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.

Fair Use 120

Fair Use Social Media Copyright Copyright Infringement 120

TorrentFreak

NOVEMBER 8, 2024

The IWL is a component of Operation Creative, a multi-agency initiative led by PIPCU at City of London Police, with support from partners across the creative and advertising industries. The process began late 2023 with a soft market testing exercise followed by the publication of the listing above mid-April 2024.

Advertising 88

Advertising Advertising Intellectual Property Social Media 88

The IPKat

JULY 12, 2024

The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Brat green: from the streets of NYC to the domination of social media and then to the catwalks (?) You don’t even know what ‘brat’ means? Read on then!

Social Media 67

Social Media IP Branding Brands 67

Technology & Marketing Law Blog

JULY 25, 2024

98, 107 (2017) for the passage that social media has become the “modern public square.” — Justice Alito writes that “research suggests that social media are having a devastating effect on many young people, leading to depression, isolation, bullying, and intense pressure to endorse the trend or cause of the day.” .

Social Media 52

Social Media Blogging Advertising Advertising 52

The TTABlog

JUNE 5, 2024

91286066 (May 21, 2024) [not precedential] (Opinion by Judge Jennifer L. Nike's evidence established ues of the JUST DO IT mark since 2018, with staggering sales figures and advertising expenditures, substantial interactions on social media, and frequent unsolicited media attention. Welch 2024.

Social Media 76

Social Media Advertising Advertising Blogging 76

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

Advertising 64

Advertising Advertising Settlement Contracts 64

SpicyIP

AUGUST 4, 2024

Highlights of the Week Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Read on below for the comments on the draft Rules by Rishabh Deshpande, Praharsh Gour, and Swaraj Barooah. Anything we are missing out on?

Social Media 90

Social Media Trademark Licensing Music 90

43(B)log

JULY 25, 2024

Venkateswaran, 2024 WL 3487735, No. Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Portkey Tech. 23-CV-5074 (JPO) (S.D.N.Y. This is a joke, but that doesn’t mean it won’t happen.)

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

The TTABlog

OCTOBER 2, 2024

97325462 (September 26, 2024) [not precedential] (Opinion by Judge Robert Lavache). Applicant pointed to its use of the mark for at least five years, website photos, social media posts, photographs of attorneys wearing the pin, and several other items. Welch 2024. In re Erik M. Pelton & Associates, PLLC , Serial No.

Service Mark 73

Service Mark Social Media Intellectual Property Law Intellectual Property 73

IP and Legal Filings

NOVEMBER 23, 2024

Technologies that are reshaping the trademark protection landscape include, [Image Sources: Shutterstock] AI and Machine Learning [6] , via monitory trademarks AI systems, can handle large volumes of websites, social media, and any e-commerce site to detect infringement of their trademarks. html> accessed 21 November 2024. [8]

Branding 52

Branding Brands Branding Technology 52

BYU Copyright Blog

JUNE 3, 2024

Logo,Pictorial Works,Work for Hire,University June 03, 11:35 AM June 03, 11:35 AM On May 15, 2024, Sophia Boyages (Plaintiff or Ms. Boyages presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands. Copyright Copycat? According to Ms.

Copyright 52

Copyright Art Social Media Design 52

The TTABlog

APRIL 24, 2024

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. The evidence submitted by Examining Attorney Robert Guliano "overwhelmingly" showed that Fumari and the media refer "descriptively to SPICED CHAI as one of Applicant’s tobacco flavors." Welch 2024. In re Fumari, Inc. Casagrande). TTABlogger comment: WYHA?

Social Media 62

Social Media Advertising Advertising Registration 62

SpicyIP

JULY 22, 2024

Case Summaries Hasmukhrai And Co vs Registrar of Trade Marks on 24 June, 2024 (Bombay High Court) The appellant filed an appeal against the impugned order, alleging the same to be cryptic. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Nexus Solar Energy Pvt.

Registering Trademarks 78

Registering Trademarks Licensing Trademark Advertising 78

TorrentFreak

SEPTEMBER 10, 2024

Previously known as Litnics, Sky recorded a total of 284,454 unique ‘infringing incidents’ between January 1, 2024, and July 29, 2024. Facebook Marketplace & Google Sky’s criticism of Facebook Marketplace contains some remarkable data for the six-month period between February and July 2024.

Social Media 98

Social Media Reporting Business Copyright 98

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. Welch 2024.

Branding 44

Branding Brands Branding Social Media 44

43(B)log

JUNE 27, 2024

21 st Century Spirits, LLC, 2024 WL 3161625, No. 25, 2024) 21 st Century sells Blue Ice Vodka and uses influencers to promote it. is not an endorsement or advertisement within the meaning of Section 255.5 [of Anyway, the FTC considers “testimonials” interchangeable with endorsements, meaning “any advertising message.

Advertising 64

Advertising Advertising Social Media Law 64

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Morlos also provided large complimentary promotional posters for the school to advertise with.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

43(B)log

FEBRUARY 26, 2024

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D.

Advertising 59

Advertising Advertising False Advertising Marketing 59

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. May 9, 2024). Center for Countering Digital Hate, 2024 WL 1246318, at 1 (N.D. March 25, 2024). Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

Blogging 108

Blogging Contracts Cease and Desist Social Media 108

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. It has advertised at gaming conventions and via social media, Google Ads, and social influencers. Three Frog has policed the mark and has received unsolicited media coverage. Welch 2024. Taylor Jr. Text Copyright John L.

Design 57

Design Designs Social Media Registration 57

Technology & Marketing Law Blog

JUNE 4, 2024

I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). Google LLC , 2024 WL 2809371 (Cal. It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m

Contracts 90

Contracts Design Designs Publishing 90

Garrigues Blog

JULY 15, 2024

It is no longer confined to museum walls or catalog pages, we have become used to seeing classic canvases in advertising campaigns, on t-shirts and merchandising products, or parodied in memes on social media. Art is present in every facet of our lives.

Public Domain 52

Public Domain Art Advertising Advertising 52

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. Text of Solid 21 v Breitling, 22-366 (2d Cir March 14, 2024). From the decision: “Left untouched, pure gold is yellow.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

Social Media 59

Social Media Marketing Marketing Designs 59

Kluwer Copyright Blog

JULY 24, 2024

While study of social media and online platform private ordering is a very well-established way to find out how providers deal with copyright, data protection and consumer protection, studies of generative AI T&C have been slower to get going. As of February 2024, EU online platforms (not just very large ones or “VLOPs”!)

Copyright 130

Copyright Ownership Social Media Licensing 130

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof.

Trademark 45

Trademark Advertising Advertising Copyright 45

TorrentFreak

MARCH 4, 2024

“Cloudflare did not disable the gateway URLs in Plaintiffs’ notice, prompting Plaintiffs to send additional notices in September 2023 and January 2024, on which Cloudflare still has not acted, resulting in Libgen users’ continued ability to access the infringing URLs,” the publishers write.

Publishing 109

Publishing Social Media Copyright Infringement Copyright 109

LexBlog IP

JANUARY 25, 2023

Member States will have to designate competent authorities – Digital Services Coordinators – by 17th February 2024, an independent authority who will be responsible for supervising the providers based in their Member State and to participate in the EU cooperation mechanism of the DSA.

Social Media 52

Social Media Advertising Advertising Reporting 52

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, why aren’t Disney concerned? Steamboat Willie, released in 1928, was the first story to feature beloved Disney character Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

SpicyIP

NOVEMBER 19, 2023

VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue. The last date for submissions is January 7, 2024. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y. This opinion deals with various Daubert motions, allowing at least some of the testimony of eight challenged experts in.

False Advertising 69

False Advertising Branding Brands Branding 69

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 99

Litigation Contracts Advertising Advertising 99

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT hasn’t done much marketing, and the fact that both parties advertise online, including in the App Store and search engines, was “unremarkable under the precedent.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Registration 59

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Florida Virtual School v. statements as evidence of confusion.

Branding 59

Branding Brands Branding Marketing 59

SpicyIP

JUNE 13, 2024

The notion that consumers will always cross-check brands before purchasing a product is an idealistic view that does not account for impulse buying behaviour and the influence of first impressions in a market governed by reduced attention spans and misleading advertising.

Branding 56

Branding Brands Branding Marketing 56

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. A misstep in the metaverse is likely to have instantaneous negative effects for the company, just like it does on social media right now.

Trademark 97

Trademark Non-Fungible Tokens Branding Brands 97