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Among the ways social media platforms have tried to distinguish notable account holders such as celebrities, public figures, and brand names from impostors and inspire trust on their platforms, the blue checkmark appears to be most popular. Social media platforms have traditionally recognized such accounts by adding the blue checkmark next to the handles once the platforms have verified the authenticity of the accounts. However, the recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms’ verification and authentication processes. Indeed, Twitter recently altered course with the “Twitter Blue” program, which is an “opt-in, paid monthly subscription that adds a blue checkmark to [an] account ….” Soon thereafter were reports of an increase in impersonation on the platform, with accounts purportedly owned by companies and public figures posting misleading or false content. These recent events show that monitoring and policing trademark infringements and right of publicity violations can be increasingly difficult in the social media context.
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By Howard Shire and Sean McConnell
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
By Steven James and Hattie Chessher
In April 2021, a food fight broke out between two of the UK’s largest supermarkets. Marks and Spencer launched legal action against Aldi over the latter’s alleged copy of its signature “Colin the Caterpillar” cake. This article takes a look at the issues surrounding lookalikes, what the English courts have said about them and what can be done by brand owners to protect against the risks they present.
By Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel
Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Part Two of a Two-Part Article
In Part One of this article we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we analyze the claims made in the Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
By Jeffrey S. Ginsberg and Joyce L. Nadipuram
Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response