The TTABlog

MARCH 19, 2024

Examining Attorney Yat Sye Lee submitted internet evidence that some eighteen different companies offer the goods of both applicant and registrant under the same mark (including SEPHORA, BATH & BODY WORKS, and PACIFICA), along with twenty use-based third-party registrations covering these goods. How do you think this appeal came out?

Registration 57

Registration Marketing Marketing Copyright 57

Technology & Marketing Law Blog

JULY 17, 2021

The court acknowledges the precedent applying the ADA to retailers’ websites, but it doesn’t extend to a standalone content website. Instead, judge simply says the Second Circuit hasn’t addressed the topic. The opinion cites the 2015 NFB v. Scribd precedent but doesn’t distinguish it.

Blogging 126

Blogging Television Publishing Advertising 126

Technology & Marketing Law Blog

JANUARY 2, 2023

” The statute defines merchants as any retailers (not just restaurants), so this statute seems to give all retailers categorical control over third-party pickup/delivery services? .” Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks?

Trademark 84

Trademark Social Media Registering Trademarks Intellectual Property 84

Technology & Marketing Law Blog

MAY 11, 2022

By freezing under-18 out of large swathes of the Internet, the bill would create a generation of digitally naïve adults–the exact opposite of the skills they, and our society, need to thrive in the 21st century. The bill excludes “Internet search providers, Internet service providers, or e­mail.”

Social Media 143

Social Media Privacy Law Government 143

LexBlog IP

FEBRUARY 23, 2023

In support, the USPTO provided an online dictionary definition of the phrase, articles containing Lizzo’s statements that she did not originate the phrase, and several examples of use of the phrase in connection with clothing and related goods on retail websites. A fulsome discussion about this topic can be found here: [link].

Trademark 40

Trademark Music Registration Patent 40

Technology & Marketing Law Blog

AUGUST 2, 2022

” (For more on how the California legislature is working to eliminate the Internet, see my posts on the pending bills AB587 and AB2273 ). This is almost certainly what the legislators actually want given their antipathy towards the Internet, but it’s not a good outcome for anyone. What the Bill Says. Who’s Covered? .

Social Media 85

Social Media Privacy Designs Design 85

43(B)log

JUNE 29, 2023

I’ve never heard of Zalando but it is an online fashion platform; systemic risks, even if they could be identified, are very different for Amazon/retail than for Facebook. Internet is multilayer, with infrastructure/nontraditional hosting actors. Might be broken down by topic. Redress mechanisms?

Law 52

Law Privacy Litigation Social Media 52