Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Plus, the tattoo affected the fair use analysis because it established the impossibility of competitive tension between the tattoo artist and Netflix. For this, Cramer demanded $10M dollars from Netflix (later dropped to $50k).

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 62

False Advertising Advertising Advertising Copyright 62

Intepat

JULY 11, 2024

Introduction The issue came to light when one of the founders of a company named Dorje Teas put up a post on LinkedIn claiming that they have been served a copyright infringement notice by Shark Tank India for the unauthorized use of clips of their pitch on the show to advertise on Youtube and Meta ads.

Copyright 52

Copyright IP Social Media Copyright Law 52

JIPL Online

APRIL 9, 2021

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

SEPTEMBER 12, 2022

This means that if Alyssa has sold her hula hooping cat t-shirts to the public, I could take my own photographs of one of the shirts in order to list them on eBay without infringing Alyssa’s copyright in the underlying design. 17 U.S.C. § Deadly Doll, Inc. Carlos Vila’s photo of Irina Shayk wearing Deadly Doll sweatpants.

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

BYU Copyright Blog

SEPTEMBER 6, 2021

In our June 6, 2021, blog post we reported on a lawsuit between two companies that guide prospective college students in their application process. However, Lehren claims that it would characterize the copied text “as limited and immaterial[,]” and asserts that the, "copying falls within the Fair Use exception to infringement."Lehren

Copying 52

Copying Fair Use Advertising Advertising 52

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. It lost for two reasons: one grounded in contract law and the other external.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

TorrentFreak

NOVEMBER 18, 2021

In the summer we reported on an unusual situation in Japan where copyright holders felt that the rise of so-called ‘fast movies’ represented a threat to their business. “CODA shall continue to eliminate illegal use of Japanese content, including but not limited to, ‘fast movies’ and to protect copyright.”

Editing 129

Editing Copyright Copyright Infringement Fair Use 129

Kluwer Copyright Blog

APRIL 25, 2023

Photo by Artur Shamsutdinov on Unsplash This is a two-part post summarising the authors’ findings from the report on Copyright Infringement in the Video Game Industry which was prepared by the authors for the World Intellectual Property Organization.

Copyright 55

Copyright Copyright Infringement Fair Use Intellectual Property 55

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 93

Blogging Social Media Television Fair Use 93

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. All of these facts placed Defendant on actual notice that it was highly likely that, in fact, Plaintiff’s Sticker Sheet was not infringing the Subject Design.

Registration 113

Registration Fair Use Copyright Designs 113

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

Fair Use 116

Fair Use Copyright Reporting Licensing 116

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g. music synchronised in an advertisement) and adaptations (e.g. here and here ). A composite work is therefore a derivative work, i.e. simple incorporations (e.g.

Derivative Work 105

Derivative Work Copyright Law Copyright Law 105

IP and Legal Filings

APRIL 19, 2022

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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. year over year to $2.71 And we’re happy to have the opportunity to be very, very clear about our view of the legal landscape.

Music 84

Music Copyright Copying Copyright Law 84

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. When she became aware of the use, she promptly sent a C&D. (It Campbell v. Gannett Co.,

Advertising 57

Advertising Advertising Copyright Infringement Publishing 57

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. The studio settled quietly out of court, so there’s no reported decision in this one. affirmed the district court’s grant of summary judgment for the advertisers.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts.

False Advertising 73

False Advertising Advertising Advertising Trademark 73