43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 57

False Advertising Advertising Advertising Privacy 57

Kluwer Copyright Blog

AUGUST 25, 2023

The case of Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPEC) is a copyright infringement claim in which the IPEC (a specialist IP court in the UK) was asked to decide whether John Lewis’s 2019 Christmas advert and an associated book infringed the copyright in a children’s book. It said this showed it had not copied the book.

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Copyright Infringement Television 52

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

TorrentFreak

NOVEMBER 30, 2022

Hollywood believes that these ‘cam’ copies cause significant damage to the cinema industry, an opinion shared by the UK’s Film Distributors’ Association. Sources confirm that the copies were traced back to two multi-screen cinemas, both of them in Liverpool, the location mentioned by PIPCU.

Cinema 125

Cinema Intellectual Property Copying Government 125

TorrentFreak

FEBRUARY 16, 2023

The site offered downloads and streams of roughly 12,000 pirated copies of movies and 26,000 TV shows. The true purpose of the site was obvious and its operators publicly advertised it as the best way to watch entertainment without paying. This free-for-all approach generated serious advertising revenues for the site.

Advertising 126

Advertising Advertising Copying Intellectual Property 126

TorrentFreak

OCTOBER 30, 2021

Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well. They include advertising company PopAds , which is described as follows: PopAds and PopCash are ad networks owned by Tomksoft in Poland but incorporated in Costa Rica.

Advertising 124

Advertising Advertising Reporting Copyright Infringement 124

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 80

Trademark Advertising Advertising False Advertising 80

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

TorrentFreak

JULY 17, 2024

An article published on a government website late February, titled: “I just wanted to release pirated movies to earn some advertising fees, but I didn’t expect to be convicted and sentenced…” tells the story of a person identified as ‘Ke’ who chose piracy as an easy way to make money.

Reporting 85

Reporting Intellectual Property Cinema Advertising 85

TorrentFreak

MARCH 28, 2024

“Beginning in 2016 and continuing through 2019, Freemon sold illegally modified Fire TV Stick devices. This service originally operated as ‘Nitro TV’ between 2019 and 2021. These devices connect to a regular TV and allow customers to access unauthorized content.”

Copyright Infringement 98

Copyright Infringement Copyright Business Copyright Law 98

43(B)log

MARCH 10, 2023

An axe-throwing business owner testified that, in 2019, he and two other league members believed that WATL worked with Cold Steel to manufacture axes, based on advertisements on Cold Steel’s website. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 67

Fair Use False Advertising Social Media Advertising 67

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Sri Sri Ganesh Productions, AIRONLINE 2019 DEL 1017. [2] 2] Novartis v. Cipla, I.A. 24863/2014. [3] 3] Starbucks Corporation v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

The IPKat

JUNE 23, 2023

During Summer 2019, Mercredie became aware of the fall-winter 2019 advertising campaign, entitled #MajeMyDogandI, by ready-to-wear company Maje. As a result, Mercredie sent a cease-and-desist letter to the French brand on 16 September 2019. This said, the court turned its attention to analyzing the alleged infringement.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

IP and Legal Filings

FEBRUARY 15, 2023

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters. Kim cartoon and Ors. , Kim cartoon and Ors.,

Copyright Law 93

Copyright Law Copyright Law Social Media 93

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

TorrentFreak

OCTOBER 10, 2022

Since at least 2019 , Italian authorities have targeted Telegram channels linked to illicit IPTV services and movie and TV show piracy , but protection of literary works is becoming increasingly common. The regulator said that Telegram and WhatsApp groups were mass distributing PDF copies of newspapers and periodicals on a daily basis.

Advertising 126

Advertising Advertising Cinema Copyright Infringement 126

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Monster Energy Co.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Relatedly, this wasn’t an attempt to enforce the FDCA directly, but a false advertising claim.

False Advertising 57

False Advertising Law Advertising Advertising 57

TorrentFreak

AUGUST 14, 2023

Lux Vide Sues File-Hosting Platform Easybytez In a complaint filed at a Michigan district court in August 2019, Lux Vide (Lux Vide Finanziaria Per Iniziative Audiovisive e Telematiche S.p.A.) Lux Vide has also recently emerged from an extended copyright lawsuit, one that predates the coronavirus pandemic. District Judge Robert J.

Television 97

Television Reporting Advertising Advertising 97

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 57

Copyright Infringement Branding Brands Branding 57

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. 2019 WL 3555509 (D. 634 F.Supp.2d

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

The TTABlog

JUNE 5, 2023

and is strong evidence of Applicant’s intent to copy and create an association with Opposer’s mark." Opposer has continuously advertised and sold beverages under the mark PEPSI-COLA since 1898. Opposer has continuously advertised and sold beverages under the mark PEPSI-COLA since 1898. PepsiCo, Inc.

Branding 52

Branding Brands Branding Advertising 52

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement.

Copyright Law 87

Copyright Law Copyright Law Copyright Infringement 87

Intellectual Property Office Blog

JULY 29, 2021

As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. Molly Mae rose to fame following 2019’s season where she came in second place with her now long-term boyfriend Tommy Fury. million viewers back in 2020. Take Molly Mae Hague as an example.

IP 85

IP Branding Brands Branding 85

TorrentFreak

JULY 29, 2021

In 2019, a Virginia jury ordered Internet provider Cox to pay a billion dollars in damages to a group of major record labels. advertised high-speed Internet access, combined with the inaction against online piracy, attracts potential copyright infringers to the ISP, the complaint alleges. through a separate letter. The fact that WOW!

Copyright Infringement 143

Copyright Infringement Copyright Music Settlement 143

TorrentFreak

MAY 18, 2022

In late 2019, the IPTV provider found itself being extorted by a hacker who claimed to have obtained the details of around 121,000 of its subscribers. On the other, a good product coupled with brand awareness can lead to commercial success, at least until that profile attracts the wrong type of attention.

Cease and Desist 128

Cease and Desist Social Media Branding Brands 128

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content. A copy of the agreement is offered as evidence and signed by Kumar.

Copyright Infringement 82

Copyright Infringement Contracts Ownership Copyright 82

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.”

Social Media 57

Social Media Copying Fair Use Advertising 57

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

Selvam & Selvam Blog

MARCH 30, 2022

Key points, among others, of the order , are as follows: All trademark advertisements whose deadline expires after March 15, 2020, shall stand extended until May 30, 2022. A copy of the present order shall also be uploaded in the form of a public notice on the website of the CGPDTM, ipindia.gov.in Action by the Trade Marks Office.

Journalism 52

Journalism Registration Intellectual Property Trademark 52

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content. A copy of the agreement is offered as evidence and signed by Kumar.

Copyright Infringement 71

Copyright Infringement Contracts Ownership Copyright 71

IP and Legal Filings

APRIL 8, 2023

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. By repealing the Consumer Protection Act 2019, the government recognized the critical need to protect consumers from misleading advertisements for products endorsed by such celebrities.

Privacy 79

Privacy Law Intellectual Property Music 79

The IP Law Blog

DECEMBER 23, 2021

In November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. FTX featured its Moon Man character in commercials running during MLB games. Jack in the Box is not happy.

Trademark 98

Trademark Advertising Advertising Copying 98

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. s Terms of Service (“ToS”) when it created a new account in 2019. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.”

Blogging 96

Blogging Contracts Cease and Desist Social Media 96