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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Advertising Advertising Marketing Marketing 122

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 89

Copyright IP Ownership Copyright Infringement 89

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 75

Copyright Infringement Advertising Advertising Copyright 75

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

TorrentFreak

OCTOBER 30, 2021

These overviews provide input for the USTR’s annual notorious markets overview, where sites such as The Pirate Bay, Fmovies and Uploaded have appeared as repeat offenders. Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well.

Advertising 125

Advertising Advertising Reporting Copyright Infringement 125

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. Dune Downloads (torrents).

Copying 143

Copying Reporting Advertising Advertising 143

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. Effects of User-Generated Condensed Clips on Demand for Streaming Services.

Social Media 110

Social Media Copyright Infringement Television Journalism 110

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 92

Advertising Advertising Social Media Blogging 92

IIPRD

JUNE 26, 2024

In this computational era, influencer marketing is considered to be one of the most sufficient and influential method of marketing as within a 30-45 second video an influencer is able to efficiently advertise the product and also talk about its features and advantages.

Intellectual Property 52

Intellectual Property Social Media Intellectual Property Law IP 52

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. After an unexplained absence in 2021, YTS.mx reappeared in the report last year.

Reporting 94

Reporting Marketing Marketing Social Media 94

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” “IJR copied a significant percentage of the Photo in its article, and it only cropped out the negative space while keeping the Photo’s expressive features, or the ‘heart’ of the work.”

Fair Use 90

Fair Use Licensing Copyright Marketing 90

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 88

Publishing Privacy Reporting Copying 88

IPilogue

SEPTEMBER 29, 2021

In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to On the other hand, Warhol’s great commercial success was the choice of the market. Photo Credit: Artnet News. . This is not the first time Andy Warhol was sued for IP infringement.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc. Civil Action No.

Trademark 66

Trademark Advertising Advertising Copying 66

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.

Settlement 40

Settlement Licensing Designs Design 40

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.

False Advertising 44

False Advertising Advertising Advertising Copying 44

Patently-O

MARCH 31, 2024

In addition to rebutting this direct evidence, the patentee is also permitted to present additional objective indicia of nonobviousness such as commercial success, long-felt but unsolved needs, failure of others, copying, unexpected results, praise by others, and licensing. 2021) (summary judgment). Inline Plastics Corp.

Invention 57

Invention Copying Licensing Art 57

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

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

LexBlog IP

FEBRUARY 28, 2022

2] Since we last discussed that decision on this blog in June 2021, [3] the Second Circuit reconsidered it following a subsequent landmark Supreme Court decision addressing fair use ( Google LLC v. On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. 1183 (2021).

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

SEPTEMBER 8, 2021

2021 WL 1321653, No. 22, 2021) The parties compete in the market for nutritional supplements. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. There was also a genuine dispute about copying. Orgain, Inc.

Copying 82

Copying Marketing Marketing Social Media 82

Above the Fold

JANUARY 31, 2023

As anyone even tangentially familiar with advertising and marketing knows, the importance of labels on products cannot be overstated. Court documents allege between 2014 and 2021, Wolf grew grains using chemical fertilizers and pesticides, violating organic standards. The label on a product grabs the attention of the consumer.

Advertising 52

Advertising Advertising Branding Brands 52

The TTABlog

JUNE 5, 2023

Applicant's "test mode" website indicated that it would be marketing itself as “the pet drink specialist” and it asserted that "Pet C Cola is the nutritional and super tasty drink for dogs and cats." and is strong evidence of Applicant’s intent to copy and create an association with Opposer’s mark." PepsiCo, Inc.

Branding 52

Branding Brands Branding Advertising 52

43(B)log

AUGUST 26, 2021

2021 WL 1253803, No. 5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Simpson Strong-Tie Company Inc. 20-cv-06957-VKD (N.D.

Designs 63

Designs Design Copying Copyright Infringement 63

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

MARCH 7, 2022

In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. ” Additionally, despite the platform’s proclamation that it will take down videos containing copyright infringing videos, of the 81 million videos TikTok removed in the second quarter of 2021, fewer than 0.5%

Copyright 52

Copyright Social Media Music Copyright Infringement 52

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. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” 1648, 1659–60 (2021). citations omitted) X Corp. LinkedIn Corp. ,

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

43(B)log

OCTOBER 8, 2021

23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.” The toy could not perform as advertised in the commercial.

Advertising 57

Advertising Advertising Social Media Licensing 57

LexBlog IP

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc.

Trademark 52

Trademark Advertising Advertising Copying 52

TorrentFreak

MAY 18, 2022

The service was marketed and sold to users via these domains and through social media platforms. The complaint states that around September 24, 2021, the defendants were notified that their service violates federal laws and told to cease and desist. PrimeStreams Ignored Warning.

Cease and Desist 129

Cease and Desist Social Media Branding Brands 129

The TTABlog

JUNE 10, 2021

In re GJ & AM, LLC , 2021 USPQ2d 617 (TTAB 2021) [precedential] (Opinion by Judge Marc A. The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. Welch 2021. The Board was not impressed. Text Copyright John L.

Advertising 52

Advertising Advertising Social Media Marketing 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. 2021 WL 5893161 (S.D. Paul Rudolph Heritage Foundation, 2021 WL 4482608 (S.D.N.Y. Case Citation : Alper Automotive, Inc.

Registration 113

Registration Fair Use Copyright Designs 113

LexBlog IP

JANUARY 31, 2023

” As anyone even tangentially familiar with advertising and marketing knows, the importance of labels on products cannot be overstated. Court documents allege between 2014 and 2021, Wolf grew grains using chemical fertilizers and pesticides, violating organic standards.

Reporting 52

Reporting Business Advertising Advertising 52

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.

Marketing 57

Marketing Marketing Trademark Branding 57

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. The Federal Court’s decision in Kaira District Co-operative Milk Producers’ Union Limited v.

False Advertising 40

False Advertising Social Media Trademark Branding 40

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.

Trademark 87

Trademark Branding Brands Branding 87

43(B)log

SEPTEMBER 21, 2021

2021 NY Slip Op 03485, N.E.3d 3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 3d - 37 N.Y.3d

Editing 44

Editing Contracts Copying Law 44