Michael Geist

FEBRUARY 23, 2022

All of this may sound technical, but the bottom line is that the starting point for regulation in Canada is all audio-visual content is now cast as a “program” under the Act. Program is therefore broadly defined to capture any audio-visual content provided that it is not predominantly text.

Social Media 96

Social Media Government Law Registration 96

Patently-O

DECEMBER 18, 2023

31498 (July 2, 2019). Although the Act has been amended numerous times, since its original passage it has expressly required applicants to provide their domicile when applying for a federal trademark registration. “The application shall include specification of the applicant’s domicile.” 1051(a)(2). Counsel Rule.

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Trademark Privacy Registration Licensing 45

SpicyIP

APRIL 1, 2024

This flows from the principle of denial of presumptive validity to a patent which is expressly provided for in Section 13(4) of the Patents Act, 1970 and has been interpreted as such by the Hon’ble Supreme Court in the landmark judgement of Bishawanath Prasad Radhey Shyam v. Kartikeya is an Advocate practicing in the High Court of Delhi.

Art 45

Art Patent Invention Technology 45

SpicyIP

AUGUST 25, 2021

This is not the first time that these companies have engaged in comparative advertising for the same products as discussed in a previous post. There is a thin line separating puffery and disparagement. We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 5th year B.A. Pragya Jain.

Fair Use 105

Fair Use Advertising Advertising Branding 105

Patently-O

JULY 29, 2022

The appellant’s rehearing petition would have ordinarily been due on Groundhog Day, February 2, but HEC requested and was granted a 21-day delay and that meant that Novartis’s response would not be due until after Judge O’Malley’s retirement. Does the claim violate the written description requirement of 35 U.S.C.

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Invention Art Patent Patent Application 61

Bio Law Blog

DECEMBER 3, 2020

Historically, the printed matter doctrine was invoked to preclude patenting of the mere arrangement of printed lines or characters, and has its origins in the context of patenting of business forms. Over the past decade, the “printed matter doctrine” has rarely been invoked in life sciences cases, but recently on Nov. ” Id.

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Invention Art Patent IP 40

IP and Legal Filings

SEPTEMBER 3, 2021

When a store layout is designed to create a smooth traffic flow of customers, has attractive display spaces, is well lit and has an exclusive design with placements that are unique to the brand, it could significantly influence consumer behaviour, thus leading to profitability. This has introduced a new wave of non-conventional trademarks.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JULY 16, 2021

The finalized EDPB Guidelines on the concepts of controller and processor (07/2020) in the GDPR were published this week. The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR.

Contracts 52

Contracts Publishing Reporting Privacy 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager advanced four claims: California Constitution article 1, section 2 (free speech); Unruh Act violations; UCL; and breach of the implied covenant of good faith and fair dealing. While the Ninth Circuit case was pending, Prager doubled down by initiating a parallel state court lawsuit. YouTube defended on Section 230 and other grounds.

Contracts 135

Contracts Publishing Law Government 135

43(B)log

MAY 22, 2023

They had “fleeting” links to New York, and most no longer work as full-time models. May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. 59 Murray Enters., 3d 233 (2d Cir.

Social Media 49

Social Media False Advertising Advertising Advertising 49

Technology & Marketing Law Blog

JANUARY 9, 2024

Instead, plaintiffs’ sole focus, they say, is on (1) Snap’s alleged independent tortious conduct and (2) Snapchat (a “feature-packed social media app.”) The plaintiffs are parents of Snapchat users who purchased fentanyl from other Snapchat users and suffered overdoses. ”) as a defective product. Note: Liapes v.

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Publishing Designs Design Law 75

LexBlog IP

FEBRUARY 21, 2023

4] The piece that details three figures dressed in flowing gowns, staring out to either a bright beaming moon, or a window to the intensely lit beyond, depending on what your eye constructs, was created with the text to image A.I. plays a more substantial role in its creation? plays a more substantial role in its creation?

Art 52

Art Copyright Intellectual Property Technology 52

Kluwer Copyright Blog

JUNE 1, 2023

With this letter, we do not want to look back at the many past initiatives, which were undeniably of great importance in realizing the harmonization of national copyright laws since 1988 [2]. The letter is available here and its contents are reproduced below. Our Society is not funded, nor do any stakeholders instruct it.

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Copyright Law Copyright Law Art 111

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

With the PTAB’s constitutional defect now cured, the post-grant world refocused its attention back to more typical matters – discretionary denial, institution reviewability, and the one-year time bar, among other issues. Filings at the PTAB in 2021 also reflect a general slowdown, with a decline of about 10% from 2020. [1] Download a PDF.

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Reporting Art Invention Patent 52

LexBlog IP

JUNE 14, 2023

Berardi testified that he went to Home Depot a few hours after the Ragner Tech meeting and purchased materials to make his own expandable hose prototype where water flowed through an outer tube and an inner elastic tube was used for retraction. when] measured against dimension of the full invention,” the panel in Blue Gentian, LLC v.

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Inventor Invention Designs Design 52

Dragons' Den

JANUARY 12, 2023

A quick search of our trade mark database tells me that their clothing line Uptheir trade mark has been registered with the IPO since April 2018. It's hard to believe that Dragons’ Den has been around since 2005. In tonight’s episode we saw a delightful throw back of Peter Jones and his investments. Kiss the pug for luck!

Business 52

Business Invention Intellectual Property IP 52

IP and Legal Filings

JANUARY 22, 2024

The connecting line of recognition of copyright can be drawn back to the ancient times, when Roman jurists like Gaius and Justinian discussed the concepts of incorporeal property, to the enlightenment era where philosophers such as John Locke and Immanuel Kant contributed to the aspects of intangible property (such as copyright, trademark, etc).

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

LexBlog IP

APRIL 15, 2022

At the same time, art fairs such as West Bund Art & Design [3] and ART021 Shanghai Contemporary Art Fair [4] have brought together top galleries, artists, and art lovers from around the world, contributing to large volumes of international art transactions and accelerating the integration of China’s art market with the global art market.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

MARCH 30, 2022

At the same time, this inconsistency is distressing, especially since the grand purpose of the Directive is to foster a digital single market. Both Article 7b(2)(c) of the Dutch Neighbouring Rights Act and Section 87g(2)(4) of the German Copyright and Related Rights Act very much stick to the wording of Article 15(1) of the CDSM Directive.

Publishing 52

Publishing Intellectual Property Law Intellectual Property Related Rights 52

Technology & Marketing Law Blog

JUNE 22, 2023

The CJPA bypasses the government’s intermediation and supervision of these cash flows. The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models? The CJPA is none of that.

Journalism 89

Journalism Social Media Publishing Government 89

TorrentFreak

NOVEMBER 27, 2021

In line with previous High Court guidance, the letter did not specify a settlement amount. Back in September we broke the news that Voltage Holdings LLC, a company well known for tracking down pirates worldwide, had obtained a High Court order compelling Virgin Media to hand over subscriber data. ” Loss Recovery: Cost of Film. .

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Copying Settlement Cinema Copyright 139

IIPRD

DECEMBER 28, 2021

Piracy, for example, has always been a problem in the music industry, but the nature of the problem has changed over time. As a result, recruiting and engaging users is critical to platforms’ commercial success, as well as a driving force behind why and how platforms aim to control the flow of information, people, goods, and services.

Music 40

Music Intellectual Property Copyright Copyright Law 40

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.

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Blogging Publishing Social Media Advertising 108

LexBlog IP

MARCH 24, 2023

The Tenth Circuit had affirmed on the basis that infringing products might ultimately flow into the United States and/or divert sales from U.S.-based The Court is now faced with determining exactly where to draw the line. and abroad. Both Abitron Austria GmbH et. Hetronic Int’l, Inc. and Jack Daniel’s Properties Inc.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

IP and Legal Filings

MARCH 28, 2023

Introduction Today, digital products and services are ubiquitous, and “Big Tech ” is at the heart of the modern economy all around the globe. According to a survey done by the McKinzie Global Institute, India is the second-fastest adopter of digital technology among the 17 largest digital economies. & Ors 2011 and Ramakant Kini v Dr. L.H.

Marketing 52

Marketing Marketing Cease and Desist Technology 52

43(B)log

APRIL 7, 2023

Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new rules. Licensing and filtering replaces safe harbor.

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Art Licensing Designs Design 64