The IP Law Blog

JUNE 17, 2021

I wrote about a similar topic prior to Allegiant Air becoming the official sponsor of the Las Vegas stadium that the Raiders now call home. As a result, Starbucks will be required to file a statement of use once it has used the mark in connection with the relevant services. I’m experiencing déjà vu. They might.

Trademark 98

Trademark Branding Brands Branding 98

Plagiarism Today

NOVEMBER 17, 2022

The word and the song that it titles has remained a part of our lexicon for nearly sixty years and, despite being a famous tongue-twister (so much so, it was featured in a recent Mental Floss episode on the topic ), has been on the tongues of generations. However, in 1965, there was a very different conversation about the song.

Copyright 340

Copyright Music Copyright Infringement Plagiarism 340

Kluwer Copyright Blog

JANUARY 23, 2024

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

Copyright Infringement 124

Copyright Infringement Copyright Law Journalism 124

Intellectual Property Law Blog

JUNE 9, 2021

The Lanham Act defines ‘trademark counterfeiting’ as producing or selling a product bearing a false trademark that is an intentional copy of a genuine trademark (15 USC §1127). The harm caused to brands by counterfeiting goes far beyond loss of sales or profits.

Branding 147

Branding Brands Branding Cease and Desist 147

The IPKat

FEBRUARY 14, 2023

Starting at 2pm and finishing with drinks and canapes from 6:15pm at Simmons’ offices in Citypoint, Moorgate , the full line up is below: 14:00-14:30 – Registration 14:30-14:40 – Introduction and welcome (Darren Meale) 14:40-15:40 – Panel 1 – “Trade marks as legal weapons – are us lawyers abusing the system? Sign up while you can!

Intellectual Property 67

Intellectual Property Intellectual Property Law Privacy Branding 67

TorrentFreak

AUGUST 18, 2022

The community-driven platform has “subreddits” dedicated to pretty much every topic you can think of. These generate a constant stream of discussions and links, some more useful than others. They delete spam, remove off-topic content, and make sure that ‘unauthorized’ content is swiftly removed.

Copyright 141

Copyright Copyright Infringement 141

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. .” Nature of Use. Amount Used. ” Huh?

Copyright 142

Copyright Social Media Fair Use Licensing 142

TorrentFreak

MAY 8, 2023

This brings us to the next topic on the court’s agenda; a request from the filmmakers to release the identities of 125 Grande subscribers who were repeatedly flagged for sharing pirated films. The filmmakers accused the Astound-owned ISP of not doing enough to stop pirating subscribers. ” The Neighbours?

Privacy 118

Privacy Copyright Infringement Copyright Copying 118

TorrentFreak

AUGUST 6, 2023

Piracy is a complicated phenomenon but most consumer research surveys on the topic are relatively straightforward. One can imagine that some people, consciously or not, will downplay how often they use pirate sites and services. The opposite could be true for more defiant personality types, of course.

Reporting 79

Reporting Marketing Marketing Copying 79

The IPKat

FEBRUARY 23, 2023

On the contrary: it has embraced them as a useful tool. For intentional infringement of a patent right, if the circumstances are serious , the amount of compensation may be determined at not less than one time and not more than five times the amount determined in accordance with the above-mentioned method.

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

IPilogue

JULY 19, 2021

The eight-membered family is known for winning “ a pitched street battle against eighteen townspeople intent on revenge.” The book recounted the history of the Donnelly family and the defendants admitted to having used Kelley’s books, The Black Donnellys and Vengeance of the Black Donnellys , as supporting sources. The late Thomas P.

Copyright 112

Copyright Copying Law Publishing 112

The IPKat

JULY 19, 2022

The stated aim of the workshop, which took place at the end of June, was to provide users with "clarity" on description amendments in view of some recent conflicting decisions on the topic from the Boards of Appeal. The EPO has now reported that the workshop of experts "confirmed" EPO practice on description amendments.

Patent Application 131

Patent Application Reporting Advertising Advertising 131

TorrentFreak

OCTOBER 21, 2022

VPN services are a useful tools for protecting internet users’ online privacy. The production company filed a lawsuit against the streaming service in Austria, holding it accountable for this unauthorized use. These are typically used to create virtual borders on the Internet which, in itself, is borderless.

Copyright Infringement 109

Copyright Infringement Copyright Licensing Privacy 109

Velocity of Content

JULY 22, 2021

In my first post , after touching on the need/wisdom of copyright registration for bloggers (and other creators whose distribution is primarily through social media sites), I went on to discuss the DMCA and how it is a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

Copyright 98

Copyright Social Media Registration Blogging 98

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

LexBlog IP

MAY 2, 2023

And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). And yes, there can be legal theories of enforcement for the agency if others are using your tool to deceive, even if that was not your intent.

Blogging 52

Blogging Privacy Marketing Marketing 52

TorrentFreak

MARCH 13, 2022

Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. The company allegedly ‘encouraged’ subscribers to use pirate sites while helping to conceal movie piracy. That said, people can still use BitTorrent on servers in other regions. TorGuard Responds.

Settlement 134

Settlement Copyright Infringement Privacy Confidentiality 134

The IP Law Blog

AUGUST 12, 2021

For example, and this is the most prevalent issue I’ve seen, many companies include language in the agreements that would grant the company a license “in perpetuity” to use the athlete’s NIL. Put another way, the company is only paying the athlete for the express term of the contract, but it will be able to use the athlete’s NIL forever.

Intellectual Property 98

Intellectual Property Social Media Licensing Contracts 98

LexBlog IP

FEBRUARY 14, 2024

ParkerVision, Inc., Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art. Background and Procedural History ParkerVision owned U.S.

Inventor 52

Inventor Patent Art Law 52

Kluwer Copyright Blog

DECEMBER 11, 2023

Thanks to a recital that emerged during the last weeks of negotiations, we now have some more clarity on the legislator’s intention here. Thanks to a recital that emerged during the last weeks of negotiations, we now have some more clarity on the legislator’s intention here.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

IPilogue

DECEMBER 7, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. It is common practice for jockeys to equip horses with blinders. The effect is to narrow a steed’s field of vision to prevent it from panicking or becoming distracted by peripheral objects. so refreshing.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111

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.

Reporting 128

Reporting Law Due Diligence Branding 128

SpicyIP

MARCH 30, 2023

Dabur further contended that the video specifically targets its ‘Real’ fruit juices by using partially blurred ‘Real’ logo and promotional advertising clips. Dhruv Rathee ) for criticizing its “Real” packaged fruit juice in his (now removed) video ‘ Is Fruit Juice Healthy? | The Harsh Truth’.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

Kluwer Copyright Blog

FEBRUARY 28, 2023

The main question from the perspective of the right of communication to the public is whether the operator of a streaming platform which has implemented geoblocking is liable for copyright infringement if the users of its services use a VPN to access content that should not be accessible from a certain territory.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

43(B)log

APRIL 26, 2022

MaxRelief used to surce pain relief spray products in Australia from a non-party, but stopped in 2014. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.

Television 72

Television Social Media Advertising Advertising 72

Corsearch

FEBRUARY 15, 2024

These accounts may use similar usernames, logos, and content to deceive users into believing they are interacting with the legitimate brand. The intention is often to spread misinformation and harm a brand’s reputation. This has led to social channels being widely targeted and causing a huge counterfeiter problem.

Branding 59

Branding Brands Branding Social Media 59

Technology & Marketing Law Blog

JUNE 10, 2022

The intent of PARC’s screening process is very similar: “to ensure that largely only residents (i.e., The intent of PARC’s screening process is very similar: “to ensure that largely only residents (i.e., Both Groups require prospective members to undergo a screening process. The court rejects both claims.

Privacy 133

Privacy False Advertising Contracts Advertising 133

Kluwer Copyright Blog

JANUARY 17, 2024

In general, they use what is called a transformer architecture. On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship. This one seems harder to overcome.

Copyright 80

Copyright Database Right Music Intellectual Property Law 80

TorrentFreak

SEPTEMBER 11, 2021

By using the query ‘site:rule34.xxx By using the query ‘site:rule34.xxx The theory was that these bogus notices were sent by rivals or competitors to these platforms in an effort to damage their presence on the web. Traffic to Rule34’s Homepage Nosedives. Traffic to Rule34’s Homepage Nosedives.

Reporting 131

Reporting Copyright 131

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 49

Art Business Patent Settlement 49

LexBlog IP

JUNE 16, 2022

We spend many of our working hours – and far too many of our nonworking hours – talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish the agency would issue yet another policy statement.” The report was voted out 4-1.

Reporting 52

Reporting Law Intellectual Property 52

43(B)log

FEBRUARY 15, 2022

Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. There are 47 live trademarks using “Boost” in cosmetics, and 730 registered trademarks using “Lash.” The products each cost $49.95 That is not the test. Is Apple descriptive? Well, for what ?

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

IIPRD

APRIL 13, 2023

Those who make false statements with the intention of misleading or influencing any authority or official are punished by imprisonment under Section 68. In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. The repeal of Section 68 does little.

IP 52

IP Copyright Infringement Copyright Government 52

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. by Dennis Crouch.

Patent Law 126

Patent Law Law Patent Invention 126

TorrentFreak

JANUARY 2, 2024

” Confidence vs. Confusion In his book The Art of War, Sun Tzu wrote that the whole secret lies in confusing the enemy, so real intent cannot be fathomed. Confusion In his book The Art of War, Sun Tzu wrote that the whole secret lies in confusing the enemy, so real intent cannot be fathomed.

Advertising 85

Advertising Advertising Reporting Publishing 85

Garrigues Blog

JUNE 1, 2021

It clarifies doubts about ‘safe’ labels such as “ad” or “sponsored by”, when they should be used and the contractual obligations that members should follow. In this post we will be looking at the cases in which this technology can be used and the legal aspects that must be borne in mind. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

LexBlog IP

AUGUST 12, 2021

For example, and this is the most prevalent issue I’ve seen, many companies include language in the agreements that would grant the company a license “in perpetuity” to use the athlete’s NIL. That is clear-cut copyright infringement, except when used in limited circumstances such as a transformative work.

Intellectual Property 52

Intellectual Property Licensing Social Media Contracts 52