Socially Aware

July 18, 2016 - Trademark
#Trademarks?: Hashtags as Trademarks Revisited
By: Aaron P. Rubin
Since our previous article on the emerging issue of trademark rights in hashtags , the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,” hashtags can be powerful tools for creating
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May 13, 2015 - Trademark, Litigation
#Trademarks?: Hashtags as Trademarks
By: Aaron P. Rubin
Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings preceded by the “#” symbol that generate a link to all other posts containing
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November 18, 2014 - Trademark
Monkey Selfie Redux
When we last examined the intellectual property issues raised by a self-portrait taken by a talented female Indonesian crested black macaque—popularly known as the “Monkey Selfie”—we concluded that there was unlikely to be any copyright protection in the work, under either U.S. law or
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January 27, 2014 - Trademark, Litigation, Supreme Court
You May Not Necessarily Be the Master of Your Domain
The ability to associate goods and services with a specific domain name can make or break a business, so much so that companies are still willing to fork over millions to purchase domain names. And although you may consider yourself lucky to have registered
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July 29, 2013 - Trademark, IP, Litigation
Whose @SunValley Is It?
Readers of our blog may remember Leonard Barshack as the co-founder of Bigfoot , a popular Internet mail forwarding service that launched in 1995. Barshack, a resident of Sun Valley, Idaho, recently became well-known once again for his role as plaintiff in Barshack v.
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June 21, 2013 - Trademark
Protecting Your Trademarks as ICANN Launches New Generic Top Level Domains
Last year, the Internet Corporation for Assigned Names and Numbers (ICANN) received over 1,900 applications for new generic top-level domains (gTLDs), including multiple applications for popular domains like .app, .inc, .art, .shop and .music. More than seven hundred applications have now passed an initial
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January 23, 2013 - Trademark, Privacy, Copyright, IP, Litigation
Be Wary of Sharing: Anonymous P2P User’s Motion to Quash Subpoena Denied
By: J. Alexander Lawrence
BitTorrent, the peer-to-peer (P2P) file-sharing system that enables the quick downloading of large files, has sparked another novel controversy stemming from copyright-infringement claims brought against its users. Users take advantage of the BitTorrent sharing system to anonymously access popular media such as books and
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December 16, 2012 - Trademark, Section 230 Safe Harbor, IP, Litigation
Google AdWords Decision Highlights Contours of the CDA Section 230 Safe Harbor
In a string of cases against Google, approximately 20 separate plaintiffs have claimed that, through advertisements on its AdWords service, Google engaged in trademark infringement. These claims have been based on Google allowing its advertisers to use their competitors’ trademarks in Google-generated online advertisements.
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October 26, 2012 - Trademark, DMCA, Copyright, IP, Litigation
Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications
By: Jessica Kaufman
Popular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to
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