SpicyIP

JULY 9, 2021

(CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s social media platforms – Facebook and Instagram. In 2010, in Kirtibhai Raval v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

NOVEMBER 26, 2024

The Delhi HC seems to be on a spree, granting interim injunctions in cases concerning trademark disparagement (see here and here ), with posts by social media influencers and content creators now also under the radar of such actions. Note for the readers: The matter is listed for today before the Delhi High Court. ]

Social Media 52

Social Media Trademark Branding Brands 52

43(B)log

OCTOBER 6, 2021

Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best.

Law 59

Law Privacy False Advertising Social Media 59

IP Whiteboard

FEBRUARY 8, 2021

16 February 2010. g) placing apparent weight on evidence of confusion from social media posts and no weight on the absence of evidence of actual confusion. Class 30: All products in class 30 including, hamburger sandwiches and cheeseburger sandwiches, hot coffee for consumption on or off the premises. IN-N-OUT BURGER.

Social Media 52

Social Media Branding Branding Brands 52

SpicyIP

JUNE 13, 2024

and Ors (2010), to argue that the initial diversion of consumer attention is sufficient to constitute TM infringement. This interpretation is crucial in today’s digital age, where consumers often make quick, preliminary judgments based on search engine results, online advertisements, or initial impressions from social media.

Brands 56

Brands Branding Branding Marketing 56

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. Sounds “Jhakaas!”

Personality Rights 59

Personality Rights IP Licensing Copyright 59

LexBlog IP

FEBRUARY 9, 2022

In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) 96 USPQ2d 1479, 1497 (TTAB 2010). Yankees P’ship, 114 USPQ2d at 1502 (quoting 15 U.S.C. § § 1125(c)(2)(A).

Television 40

Television Music Advertising Advertising 40

The IPKat

MARCH 27, 2022

An iterative design process commenced over emails between Mr Parker and Mr Lazo when producing the designs, resulting in what was referred to as the 1856 design which was also relied on by the House of Bruar as prior art: Although this was never sold, photographs of this 1856 design was posted on Fairfox & Favor's social media in November 2014.

Designs 52

Designs Design Copying Art 52

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. Comparative advertising is another example of free riding that is actually a very good idea. Might be different than when a company uses TM on a social media post. It’s like using quotes.

IP 56

IP Copying Marketing Marketing 56

Technology & Marketing Law Blog

JANUARY 18, 2022

trafficking when they enter into agreements with traffickers to share proceeds of advertisement revenue earned from child pornography videos posted to their websites, and actively employ tactics to make it difficult for law enforcement to locate traffickers. ” Benefit from the venture. Scienter about sex trafficking. Ruling #1: A.B.

Blogging 139

Blogging Reporting Publishing Law 139

Technology & Marketing Law Blog

JANUARY 29, 2022

MAGA state legislatures around the country have responded to his dog-whistles with laws such as the Texas and Florida social media censorship bills. Using doctrines like publicity rights, plaintiffs are attacking how these services advertise by featuring people in the yearbooks and the vending of yearbook access. ” UGH.

Social Media 138

Social Media Blogging Designs Design 138

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 122

Law Social Media Government Privacy 122

Technology & Marketing Law Blog

JANUARY 9, 2025

But MAGA got one thing right: some social media owners would find the temptation to embrace partisanship irresistible. MAGA has also complained that the government improperly pressured social media to make content moderation decisions (the so-called “censorship-industrial complex”). FOLLOW ME THERE!

Social Media 102

Social Media Law Government Privacy 102