Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

Editing 90

Editing Social Media Blogging Advertising 90

The IPKat

JUNE 21, 2022

Anselm Kamperman Sanders and Anke Moerland, 2021), the latest publication within EIPIN series of Edward Elgar. In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches.

Intellectual Property 123

Intellectual Property Invention Social Media IP 123

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 82

Social Media Contracts Ownership Business 82

Intellectual Property Office Blog

OCTOBER 26, 2021

As 2021 seems more hopeful than the last year, I’m sure many will be digging out that vampire or zombie costume from the back of the wardrobe for a Halloween party. A license to sell. Counterfeit sellers target seasonal events to list their products in markets, on online marketplaces and promote their products on social media.

Intellectual Property 83

Intellectual Property Licensing Social Media Branding 83

43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.”

Copying 64

Copying False Advertising Social Media Advertising 64

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” But Mandabach waited until November 2020 to sue and moved for a preliminary injunction only in March 2021.

Social Media 93

Social Media Television False Advertising Artistic Work 93

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

The plaintiffs gave Instagram a license to display the photos. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Update: I got this cleared up. The complaint.

Copyright 118

Copyright Copyright Infringement Social Media Licensing 118

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. Breyer focused on a lesser-known passage from the 2021 Van Buren Supreme Court opinion to dismiss Twitter’s CFAA claim. 1648, 1659–60 (2021). In November 2023, X corp. Recently, Bright Data had its motion to dismiss granted against X Corp.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

Technology & Marketing Law Blog

JANUARY 3, 2023

Moreover, reproductions of a social media post are clearly used for the purposes of reporting on the post where, as here, the reproductions include the accompanying elements of the social media application, such as the frame of the Instagram application and standard Instagram hyperlinks. . Verizon Media, Inc.,

Copyright 95

Copyright Social Media Copyright Infringement Publishing 95

Kluwer Copyright Blog

NOVEMBER 4, 2021

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. Social media (aka Facebook) were not a part of the conversation.

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Social Media Publishing Art Copying 141

Technology & Marketing Law Blog

JUNE 7, 2022

2021 WL 3046775 (C.D. June 24, 2021). ” * In re Robertelli, 2021 WL 4270216 (N.J. 21, 2021): When represented Facebook users fix their privacy settings to restrict information to “friends,” lawyers cannot attempt to communicate with them to gain access to that information, without the consent of the user’s counsel.

Privacy 100

Privacy Social Media Litigation Business 100

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? They discuss the best potential route for a compulsory license under the Indian Patents Act, and the ways in which the government can make the best use of it. 6 August, 2021]. 9 August, 2021]. 9 August, 2021]. 10 August, 2021]. 9 August, 2021].

Licensing 83

Licensing Government Reporting Patent Law 83

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. YouTube appeared first on Technology & Marketing Law Blog. Google LLC , 2024 WL 2809371 (Cal.

Contracts 77

Contracts Designs Design False Advertising 77

Technology & Marketing Law Blog

FEBRUARY 27, 2022

This strategy is similar to the strategy employed by hidden-city flight broker Skiplagged in its dispute with Southwest Airlines in 2021. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts. Power Ventures, Inc. Facebook v.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

SpicyIP

JULY 5, 2021

He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. In this post , we informed our readers about a free online course on intellectual property starting on 1st July 2021. July 2, 2021]. June 30, 2021]. June 29, 2021].

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Intellectual Property Trademark Licensing Copyright 105

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. 2021); McGucken v. Surely paid licensing should not have to work on an all-or-nothing basis. See Nicklen v.

Blogging 96

Blogging Copying Social Media Copyright 96

TorrentFreak

OCTOBER 5, 2021

According to DISH, the pirate provider had not obtained a license to transmit any of DISH’s 400 channels in the United States, neither did it have permission to distribute copyrighted works for shows for which the company owns the copyrights. The answer to that question was ultimately negative.

Copyright Infringement 115

Copyright Infringement Copyright Cease and Desist Social Media 115

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

JULY 29, 2023

Paul Davis is a lawyer and a self-described “ J6er ,” i.e., a participant in the January 6, 2021 U.S. The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Capitol insurrection.

Social Media 76

Social Media Contracts Law Litigation 76

IP and Legal Filings

AUGUST 4, 2022

In 2021, the global travel and tourism sector contributed over 5.8 With the rise in the popularity of social media and networking, copyright becomes particularly relevant. The players in the tourism industry have started relying on social media and other digital platforms to promote and advertise their goods and services.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Social Media 80

43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. Exotic Island Enterprises, Inc., The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Copyright Lately

AUGUST 2, 2022

Produced by Shonda Rhimes’ Shondaland and based on the novels by Julia Quinn, Bridgerton was seen by a then-record 82 million households when the first season premiered on Netflix in early 2021. Fast forward to September 2021 when “The Unofficial Bridgerton Musical” became the top album on iTunes’ U.S.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2021 WL 5893161 (S.D. assertions.

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Registration Fair Use Copyright Designs 113

Kluwer Copyright Blog

FEBRUARY 2, 2023

In 2021, OpenAI’s Dall·E was able to create images in response to text prompts, including those combining unrelated concepts (such as “a snail made of harp”), but the results were merely competent in artistic terms. Generative AI Computer-generated art reached a tipping point in 2022.

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Copyright Art Fair Use Registration 145

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.” K & K Prods., Walt Disney Studios Motion Pictures, No.

Advertising 59

Advertising Advertising Social Media Licensing 59

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” BrandTotal has not cited any substantive, codified provision of the CPRA that prevents Meta from enforcing section 3.2.3,

Contracts 106

Contracts Privacy Social Media Advertising 106

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. ChatGPT has only been trained on pre-2021 data, before the proliferation of Diversity, Equity, and Inclusion (DEI) programs (an observation and not a judgment).

Business 52

Business Law Social Media Reporting 52

Technology & Marketing Law Blog

DECEMBER 12, 2021

Armslist LLC , 2021 WL 5206580 (E.D. In that sense, this case is like the “material support for terrorists” cases against social media services, which have failed on a wide variety of grounds beyond Section 230. Armslist, LLC , 2021 WL 5416017 (E.D. The husband bought the murder weapon on Armslist.

Copyright Infringement 117

Copyright Infringement Publishing Designs Design 117

43(B)log

OCTOBER 25, 2021

2021 WL 4843905, NO. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore. For one thing, the only reason the Rogers court even contemplated liability for noncommercial speech was the special marketing role played by titles in particular.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

Technology & Marketing Law Blog

AUGUST 21, 2023

That topic is expressly at issue in the FLA and TX social media censorship cases). As I wrote about this case in 2021: the plaintiffs claim that YouTube engaged in race-based discriminatory content moderation, but there’s no way for plaintiffs to prove this because there’s no baseline of what “unbiased” content moderation looks like.

Contracts 87

Contracts Social Media Blogging Law 87

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.

Branding 52

Branding Brands Branding Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Comptroller , No.

Privacy 100

Privacy Marketing Marketing Social Media 100

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. ” ChatGPT has only been trained on pre-2021 data, before the proliferation of Diversity, Equity, and Inclusion (DEI) programs (an observation and not a judgment).

Business 52

Business Law Reporting Music 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

While arguments exist that infringement of trademarks in connection with virtual goods and services should be covered by the “natural zone of expansion” doctrine, best practice would be to file applications for important brands for virtual versions of the brand’s goods or services and to ensure enforcement efforts cover this new market.

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Non-Fungible Tokens Intellectual Property Trademark Branding 40