Trademarks in the Augmented Reality Industry

One sure sign of a healthy industry is the growth of intellectual property developed by companies in the field.  I’ve blogged a lot lately about augmented reality patents–both their creation and litigation over them.  But other forms of AR-related IP are expanding as well.  Trademarks are what companies use to distinguish themselves and their products[...]

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Double Whammy – Augmented Retailer Ditto Hit With Second Patent Lawsuit

No sooner had I finished reporting on a new wave of patent infringement lawsuits filed in March 2013 against retailers such as Ditto Technologies–the innovative leader in “virtual try-on” technology for eyewear–than I learned about a second lawsuit aimed specifically at Ditto that had been filed a month earlier, in February.  Unlike the series of[...]

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The 6th Circuit Copyright Updates Are Out!

What do alarm monitoring software, Tim McGraw, and Teens in Tight Jeans have in common?  They have all been the subject of copyright infringement litigation in the courts of the Sixth Circuit within the past six months.  Particularly interesting are the growing tidal wave of decisions from BitTorrent cases in the Eastern District of Michigan,[...]

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Publicity Rights and LinkedIn – The Case of Eagle v. Morgan

In Eagle v. Morgan (E.D. Penn. March 12, 2013), a banking company was found liable for infringing the publicity rights of its former CEO, Dr. Eagle.  When Eagle left her position, the company used her password to access her LinkedIn account and lock her out of it.  They then replaced her information with that of[...]

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Fair Use, Copyright, and Social Media

This post is excerpted from the upcoming e-treatise “Wassom on Social Media Law.” Copyright exists in order “to promote the Progress of Science and useful Arts.” It accomplishes this by giving authors an economic incentive to create new works and share them with the public.  But private control over the use of expressive works doesn’t[...]

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Trademarks, Likelihood of Confusion, and Social Media

Trademark law in the United States has one overarching goal: to prevent consumers from being confused over the source of a product or service.  The function of a trademark is to communicate to the marketplace who is offering the good or service.  So, for example, when I’m driving down the road and spy the Golden[...]

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5 Predictions for Augmented Reality Law in 2013 (and a Look Back at 2012)

As a public radio commentator once said, augmented reality has “been the Next Big Thing for a while now, although it never manages to become the Actual Current Big Thing.”  In keeping with this Sisyphean observation, we did not (yet) see quite as much development in either AR technology or the law governing its use in[...]

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Persuading Facebook to Remove Misleading Pages

I recently had success in persuading Facebook to take down a Page dedicated to criticizing a client.{*}  In the process, I learned a few things about what Facebook finds persuasive in takedown requests. The Page in question used the phrase that our client uses as a trade name and service mark–let’s call it TRADEMARK–as the[...]

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10 Reasons NOT to “Declare” Your Copyrights and Privacy on Facebook

Facebook has been overrun over the past few days with users’ “declarations” about their supposed copyright and privacy rights.  Dozens of my own Facebook friends have re-posted the same message, and others are wondering aloud if this is something they need to be doing, too.  So do these boilerplate declarations accomplish anything, other than fueling[...]

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Patent Troll Launches Infringement Litigation War on Augmented Reality Retailers

Last week I described a wide-ranging patent that Zugara received for its virtual dressing room AR technology.  This week I discovered* a series of six patent infringement lawsuits that another company has filed against 10 separate defendants over their use of similar technology–including at least one site designed by Zugara.  The AR patent wars that[...]

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