Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? by guest blogger Prof. Alexandra Jane Roberts. As a bar and restaurant, the use is commercial, but is it also transformative?

Blogging 111

Blogging Social Media Television Fair Use 111

Michael Geist

APRIL 20, 2023

Gold continues with specific examples: For example, Facebook acquired exclusive broadcasting rights for several baseball games during the 2018, 2019 Major League Baseball seasons. When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation.

Government 112

Government Social Media Law Music 112

Technology & Marketing Law Blog

JULY 5, 2021

Some interesting discussion on the use of Google and Twitter to determine genericness: Plaintiffs also offered evidence of Google searches and social media mentions on Twitter to support their position that PRETZEL CRISPS is not generic. Whole Foods Market Service, Inc., A company used [competitortrademark].com

IP 85

IP Social Media Fair Use Branding 85

TorrentFreak

DECEMBER 8, 2022

The Internet infrastructure company was featured in the first EU piracy watchlist in 2018 and responded with rebuttals. Since then, the company is no longer labeled a ‘notorious market’ Other sites and services have also dropped off the list. Social media. A similar position was experienced by Cloudflare.

Music 144

Music Reporting Social Media Publishing 144

43(B)log

FEBRUARY 21, 2024

He started collecting real-world test data in August 2018. He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Registration 59

IPilogue

JULY 23, 2021

Despite its short runtime, this episode touches on many interesting ways IP law can apply to the NFT space and is especially important as the NFT market continues to grow. “S S ocial Media & Your IP Rights ” by Innovation Talks. T he Progress Pride Flag, and the Realities of IP ” by Input Doc: Marketing Interviews. “T

Non-Fungible Tokens 105

Non-Fungible Tokens IP Law Intellectual Property 105

43(B)log

SEPTEMBER 1, 2021

It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” (That doesn’t seem a helpful conclusion, but the court seems to think that suggestive terms must have secondary meaning to be protected.)

Social Media 93

Social Media Television False Advertising Artistic Work 93

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination.

Contracts 119

Contracts Social Media Advertising Advertising 119

Technology & Marketing Law Blog

DECEMBER 14, 2024

In 2018, Jason Fyk sued Facebook for removing and blocking his content. Facebook appeared first on Technology & Marketing Law Blog. My previous summary of this litigation campaign: His lawsuit against Facebook was dashed by Section 230 in the district court. The Ninth Circuit quickly agreed and then denied his en banc request.

Social Media 52

Social Media Litigation Blogging Government 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

JANUARY 27, 2024

Snap appeared first on Technology & Marketing Law Blog. The court says that document doesn’t make any promises that would help the plaintiffs, plus its audience was law enforcement, not users. LEXIS 12105 (C.D. 19, 2024) The post Plaintiffs Tried to Plead Around Section 230. It Didn’t Work–Ziencik v.

Blogging 97

Blogging Social Media Law Business 97

Copyright Lately

DECEMBER 15, 2024

As two social media influencers fight it out in court, a lawsuit over “sad beige” aesthetics sparks debate about creativity, commerce and copyright law. Viewed through that lens, the beige-on-beige aesthetic isnt so much a creative choice as an inevitable byproduct of a broader marketing machine. Put it in neutral.

Copyright 52

Copyright Social Media Copying Copyright Law 52

Technology & Marketing Law Blog

DECEMBER 12, 2021

In that sense, this case is like the “material support for terrorists” cases against social media services, which have failed on a wide variety of grounds beyond Section 230. The court concludes: The murder of Commander Paul Bauer on February 13, 2018 was horrific and inexcusable. The answer must be no.

Copyright Infringement 138

Copyright Infringement Publishing Design Designs 138

azrights

MAY 10, 2022

Compumark an industry leader in trademark research and protection reported in 2020 that trademark infringement is rising year on year with 85% of brands experiencing trademark infringement in the previous year, showing a steady upward trend from 81% in 2018 and 74% in 2017. Not understanding marketing. Failing to plan properly.

Business 98

Business Branding Brands Branding 98

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

Trademark 59

Trademark Social Media Branding Brands 59

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

APRIL 26, 2022

1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. It also used radio and television outlets in select US markets.

Television 56

Television Social Media Advertising Advertising 56

Indiana Intellectual Property Law

AUGUST 16, 2021

According to the Complaint, Defendant, Jane Doe aka Denise Gilbey Moe (“Defendant” or “Moe”), was employed by VAF until October 2018. Due to the nature of Moe’s position, she was allegedly granted access to VAF’s social media accounts including its Facebook page during her employment.

Social Media 40

Social Media Intellectual Property Reporting Marketing 40

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. The plaintiff submitted that though their “Sufiyana” mark has not been registered, they have been using the same since 2014/ 2018 and thus have gathered a substantive goodwill in the market. But how does this finding interact with the position of relevant laws in India?

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Kluwer Copyright Blog

OCTOBER 23, 2024

Authorised use A harmonised SPR should allow authors to post their research in a variety of suitable fora that do not directly compete with the original publisher, including non-profit repositories, institutional and university websites, personal web pages, and social media.

Publishing 74

Publishing Journalism Copyright Editing 74

LexBlog IP

JULY 13, 2021

Music is also a vital component of social media platforms, as research displays that nine out of 10 social media users engage in a music related activity on their apps. The EU is a vibrant music market, and the access to—and usage of—personal data helps to maintain this.

Privacy 52

Privacy Music Social Media Law 52

IP Tech Blog

JUNE 6, 2022

CAP has provided Guidance (the “ ASA Guidance ”) to assist marketers in interpreting the requirements of the new rules. . It is worth noting that the new rules do not only apply to sports stars, they also apply to influencers with a large under-18s following (for example, reality show stars with a large social media presence). .

Advertising 57

Advertising Advertising Social Media Publishing 57

IP and Legal Filings

NOVEMBER 8, 2021

This is primarily due to the fact that a large number of new millionaire buyers have joined the market, thus leading to a surge in the trade of contemporary art. As of 2018, the global art market was valued at over 67 billion US dollars. Moreover, the contemporary art domain now accounts for 15% of the global art market.

Art 96

Art Artwork Television Copyright Infringement 96

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. After all, “improperly prolonging a monopoly is as much an offense against the Sherman Act as is wrongfully acquiring market power in the first place.”

False Advertising 59

False Advertising Advertising Advertising Privacy 59

BYU Copyright Blog

APRIL 1, 2024

Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Morlos and St.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

Technology & Marketing Law Blog

AUGUST 1, 2023

In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The vast majority of people who post to social media want their posts to be embedded and made available to others. Breitbart News Network, LLC , 302 F.

Blogging 98

Blogging Copying Social Media Copyright 98

Selvam & Selvam Blog

NOVEMBER 3, 2022

Further, they recorded their dissatisfaction with the defendant’s use of the mark ‘Fly High’ as hashtags on popular social media websites to promote their services. vs Gujarat Co-Operative Milk marketing federation LTD. & that is not capable of acting as a source identifier. Download Order/Judgement.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

LexBlog IP

JUNE 6, 2022

It is worth noting that the new rules do not only apply to sports stars, they also apply to influencers with a large under-18s following (for example, reality show stars with a large social media presence). Advertisers will no doubt be looking to launch marketing campaigns to target the opportunities that this presents.

Advertising 52

Advertising Advertising Social Media Publishing 52

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. 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.

Law 59

Law Privacy False Advertising Social Media 59

BYU Copyright Blog

MAY 1, 2023

According to the Complaint, Katherine is featured at many educational conferences as a keynote speaker and has a large following of almost 100,000 via her blog and other social media platforms where she shares her findings. The 2018 purchase included only “two Space Saver kits and eight flashcard sets.”

Copying 40

Copying Intellectual Property Social Media Copyright 40

Garrigues Blog

SEPTEMBER 21, 2021

Yet all is not lost for those companies that did not incorporate ESG criteria from their very start, as they still have time to adapt to the new market demands, to set reasonable goals related with improving the environment and society and to accompany these goals with a persuasive story that helps boost their corporate reputations.

Branding 52

Branding Brands Branding Government 52

IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

43(B)log

JANUARY 5, 2024

2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength.

Branding 59

Branding Branding Brands Marketing 59

43(B)log

AUGUST 19, 2021

CasperLabs was founded in October 2018 under that name. CasperLabs, meanwhile, alleged that “Casper” and “CasperLabs” had become widely recognized on social media to refer to its network. “A Zamfir’s branch of this research, carried out in the US, became known as “CBC Casper,” aka “Casper.”

Registration 56

Registration Social Media Trademark Registering Trademarks 56

IP and Legal Filings

OCTOBER 18, 2022

The Nepal Privacy Act was passed in September 2018. It encompasses all intersecting IT industries and might affect anything from social media use to surveillance, e-commerce, and technological innovation. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52