Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.”” Meta Platforms, Inc.

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JIPEL Copyright Blog

APRIL 28, 2021

Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine. This is due to the fact that most fanfiction remains online as a free resource and is thus not a huge threat to the original authors’ existing markets. Colting , 607 F.3d

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JIPL Online

MARCH 15, 2021

20] In another case that did not settle, Netflix won a case when it used eight seconds of the song “Fish Sticks n’ Tater Tots” without permission in its documentary “Burlesque: Heart of the Glitter Tribe.” [21] Based on its fair use win in “Burlesque,” [30] Netflix may try to incorporate more content using the fair use defense.

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Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. In addition, the plaintiff hadn’t alleged that the market for her tattoo was in any way affected by Netflix’s blink-and-you’ll-miss-it use of her work. Even though Cramer v.

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Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The court approaches this case like it’s an adware case, but the court never once uses the term. Plus, let’s not lose sight of the users’ agency–they are the ones responding to the marketing signals.

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SpicyIP

DECEMBER 30, 2023

On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Meticulous Market Research Pvt. Assessing the provision, the Court has set aside the in rem (on all the parties) application of the 2010 order and clarified that it will be applied on the parties to the dispute only.

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43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. UK campaign to investigate academic ebook market is a similar push.

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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. But there was pressure from the market: this is a business trying to make money. One company does the market research and the other follows.

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LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why.

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SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

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LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23).

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SpicyIP

JANUARY 27, 2024

But if your interest is in the specific case studies, Arogyapacha is worth reading, as it exemplifies bringing valuable TK to the market and sharing revenues with an indigenous community. Meaning, the fear that lower prices in developing countries could impact demand for lower pricing in the home market of the US and EU.

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43(B)log

AUGUST 8, 2024

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. Congress endorsed an incompletely theorized agreement w/o contents of fair use being defined.

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Patently-O

DECEMBER 12, 2021

Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity.” [15] 10] In re Hoefflin , 2010 WL 5191373, *1. [11]

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Technology & Marketing Law Blog

JANUARY 27, 2022

The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Previous year-in-review lists from 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. Yay, we got our first Supreme Court opinion interpreting the CFAA.

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Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk. 18, 2022 NetChoice LLC v.

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