Technology & Marketing Law Blog

JULY 18, 2023

We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). But copyright law isn’t limitless; it leaves many intangible goods, especially factual data, unprotected, and it allows many uses of protected works.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

LexBlog IP

AUGUST 26, 2021

The fact sheet, entitled Protecting Sensitive and Personal Information from Ransomware-Caused Data Breaches provides organizations with tips to prevent and respond to ransomware. ” The guidance sets forth some examples of good cyber hygiene, including: Ensuring antivirus and anti-malware software and signatures are up to date.

Government 40

Government Intellectual Property 40

43(B)log

FEBRUARY 15, 2022

The only coherent way to test descriptiveness is to ask what’s required to connect two things you already know about—the mark and the goods/services—rather than asking whether the goods/services can be guessed from the mark alone.] Well, for what ? The key here is labeling, and the ads were properly labeled. Multi Time Machine v.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

LexBlog IP

NOVEMBER 30, 2021

In determining whether to keep certain records sealed, Courts must evaluate whether good cause exists to prevent access, balancing “the asserted right of access against the other party’s interest in keeping the information confidential.” The Georgia District Court agreed , and UNOS appealed.

Confidentiality 52

Confidentiality Litigation Privacy Intellectual Property 52

SpicyIP

SEPTEMBER 11, 2023

However, the allegation of plagiarism by a Governmental committee from an academic’s commissioned report caused an uproar insinuating the influence of industry on the reports. He wrote detailed posts on this topic later here and here. Life of IP and Counterfeit Goods: In this month, 2009, Prof.

IP 105

IP Reporting Plagiarism Government 105

The IPKat

DECEMBER 5, 2021

This Kat enjoys a good story-telling time. Criminal sanctions against those who make unauthorised communications of copyright works to the public for profit or reward or to an extent which will cause prejudice to the copyright owners. AI is currently the “hot topic” around the globe. The Public Consultation A.

Copyright 122

Copyright Government Reporting Copyright Infringement 122

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. good morning. Antilegend: Hah, good question!

IP 118

IP Invention Patent Marketing 118

The IP Law Blog

MARCH 5, 2021

Generic terms are terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue? This is commonly referred to as Genericide.

Trademark 85

Trademark Branding Brands Branding 85

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

azrights

JUNE 19, 2023

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. Just because someone is a lawyer doesn’t mean they magically understand specialist topics like Brand IP.

Branding 52

Branding Brands Branding Business 52

CopyrightsWorld

MARCH 9, 2021

Nevertheless, reacting too quickly, without enough prep-work, and, potentially, without expert advice, can cause more harm than good. Copyright laws are complicated on a good day, more so when infringement occurs. Avoid the topic of pricing at all until you can ask for a specific number.

Copyright Infringement 98

Copyright Infringement Social Media Copyright Licensing 98

Corsearch

FEBRUARY 15, 2024

This has led to social channels being widely targeted and causing a huge counterfeiter problem. Selling counterfeit goods Bad actors may use fake accounts to promote and sell fake products, often imitating genuine brands or offering counterfeit merchandise.

Branding 59

Branding Brands Branding Social Media 59

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

IP and Legal Filings

APRIL 10, 2024

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. Defamation aims to shield one’s good name from groundless claims hurting one’s dignity, reputation or social esteem.

Social Media 77

Social Media Journalism Television Law 77

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Other Posts Journey Through “Januarys” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of January’s posts on SpicyIP!

Invention 59

Invention Trademark IP Patent 59

Technology & Marketing Law Blog

AUGUST 2, 2022

This is almost certainly what the legislators actually want given their antipathy towards the Internet, but it’s not a good outcome for anyone. and (B) Causes physical, mental, emotional, developmental, or material harms to the user.” Which casino caused the addiction? Child = under 18. This bill erases the line.

Social Media 85

Social Media Privacy Designs Design 85

The IPKat

NOVEMBER 2, 2022

Following the previous Katpost [ here ] which raised some questions about the effectiveness of academic conferences, I received a number of direct responses from readers leading to some constructive conversations on the topic. [A Completely agree – a good conference allows us to both present our research and receive constructive feedback.

Law 78

Law 78

LexBlog IP

MAY 16, 2023

Additionally, ensure that your life jackets are in good condition, with no rips or tears. Additionally, it is recommended to take a boating safety course, which covers topics such as navigation, boat handling, and emergency procedures. Therefore, obtaining proper training and certification before operating a vessel is crucial.

Licensing 52

Licensing Government Designs Design 52

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. A trademark is something that distinguishably identifies the source of the goods and services, such as a term, name, symbol, logo, or design. TRADEMARK.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

TorrentFreak

NOVEMBER 25, 2021

The good news for copyright holders is that access to legal content is up significantly since last year. 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 117

Music Reporting Copyright Copyright Infringement 117

The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl.

Fair Use 52

Fair Use Trademark Designs Design 52

The IPKat

SEPTEMBER 12, 2021

For there to be " queue-jumping.there has to be a good reason for it " applying the relevant principles. Again, the applicant has to prove the "good reason" in evidence according to the principles. Would expedition interfere with the good administration of justice? Would expedition cause prejudice to Dexcom? See [111].

Litigation 98

Litigation Patent Marketing Marketing 98

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. This denial is sufficient to bar judgment on the pleadings on this cause of action. A reasonable inference may be drawn from these allegations that Service issued the Vimeo Takedown Notice in the good faith belief that he had an ownership interest that was being infringed.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

LexBlog IP

APRIL 27, 2022

Of the four types of trademarks, fanciful trademarks receive the most protection from trademark infringement since: they did not previously exist in connection with the sale of a good or service; and, carry no prior meaning. All goods and/or services fall into one of 45 different Classes (excluding special use case Classes).

Trademark 52

Trademark Branding Brands Branding 52

Herbert Smith Freehills

MARCH 9, 2023

Breaches of this nature can cause clients significant damage, through the cost of running the investigation and – in some scenarios – where they have had to report to a regulator and pay a fine. Some of the travel is definitely gone for good, now that we know so much can be done remotely. I can't see that going away.

Business 52

Business Reporting Government Publishing 52

IP and Legal Filings

MARCH 7, 2022

Even yet, if the licensee uses the trademark for goods and services not covered by the assignment agreement, the usage can be considered unlawful. A trademark reflects the source and quality of goods or services to a consumer. It’s a common law principle that holds someone liable if they cause a direct infringer to infringe.

Trademark 59

Trademark Law Registering Trademarks Branding 59

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. However, 2023 seems good for Google, thus far.

Trademark 59

Trademark Publishing Journalism Copyright 59

SpicyIP

JULY 3, 2022

Okay … all good … all true… all agreed … ( not at all understanding ) when and how does that happen … care to contextualise? Akira: Perhaps that’s a good example of the proxy getting mixed up with the end goal! Anyways, good points by the class overall! sarcastically ). Antilegend: A privilege … perhaps?

IP 119

IP Intellectual Property Government Invention 119

IP and Legal Filings

MARCH 7, 2022

Even yet, if the licensee uses the trademark for goods and services not covered by the assignment agreement, the usage can be considered unlawful. A trademark reflects the source and quality of goods or services to a consumer. It’s a common law principle that holds someone liable if they cause a direct infringer to infringe.

Trademark 56

Trademark Law Registering Trademarks Branding 56

The IPKat

AUGUST 4, 2021

When a sign’s overall intrinsic meaning does not cause a negative impact on the public nor the public order concerning politics, economy, culture and ethnicity, etc., The subjective intentions, manners of use, or damage to the parties could be factors for reference. While the ‘???’

Intellectual Property 62

Intellectual Property IP Law Registration 62

LexBlog IP

DECEMBER 26, 2023

There have been some court decisions on this precise topic, but the law is not completely settled. You can’t trust it, at least not yet, to give you results that won’t cause trouble for you. Search the names and slogans it gives you to see if something identical or similar is already in use for similar goods or services.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

SEPTEMBER 9, 2022

Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. .’’ Accordingly, this notice is meant to address the duty of disclosure and the duty of reasonable inquiry as it relates to the material submitted or received from other governmental agencies. Who Has a Duty to Disclose.

Government 52

Government Intellectual Property Marketing Marketing 52

The IPKat

JULY 30, 2021

This claim is excluded insofar as, in light of the special circumstances of the specific case and the principles of good faith, it would cause the infringer or third parties disproportionate hardship, not warranted by the right to exclude. Der Schadensersatzanspruch nach Absatz 2 bleibt hiervon unberührt.

Patent Law 95

Patent Law Law Patent Intellectual Property 95

SpicyIP

AUGUST 15, 2021

Topical Highlight. granted ad-interim relief to the plaintiffs upon finding that a prima facie case and balance of convenience existed in their favour, and absent relief, irretrievable prejudice would be caused to them. Ensuring Access to TB drugs: Is Compulsory License the Way? 10 August, 2021]. 13 August, 2021].

Licensing 83

Licensing Government Reporting Patent Law 83

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Background. But before we focus on the decision, we need to get some unusually messy procedural history tied to the AMG decision out of the way. .”

Litigation 52

Litigation Advertising Advertising Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] The ITC can be utilized for other causes of action in addition to patent infringement, including trade secret misappropriation.

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

43(B)log

FEBRUARY 17, 2022

While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he This wasn’t a good control because it wasn’t as similar to the experimental stimulus as possible.

False Advertising 59

False Advertising Advertising Advertising Social Media 59