Remove topics terms-of-service
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Trademark protection for colors: T-Mobile Magenta

Erik K Pelton

Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. We can use those colors, but we may not be able to use those colors for the products or services that those brands have them registered for. Essentially, things that are not made up of logo designs or words.

Trademark 130
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Why Spotify Removed So Many Comedy Albums

Plagiarism Today

Last week, Spotify removed a slew of popular comedians from their service including John Mulaney, Kevin Hart, Lewis Black and Tiffany Haddish to name just a few. Why is it suddenly a big enough issue that Spotify feels compelled to remove many of the most famous comedians from its service, and when will things likely return to normal?

Music 221
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The War Over the Future of WHOIS

Plagiarism Today

Even back then, privacy issues were a hot topic with many concerned that such a public database of personal information would lead to spam, harassment and other issues. One common resolution to this was the use of domain privacy services. For over 20 years, the WHOIS system remained one of the key pieces of internet architecture.

Privacy 308
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[Guest post] Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid

The IPKat

The standard principle that abbreviations of descriptive terms become inherently descriptive when used as such, and the relevant public, acknowledges them as being identical to the full descriptive meaning, does not apply here either, at least not in our opinion. Apparently, the hype emerged not on instigation of the trademark proprietor.

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Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox

Technology & Marketing Law Blog

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. The email also included multiple bullet points describing changes being made to the TOS, including: We’re adding an arbitration section to our updated Terms of Service.

Contracts 108
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Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton

Technology & Marketing Law Blog

Stern cannot reasonably dispute agreeing to Peloton’s Terms of Service. Stern cannot reasonably dispute agreeing to Peloton’s Terms of Service. The court discusses another topic I don’t often see discussed. “To the extent the contract pertains to use of Peloton’s Services (e.g.,

Contracts 116
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Meta Faces Class Action Lawsuit Over Counterfeit Ads

Plagiarism Today

This case has largely slipped under the radar in terms of news coverage. Though litigation in this space is becoming more common, there still is not a great deal and much of what we have seen has been against internet service providers, such as Cox Communications. Why This Lawsuit Could Be Important. The reasons are fairly simple.