Technology & Marketing Law Blog

JANUARY 2, 2023

Topics of conversation ranged from innocuous to serious, encompassing posts about parents discussing their own children, snow days and school closures, the school calendar, criticisms and concerns regarding District employees, and allegations that a District principal threatened a student. 2009) (internal quotes and citations omitted).

Trademark 83

Trademark Social Media Registering Trademarks Intellectual Property 83

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance. Independent directors may be required to pass this course before being appointed.

Government 75

Government Business Reporting Confidentiality 75

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

Biswajit Sarkar Copyright Blog

JULY 11, 2022

Due to the varied jurisdiction and the different rules that will be used, the parties to IP issues at the international level may be unable to file a court case. One of the most contentious topics in arbitration is the arbitrability of IP disputes. In EuroKids International Private Limited v. EuroKids International Pvt.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

TorrentFreak

DECEMBER 14, 2023

For a long time, pirate site blocking was considered a topic most U.S. lawmakers may be more receptive to revisiting this topic. lawmakers may be more receptive to revisiting this topic. politicians would rather avoid. Those challenging times are now more than a decade old, and momentum is shifting.

Copyright 103

Copyright Television Government Intellectual Property 103

LexBlog IP

JULY 28, 2022

Freeze on international cooperation. This is a “compulsory licence” mechanism that exists in most countries and recently became a hot topic in relation to COVID vaccines. By adopting the measures described above, the Russian government is clearly violating its international commitments.

Intellectual Property 52

Intellectual Property Government Designs Design 52

TorrentFreak

AUGUST 28, 2021

Release windows have been a topic of debate for decades. At the same time, there were more on-demand streaming sales, so revenue for movie studios increased. We don’t want to take sides in this internal movie industry battle. ‘Consumers and Movie Studios Benefit’ This discussion isn’t new.

Music 145

Music Copying Copyright 145

IP Tech Blog

JULY 28, 2022

Freeze on international cooperation. This is a “compulsory licence” mechanism that exists in most countries and recently became a hot topic in relation to COVID vaccines. By adopting the measures described above, the Russian government is clearly violating its international commitments.

Intellectual Property 57

Intellectual Property Government Designs Design 57

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?): Written Description for an Effective Treatment in Biogen International GmbH v. Mylan Pharmaceuticals Inc. , USPTO officials did not join.

Patent Law 125

Patent Law Law Patent Invention 125

LexBlog IP

APRIL 13, 2022

§ 101 – “work made for hire” is oft misunderstood and, thus, will be the topic of a subsequent article), the person(s) who created the software code is/are the owner(s) of the copyright in the software. Companies often acquire computer software without much concern — other than the price/cost of the product.

IP 52

IP Due Diligence Ownership Licensing 52

SpicyIP

JULY 5, 2021

Topical Highlight. M/S Electro International & Ors. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. This duration didn’t start until 1989 when the United States signed the Berne Convention, the international copyright treaty. The product or service must be used “in commerce” ( available for sale).

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

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 also issue cease and desist orders to prevent further sales of the accused products. 125 U.S.P.Q.2d 11, 2017).

Litigation 52

Litigation Cease and Desist Patent Infringement Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Trademark disputes often involve complicated factual questions, such as whether a company’s marketing and sales have affected its trademark rights. Parties in TTAB oppositions can obtain discovery, such as by deposing opponent’s employees and requesting opponent’s internal documents.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. The court disagreed, finding that the following allegations sufficiently pled a concrete financial loss: 1) the defendant made sales that would have otherwise been made by the plaintiff; and 2) the plaintiff had been injured by price erosion.

Law 59

Law Confidentiality Designs Design 59

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. For more details on the topic of design and the metaverse in China see our previous blog post.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

The IPKat

OCTOBER 3, 2022

Submissions of papers covering a wide range of topics are encouraged, relating to how copyright law needs to be reformed in the 21st century. For more information, the programme and registration, click here.

Registration 62

Registration Intellectual Property IP Copyright 62

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. They included emails, internal studies and public reports about the challenged practices. Background.

Litigation 52

Litigation Advertising Advertising Reporting 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. This term of copyright duration didn’t start until 1989, when the United States signed the Berne Convention, the international copyright treaty. That’s understandable. Do you see why they are wrong?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

43(B)log

MARCH 25, 2024

In enacting the TCA, Congress found that “efforts to restrict advertising and marketing of tobacco products,” including existing mandatory warnings, had “failed adequately to curb tobacco use by adolescents, [so] comprehensive restrictions on the sale, promotion, and distribution of such products [were] needed.”

Advertising 64

Advertising Advertising Social Media Government 64

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. For more details on the topic of design and the metaverse in China see our previous blog post.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A Relaxed Regulatory Environment. The regulation of galleries is even less strict.

Art 52

Art Marketing Marketing Artwork 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. CLS Bank International , 573 U.S.

IP 52

IP Registration Trademark Branding 52

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

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.”

Journalism 88

Journalism Social Media Publishing Government 88

Patently-O

JANUARY 21, 2023

link] Topics : The USPTO invites written responses to the following questions and requests. How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( e.g., “on sale” or prior public use)?

Patent 93

Patent Invention Patent Prosecution Art 93

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. SpicyIP intern Vedika discusses this development. M/S Suman International & Anr. vs Mahendra Gulwani & Anr.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

JULY 19, 2021

Topical Highlight. NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

DECEMBER 21, 2021

Rendas begins in his introduction and in Chapters 1 and 2 by outlining the place of the catalogue of mandatory and optional exceptions to be found in Article 5 of the EU Information Society Directive in the international legal framework and in EU copyright law as whole. Details: Wolters Kluwer, 2021 ISBN 978-94-035-2395-8 Price £122.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

SpicyIP

FEBRUARY 5, 2024

Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. Philip Morris International Inc and British American Tobacco p.l.c. US court allots USD 151.5

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. answering a different intended question or providing information about a different topic). on our internal adversarial factuality evaluations.” Wikipedia), articles, and other information available on the Internet. ” Id.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. Andy Warhol. And Prince, the Purple One. (Or Or in this case, Orange.) Goldsmith et al. , 598 U.S. _ (2023) (Citations are to the Slip Opinion (“Slip Op.”)). Money and copyright won by a 7-2 majority.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching.

Invention 52

Invention Patent Prosecution Art Patent 52

LexBlog IP

JANUARY 9, 2023

Judge Koeltl found “every unit of inventory that [defendant] Fashion Code sells to a Robin Ruth distributor is a sale that Robin Ruth did not make,” i.e., profits from the sale of the products containing the misappropriated trade secrets could be easily monetized. In Sysco Machinery Corp. Cymtek Solutions, Inc.

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

LexBlog IP

MARCH 24, 2023

These topics were discussed in the context of drunk elephants and dog poop.) are appealing a $115 million judgment, almost $90 million of which was tied to sales of infringing products by foreign entities abroad. (This is where the online influencers and knockoff handbags come in.) Hetronic Int’l, Inc., whatever that is.”

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

JIPL Online

FEBRUARY 25, 2021

(discussing a hypothetical example of an album advance where if there is a $250,000 advance and 250,000 albums are sold, a band could still end up in debt to their label despite earning $3,000,000 in sales). [9] 19] Topic: Right of Publicity , International Trademark Association, [link]. 1, 2019), [link]. [10] 3d 25, 31 (2d.

Music 98

Music Ownership Copyright Law Contracts 98