Remove 2017 Remove Fair Use Remove Settlement Remove Social Media
article thumbnail

5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

article thumbnail

Court Finds Tweet To Be Fair Use

LexBlog IP

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. In December 2017, Chisholm Trail High School’s softball team and color guar posted the WIN Passage to their Twitter accounts. He offers merchandise, including t-shirts and posters, that display the WIN Passage.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

3 Count: Clubbed Penguin

Plagiarism Today

First off today, Joe Tidy at the BBC reports that the City of London Police have arrested three people and shuttered the website of a group that was running an unauthorized clone of Club Penguin, the Disney social media site/game that shuttered in 2017. The terms of the settlement have not been disclosed.

article thumbnail

ACE Shuts US-Based Pirate IPTV Services, Poor Security Costs $2m

TorrentFreak

The realm of content protection may yet have an AI savior waiting in the wings, but until a model can accurately determine fair use and conduct complex, error-free investigations, humans retain the upper hand. 2m+ Settlement Agreed The closure of these services will be governed by a settlement agreement between ACE and three U.S.-based

article thumbnail

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Though the text of the Act does not use the terms dilution, tarnishment, blurring or free-riding, the text of section 29(4), along with caselaw makes it abundantly clear that such acts are actionable in Indian courts. The Indian counterpart of fair use in trademark law is embodied in Section 30 of the Trade Marks Act, 1999.

Trademark 123
article thumbnail

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

The Lenz case got a lot of press, but it ended with a confidential settlement. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. Signal 23 Television v.

article thumbnail

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. x] This article assumes, for the purposes of the argument, that screen grabs from audiovisual media are protected by copyright. [xi] xxv] U.S.