43(B)log

OCTOBER 1, 2021

2021 WL 409835, No. 5, 2021) Elias is a wholesale distributor of plumbing parts that primarily sells OEM plumbing parts. Sending the complaint to twelve customers wasn’t “commercial advertising or promotion.” Elias Indus., Kissler & Co., 20-CV-01011-CCW (W.D.

Advertising 59

Advertising Advertising False Advertising Litigation 59

TorrentFreak

JUNE 10, 2024

Pirate Site Promoter, Piracy Profiteer The opening salvo in the publishers’ lawsuit, which majors on violations of the Copyright Act, the Lanham Act, and New York’s General Business Law, details Google’s ‘systemic and pervasive advertising’ of infringing copies of their textbooks and other educational works.

Publishing 117

Publishing Advertising Advertising Reporting 117

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Facebook’s ads remixed third-party content, but Facebook generated the ad copy itself. 2021 WL 3510350 (W.D.

Advertising 128

Advertising Advertising Marketing Marketing 128

TorrentFreak

FEBRUARY 18, 2022

However, in recent years we have also seen hosting companies, advertisers, and e-commerce platforms being added. Hosting, Advertising, and Shopping. Aside from sites and services that are directly linked to piracy, the USTR also calls out several third-party intermediaries including hosting companies and advertising services.

Marketing 145

Marketing Marketing Advertising Advertising 145

Plagiarism Today

SEPTEMBER 21, 2022

In October 2021, Andrew Azzopardi and a student he was mentoring, Andrew Camilleri, published a literature review entitled Risk and Protective Factors in Violent Youth Crime in the first edition of the journal Studies in Social Well-being. .

Plagiarism 312

Plagiarism Journalism Editing Advertising 312

Plagiarism Today

APRIL 11, 2022

In December 2021, The New York Post ran a story featuring Elyza Davis , an Etsy user who claimed that her Etsy shop was abruptly closed during the holiday season due to a trademark complaint filed by a competitor. The system itself has not been very broadly advertised. A Very Black Friday. What’s Next for Etsy.

IP 264

IP Intellectual Property Reporting Brands 264

43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. The proposal allegedly incorporated identical text and pictures that LStar used to promote two other developments.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

TorrentFreak

OCTOBER 31, 2021

After a long wait, the 2021 installment of the sci-fi classic Dune finally premiered in the United States last week. Their patience was further tested when a relatively high-quality copy of the film leaked on pirate sites days before the premiere on HBO Max and in theaters. Dune Piracy.

Copying 145

Copying Reporting Advertising Advertising 145

TorrentFreak

JUNE 15, 2023

“Twitter fuels its business with countless infringing copies of musical compositions, violating Publishers’ and others’ exclusive rights under copyright law,” the complaint reads. ‘Music Piracy Fuels Revenue’ Twitter’s revenue partly relies on advertising which, in turn, is boosted by additional views.

Copyright Infringement 145

Copyright Infringement Music Copyright Social Media 145

The IPKat

DECEMBER 16, 2021

In February , the Court of Appeal in Nigeria issued a decision in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and provided guidance on factors that must be established to succeed in a claim for passing off relating to image rights in Nigeria.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

Technology & Marketing Law Blog

DECEMBER 28, 2021

First, HuffPost displayed ads from Texas-based advertisers. Second, it used visitors’ location data to tailor advertising to them. So when the site detects that a user is visiting the site from Texas, advertisers may use that data to generate a relevant ad—such as the “Attention Texas Driver!” ads that no one clicks.

Advertising 145

Advertising Advertising Blogging Marketing 145

Patently-O

AUGUST 13, 2021

21-193 (Supreme Court 2021). The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art.

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

TorrentFreak

MARCH 18, 2022

which together with the other defendants (we’ll come to some of those later), found themselves on the end of a $100m damages claim filed in April 2021. In July 2021, with Triller appearing to do little to progress the case, the court warned the lawsuit could be dismissed for lack of prosecution. as the sole defendant.

Copyright Infringement 144

Copyright Infringement Copyright Advertising Advertising 144

TorrentFreak

JULY 15, 2022

. “Defendants advertised VNest TV as a subscription-based service providing more than 5,000 channels, movies, sports programs, and other premium content, all for a low monthly fee,” the complaint reads. “According to Defendants, VNest TV offers ‘the best content and up time than anyone else in the business.’

Cease and Desist 141

Cease and Desist Social Media Advertising Advertising 141

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 2021 WL 5050079 (N.D. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. Ancestry ), and today I’ll blog two more. Callahan v.

Advertising 111

Advertising Advertising Social Media Blogging 111

Technology & Marketing Law Blog

JUNE 11, 2022

26, 2021). BackChina, LLC, 2021 WL 6337194 (C.D. 16, 2021): Defendant argues that it is shielded from liability by 17 U.S.C. We have not previously considered what is required for a copy to persist for more than a transitory period. 2021 WL 6052106 (S.D.N.Y. * Hebenstreit v. Wilmont Storage Services, LLC , No.

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

TorrentFreak

FEBRUARY 1, 2024

What began as a fairly bitter and personal affair has left both sides with little to celebrate since the lawsuit was filed in 2021. In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event.

Copyright Infringement 107

Copyright Infringement Advertising Advertising Copyright 107

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

The TTABlog

DECEMBER 6, 2021

87213400 (December 3, 2021) [precedential] (Opinion by Judge Mark Lebow). Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. The Board concluded that DiMarzio's advertising fell short of supporting its Section 2(f) claim.

Advertising 101

Advertising Advertising Marketing Marketing 101

TorrentFreak

OCTOBER 13, 2021

These link sites typically generate revenue from user donations, advertising, or both, and the ESA selects a number due to their high levels of traffic and the volume of infringing links on offer. Nsw2u.xyz (previously branded Switch-xci) offers links to pirated games for most platforms including PC.

Reporting 140

Reporting Government Marketing Marketing 140

TorrentFreak

FEBRUARY 22, 2022

It’s been around for at least eight years but in December 2021 it became clear that major movie and TV show companies had seen enough. While the studios’ original complaint demanded millions in statutory damages, they also want to find out how much money has been generated by PrimeWire from advertising. and primewire.vc

Advertising 144

Advertising Advertising Copyright Copyright Infringement 144

Technology & Marketing Law Blog

SEPTEMBER 26, 2021

Per Batzel, “the mere existence of the hard copy yearbooks does not indicate that the publishers ‘provided’ the yearbooks for publication on the internet.” But if a yearbook database vendor gets a hard copy of a yearbook, what does the supplier think is going to happen with it? 2021 WL 4245359 (D.

Publishing 115

Publishing Privacy Reporting Copying 115

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

TorrentFreak

JUNE 28, 2023

According to Rights Alliance, a member of Asgaard was also part of a piracy release group known as ‘Xoro6’ Between July and December 2020, the now 41-year-old man from Funen illegally copied and shared over 1,000 eBooks, audiobooks, newspaper articles and magazines with other Asgaard users.

Reporting 145

Reporting Advertising Advertising Copying 145

Plagiarism Today

SEPTEMBER 14, 2022

He found that many commercially-available products were not being sold as advertised and included fillers and even toxic substances mixed in. Those concerns went unheeded by UG, though the journalism Biodiversity and Conservation retracted the article in 2021. It was then that a formal investigation began.

Journalism 246

Journalism Plagiarism Publishing Public Domain 246

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

43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

Advertising 45

Advertising Advertising Social Media False Advertising 45

TorrentFreak

AUGUST 8, 2024

Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. Yet, based on the sheer scale of piracy, none have experienced anything close to that taking place in the manga market. trillion yen (estimated as of February 2022) • 2022 – ~506.9

Reporting 138

Reporting Advertising Advertising Copying 138

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. While full copies are never a good thing, small clips may be beneficial in some cases.

Social Media 126

Social Media Copyright Infringement Television Journalism 126

TorrentFreak

APRIL 22, 2024

In 2021, more than 900,000 users downloaded the app through Google Play, in Spain alone. The order is referenced multiple times on the LaLiga website but no copy has been posted for public consumption and, thus far, we’ve had no luck locating a copy. followers); YouTube (23k subscribers).

Copying 120

Copying Television Reporting Privacy 120

TorrentFreak

OCTOBER 27, 2024

“Brazil’s legitimate online audiovisual services continue to suffer from the pervasive availability of illicit, advertising-supported services, despite the increasing availability of legitimate options,” MPA notes. A copy of Bill No. 1153 can be found here (pdf).

Contracts 114

Contracts Government Copying Reporting 114

TorrentFreak

JULY 16, 2022

A little while back we became aware of a discussion about Nagra’s work based on documents made publicly available on a regional website of an advertising regulation authority with offices across South America. In the 12-month period between September 2020 and August 2021, Nagra reportedly kept up the pressure.

Reporting 145

Reporting Advertising Advertising Marketing 145

IPilogue

JULY 28, 2021

Early July 2021, Roderique received a message from a friend who had visited The Hudson’s Bay Company (The Bay) where she came upon Roderique’s photo for the company’s “ Charter for Change ” initiative. The Bay has since removed the image from all advertising. Roderique’s Response.

Copyright Infringement 111

Copyright Infringement Copyright Social Media Ownership 111

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. A copy of the Memorandum Opinion is attached. ICON Health & Fitness, Inc. Civil Action No. 20-662-RGA (D.Del.

Advertising 56

Advertising Advertising Copying Technology 56

IPilogue

SEPTEMBER 29, 2021

In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to If Goldsmith wins, the Warhol Foundation will probably face floods of litigations after years of diligent copying and printing by Warhol. Photo Credit: Artnet News. .

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

TorrentFreak

JUNE 7, 2023

In 2021 the Fukuoka District Court sentenced Hoshino to three years in prison and more $650,000 in fines. The Tokyo District Court did previously fine two advertising companies for placing ads on Mangamura. The operator of the site, Romi Hoshino, was held responsible and eventually pleaded guilty in a criminal prosecution.

Publishing 130

Publishing Advertising Advertising Copying 130

TorrentFreak

SEPTEMBER 22, 2023

In 2021 the Fukuoka District Court sentenced Hoshino to three years in prison and over $650,000 in fines. The Tokyo District Court did previously fine two advertising companies for placing ads on Mangamura. — A copy of U.S. That was a major win for the publishers, but they still weren’t done.

Publishing 128

Publishing Reporting IP Advertising 128