43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects. They didn’t advertise any alternative or promote a specific product.

Advertising 59

Advertising Advertising Social Media False Advertising 59

TorrentFreak

APRIL 11, 2024

The debate over whether copyright infringement cannibalizes legitimate media consumption has been dragging on for several decades now. The issue has been researched extensively with both positive and negative effects being reported, varying based on the type of content and the ‘piracy’ source, among other variables.

Social Media 104

Social Media Copyright Infringement Television Journalism 104

TorrentFreak

JUNE 15, 2023

Many of the large social media platforms stick to these rules, but according to a lawsuit filed this week by several prominent music companies, Twitter is not among them. This activity generates many millions of views which are monetized by the social media platform, while rightsholders are not compensated.

Copyright Infringement 127

Copyright Infringement Music Copyright Social Media 127

TorrentFreak

OCTOBER 31, 2022

This growth is facilitated by users who openly advertise the site on social media, TikTok included. While the Authors Guild doesn’t recommend branding the platform as a notorious market, the social media platform responded to these and other rightsholder complaints in a letter to the USTR. TikTok Responds.

Social Media 135

Social Media Publishing Intellectual Property Marketing 135

TorrentFreak

APRIL 7, 2024

Fingerprint, Find, and Report New York-based tech company WebKyte recognizes the potential and has developed a technology that might be able to fill the gap one day. However, they all aim to operate legally and, if rightsholders report pirated content, the platforms will take it down. Whether it missed any links is unknown, of course.

Copying 87

Copying Copyright Infringement Fair Use Social Media 87

TorrentFreak

MAY 2, 2022

Around the middle of April, posts on social media sites popular in Russia (VK, Telegram) suggested that cinemas in several regions would begin screening big Hollywood movies, including ones that should not be available. The pirated copy – complete with Russian dubbing – was downloaded from an unnamed torrent site.

Cinema 142

Cinema Social Media Business Copying 142

TorrentFreak

AUGUST 5, 2024

Pirates are well known for their ability to obtain and copy content, but before the streaming boom, distribution was mostly the work of consumers, via P2P networks like BitTorrent. Targeting Opponents’ Strengths The first relates to the chosen arena.

Social Media 87

Social Media Copyright Reporting Law 87

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. In November 2023, X corp. Recently, Bright Data had its motion to dismiss granted against X Corp. on all counts. Bright Data Ltd. ,

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

TorrentFreak

MARCH 4, 2024

The proposed injunction also mentions hosting services, search engines, proxy services, CDNs, donation platforms, browser extensions, social media, payment providers, and advertising services, among others. LibGen launched around 2008 as a digital version of the same concept. based registrars or registries.

Publishing 93

Publishing Social Media Copyright Infringement Copyright 93

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 94

Blogging Social Media Television Fair Use 94

The IPKat

JUNE 13, 2022

Despite the hype, it is a niche market, and purchasers are just as often speculative investors as they are fans or collectors. Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

DECEMBER 11, 2021

As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. Section 230. ” (Tautology alert). FWIW, I raised this issue as a possible paper topic in 2008.

Advertising 93

Advertising Advertising Social Media Blogging 93

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” And their expert report was not good. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

IPilogue

JANUARY 11, 2023

The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

Social Media 98

Social Media Law Blogging Publishing 98

Intellectual Property Office Blog

JULY 29, 2021

As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. A huge chunk of Molly Mae’s success comes from social media channel Instagram, where she is reported to charge over £10,000 for each sponsored post. million viewers back in 2020.

IP 85

IP Branding Brands Branding 85

43(B)log

OCTOBER 8, 2021

image from complaint EK toy and comparison to EK EK Daredevil Stunt Set 70s TV ad (I love that the plaintiffs grabbed it off social media) Toy Story 4 featured a new character, Duke Caboom, who rides a Canadian-flag-colored motorcycle and dresses in a white jumpsuit, helmet, and cape with Canadian insignia.

Advertising 59

Advertising Advertising Social Media Licensing 59

Copyright Lately

SEPTEMBER 12, 2022

Likewise, news outlets that licensed the photo from Vila should be within their rights to use the picture to report on Shayk’s comings and goings and to comment on her fashion choices without violating Deadly Doll’s copyright in the drawing that happened to be printed on the sweat pants she wore that day. 17 U.S.C. §

Copyright 95

Copyright Derivative Work Artwork Fair Use 95

Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. It isn’t human-readable and does not contain copies of any audio recordings. year over year to $2.71

Music 84

Music Copyright Copying Copyright Law 84

TorrentFreak

FEBRUARY 15, 2022

When sales are replaced by pirated copies, authors earn a lot less. It has removed billions of reported infringing links and since 2012 has been downranking pirate sites, something that hit torrent portals particularly hard. “Book authors earn their incomes from legitimate sales of their books, as a percentage of each sale.

Social Media 101

Social Media Publishing Copyright Law Copyright 101

The IPKat

MARCH 26, 2024

All Tesco had copied was the visual concept. Tesco also advanced grounds of appeal challenging the High Court's conclusions on detriment, unfair advantage and due cause in respect of the trade mark infringement claim, and against the finding of copyright infringement. The Court therefore found that they had not infringed copyright.

Copyright 57

Copyright Copyright Infringement Copying Social Media 57

IP and Legal Filings

NOVEMBER 8, 2021

According to a report titled ‘The Contemporary Art Rush’ by Artprice.com, it is argued that since the start of the 21 st century, the global art space has significantly changed. Digital platforms have made it increasingly easy to disseminate unauthorized copies of art works that are copyright protected. ” Peter Pan Fabrics, Inc.

Art 78

Art Artwork Television Copyright Infringement 78

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

APRIL 19, 2022

In addition, social media intermediaries must appoint a Chief Compliance Officer in accordance with the Act and IT Rules. They must submit a monthly compliance report detailing all facts and measures taken to resolve the issues. The complainant is the sole Copyright owner of the work, according to the details.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

IIPRD

FEBRUARY 27, 2021

All copies are made from this recording. She uses social media to create her band, to market her music, and even to fight against online music streaming. Swift is really no different than McDonald’s save for the fact that her ads tend to be more pleasant than those of traditional advertisers. A Conglomerate.

Music 40

Music Branding Brands Branding 40

43(B)log

FEBRUARY 18, 2022

But Consumer Reports and other forced reports have a bell curve distribution. Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. Firms don’t just sit back and let consumers form reputations.

Copyright 69

Copyright Business Branding Brands 69

SpicyIP

NOVEMBER 26, 2023

to place a fresh status report on the whereabouts of the defendants- Mr. Pritamdas Arora and his wife Ms. The court further directed that this order should be made available on the online portal of the Registry and in case it is not uploaded, a copy should still be shared upon request by an email. Ritika Arora. Eicore Technologies Pvt.

Trademark 59

Trademark Registration Invention Social Media 59

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. Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v.

Registration 114

Registration Fair Use Copyright Designs 114

43(B)log

JANUARY 18, 2022

At least some stumps shown in social media posts tagged “hammerschlagen” are not WRB stumps. Its advertising is in orange with block letters and a drawing of a hammer. WRB’s word mark registration states that “the English translation of ‘hammer-schlagen’. E.g., “It’s called hammerschlagen where I have played it.

Registration 45

Registration Ownership Social Media Marketing 45

TorrentFreak

DECEMBER 7, 2023

Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier. But that’s only the beginning.

Business 94

Business Reporting Social Media Copyright 94

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Copyright 45

IP and Legal Filings

JANUARY 22, 2023

According to reports, the company was established in 1887 under the name Raleigh Cycle Co. The Plaintiff’s website, www.raleigh.co.uk, which was registered in 1998, as well as different social media platforms like Facebook, Telegram, LinkedIn, Twitter, YouTube, etc., are used to publicise the same.

Trademark 79

Trademark Registering Trademarks Social Media Business 79

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.” Downloads declined after a 2015 peak. Significantly favored Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. The studio settled quietly out of court, so there’s no reported decision in this one. You can judge for yourself by downloading a copy of “Jap Herron” here. McDonald’s Corp.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

AUGUST 11, 2022

Easiest way to make money was to make a film likely to succeed, and copying a successful foreign plot was a good way to do so. But there weren’t reported lawsuits against Bollywood films. Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful.

IP 72

IP Copying Marketing Marketing 72

43(B)log

FEBRUARY 18, 2022

Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games. Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. Accolade, Sony v.

Fair Use 59

Fair Use Contracts Litigation Copying 59