Technology & Marketing Law Blog

MAY 11, 2022

It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.” ” In addition to other damages, the PRA authorizes statutory damages of $1k per violation, capped at $100k per account holder per calendar year. .” The Bill Is Terrible Policy.

Social Media 143

Social Media Privacy Law Government 143

IP and Legal Filings

FEBRUARY 2, 2024

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. The legislature has not taken a stand on this topic. Lal Babu Priyadarshi [9].

Trademark Law 87

Trademark Law Trademark Law Service Mark 87

The IPKat

FEBRUARY 27, 2022

Designs Following the trend of trade mark applications, the design applications before the EUIPO have risen to a record level, as reported by the Marques blog. Most applications come from China, Germany, Italy, the United States, and France, respectively. Our PermaKat Eleonora Rosati commented on the decision here.

Blogging 76

Blogging Design Patent IP Designs 76

SpicyIP

JUNE 17, 2022

Another topic of concern that this news story gives us time to ponder over, is the treatment of trademarks in the Indian insolvency process. Once an insolvency application is admitted, a ‘moratorium’ is declared with respect to the assets (which includes trademarks) of the corporate debtor. Are there more mistakes in the TMR’s list?

Trademark 126

Trademark Social Media Branding Brands 126

Technology & Marketing Law Blog

NOVEMBER 29, 2021

20 prohibits “censorship” based on “viewpoint”—and since almost all expression online has a viewpoint, H.B. 20’s prohibition on “censorship” thus completely alters the covered online platforms’ products. 20 prohibits any content moderation – it does not. Some high/lowlights from the filings: Preliminary injunction motion.

Social Media 113

Social Media Law Television Reporting 113

TorrentFreak

FEBRUARY 24, 2023

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. com – were also among the targets in the ex parte application filed last August.

Publishing 120

Publishing Advertising Advertising Music 120

The IPKat

MAY 8, 2022

Rarer still is where the UK IPO raises an allegation of bad faith of its own motion during examination of a trade mark application. Precisely this situation arose during examination of two recent trade mark applications for marks that included the name of famous footballers. 3587268 and No. 3587268 and No.

Licensing 92

Licensing Related Rights Registration Publishing 92

The IPKat

MAY 12, 2024

Over to the team : "Introduction: the UPC shapes its confidentiality regime Confidentiality can be a sensitive topic for parties involved in legal proceedings. The timing of the application can be problematic because the confidentiality request must be made at the same time as lodging the documents containing the confidential information.

Confidentiality 62

Confidentiality Art Patent Patent Application 62

IP and Legal Filings

JULY 5, 2023

During the process of registering a trademark, an applicant may encounter two obstacles: a) Objections; b) Contradictions Trademark Objections Trademark objections are those that a client encounters during the early stages of the registration procedure. A trademark application might be challenged for several reasons.

Trademark 59

Trademark Registration Branding Brands 59

LexBlog IP

JUNE 29, 2023

But there are some notable limits to the Rule’s application. Of course, the MUSA Rule is not the only FTC tool available; there is always the FTC Act’s prohibition on deceptive practices, and prior to the Rule, MUSA cases were routinely brought under the FTC Act. First, it only applies to claims made on labels.

Litigation 52

Litigation Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 28, 2023

v GO4YU GmbH ( Case C‑423/21 ) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. The applicant, Grand Production d.o.o., The applicant believes that the acts of GO4YU d.o.o Grand Production d.o.o. Another Serbian company, GO4YU d.o.o

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

LexBlog IP

MAY 2, 2023

This Guidance covers some important topics. Applicants have a duty to disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author’s contributions to the work. CoPilot) are a powerful application of GAI. Open Source AI-based code generators (e.g.,

Government 52

Government Business Copyright Licensing 52

The IPKat

AUGUST 4, 2021

On 29 November 2017, an individual named Seng Lei (‘Seng’) filed an application (No. the TMO On 20 February 2019, the TMO rejected the trade mark application (Decision [2019] No. 27792495) in class 30 for food products to the Trade Mark Office of China (TMO). The sign consists of three Chinese characters (shown below), i.e. Hanzi : ‘?

Intellectual Property 62

Intellectual Property IP Law Registration 62

SpicyIP

NOVEMBER 8, 2023

Section 2(ja) of the Patents Act, 1970 defines an invention as a new product or process involving an inventive step and capable of industrial application and Section 3 specifies various bars to patent protection. Patent laws in India on the question of ‘products of nature’ are much less developed.

Invention 69

Invention Patent Art Patent Law 69

Kluwer Copyright Blog

APRIL 26, 2022

Fourth, a clarification that Article 17 does not entail general monitoring – a similar prohibition to that set out in Article 15 e-Commerce Directive (paragraph 8). paras 85-86] (This topic and its implications will be the subject of a separate blogpost.). paras 90-92, applying inter alia by analogy , C?18/18 Conclusion.

Intellectual Property 99

Intellectual Property Law Designs Design 99

The IPKat

JUNE 3, 2022

Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. Let’s see how the AG reasoned. The notion of “use” thus requires an active behaviour/conduct and a direct or indirect control over the act constituting use.

Marketing 52

Marketing Marketing Advertising Advertising 52

The IPKat

JULY 9, 2023

This book should not be perceived as a classic manual on the application of copyright to these art forms. However, readers seeking to understand the principles governing the application of copyright to this type of work will not be satisfied only with this book. Those norms mainly prohibit painting over someone else's work (e.g.,

Art 57

Art Copyright Moral Rights Cease and Desist 57

The IPKat

JANUARY 9, 2022

She cautioned that because PCT filings are second filings, meaning the filings for the technologies likely had to happen before COVID-19, it “means [these trends are] probably not the result of COVID-19 technologies, but more in the commercialization area, which would be filing more PCT applications from the applications they filed.”

Reporting 57

Reporting Law IP Patent 57

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. The following Civil remedies are available for trademark infringement: – Injunction – A court order prohibiting one individual from engaging in specific conduct.

Trademark 59

Trademark Law Registering Trademarks Branding 59

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. The following Civil remedies are available for trademark infringement: – Injunction – A court order prohibiting one individual from engaging in specific conduct.

Trademark 56

Trademark Law Registering Trademarks Branding 56

TorrentFreak

MAY 15, 2023

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. 1202 , which prohibits the removal of Copyright Management Information.

Copyright 130

Copyright Intellectual Property Business Licensing 130

The IPKat

FEBRUARY 4, 2022

For more content aggregated on the topic of CV-Online Latvia, see here. The claimant argued instead that the aggregator app included all or significant parts of the claimant’s database, resulting from a prohibited extraction and re-utilisation of virtually the whole database, and did not rely on crowdsourced information to work.

Cease and Desist 92

Cease and Desist Database Right Litigation Marketing 92

Michael Geist

APRIL 6, 2022

An eligible news business is is defined as either a Qualified Canadian Journalism Organization (a definition from the Income Tax Act) or a business that meets similar requirements as the QCJO (general interest news content production, 2 or more journalists, operate in Canada, news not limited to a specific topic).

Government 99

Government Business Journalism Marketing 99

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

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. Patent protection is generally available for cannabis and cannabis-related innovations on the same basis as any other innovation, presenting relatively few obstacles for applicants.

IP 52

IP Registration Trademark Branding 52

Canadian Intellectual Property Blog

AUGUST 4, 2020

products include edibles, topicals, vape pens and beverages. In response to a slow rollout of retail stores, the province has cancelled its lottery system for awarding licenses and will instead open up applications and issue up to 20 store authorizations per month. products to the marketplace. Cannabis 2.0

Government 52

Government Licensing Intellectual Property Marketing 52

IP and Legal Filings

MARCH 14, 2022

Plaintiff finally created an acclaimed piece of creative work presenting itself in the shape of a 140 foot long and 40 foot high mural, displaying a fine balance between cultural and material features in national perspective – its topic being the essence of rural and contemporary India.

Moral Rights 59

Moral Rights Copyright Contracts Law 59

IP Tech Blog

JANUARY 4, 2023

Applicable IP Rights. Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Applicable IP rights. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Technology & Marketing Law Blog

FEBRUARY 27, 2024

The court easily brushes this aside, saying “this Court does not think that a law prohibiting minors from contracting to access to a plethora of protected speech can be reduced to a regulation of commercial conduct.” This is a topic where anything could happen.]

Social Media 81

Social Media Law Contracts Publishing 81

Technology & Marketing Law Blog

MAY 2, 2022

In conclusion: It appears that the CFAA’s prohibition on accessing a computer ‘without authorization’ is violated when a person circumvents a computer’s generally applicable rules regarding access permissions, such as user name and password requirements, to gain access to a computer. Comments from Kieran McCarthy.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

LexBlog IP

APRIL 20, 2023

However, in recognition that reproductive health care information is embedded within a patient’s medical records and cannot readily be separated (as in the case of psychotherapy notes), HHS proposes a “purpose-based prohibition on certain uses and disclosures” to protect individuals and their PHI. § 164.509).

Privacy 52

Privacy Law Blogging Confidentiality 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. In order for the mechanism to be applicable, art. The instrument implies no obligation for the author to republish.

Publishing 130

Publishing Contracts Art Copyright 130

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)? Specifically, should the USPTO: a. 119 , 120 , 121 , or 365 ?

Patent 93

Patent Invention Patent Prosecution Art 93

LexBlog IP

JANUARY 4, 2023

Applicable IP Rights. Given that the Chinese government prohibits the transaction of virtual currencies, the Chinese market and users had to change this translation to avoid referring to crypto currencies as that could make NFTs illegal. Applicable IP rights. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

JANUARY 23, 2023

The defendants include Stability AI (developer of Stable Diffusion and DreamStudio ), Midjourney (which packaged the open-source Stable Diffusion into its own  Discord  and  web-based applications) and DeviantArt (which recently launched the DreamUp app, also based on Stable Diffusion’s platform).

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Protecting jewellery with the aid of intellectual property rights is a topic of interest which sparks curiosity. No matter if the jewellery is covered by copyright law or design legislation since the underlying work is covered by copyright law, reproduction or adaptation, depending on the specific item of jewellery, would still be applicable.

Intellectual Property 81

Intellectual Property Artistic Work Designs Design 81

LexBlog IP

AUGUST 22, 2023

Our colleagues at our sister blog The Trade Practitioner recently posted on this topic here and we wanted to take a moment and call this to your attention. Background The EO and ANPRM establish a “program” to prohibit or require notification concerning certain outbound investments by U.S. Whether a U.S. Whether a U.S.

Technology 52

Technology Business Blogging Intellectual Property 52

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. California and Washington have new laws prohibiting employers from using employee agreements that prohibit the disclosure of certain conduct the employee believes is unlawful, such as illegal harassment or discrimination.

Confidentiality 52

Confidentiality Litigation Business Law 52