Technology & Marketing Law Blog

JULY 16, 2021

22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. Advertising/E-Commerce. Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. s Terms of Use” and “[c]ertain information about the party and the Terms acceptance.”. Les Giblin LLC v.

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Kluwer Copyright Blog

OCTOBER 3, 2023

2019); Worldwide Church of God vs Phila. 2000) (“ copying an entire work militates against a finding of fair use. ”). To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. 4th 1149 (9th Cir. 3d 723, 743 (9th Cir. Church of God, Inc., 3d 110, 1118 (9th Cir.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ). Registration was refused in August 2019, in line with previous US case law and guidance.

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Copyright Art Fair Use Registration 145

IP and Legal Filings

OCTOBER 18, 2022

Early in 2019, the Nepali government proposed a comprehensive IT Bill to replace the current Electronic Transaction Act. It encompasses all intersecting IT industries and might affect anything from social media use to surveillance, e-commerce, and technological innovation. Conclusion. If the buzz fades, losses may accumulate.

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IPilogue

NOVEMBER 15, 2021

Larson first commenced legal action at the start of 2019 following a number of attempts by Ms. Dorland will need to show: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original. Dorland originally posted on Facebook.? . On June 10, 2018, Ms. Copyright Office. 19-cv-10203-IT), Ms.

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Art Copyright Infringement Copyright Copying 105

TorrentFreak

FEBRUARY 9, 2022

In November 2019, the federal government shut down Gears-branded IPTV services operated by Bill Omar Carrasquillo, better known by his social media handle Omi in a Hellcat. Yes, Omi says, but that made him think about a situation he faced too, when people copied his own products. IRS and FBI agents seized “at least” $5.2m

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Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

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Registration Fair Use Copyright Designs 113

43(B)log

NOVEMBER 28, 2022

Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.” However, Dr. Carpenter could not opine about the beliefs of the individuals whose social media posts he reviewed.

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43(B)log

JULY 20, 2023

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” The COVID-19 Act was enacted on December 27, 2020.

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IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 2d 119 (2d Cir.

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IP Artwork Contracts Intellectual Property 52

LexBlog IP

DECEMBER 3, 2021

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Nearly every mainstream marketplace and social media platform has Acceptable Use Policies, which provide procedures for reporting intellectual property infringements.

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SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s & Ors v.

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The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

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Plagiarism Today

AUGUST 11, 2021

Earlier this week, independent fashion designer Bailey Prado took to Instagram to call attention to a different fashion label that, according to her, copied her “whole life.” For example, items that may sell on Prado’s website for up to $300 typical appear as copies on Shein’s app for less than $20.

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Plagiarism Today

JANUARY 3, 2022

This came to a head in 2017 when the filmmaker Rick Allen sued the State of North Carolina over alleged illegal copying of footage he shot of Blackbeard’s sunken ship. According to Unicolors, the retailers infringed on one of their designs and sold various goods with it. 4: The Unicolors Case.

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Kluwer Copyright Blog

SEPTEMBER 28, 2022

In combination with the legislative design and other uncertainties about its modalities of exercise, these characteristics have caused the GDPR portability to have limited success in practice. Think of social media or cloud storage services that involve uploading and sharing original texts, images, music or audio-visual clips.

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IP Contracts Social Media Copying 93

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” Around June 2019, he was nearing completion of a new app, but Apple announced a new Apple Watch operating system, requiring a change in development.

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Marketing Marketing Trademark Branding 57

TorrentFreak

DECEMBER 20, 2022

“Strike 3’s computer system: ‘VXN’ that was used to collect the PCAP’s in 2019, was not tested by Strike 3’s until 2022. VXN had no user’s manual, no design documentation, and was never verified by an independent third party. This makes it little more than ‘circumstantial’ evidence.

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The TTABlog

JUNE 11, 2021

In re Sausser Summers, PC , 2021 USPQ2d 618, (TTAB 2021) [re-designated as precedential] (Opinion by Judge Christopher Larkin). Sausser Summers also claimed that it “has advertised in print magazines, social media platforms, internet ads, and various other sources across the U.S.

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SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit.

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Copyright Lately

JULY 19, 2021

In a letter dated February 5, 2019, Yoakam’s lawyer transmitted two notices of termination to Warner—one for Yoakam’s sound recordings and the other for his music videos. That’s because Yoakam’s notice wasn’t actually served until February 5, 2019, while the effective date listed in the notice was January 31, 2021. The Mistake.

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Copyright Lately

DECEMBER 28, 2022

At the same time, content creators now need to worry about making even incidental reproductions of a copyrighted tattoo design without permission, which could deter them from accurately depicting an individual’s identity in any number of expressive works protected by the First Amendment. Talk about a tattoo fail. Plagiarism much?”

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IIPRD

JANUARY 18, 2022

the restriction against reproducing or copying copyright works) or communication right is infringed. Even premium watch brands are promoting NFT auctions through the many social media platforms accessible. When it comes to digital copies, the NFT makes it easy to track down the original copy that a collector would want to buy.

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SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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Copyright Lately

MARCH 6, 2023

In 2019, actor Cameron Boyce , star of Disney franchises Jesse and Descendants , died tragically following a sudden epileptic seizure. In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release.

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Copyright Derivative Work Fair Use Social Media 80

LexBlog IP

APRIL 20, 2022

For a more detailed discussion of these issues, you can also see Diane Nelson’s excellent article in The New York State Bar Association’s March/April 2022 Journal, entitled ‘ We’re Gonna Rock Down To’ Copyright Protection: The Unauthorized Use Of Popular Music In Political Campaigns During The Social Media Era).

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Intellectual Property Music Copyright Fair Use 52