyright Blog

SEPTEMBER 26, 2022

This post enriches the body of work in this area by summarizing the key findings of our two-phase empirical research on end-user flexibilities and end-user license agreements (EULAs) of online content-sharing service providers (OCSSPs). Phase one was dedicated to the analysis of the EULAs and terms of use/service etc.

Art 100

Art Social Media Licensing Copyright Law 100

Velocity of Content

JUNE 29, 2023

Our in-depth review looked to expand upon existing research and resources to further uncover policy and system complexities and breakages that create missed funding and access opportunities for the communities that open access and open science models are designed to serve.

Publishing 85

Publishing Reporting Blogging Designs 85

Technology & Marketing Law Blog

JULY 1, 2022

Lead Stories’ fact-checking of Owens’ Facebook posts isn’t defamatory. Consumer Reviews. In the context of Yelp, a reasonable reader would understand that the review at issue here was Defendant Ly’s subjective opinion as a disgruntled customer.” “the ” More on the Consumer Review Fairness Act.

Blogging 89

Blogging Social Media Government Advertising 89

SpicyIP

JANUARY 8, 2024

This weekly review is co-authored with SpicyIP intern Vedika Chawla. Her previous posts can be accessed here. Read the post for the co-authored comments and blog post with substantive and procedural suggestions on the Draft Rules. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

The TTABlog

OCTOBER 6, 2022

26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use TTABlog Test: Is "THE CHIRO PLACE" Confusable With "THE CHIRO SPOT" for Chiropractic Services? TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Abandonment: Precedential No.

Service Mark 83

Service Mark Designs Design Ownership 83

Technology & Marketing Law Blog

JULY 22, 2021

Domen posted videos advocating for sexual orientation change efforts (SOCE). Last week, the panel issued a brief order granting the rehearing and vacating its prior opinion. It added a valuable tool to the Internet services’ defensive toolkit. Vimeo terminated his account.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

JUNE 1, 2022

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. The rest of this post will critique Justice Alito’s dissent: “This application concerns issues of great importance that will plainly merit this Court’s review.”

Social Media 121

Social Media Blogging Law Technology 121

Velocity of Content

APRIL 6, 2023

Often researchers assert their organization affiliation at many different points of the research lifecycle, including at the earliest stages of creating the grant proposal all the way through the submission of their research article. Fermi National Accelerator Laboratory versus The University of Chicago).

Publishing 94

Publishing Licensing Copyright 94

IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

Trademark 96

Trademark Registering Trademarks Registration IP 96

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

DECEMBER 17, 2023

[ This Weekly Review is co-authored with SpicyIP Intern Sidhi Pramodh Rayudu. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Read this post by Praharsh and Swaraj to find out more.

IP 59

IP Trademark Advertising Advertising 59

Technology & Marketing Law Blog

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The latest ruling addresses YouTube’s motion to dismiss the fourth amended complaint, which the court grants with prejudice.

Contracts 78

Contracts Blogging Litigation Licensing 78

Erik K Pelton

AUGUST 10, 2020

This is an edited transcript of the video posted below. First, I’ve reviewed thousands of trademark applications as an examine,r and now in private practice since 1999, I have filed many thousands of trademark applications for clients. Over the years I’ve worked on thousands of trademark applications.

Trademark 130

Trademark Ownership Social Media Editing 130

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? 5: TTAB Finds ICE MONSTER & Design Confusable With MONSTER ENERGY for Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

Registration 72

Registration Designs Design Trademark 72

Kluwer Copyright Blog

OCTOBER 17, 2023

More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. The decision was confirmed by the Review Board of the Copyright Office in February 2022 as well as in the recent decision by the U.S. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 124

Copyright Art Copyright Law Licensing 124

Patently-O

MARCH 24, 2022

Editors note – I invited Professor Nina Mendelson (University of Michigan Law School) to author a guest post after reading her 2020 Admin. Law Review article titled “ The Permissibility of Acting Officials: May the President Work Around Senate Confirmation? — Dennis Crouch. 1) The litigation background.

Patent 78

Patent Government Litigation Law 78

U.S. Department of Commerce

NOVEMBER 18, 2021

Department of Commerce’s NTIA Awards First Grants to Tribal Groups Seeking to Expand Broadband. The following is a cross-post from the National Telecommunications and Information Administration (NTIA). More information on these three grants is provided in the table below. November 18, 2021. KCPullen@doc.gov. Infrastructure.

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The TTABlog

JUNE 30, 2023

Yes] TTABlog Test: Are Personal Training Services Related to Clothing For Section 2(d) Purpose? TTAB Finds Supplements Related to CBD Cosmetics, But Not to Candles or Vape Pens TTABlog Test: Is EL BURRO BORRACHO Confusable WIth EL BURRO for Restaurant Services? [No]

Ownership 59

Ownership Registration Designs Design 59

Michael Geist

DECEMBER 1, 2022

raised digital policy concern over the summer , specifically citing Bill C-11 with a reference to “ pending legislation in the Canadian Parliament that could impact digital streaming services.” may levy equivalent tariffs on its choice of Canadian products or services. The relevant provisions are discussed in this post.

Designs 85

Designs Design Government Business 85

SpicyIP

JULY 23, 2023

Last week we published a literature review cum blog post on Artificial Intelligence and IP. This post is co-authored with SpicyIP intern Abhijeet Audichya. In this literature review cum blogpost, Yashna Walia looks through the various government policy documents on AI to see what they have to say about IP. Wine/Spirits.’

Trademark 98

Trademark IP Higher Education Moral Rights 98

SpicyIP

JANUARY 29, 2024

[ This weekly review is co-authored with SpicyIP intern Pranav Aggarwal. Read Tejaswini’s post to know more. Read Yogesh’s post to know more about the judgment! Read the SpicyIP tidbit by Pranav on the Bombay High Court dynamic injunction order against websites imitating PAN card service providers.

Music 59

Music Intellectual Property Copyright IP 59

Technology & Marketing Law Blog

JULY 9, 2022

Interactive Computer Service Provider. Based on its own allegations, the FTC challenges Match’s conduct related to its internal efforts to review user accounts for being fake. It would be impossible for service providers to screen each of their millions of postings for possible problems.”” Prior blog post.

Advertising 120

Advertising Advertising Publishing Blogging 120

IP and Legal Filings

APRIL 21, 2024

The charges comprised of him possibly acting with malicious and mala-fide intent, violating procedures established by government and service rules. Therefore, an appeal was filed in the SC via “grant of special leave” because appellants felt that the chargesheet instead of being quashed should have been confirmed by the HC.

Government 83

Government Art Journalism Law 83

IP Tech Blog

OCTOBER 10, 2021

Serving a district court complaint for patent infringement on a foreign defendant usually requires compliance with the Hague Convention on Service. For the first time in more than a decade, the Federal Circuit addressed service of process under Federal Rule 4(f)(3) in its decision issued in In re: Oneplus Technology (Shenzhen) Co.,

Patent 57

Patent Technology Litigation Patent Infringement 57

Technology & Marketing Law Blog

JANUARY 30, 2024

This is an IP enforcement action against a print-on-demand service called Printify. Printify manually reviewed a sample of nearly 60,000 of those merchants’ product sales and removed from its database the 37 products that it identified as potentially infringing. 28-1 as linking to merchant websites with potentially infringing products.

Publishing 74

Publishing Trademark Designs Design 74

SpicyIP

JULY 2, 2021

We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. patent grants and patent applications. Editors’ Note: This is a sponsored post. About the USPTO.

Intellectual Property 105

Intellectual Property Registering Trademarks Patent Application Inventor 105

SpicyIP

SEPTEMBER 4, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Ishant Jain argues in this post why such usage should not amount to trademark infringement. Other Posts The Times They Are a-Changin’? Central Park v. Provident Housing Ltd.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

SpicyIP

AUGUST 2, 2021

In a guest post , Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. The post focuses on three methodological flaws in the Report. The post focuses on three methodological flaws in the Report. Thematic Highlights. Back from the Dead?

Reporting 116

Reporting Designs Design Copyright 116

SpicyIP

OCTOBER 23, 2023

[ This SpicyIP Weekly Review is co-authored with SpicyIP intern Sidhi Pramodh Rayudu. Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. In their co-authored post, Sidhi, Praharsh and Swaraj write on this order. Chancery Pavilion v.

Designs 52

Designs Design Music IP 52

SpicyIP

MAY 28, 2023

[ This Weekly Review has been co-authored with SpicyIP intern Shikhar Chauhan. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 3 posts, 4 case summaries, and other IP developments that took place last week. Other Posts Trademark musings to beat the Monday Blues!

Invention 98

Invention Trademark Copyright IP 98

The TTABlog

OCTOBER 2, 2023

27: TTAB Renders Split Decision in Appeal From Section 2(d) Refusal of IMPACT for Various Healthcare Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? TTABLog Test: Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services? [No] Precedential No.

Reporting 64

Reporting Trademark Registration Designs 64

SpicyIP

SEPTEMBER 11, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Other Posts Have a Break, Have a KitKat: The Chocolate or Chanachur? Read the short post on this by Praharsh. Wondering what IP developments took place last week? Promoshirt SM SA v.

Registration 105

Registration Trademark Copyright Music 105

TorrentFreak

SEPTEMBER 30, 2021

Earlier this year Texas-based model Deniece Waidhofer sued Thothub for copyright infringement after the site’s users posted many of her ‘exclusive’ photos. Olguin reviewed Cloudflare’s motion and released a mixed order. This includes the suggestion that Cloudflare marketed its service to pirate sites.

Copyright Infringement 125

Copyright Infringement Advertising Advertising Copyright 125

Velocity of Content

FEBRUARY 9, 2023

ISNI IDs are an important part of helping to make sure that individual and organizational identities are correctly attributed in, for example, royalty payments, transactions, catalogues, and discovery services. Their use helps to create interoperability among the services that utilize them.

Publishing 86

Publishing Registration Music Copyright 86

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

[This is a 6k+ word blog post that was joyless to write and most likely will be joyless to read.]. ” Yes, a federal judge literally thinks the Internet services are “obsessed” with “censoring” Nazis and terrorists. This post will focus on Judge Oldham’s terrible majority opinion. Background.

Social Media 136

Social Media Publishing Law Blogging 136