IP and Legal Filings

JANUARY 13, 2023

Copyright infringement and De Minimis are often replaced to complement each other. However, de minimis is sometimes used as a defence in a copyright lawsuit. More often than not, the lawsuits filed for copyright infringement are cases of de minimis and thereto, get dismissed on the anvil of frivolity. INTRODUCTION.

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Copyright Infringement Copyright Copyright Law Journalism 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. Hoffmann Air Conditioning and Heating, LLC, 2023 WL 2681994 (E.D. March 29, 2023).

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IP Advertising Advertising Copyright 69

TorrentFreak

OCTOBER 31, 2024

Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music. The belief that somehow everything is free on the internet was widespread in the late 1990s.

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Fair Use Social Media Copyright Copyright Infringement 79

TorrentFreak

OCTOBER 28, 2024

Often subject to intense planning and strict media embargoes, we simply stumbled across the live campaign website early October 2023. The main campaign video (above) was uploaded to YouTube on September 12, 2023, and when we spotted it early October, it had already been viewed 484,000 times. What Happens to the Data?

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Intellectual Property Reporting Social Media Publishing 79

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” The court found copyright infringement adequately pled as to several figures, although substantial similarity was a “close issue.” Roblox Corp. 22-cv-04476-SI (N.D.

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Copying False Advertising Social Media Advertising 94

TorrentFreak

FEBRUARY 20, 2024

After this initial disclosure in March last year, no new information surfaced in 2023. However, a recent court filing shows that the movie companies, including Voltage Holdings and Millennium Media, actively tried to track down the commenter. The IP address handed over by Reddit was linked to a T-Mobile account. 1, 2017 to present.

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Social Media IP Copyright Infringement Copying 105

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Ltd vs Poi Social Media Pvt. Humans Of Bombay Stories Pvt.

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Cease and Desist Copyright Infringement Invention Social Media 94

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Fifteen minutes of fame, meet permanent ink. A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

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Fair Use Social Media Licensing Marketing 88

TorrentFreak

DECEMBER 21, 2022

The court allowed the gaming company to conduct broad discovery against a number of services, including internet service providers, payment providers, and social media websites, to help put more meat on the bones. With the extension granted, the defendants must now respond on or before January 13, 2023.

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Social Media Contracts Copyright Infringement Copyright 124

Copyright Lately

OCTOBER 20, 2024

Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. The court denied summary judgment on American’s trademark infringement and unfair competition claims, citing unresolved factual issues. It sought $94.4

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Copyright Fair Use Social Media Trademark 78

BYU Copyright Blog

JUNE 3, 2024

Boyages) filed a Complaint against the University of Vermont and the State Agricultural College (Defendants or the University) alleging copyright infringement under 17 U.S.C. They allegedly copied, reproduced, displayed, and published it on social media, clothing, sports equipment, and wall signage in the Universitys facilities.

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Copyright Art Social Media Design 52

TorrentFreak

JULY 12, 2023

PornEZ Doing Business in the United States On January 18, 2023, MG Premium, the adult entertainment giant behind brands including Reality Kings, Brazzers, MOFOS, Babes.com, and Twistys, filed a copyright complaint at a California federal court. social media platforms did so via U.S.-based Building on the site’s U.S.

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Social Media Copyright Infringement Copyright Business 75

LexBlog IP

JUNE 26, 2023

By 2016, JSC had created a well-known market for its high-end furniture—JSC had received awards for its furniture, pieces were highlighted in magazines and on social media, and pieces were regularly featured at furniture trade shows. JSC filed suit for copyright infringement, trade dress infringement, and unfair competition.

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Copying Social Media Design Designs 52

SpicyIP

AUGUST 7, 2023

Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Praharsh discussed an interesting development in Karnataka where a Court granted an interim injunction to a law student against 2 law assistant professors, on copyright infringement claims.

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Copyright Infringement Trademark Law Copyright 88

TorrentFreak

MARCH 4, 2024

LibGen Hoping for a better outcome, textbook publishers Cengage, Bedford, Macmillan Learning, McGraw Hill, and Pearson Education filed a similar copyright infringement lawsuit against LibGen last year. According to the plaintiffs, LibGen is responsible for “staggering” levels of copyright infringement.

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Publishing Social Media Copyright Infringement Copyright 102

Technology & Marketing Law Blog

JANUARY 25, 2023

The media entities republished 20 photos he uploaded to Facebook and IMDB and misattributed the photo credits. After he was released from jail, he got copyright registrations for the photos and sued (pro se) the media entities for copyright infringement, 1202 violations, and more. 2023 WL 266511 (N.D.

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Copyright Fair Use Licensing Ownership 124

SpicyIP

OCTOBER 9, 2023

People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. Other Posts Comments from Other Bodies/ Organizations on the Draft Patent (Amendment) Rules, 2023 Comments from Other Entities on the Draft Patent (Amendment) Rules, 2023! vs T.I.M.E.

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Social Media IP Government Copyright 59

TorrentFreak

MAY 12, 2024

Following a rightsholder complaint about copyright infringement taking place on Telegram, a judge in Spain issued a controversial order for ISPs to block Telegram in its entirety , across the whole country. In May 2023, progress appeared to be going in the wrong direction. Telegram in particular has received mounting criticism.

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Reporting Government Social Media Copyright 96

TorrentFreak

NOVEMBER 28, 2023

The results of the fifth wave of Operation 404 were released in March 2023 ; around 200 illegal streaming and gaming sites, 128 domains and 63 music apps were reported blocked, with raids on locations across Brazil leading to 11 arrests. How many of the affected domains are currently redirecting to the latest seizure banner is unclear.

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Intellectual Property Music Reporting Social Media 106

TorrentFreak

JULY 9, 2023

When disappearing down the rabbit hole recently, an accidental turn led to the freelancer site Kwork where it’s possible to hire someone to send DMCA notices to have content removed from Google, Bing, and social media platforms like Twitter and Facebook. To earn £100K, the average Pakistani would need to work for 37 years.

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Social Media Copyright Copyright Infringement Privacy 118

TorrentFreak

MAY 6, 2024

More recently, a strategy that has been seen only a handful of times before, has been playing out on social media. In Kakao’s latest report covering June to December 2023 ( pdf ) , the company said its anti-piracy team had removed over 7.4 million pieces of pirated content and over 201 million links to pirated content. .

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Reporting Social Media Publishing Editing 106

Kluwer Copyright Blog

OCTOBER 3, 2023

To create its product, Clearview scraped billions of publicly available photos from websites and social media platforms. The plaintiffs argue that such conduct would replicate that of Clearview. Clearview created AI products using facial recognition technology.

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Fair Use Privacy Copyright Technology 132

Technology & Marketing Law Blog

JUNE 27, 2023

The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Morford’s work had been displayed on social media, including YouTube, Facebook, and BlogSpot. Now we’re more even more sure that we didn’t violate copyright law with this marketing. Cattelan , 2023 U.S.

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Copyright Artwork Copying Social Media 87

43(B)log

DECEMBER 7, 2023

LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D. 23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. McCandless Group, LLC v. COY Collective, Inc.,

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Web Development Social Media Copying Copyright 59

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. 1258 (2023) weighed in favor of Netflix.

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Fair Use Cease and Desist Social Media Art 62

SpicyIP

NOVEMBER 26, 2023

Emerald Enterprises vs Emerald Valves Private Limited on 21 November, 2023 (Delhi High Court) The Delhi High Court passed an ex-parte at interim injunction order restraining the defendants from using the mark “Emerald” for valves holding it to be deceptively similar to the plaintiff’s registered “Emerald” mark. Universal City Studios Llc. &

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Trademark Registration Invention Social Media 59

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

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Fair Use Art Licensing Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 25, 2023

Perhaps it comes as no surprise that a copyright dispute regarding a fire- breathing – sneezing dragon would get so heated. Nevertheless, shortly before Christmas 2021, Ms Evans commenced proceedings against John Lewis and adam&eve alleging copyright infringement. It said this showed it had not copied the book.

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Copyright Copying Copyright Infringement Social Media 52

SpicyIP

JULY 23, 2023

Case Summaries Delhi High Court grants a permanent injunction to Allied Blenders in a trademark infringement case concerning ‘Officers Choice’ Image from here Allied Blenders and Distillers Pvt. vs Zenith Dancing and Musi c on 18 July, 2023 (Delhi High Court) The dispute pertained to the use of “Zenith” device mark by the defendant.

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Trademark IP Higher Education Moral Rights 79

SpicyIP

DECEMBER 20, 2023

We stand on the cusp of bidding farewell to 2023 with just 10 days remaining! So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases.

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Personality Rights IP Licensing Copyright 59

LexBlog IP

FEBRUARY 26, 2024

Or, at least, remind them that a minimum of diversification will often suffice to provide the garment with different details and hence render it therefore original and free of copyright infringement. Was it a tribute to Alexander McQueen or copyright infringement?

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IP Design Designs Copying 52

LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v.

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Fair Use Cease and Desist Social Media Art 52

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., 22-CV-0097-CVE-JFJ (N.D.

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LexBlog IP

OCTOBER 25, 2023

The question then arises as to whether the fiction writer alone owns the copyright to work drawn in whole or part from another’s writings or experience. Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright.

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Copyright Social Media Plagiarism Fair Use 52

The IPKat

NOVEMBER 27, 2023

Industrial Cleaning Equipment v Intelligent Cleaning Equipment [2023] EWHC 411 (IPEC) (February 2023) The case title might suggest this is a battle between two highly descriptive marks (ala Office Cleaning), but in fact both of these floor cleaning equipment companies had adopted the abbreviation ICE. ICE, ICE, acquiescence maybe?

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Editing Registration Branding Brands 67

Copyright Lately

JUNE 15, 2023

Bad Bunny is hoping he’s hare today, gone tomorrow from a massive copyright infringement lawsuit that reads more like a list of nominees for the Latin Grammy Awards than a legal caption. You can leave comments below or at @copyrightlately on social media. While Central District of California Judge André Birotte Jr.

Music 83

Music Marketing Marketing Copyright 83

Kluwer Copyright Blog

FEBRUARY 2, 2023

It ramped up further in the first weeks of 2023 with a UK action by Getty Images against Stability AI and a class action against Stability AI and others in the US. A journalist used Midjourney to illustrate an article in The Atlantic and was attacked on social media for not hiring an illustrator.

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