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Social Media and Patents Tag

BananaIP Counsels > Posts tagged "Social Media and Patents"

Social Media and IP : Part XI – Best Practices for Businesses

  Social Media is an integral element of every business today, and no business can afford to ignore its relevance. From employee policies to business development, social media has a role to play in several business related activities. It is therefore important for companies to devise and follow legally acceptable standards and guidelines for handling business activities on social media. This note outlines some best practices from the Intellectual Property, privacy and publicity perspectives. Devise and Implement a Social Media Policy In this age of social media, every company must have a social media policy. A policy that outlines what role social media...

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Social Media and Intel (Part IX): Select Publicity Rights Cases

This post provides short briefs of two publicity rights cases, which provide insights about publicity rights on social media. A previous post on the subject covered a couple of other cases. Ranveer Singh and Slippers Just before the movie Kill Dil, a Bollywood film starring Ranveer Singh, Govinda and others was released, a company by the name 'Yo Custom Freak' uploaded a Facebook image of slippers. The phrase 'Kill Dil' was written on the slippers and Ranveer Singh's photograph was part of the image. The company claims to produce customized apparels, jewelry, accessories, etc., and this was one of its customized products. On...

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Social Media, IP and Business- A Presentation by Dr. Kalyan Kankanala

This presentation was delivered by Dr. Kalyan Kankanala as a part of a seminar on intellectual property, social media and business. The seminar was attended by IP professionals as well as corporates. The presentation entitled ‘Social Media IP and Business’ covered the following topics. Various types of IP on Social Media- Patents, Copyrights, Trademarks, Trade Secrets, Publicity Rights. Intellectual property violation on Social Media- Direct Contact, Take Down, instances Infringement. Let’s Go Crazy lawsuit Examples of patents with respect to Social Media With the help of cases, examples and multi-media Dr. Kalyan’s presentation gives insights into various facets of Intellectual Property,...

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Social Media and IP : Part VII – Trade Mark Cases

PINTEREST, v. PINTRIPS Pinterest, a social media platform, which allows users to upload content and share it through what it calls as 'pins,' filed a suit against Pintrips, a company that allows users to compare travel plans and flight prices. In its suit, Pinterest claimed that it owns trade mark rights with respect to the mark, PIN, and that its use by Pintrips amounts to trade mark infringement and dilution. The case was filed in 2013 in a California Court. After analyzing the facts, the Court held that Pintrips was not liable for infringement of any rights Pinterest may have in the...

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Social Media and Intellectual Property (IP): Part V – Publicity Rights and Celebrity Rights

Social Media can make or break a personality. Most public figures from film stars like Amitabh Bachchan, Will Smith, Aishwarya Rai, etc., to political leaders like Narendra Modi, Barack Obama, etc., are very active on Social Media. While on one hand, Social Media enables celebrities gain popularity, on the other hand, a celebrity's activities on Social Media platforms makes it possible for extensive misuse and abuse of a celebrity's persona. Over the years, several instances of passing off, false endorsement, misappropriation and publicity rights violations on Social Media have been reported. Publicity Rights in India Unlike states like California in USA, India...

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Social Media and IP: Part IV – Taking Down Infringing Content

Taking down IP infringing content on Social Media platforms is today a well-established process. All Social Media platforms have DMCA take down mechanisms in place. In line with the law, they have specific email ids and forms to enable IP owners raise disputes and take down content. Terms and Conditions of Facebook, YouTube and Twitter have separate provisions dedicated to IP infringement and take down.   Facebook "5. Protecting Other People's Rights   We respect other people's rights, and expect you to do the same. You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise...

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Social Media and Intellectual Property (IP): Part III – Aggregation of Content

Tons of content is added to Social Media on a daily basis. It is estimated that more than 30 billion pieces of content are shared on Facebook each month; more than three hundred hours of video is uploaded to YouTube every minute; and more than six thousand tweets are added to Twitter every second. This can at the least be described as explosion of content creation and distribution. From the storm of content arises the need for aggregating, indexing and searching services. Aggregation of Content Aggregation of content is in general permitted if the aggregation and indexing is done for purposes of...

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Social Media and Intellectual Property (IP): Part I- Protection and Ownership

Social Media comes with a bundle of tools that differentiate it from traditional print and electronic media. Among others, two unique elements of Social Media are: Tools for sharing and dissemination of content and information across the world; and tools to communicate and exchange information. These two elements make Social Media a much more powerful weapon than traditional media. Access to most social media platforms requires internet, of which there is no dearth in today's context. It is estimated that 3.2 billion people have access to internet as of 2015. Out of these 3.2 billion, 2 billion people access internet on...

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