The IP Law Blog

FEBRUARY 1, 2024

Under the Rogers test, the use of a third-party mark in an expressive work does not violate the Lanham Act unless the use has no artistic relevance and explicitly misleads as to the source or the content of the work. is a technology company that provides online invitations and greeting cards. In Punchbowl Inc. Punchbowl Inc.

Television 113

Television Trademark Law Registration 113

TorrentFreak

MARCH 29, 2024

A sampling of opinions on this controversial topic would likely place sentiments like these at the edge of a spectrum, acting as a perfect counterbalance to equally extreme positions adopted by a subset of particularly aggressive rightsholders. As it happens with others, which do provide it,” the statement adds.

Privacy 103

Privacy Publishing Marketing Marketing 103

LexBlog IP

JUNE 29, 2023

According to the complaint , the company sells directly to consumers and also sells products to third-party trade customers for resale as private-label products. ” Similar statements appeared in catalogs and in third-party online marketplaces. origin claims.

Litigation 52

Litigation Intellectual Property 52

LexBlog IP

DECEMBER 15, 2023

Definition of “Offer Health IT” Under the information blocking regulatory framework, health IT developers of certified health IT are held to a higher standard with respect to information blocking and are subjected to higher potential penalties for information blocking than health care providers.

Licensing 40

Licensing Technology Blogging Publishing 40

The IPKat

APRIL 27, 2023

Kat Friends Hanne Kirk and Charlotte Mittet Høfler analysed a recent Danish Supreme Court decision regarding the infringement of copyright in pottery, which held that the nature and the severity of the infringement provided a basis for lowering the requirement for proof of the amount of the loss.

Reporting 67

Reporting Advertising Advertising Music 67

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

TorrentFreak

DECEMBER 13, 2022

When users of popular IPTV provider SmoothStreams.tv began reporting issues with the service mid-July, few could’ve predicted events to follow. Four hard drives were also seized when Marshall could not provide the passwords to those either. Requesting information from Marshall on topics listed in the Interim Order.

Television 124

Television Reporting Copyright Infringement Law 124

The IPKat

JUNE 3, 2022

These are the key issues on which the Court of Justice of the European Union (CJEU) has been requested to provide guidance. Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. Gigi was also awaiting her delivery. Let’s see how the AG reasoned.

Marketing 52

Marketing Marketing Advertising Advertising 52

Garrigues Blog

DECEMBER 14, 2021

The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. If this period lapses and the content is still available, IGAC notifies the intermediary network services provider to remove or disable access to the content in question.

Copyright 52

Copyright Related Rights Ownership Copyright Infringement 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

The search results provide a list of sixteen records associated with Mr. Abraham. As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership.

Advertising 90

Advertising Advertising Social Media Blogging 90

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

Before reading this post, read my new article, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules. Also, offline publishers routinely disclaim “responsibility” for third-party content, such as when they say that opinion pieces doesn’t represent their opinions. (2)

Social Media 99

Social Media Government Blogging Publishing 99

IP and Legal Filings

JULY 5, 2023

Trademarks are used to identify and protect a product’s or service’s words and graphic components. The trademark categorization system categorises all products and services into 45 trademark classes, including 34 for goods and 11 for services. It might be a symbol, a motto, or even the product name.

Trademark 59

Trademark Registration Branding Brands 59

IP and Legal Filings

MARCH 23, 2023

These factors led to the development of the ‘proxy’ idea, in which one person is nominated to represent another, and the proxy has the authority to vote on behalf of the shareholder provided the shareholder has permitted the proxy to do so, and this has proven to be a more convenient method of voting.” [1]

Government 89

Government Marketing Marketing Business 89

The IPKat

JULY 7, 2023

The main takeaways related to the possible uses that can be made of the Metaverse: e.g., how it could provide an interaction between the a State IT system and the private sector, the possibility of embassies in the Metaverse, a new digital justice system and the creation of tribunals and courts in the virtual world.

Reporting 86

Reporting Music IP Intellectual Property 86

Technology & Marketing Law Blog

AUGUST 2, 2022

a public or semipublic internet-based service or application that has users in California and that meets all of the following criteria: (A) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (B)

Social Media 85

Social Media Privacy Designs Design 85

LexBlog IP

FEBRUARY 1, 2024

Under the Rogers test, the use of a third-party mark in an expressive work does not violate the Lanham Act unless the use has no artistic relevance and explicitly misleads as to the source or the content of the work. is a technology company that provides online invitations and greeting cards. In Punchbowl Inc. Punchbowl Inc.

Television 52

Television Trademark Registration Government 52

Technology & Marketing Law Blog

JULY 18, 2023

Moreover, because liability under contract law depends on proving privity, it, unlike copyright law, cannot bind third parties. Both parties, Genius and Google, are, of course, not the copyright owners of those lyrics but only non-exclusive licensees, making a copyright claim unavailable to Genius. A third approach?

Blogging 90

Blogging Contracts Copyright Law Copyright 90

The IPKat

OCTOBER 2, 2023

We are now awash with companies claiming to provide LLM software capable of drafting, prosecuting and challenging patents. LLMs can often produce sensible answers to questions for which an internet search would provide an answer. OpenAI is already makes moves towards providing this functionality.

Patent Drafting 73

Patent Drafting Patent Invention Technology 73

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. Scenario (4): Third party content.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

The IPKat

DECEMBER 29, 2022

Working with Ruth, who has been teaching IP very successfully for a long time, and involves IP practitioners who share their knowledge with the students, provides a great chance for anyone wanting to pressure test their ability to anticipate how IP rights will be used in the future by engaging with the next generation of business leaders.

Non-Fungible Tokens 67

Non-Fungible Tokens Intellectual Property Management Social Media Intellectual Property 67

IP and Legal Filings

NOVEMBER 30, 2022

Together, the 16 nations involved in the RCEP negotiations represent about half of the world’s population and a third of the global GDP, with China and India’s combined GDPs accounting for more than half of that total. Image Source: Shutterstock]. By 2050, the predicted $0.5 Impact on the IPR Regime.

Intellectual Property 67

Intellectual Property Marketing Marketing IP 67

The IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ).

Editing 70

Editing Registration Branding Brands 70

Traverse Legal Blog

APRIL 6, 2021

Welcome to Traverse, where we discuss the hottest topics in Internet law. There are also subpoena issues regarding digital information you might need from internet service providers or ISPs to prove yoru litigaiton case. . Suppose that has uploaded to a third-party website. The Internet is a Highly Complex Place.

Copyright Infringement 75

Copyright Infringement Artwork Copyright Law Business 75

LexBlog IP

JANUARY 30, 2024

2] Quantum technology is regarded as having a wide range of possible applications with the potential to bring enormous benefits, including in the financial services sector. Businesses should also engage with technology providers and other actors in the supply chain at this stage.

Technology 52

Technology Publishing Business Reporting 52

LexBlog IP

AUGUST 30, 2023

The third defendant was a company active in the field of processing, packaging, and trading spices and herbs, and in the production and trading of spice mixes, intended for a variety of cuisines. The plaintiff claimed that he alone decided the composition of these products and that this was known to the third defendant.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers.

Contracts 52

Contracts Music Related Rights Television 52

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. from Audible Magic or Pex ).

Technology 96

Technology Marketing Marketing Copyright 96

Michael Geist

APRIL 6, 2022

In Bill C-18, the government flips that on its head by holding that the party enabling the referral must pay for the privilege of doing so. And they both require some act on the part of a third party before he or she gains access to the content. Pablo Rodriguez Facebook post, [link]. Keep readers engaged on the website longer.

Government 98

Government Business Journalism Marketing 98

Herbert Smith Freehills

MARCH 9, 2023

Japan remains the third largest economy in the world, so there were high levels of activity domestically during the pandemic. Arbitration provides effective recourse that is enforceable virtually worldwide, thanks to the New York Convention. It is less clear what will happen with evidentiary hearings. I can't see that going away.

Business 52

Business Reporting Government Publishing 52

Kluwer Copyright Blog

DECEMBER 5, 2022

While creating AR experiences, so-called markers provide information on the real-world element of reference to be overlapped with digital images. A device embedding a sensor serves as a connection between the real-life object on which information is to be overlaid, and a cloud providing such information to overlay on the real-life object.

Copyright 103

Copyright Public Domain Art Moral Rights 103

LexBlog IP

MAY 2, 2023

Notice and Explanation : Individuals should be notified regarding when an automated system is being used and provided information regarding how and why the automated system will contribute to outcomes that impact the individual. This Guidance covers some important topics.

Government 52

Government Business Copyright Licensing 52

Kluwer Copyright Blog

AUGUST 18, 2021

But the 2019 Open data directive makes this even more explicit, by mandating that “The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of documents or to restrict re-use…” Art. 1(6) Open data directive). Stage III: A Data Act.

Government 56

Government Database Right Intellectual Property Copyright 56

Velocity of Content

DECEMBER 9, 2021

UKRI will provide almost £50 million ($67 million) per annum of its annual £8 billion ($10 billion) budget to support stakeholders in implementing the new policy. UKRI’s stakeholder consultation found that two thirds of respondents endorsed the policy’s support for both gold and green routes. 3) Monographs, finally!

Journalism 98

Journalism Publishing Licensing Editing 98

Michael Geist

SEPTEMBER 21, 2022

Indeed, the emergence of Amazon as the third largest digital ad platform and the growth of others (soon including Netflix) highlight the tenuous connection between news and digital advertising trends. . Facebook hasn’t posted the full article, only a link posted by one of its users, sending interested parties to the original source.

Government 94

Government Journalism Advertising Advertising 94

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

The IPKat

JUNE 25, 2021

This book review is brought to you by Donal O’Connell, the Managing Director of Chawton Innovation Services, a company focused on IP Education, IP Consultancy and IP Solutions & Tools. An interest section at the end of this chapter explores the issues of independent invention by a third party and prior user rights.

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

Kluwer Copyright Blog

DECEMBER 28, 2021

For the core topic examined in the report, namely the remedies against online piracy of sport event broadcasts and the procedural rules, despite the aforementioned differences between the countries, the approaches and solutions taken reveal some significant trends.

Reporting 52

Reporting Publishing Intellectual Property Intellectual Property Law 52