43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

TorrentFreak

AUGUST 29, 2024

In a lawsuit filed at a New York federal court in June, leading textbook publishers including Cengage Learning, Macmillan Learning, Elsevier and McGraw Hill, accused Google of profiting from sales of infringing copies of their textbooks. ” The letter reveals that the parties have not yet engaged in settlement discussions.

Copyright Infringement 93

Copyright Infringement Advertising Advertising Publishing 93

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.

Advertising 96

Advertising Advertising False Advertising Trademark 96

43(B)log

AUGUST 22, 2022

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’”

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

TorrentFreak

AUGUST 1, 2022

The company was accused of advertising on torrent sites such as YTS and billing itself as a “Porcorn Time VPN.” This far-reaching measure appears to have paid off as both parties have just informed the Virginia federal court that a settlement has been reached. Settlement With Blocking Requirements. No Logging!

Settlement 140

Settlement Confidentiality IP Advertising 140

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

TorrentFreak

JUNE 7, 2024

BREIN also kept a close eye on advertisements for pirate services and other illegal offerings. A total of 3,739 advertisements were flagged and reported, a figure that has been relatively stable over the years. For example, BREIN also completed 41 settlement agreements, mostly with site operators or uploaders.

Reporting 105

Reporting Settlement Advertising Advertising 105

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 92

Trademark Advertising Advertising False Advertising 92

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising. Keyword Ads. Proximity of goods.

Trademark 111

Trademark Advertising Advertising Blogging 111

TorrentFreak

DECEMBER 3, 2023

The case initially seemed set for a quick settlement, but the parties failed to reach an agreement. However, the court denied these motions, as there is no hard evidence that any game code was copied. Defendants did not have access to the software Bungie accuses them of copying,” defendants note in a pretrial statement.

Copyright Infringement 111

Copyright Infringement Copyright Copying Settlement 111

TorrentFreak

JANUARY 11, 2022

Initially, the parties entered settlement discussions. According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. The cheat software itself certainly isn’t a copy of Bungie’s work, they add. . Copyright Questions.

Copyright 139

Copyright Law Copying Copyright Infringement 139

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

TorrentFreak

NOVEMBER 3, 2021

They argued that the company made copies of their copyrighted works on its servers and deliberately marketed its service to pirate sites such as Thothub. This includes the advertising company MultiMedia, also known as Chaturbate, which was actively used by Thothub in the past. Settlement? Cloudflare as Piracy Facilitator?

Copyright Infringement 136

Copyright Infringement Copyright Settlement Advertising 136

LexBlog IP

MAY 24, 2023

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. million to “record and broadcast advertisements by their Radio Personalities endorsing the Pixel 4.”

Advertising 52

Advertising Advertising Settlement Copying 52

TorrentFreak

FEBRUARY 1, 2024

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. “TEI did not make a simultaneous copy of the Broadcast when it was viewed on April 17, 2021. For its part, Triller disagrees, bitterly.

Copyright Infringement 82

Copyright Infringement Advertising Advertising Copyright 82

Greenspoon Marder LLP

MARCH 27, 2018

Sometimes the works in question are reproduced on clothing, other times the works are featured in advertising and marketing campaigns. A well-known street artist known as Rime has filed lawsuits against prominent designers Vince Camuto and Moschino, both which ended in settlements. The terms of the settlements were not disclosed.

Copyright Infringement 52

Copyright Infringement Copyright Settlement Advertising 52

TorrentFreak

MARCH 18, 2022

Triller alleged willful copyright infringement (for distributing, uploading, copying, and publicly displaying the fight), violations of the Federal Communications Act (interception/misuse of a satellite broadcast), and vicarious copyright infringement in respect of the infringing acts of those who allegedly viewed the fight on FilmDaily.

Copyright Infringement 131

Copyright Infringement Copyright Advertising Advertising 131

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. 26, 2021). This is a preview of the future of CCB litigation…CAN’T WAIT! 19-55882 (9th Cir.

Copyright 122

Copyright Copying Copyright Infringement Copyright Law 122

43(B)log

MARCH 1, 2022

Amount/substantiality: Accepting his allegation that the passage was the heart of the work, the court saw no need to separately address his argument that the separate registration meant that the school district copied the “whole” work. If that were all, copying the WIN Passage would be qualitatively significant. NXIVM Corp.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

TorrentFreak

MAY 20, 2024

WOW mentioned that the companies previously tried to get quick settlements from John Doe subscribers based on little more than an IP-address. — A copy of WOW’s motion to dismiss the second amended complaint, filed at the U.S. This lawsuit isn’t progressing quickly by any means, however.

Copyright Infringement 93

Copyright Infringement Copyright Notice Social Media Copyright 93

IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. In the original suit, filed by Plaintiff, the defendant was the prevailing party. Motors Corp., 3d 583, 590 (4th Cir.

Litigation 73

Litigation Advertising Advertising Settlement 73

TorrentFreak

JULY 29, 2021

advertised high-speed Internet access, combined with the inaction against online piracy, attracts potential copyright infringers to the ISP, the complaint alleges. That claim is backed up by an affidavit from the operator of YTS , who signed settlements with several of the movie companies in the past. through a separate letter.

Copyright Infringement 144

Copyright Infringement Copyright Music Settlement 144

43(B)log

SEPTEMBER 7, 2021

Significantly, even intentional copying of a plaintiff’s trademark does not, standing alone, state a misrepresentation claim.” accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

Copyright Lately

JULY 12, 2021

Baron Cohen argues that the use of his name and likeness in a cannabis advertisement (which he’d never agree to) would have commanded a much higher amount. But the case settled in 2009 on the eve of trial for a cool $5 million – one of the few publicly reported settlements in cases like these. A copy of the complaint is below.

Copyright 81

Copyright Advertising Advertising Settlement 81

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Technology & Marketing Law Blog

AUGUST 30, 2021

It was certified as a class action on behalf of a large number of sound recording copyright owners (but excluding the major record labels, which had already entered into a separate settlement with Sirius XM). That settlement left Flo & Eddie’s lawyers representing a class of only about 20% of the pre-1972 sound recording copyright owners.

Blogging 95

Blogging Copyright Settlement Ownership 95

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 101

Fair Use Licensing Copyright Marketing 101

TorrentFreak

APRIL 6, 2023

Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance,” they wrote. — A copy of Judge Domenico’s order on the motion to dismiss in the WOW! According to the court, that’s the case here.

Copyright Infringement 117

Copyright Infringement IP Copyright Reporting 117

LexBlog IP

APRIL 12, 2022

But as we saw in the fall, it is certainly possible that down the road, the agency will bulk-mail copies of these Notices or perhaps update and revise them and send out the new versions to relevant market participants. So what on earth is going on here, and is the agency serious about this?

Settlement 52

Settlement Copying Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. 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. Signal 23 Television v.

Registration 125

Registration Fair Use Copyright Design 125

SpicyIP

MAY 20, 2024

The Court ruled that the defendants have tried to slavishly copy the plaintiffs’ trademark by adopting a visually, structurally and phonetically similar trademark. The defendant claimed defence under comparative advertising, that it does lead to disparagement and that the plaintiff does not hold registration over the blue colour in question.

Trademark 45

Trademark Advertising Advertising Copyright 45

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Coinciding with this announcement, FDA issued draft guidance addressing promotional labeling and advertising considerations for prescription biological reference and biosimilar products. 1, 2020 and regulates anticompetitive patent settlements. 262( l )(3)(A) or ( l )(7)).

Settlement 40

Settlement Licensing Design Designs 40

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.” ” (OUCH).

Trademark 96

Trademark Advertising Advertising False Advertising 96

SpicyIP

FEBRUARY 13, 2023

If a design, when registered, does not suffer from lack of novelty or originality, the mere fact that, after it is registered, several persons may choose to copy the said design can obviously not constitute a ground to cancel the registration of the design.” Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Design 52

Design Designs Trademark Cease and Desist 52

LexBlog IP

SEPTEMBER 15, 2022

On September 8, 2022, the parties filed a notice of settlement. January 2022: Rapper Lil Yachty (real name: Miles Parks McCollum) sues NFT seller Opulous for trademark infringement based on Opulous using his name and likeness as part of a “Lil Yachty NFT Collection” advertising access to his new music. Miramax, LLC v.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . No earlier than June 30, 2023 per settlement. No earlier than September 30, 2023 per settlement. No earlier than July 1, 2023 per settlement. No earlier than January 31, 2023 per settlement. January 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52