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Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram

Technology & Marketing Law Blog

In 2007, in Perfect 10 v. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Instagram appeared first on Technology & Marketing Law Blog. For reasons unexplained in the opinion, the court says the “parties agree that Instagram is not a direct copyright infringer.”

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Covid-19 Act gives government more options in proceeding against supplement seller

43(B)log

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” Defendant Nepute also couldn’t testify as an expert (as opposed to as a fact witness).

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Precedential No. 15: On Remand, TTAB Reverses COOKINPELLETS.COM Genericness Ruling, But Affirms Mere Descriptiveness and Lack of Acquired Distinctiveness

The TTABlog

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

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Memelords unite! Eighth Circuit rejects fair use of meme in Griner v. King

The IPKat

case concerning the creation and dissemination of a meme on social media saw the Court of Appeals clarify that “the fact that everyone else is doing it is not a particularly compelling justification” for the fair use doctrine under 17 U.S.C. § Now, adding one more nail to the coffin of the #SaveOurMemes movement, a U.S. 107 to apply.