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.

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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.

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Publishing Advertising Advertising Reporting 101

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.

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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.

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TorrentFreak

OCTOBER 1, 2021

However, in this case, it leads to the unfortunate situation that pirated copies of the film are already widely available online before people can see them legally. Pirates Leak “No Time to Die” Over the past few hours, several copies of “No Time to Die” started to circulate. 2021.720p.HDCAM-C1NEM4.

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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.

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Copyright IP Ownership Copyright Infringement 89

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.

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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.

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Copyright Infringement Advertising Advertising Copyright 82

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).

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Contracts Government Copying Reporting 104

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

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False Advertising Advertising Advertising Reporting 59

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.

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Copyright Infringement Music Copyright Social Media 135

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.

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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.

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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.

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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.

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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.

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Copying Reporting Advertising Advertising 144

43(B)log

SEPTEMBER 30, 2021

2021 WL 1383368, No. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”

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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.

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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

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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.

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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.

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Copyright Copying Copyright Infringement Copyright Law 121

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.

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Social Media Copyright Infringement Television Journalism 120

Garrigues Blog

JUNE 1, 2021

We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? My product was copied and I haven’t registered it. Final act: will the Supreme Court lend bullfighting a helping hand? There will be a sequel!

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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.

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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.’

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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).

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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.

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Kluwer Copyright Blog

AUGUST 25, 2023

Background Christmas in the UK has become almost synonymous with the arrival of the John Lewis advertisement that for many marks the beginning of the festive season. Since 2009, these advertisements have been created by leading agency, adam&eve. It said this showed it had not copied the book. Did the defendants copy FFD?

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Copyright Copying Copyright Infringement Social Media 52

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.

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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.

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond.

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Indiana Intellectual Property Law

JULY 26, 2022

According to the Complaint, the Defendant, Jason Bartel (“Bartel”), on or about May 2021 put The Works on a free online file sharing and storage site called “4Shared.com.” After sending Digital Millennium Copyright Act (DMCA) takedown notices the Foundation was able to have The Works taken off the site.

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43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” The new app then launched in January 2021. WCT sued in April 2021.

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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.

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TorrentFreak

JULY 17, 2024

“ COCO was opened by male B in May 2021, and male B was mainly responsible for its operation and maintenance. He ended up running his own pirate streaming site and a ‘cinema app’ which attracted attention from advertisers in early 2022. “During the search, PCs, server equipment, etc.

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Reporting Intellectual Property Cinema Advertising 101

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.

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IP Intellectual Property Reporting Branding 254

43(B)log

OCTOBER 5, 2021

TruPharma, LLC, 2021 WL 4316750, No. 8, 2021) When a false advertising case starts this way, you can guess how it will end: “Market competition is good. Competitors are free to copy successful products as long as they do not steal, lie, or mislead.” Sebela Pharmaceuticals Inc. 1:20-cv-1677-SB (D.

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