The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them. The panel also discussed the incoming Digital Markets Act (DMA) and its expected impact.

Reporting 128

Reporting Law Due Diligence Branding 128

Plagiarism Today

JUNE 1, 2022

But, for some SEO practitioners, it may be a cause for concern. For people interested in SEO, there are two separate reasons why this is an interesting topic: Worried About Being Copied: Copying and republishing content has been a “black hat” SEO tactic for as long as there has been SEO.

Plagiarism 187

Plagiarism Copying Copyright Marketing 187

azrights

JUNE 19, 2023

Last week I mentioned that Tesco lost the benefit of its million-pound marketing spend because it used the Clubcard name instead of a stronger name like Tescocard. Unless people understand brand IP principles, they don’t realise what a weak name looks like, or that it could cause their business to be less successful or to even fail.

Branding 52

Branding Brands Branding Business 52

Technology & Marketing Law Blog

NOVEMBER 6, 2023

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. Even if their legal position is ultimately meritless, they can weaponize this argument to suppress the recordings, extract cash, and generally cause chaos. Epic appeared first on Technology & Marketing Law Blog.

Copyright 76

Copyright Blogging Music Copying 76

Technology & Marketing Law Blog

OCTOBER 12, 2022

The first video, “Government Fueled Fires,” downplayed the impact of climate change as the cause of California’s annual forest fire conflagrations. Meta appeared first on Technology & Marketing Law Blog. John Stossel has over a million Facebook followers. ” Implications. What Does “Fact Check” Mean?

Litigation 133

Litigation Advertising Advertising Blogging 133

TorrentFreak

MARCH 29, 2024

A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders.

Privacy 103

Privacy Publishing Marketing Marketing 103

SpicyIP

OCTOBER 26, 2022

After a few sessions on conceptual and theoretical ideas around IP, this set of sessions will now take the class on a different not-so-theoretical topic and deliberates upon IP issues that crop up around clinical trial test data, drug innovation, Indian drug regulatory regulation etc. Why is it even in the market? .

IP 118

IP Invention Patent Marketing 118

IIPRD

APRIL 2, 2024

ix] Generic manufacturers, like those of India, invest heavily in demonstrating bioequivalence and challenging weak brand patents, competing based on cost and supply in a market where multiple bioequivalent products are available. [x] India is dedicated to finding a careful balance, as seen by its strong position against data exclusivity.

Intellectual Property 105

Intellectual Property Branding Brands Branding 105

Velocity of Content

APRIL 27, 2022

The news was devastating to snacks in European and Asian markets. Consider these examples: Cyclamate was a very useful artificial sweetener with wide international distribution and use before a late 1960s study caused the FDA to revoke its GRAS status for potentially causing cancer.

Journalism 98

Journalism Technology Blogging Licensing 98

43(B)log

FEBRUARY 15, 2022

I’d be interested to know if there was any good writing on the topic of what constitutes an admissible statement about third party confusion.] The factors that favored Boost—similarity of the products/marketing channels—were not meaningful given the other factors; they’d favor Boost no matter what the product’s name was.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

The IP Law Blog

JULY 15, 2021

As a result, the USPTO has requested comments from the public on 13 topics, which can be found at this link and are paraphrased and summarized below. After evaluating the public’s responses, the Senators requested that the USPTO prepare a summary of its findings by March 5, 2022.

Law 109

Law Patent Invention Intellectual Property 109

43(B)log

SEPTEMBER 6, 2021

Here, the parties compete in the market for addiction treatment. So, is damage to the plaintiff part of the cause of action or no? Is that true for false advertising plaintiffs? He himself acknowledged at his deposition that it was “beyond his scope of understanding” to explain how plaintiff was damaged.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Biswajit Sarkar Copyright Blog

JULY 13, 2022

When a style or brand becomes well-known, others often brazenly imitate it, which causes the creators of the original goods to suffer a great loss. In light of this, each industrial design asset and the brand that markets it must be secured by intellectual property rights in the fashion sector. There is fierce market competition today.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 2, 2022

This is the bill’s core restriction: A social media platform shall not use a design, feature, or affordance that the platform knew, or which by the exercise of reasonable care should have known, causes child users to become addicted to the platform. Which casino caused the addiction? Child = under 18. This bill erases the line.

Social Media 86

Social Media Privacy Designs Design 86

TorrentFreak

JANUARY 2, 2024

million people (according to SimilarWeb) in ’23, was provisionally found to have earned about 340 million won [$35 million] in advertising revenue,” the statement notes, adding that the platform illegally shared almost 27,000 titles causing “significant damage” to the publishing industry. live / 1412.rest

Advertising 87

Advertising Advertising Reporting Publishing 87

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

APRIL 29, 2022

We had heard that his confirmation vote to become the fifth commissioner was going to happen this week, but apparently a few high-profile COVID-19 cases caused a delay in his vote. Being able to cancel such subscriptions easily has been a frequent FTC topic of late.

Business 52

Business Law Litigation Marketing 52

TorrentFreak

NOVEMBER 25, 2021

Finnish market research company Taloustutkimus Oy has published its Copyright Barometer report for 2021. Of interest is that despite other reports stating that the coronavirus pandemic has caused increases in pirated content consumption, the majority of the respondents in Finland claimed otherwise.

Music 119

Music Reporting Copyright Copyright Infringement 119

SpicyIP

MARCH 30, 2023

Background Dabur alleged that by comparing carbonated drinks with “ready to serve” (RTS) fruit beverages, Rathee has made unfair comparisons between the two products and has thus caused a generic disparagement of all packaged drinking fruit juices. In the case of Hindustan Unilever Limited v.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

Technology & Marketing Law Blog

OCTOBER 23, 2021

The treadmill has caused numerous personal injuries, and Peloton has recalled it. The court discusses another topic I don’t often see discussed. Peloton appeared first on Technology & Marketing Law Blog. This case involves the Peloton treadmill (“Tread+”). ” The Mom and Son.

Contracts 116

Contracts Registration Litigation Copying 116

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. This ruling covers two key topics related to 512. This denial is sufficient to bar judgment on the pleadings on this cause of action.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

” “Because Amyiah’s social media posts were protected speech, Sergeant Klump could not have reasonably believed he had probable cause to arrest her or her family.” Nevertheless, we have seen many seemingly-smart people, and politicians, advocate for government censorship of online misinformation about COVID or other topics.

Law 102

Law Social Media Government Contracts 102

LexBlog IP

JULY 15, 2021

As a result, the USPTO has requested comments from the public on 13 topics, which can be found at this link and are paraphrased and summarized below. .” After evaluating the public’s responses, the Senators requested that the USPTO prepare a summary of its findings by March 5, 2022.

Law 52

Law Invention Patent Intellectual Property 52

LexBlog IP

SEPTEMBER 9, 2022

The second portion of the notice emphasizes the consistency of disclosure to the USPTO among other governmental agencies and commercialization activities, including market testing, offers for sale, and reduction to practice. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1.

Government 52

Government Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

JULY 18, 2023

This topic, and Google’s use of its dominant position, found its way to Congressional deliberations , where Google was accused of “intercept[ing] traffic from third-party websites by forcibly scraping their content and placing it directly on Google’s own site.” From this perspective, Genius’s complaint is rather standard.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Michael Geist

APRIL 6, 2022

” The Canadian government and Minister Rodriguez do not seem particularly concerned about the harm to the Internet that Bill C-18 could cause. Rodriguez insists that the government is supporting a market-based approach , but nothing could be further from the truth. Now that Bill C-18 is available, it is even worse that expected.

Government 99

Government Business Journalism Marketing 99

IP and Legal Filings

MARCH 7, 2022

It’s a common law principle that holds someone liable if they cause a direct infringer to infringe. It has the potential to cause conflict. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position).

Trademark 59

Trademark Law Registering Trademarks Branding 59

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. Elsewhere, it added the phrase “the Loan Agreement obligates the Borrower to (and the Issuer shall cause the Borrower to)” to Idaho’s language in the first paragraph of the section. William Blair & Co. ,

Copyright 46

Copyright Copying Copyright Infringement Editing 46

Patently-O

FEBRUARY 27, 2024

A factfinder should be aware, of course, of the distortion caused by hindsight bias.”). Of course, the PHOSITA level is fact dependent and changes according to the area of technology or market. However, it is evident that the term is no longer understood in a rigid or formalistic way. Quoting Intel Corp. Qualcomm Inc., 4th 784 (Fed.

Art 120

Art Invention Patent Application Patent 120

IP and Legal Filings

MARCH 7, 2022

It’s a common law principle that holds someone liable if they cause a direct infringer to infringe. It has the potential to cause conflict. Trademark infringement occurs when a person who is not allowed to use a trademark does so in any way that benefits him (either financially or in terms of market position).

Trademark 56

Trademark Law Registering Trademarks Branding 56

The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

Litigation 98

Litigation Patent Marketing Marketing 98

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Applicable IP rights.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Patently-O

OCTOBER 5, 2021

Topics for Public Comment. marketing; h. Please explain whether the state of patent eligibility jurisprudence in the United States has caused you to modify or shift investment, research and development activities, or jobs from the United States to other jurisdictions, or to the United States from other jurisdictions.

Patent 102

Patent Intellectual Property Invention Inventor 102

Kluwer Copyright Blog

MARCH 2, 2022

Linked to incentives and creativity, this is something that Daniel Gervais calls ‘The Human Cause’ (see here and here ). To comprehensively understand the key implications of robojournalism, copyright lawyers should also take a close look at the topic from the angle of media and communications studies.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107